All surgeries carry a certain risk that you, as the patient, should be fully informed of before undergoing the procedure. When you agree to have surgery, you expect to receive appropriate care. If you or someone you love underwent surgery that resulted in a medical mistake, our Dayton medical malpractice lawyers can build a strong case for financial recovery on your behalf.
At The Fitch Law Firm LLC, our Dayton surgical errors lawyer can investigate every aspect of your case. We can examine your pre- and post-surgery medical records with qualified medical experts, determine the monetary value of your damages, and work to negotiate the best possible financial settlement for you.
Types of Surgical Errors That May Entitle Dayton Patients to Compensation
Because all surgical procedures are inherently risky, not every unfavorable outcome means you have a case for medical malpractice. Some commonly reported surgical errors that could constitute medical malpractice include:
- Anesthesia errors
- Wrong site surgery
- Wrong patient surgery
- Left behind instruments
- Resulting organ damage
- Unsanitary operating rooms
- Infection resulting from surgery
- Disregarded medication allergies
- Misdiagnosis or missed diagnosis
To pursue compensation, you must prove the medical care you received during your surgery didn’t meet the accepted standard of care. Finding and obtaining that proof is a complex legal process that can be challenging to accomplish on your own. If our attorney and legal team represent you, we take care of proving these elements for you.
Who We Pursue for Compensation After a Surgical Error in Dayton
If the surgeon or surgeons who performed your procedure made an error, we can pursue them and their insurance company for compensation. Additional potentially liable parties in your case can include members of the surgical staff, including nurses, anesthesiologists, or other healthcare providers. Hospital administrators could also be liable, including anyone who handled your charts and surgical notes.
In some cases, lab and testing errors before your surgery could have contributed to a mistake during your surgery. Our investigation could also identify erroneous bloodwork or failure to report medication allergies that may have impacted your case. We pursue all liable parties and avenues of compensation. In some cases, that could mean we pursue multiple insurance companies simultaneously.
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Financial Compensation Available for Victims of Surgical Errors
Medical malpractice can entitle you to recover a range of damages from the at-fault party. The economic and non-economic forms of compensation we can request for you could include:
- All medical bills associated with your original surgery and surgeries required to resolve the errors
- Income you lose due to the original and corrective surgery and the time it takes you to recover
- Physically disabling or disfiguring injuries
- Physical and emotional pain and suffering
- Diminished quality of life
When we make your compensation request, we obtain and examine the at-fault party’s insurance policy and its limitations and any medical malpractice damage caps that apply to your case.
Wrongful Death Compensation When a Surgical Error Is Fatal
Our law firm can represent your family if a loved one succumbed to a surgical error or its complications. Certain family members may pursue compensation for:
- The decedent’s funeral and burial costs
- Loss of consortium and guidance
- Loss of the decedent’s services to your family
- Loss of the decedent’s financial support
We know nothing can atone for the loss your family experienced. We also know the financial chaos an unexpected loss can cause, so we can request appropriate compensation on your behalf while you focus on taking care of your family.
Your Ohio Surgical Errors Case Requires an Affidavit of Merit
Medical malpractice cases require a plethora of documentation to support your allegations. Ohio Revised Code Section 2323.451 describes the requirement for an Affidavit of Merit and the details and information it must contain. Accordingly, this critical form must:
- Be filed alongside your medical malpractice lawsuit
- Include a qualified expert’s statement that your case has merit
- Describe the appropriate standard of care relevant to your case
- Assert that the described standard of care was not met in your case
- State that the breach of duty was the cause of your surgical error
Obtaining this document can be a time-consuming part of your case. Our legal team can identify the required medical expert, examine their credentials, request the Affidavit of Merit on your behalf, and file it at the appropriate time.
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How Our Surgical Errors Lawyer Advocates for Dayton Clients
When our law firm accepts your case, we bring over 30 years of personal injury case experience to the table. We provide injured clients and their families with compassionate, responsive legal care.
Our highly rated team of attorneys and staff at The Fitch Law Firm LLC can:
- Explain and adhere to Ohio laws that affect your case
- Collect evidence
- Handle all written, verbal, and electronic communication with the medical professional(s), the institution, their insurance, and any other interested parties
- Determine the monetary value of your surgical error case
- Negotiate with the at-fault party and their insurer
We can discuss your case in a consultation at no cost or obligation to you. Your free consultation gives us the chance to hear about the accident in your own words, not just by examining documents and evidence. We also represent you on a contingency fee basis. There are no upfront costs, and you pay no lawyer’s fees unless and until we win your compensation.
Contact Us For Your Free Surgical Errors Case Consultation Today
Surgical mistakes can have devastating consequences. If your health or the health of someone you love was compromised by medical negligence during surgery, our Dayton surgical errors lawyer can pursue medical malpractice damages for you. On your behalf, we can take on the insurance company—big or small—for financial recovery.
Find out how hard our client-focused team at The Fitch Law Firm LLC can advocate for you. Start building your medical malpractice case today by contacting our case consultation team.
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