Our Columbus, OH Medical Malpractice Lawyer Can Help You Get the Compensation You Deserve
If you believe that you or a family member was a victim of medical negligence, reach out to a medical malpractice attorney at The Fitch Law Firm to help protect your rights and guide you through the complex legal field. We will investigate the facts, prepare evidence, and prepare for trial if need be.
In Ohio, you typically have one year to file a medical malpractice case, which may not seem like a large amount of time (ORC § Section 2305.113). Although some exceptions to this statute can allow you to extend the deadline, the sooner you reach out to a medical malpractice lawyer, the more time they may have to help you prepare your case.
Call us at (614)739-8931 for a free, no-obligation consultation today.
What Is Medical Malpractice in Legal Terms?
According to Ohio law (Ohio Revised Code 2305.113), medical malpractice takes place when healthcare providers fail to meet “standards of care — the expected level of care and skill delivered by competent professionals in the same field — during treatment and therefore causing patients harm.
Medical negligence may look like any of the following:
- Delayed or incorrect diagnosis
- Surgical errors
- Birth injuries
- Errors with anesthesia
- Hospital negligence
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How Do You Prove a Malpractice Claim in Ohio?
Health providers owe their patients a duty of care, which means they are legally and ethically obligated to act in accordance with the accepted standards of their practice. This translates into doctors and other health care providers acting competently and treating their patients with a reasonable degree of skill and diligence.
Not all unfortunate medical results are due to medical negligence. Unexpected complications can happen during treatment, and patients may also get worse after medical care, but neither of these things automatically signals that malpractice has occurred.
For it to be considered a valid medical malpractice claim, the following elements must be demonstrated:
There was a duty of care: A doctor-patient relationship had to be in place in order for the doctor (or other health provider) to have owed you a duty of care.
That duty was breached: The provider failed to meet accepted standards of care by acting negligently or failing to act.
That breach caused you harm: Your injury is directly linked to the medical care (or lack thereof) that you received while being a patient.
That harm resulted in damages: You sustained damages (economic and/or non-economic) that were the result of your injury.
Documents and records of your treatment are critical to proving the relationship between your injury and a provider’s medical negligence. There are a few pieces of information that may be helpful to collect before a consultation with a medical malpractice lawyer:
- Dates of when the treatment occurred and when it stopped
- Medical charges
- Your medical provider
- Any discharge instructions
- Prescriptions that you were given
What Damages Can I Recover?
Victims of medical malpractice may be able to obtain compensation for the following damages:
Economic (tangible, monetary losses) that you be able to recover
- Past and future medical expenses
- Rehabilitation and therapy expenses
- Loss of income and earning capacity
Non-economic (intangible losses) that you may be able to recover
- Pain and suffering
- Mental anguish
- Loss of enjoyment of life
If you are the surviving family member of a patient who died due to medical negligence, you can also file a wrongful death claim, which may help you recover damages for:
- Funeral expenses
- Loss of income
- Loss of companionship and guidance
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Do I Really Need a Columbus Medical Malpractice Lawyer?
No, you are not required to hire a lawyer for your medical malpractice case, but it would be hugely beneficial to do so.
Handling a medical negligence claim alone would mean facing a team of adjusters, agents, and lawyers that will be representing not only the hospital and/or its doctors, but their insurance company as well. These entities will aggressively defend themselves, which makes They will aggressively defend themselves, which may make negotiating a settlement feel even more difficult and overwhelming.
But you don’t have to fight alone. At The Fitch Law Firm, we are committed to getting you the justice and compensation that you deserve.
Medical malpractice cases are highly complex, but having experience and expertise on your side can help you improve settlement leverage and prepare your case for trial if necessary.
Helpful Things to Remember in Your Ohio Malpractice Claim
If you are considering filing a medical malpractice claim in Ohio, keep in mind the following:
- You do not necessarily have to go to trial. Many malpractice claims are resolved before they go to court. Whether or not your case proceeds to trial, you should have a lawyer on your side to represent you against the defense.
- Expert knowledge is necessary. The field of medicine is highly complex, so in proving medical malpractice, expert medical knowledge is essential. Your attorney should be able to bring on medical experts to support your claim, and you will want to be as forthcoming as possible when discussing your injury with them.
- Choose the right attorney. A medical malpractice case can be a complicated legal matter — an experienced lawyer can make a world of difference. To avoid wasting your time, effort, and money, choose a medical malpractice attorney who has training, knowledge, and, most of all, experience in handling malpractice claims.
Frequently Asked Questions
How much does a medical malpractice lawyer near me cost?
The Fitch Law Firm represents victims of medical malpractice all over Ohio, and we work on a contingency-fee basis, which means that we do not take payment until you get a settlement or a verdict in your case. In these cases, our attorneys’ fees are a percentage of the settlement or verdict.
How long do I have to file a medical malpractice claim in Ohio?
The Ohio statute of limitations for a medical malpractice claim is typically one year from the day the malpractice occurred. There are special circumstances in which this deadline may be extended, such as the victim being a minor or if the discovery of the injury was delayed. It is always best to reach out to a qualified medical negligence lawyer as soon as you can.
What evidence is needed to prove medical malpractice?
Comprehensive evidence is critical to a successful medical malpractice claim. You may need the following types of evidence to support your claim:
- Your medical records
- Hospital bills
- Pay stubs
- Testimony of medical professionals
- Witness statements
- Videos, photographs, and other documentation of your injury
Why Choose The Fitch Law Firm for Your Medical Malpractice Case?
The Fitch Law Firm is experienced in representing victims of medical malpractice. We are compassionate, responsive, and dedicated to serving the injured with integrity.
Here’s what you can expect when you reach out to The Fitch Law Firm:
- Initial consultation: We offer a free, confidential consultation to discuss your experience and explore legal options.
- Investigation: If you choose to move forward, we will conduct a thorough investigation, which may include gathering records, interviewing witnesses, and consulting with experts.
- Legal strategy: Based on our findings, we develop a comprehensive legal strategy tailored to your specific situation and goals.
- Filing a claim: We prepare and file the appropriate legal claims against all responsible parties, such as the care provider and/or hospital.
- Resolution: We work toward resolution through settlement negotiations or, when necessary, trial proceedings.
We understand that the process of a malpractice claim can feel overwhelming when you or a loved one is still trying to recover, but you are not alone in the fight for justice and compensation. Our team is here to support you on your path to justice and healing, and we’ll keep you informed every step of the way.
Contact an Experienced Columbus Medical Malpractice Lawyer Today
If you believe that you or a loved one has been the victim of medical malpractice, trust The Fitch Law Firm to help you. Talk to a member of our legal team about your case during a free case consultation. We are here to provide the compassionate legal support you need.