Our Columbus Medical Malpractice Lawyer Can Help You Get Compensation for Your Losses
If you believe that you or a family member were a victim of medical negligence, reach out to a qualified medical malpractice attorney at The Fitch Law Firm to help protect your rights and guide you through the complex legal field. We have a dedicated and compassionate legal team that will investigate the facts, prepare testimonies and evidence, and prepare for trial.
In Ohio, you typically have one year to file a medical malpractice case, which doesn’t give you a large window of time to act (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 strengthen your case.
Call us at (614)739-8931 for a free, no-obligation consultation today.
Factor That Will Influence the Value of Your Medical Malpractice Claim
Determining the value of your medical malpractice claim requires a thorough investigation and collection of all your damages. Once compiled, we can present our demands to the liable party and their insurers for the maximum compensation possible.
Additionally, your settlement value could be influenced by such factors as the following:
- The severity of your injuries
- The time needed to recover
- The care needed to recover
- Your age
- The cause of your injuries
To give you an example, The Fitch Law Firm LLC has obtained as much as $2.65 million in one malpractice case. The case involved a birth injury where the asthmatic mother was given improper medical care, resulting in her respiratory arrest and a serious neurological injury to the infant.
To discuss your case evaluation, call us today.
What Is Medical Malpractice?
Medical malpractice takes place when medical practitioners breach their duty of care towards patients by acting negligently or recklessly during treatment and therefore causing their patient harm.
Medical malpractice may look like any of the following:
- Delayed or incorrect diagnosis
- Surgical errors
- Birth injuries
- Errors with anesthesia
- Hospital negligence
The Last Thing You Should Worry About Is How You’re Going To Pay For Your Medical Bills.
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How Do You Prove Medical Malpractice 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 the consequences of malpractice. Unexpected complications can arise during treatment, and patients occasionally get worse after medical care, but neither of these aspects automatically signal 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 Columbus medical malpractice lawyer:
- Dates of when the treatment occurred and when it stopped
- Medical costs
- Your medical provider
- Any discharge instructions
- Prescriptions that you were given
What Damages Can I Recover?
Victims of medical malpractice may be able to recover the following damages:
Economic (tangible monetary losses)
- Past and future medical expenses
- Rehabilitation and therapy costs
- Loss of income and earning capacity
Non-economic (intangible losses)
- Pain and suffering
- Mental anguish
- Loss of enjoyment of life
If you are the surviving family member of a patient that 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
Do You 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 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 its doctors, but their insurance company as well. These parties will aggressively defend themselves, which may make negotiating a settlement even more difficult and overwhelming.
But you don’t have to fight alone. At The Fitch Law Firm, we have a highly qualified legal team that is 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.
Crucial 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 is one of the most complicated legal matters — not every lawyer is able to handle it. To avoid wasting your time, effort, and money, choose a medical malpractice attorney who has training, knowledge, and, most of all, successful 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 attorney’s fees are a pre-approved percentage.
How long do I have to file a medical malpractice claim in Ohio?
The 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 discovery of the injury was delayed. But this statute is typically strictly enforced, and 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
- Medical 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 has decades of experience 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 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 be confusing and stressful when you or a loved one is still trying to recover. 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. Our dedicated Columbus medical malpractice attorneys are here to provide the compassionate legal support you need.