If you or a member of your family suffered medical malpractice while under the care of a medical professional or facility, a Marion personal injury lawyer can help you seek financial compensation. Our case assessment team will identify the error, neglect, or accident that led to your current medical circumstances. We will also assign an accurate value to your injuries, loss of income, and physical and emotional pain and suffering.
When you are ready to fight for financial compensation against the at-fault medical professional or health care facility that caused your injuries, our Marion medical malpractice lawyer can help. At the Fitch Law Firm LLC, our personal injury lawyer fights for the compensation Marion, Ohio, victims deserve. Our goal is to explain and establish the legal elements of medical malpractice, prove the value of your case, and negotiate a fair settlement on your behalf.
Recoverable Economic Damages for Medical Malpractice in Marion, OH
You may be able to recover two types of recoverable damages in your medical malpractice case – economic and non-economic. Calculating your recoverable economic damages typically requires a collection and tabulation of your resulting bills. When we work together to prepare your case, we measure the value of your non-economic damages based on the current and anticipated extent of your injuries and several other factors.
Economic damages in your medical malpractice case include actual financial expenses and losses that stem from your medical injuries and other losses. They may include:
- Current and future medical bills
- Current and future income loss
- Rehabilitation and therapy
- Medication and medical devices
- In-home medical assistance
If your family member was fatally injured as the result of medical malpractice, your recoverable damages will also include their final medical bills, funeral and burial expenses, and other losses. When we assess the value of your case, we are careful to include every allowable expense and work toward a fair settlement on your behalf.
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Recovering Non-Economic Damages in a Marion, OH Medical Malpractice Case
Your recoverable non-economic damages are calculated based on several factors that can be difficult to gauge. Serious injuries, their required treatments, and the changes and adjustments they force you to make to your lifestyle factor into the value of intangible damages, including:
- Physical impairment
- Physical disfigurement
- Physical pain and suffering
- Mental and emotional anguish
Non-economic damages can be more complicated to assess because they include damages that do not have a definitive bill or receipt that clarifies their value. Our team can help you understand how their values are reached and ensure their value is accurate.
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Why Should I Hire A Marion Medical Malpractice Lawyer?
Our familiarity with medical malpractice laws means our team can help build a strong case against the at-fault party. While you concentrate on restoring your health or helping your family cope with an unexpected loss due to a medical error, our team will assist with the following:
- Prove the at-fault party’s medical negligence
- Build a case file that supports your right to recovery
- Compile relevant medical records and bills
- Obtain, complete, and submit insurance claim forms
We will also assist in filing all relevant court documents and provide representation at trial if a fair settlement cannot be reached. Additionally, our team will help you obtain a death certificate if a loved one succumbed to medical malpractice. Our goal is to help build your case and collect and organize the evidence you need, as well as present it to the at-fault party and their insurer to negotiate a favorable financial settlement on your behalf.
We Help Prove the Legal Elements of Medical Malpractice
Medical malpractice can result from failure to diagnose, inappropriate medical treatment, or failure to inform you of recognized medical risks. These are only a few situations that can bring about a medical malpractice action. We will assess the specifics of your situation to find out what actions occurred that constitute medical malpractice in your case.
To seek medical malpractice, you are required to prove certain critical legal elements, which include:
- Negligent treatment from a health care professional
- Treatment that falls below the accepted standard of care
- Medical treatment that injures or harms the patients
We also speak with medical experts and consultants to prove the treatment you received did not meet the acceptable standard of care. The experts we consult can also help validate your affidavit of merit, a legal document required in all malpractice cases in Ohio.
Affidavit of Merit
Filing and prosecuting malpractice cases can include a substantial amount of paperwork. As such, your case will require an accompanying affidavit of merit. A qualified medical professional must verify this form, attesting to the validity of your case and supporting your assertion that the medical care you received did not meet the acceptable standard.
Ohio Revised Code Section 2323.451 requires the filing of this document. With a lawyer’s direction and guidance, you do not have to struggle to comply with the varied requirements of the affidavit of merit. If you were the victim of malpractice in Marion, Ohio, our medical malpractice lawyer can help complete and file this form and ensure it complies with the state’s requirements.
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Our Results From Previous Ohio Medical Malpractice Cases
We fight hard for the best possible financial outcome. Our goal is to ensure your case is accurately valued and any settlement we negotiate for you is fair. Previous case results include:
- $2,650,000 result for an infant who suffered a serious neurological injury from the improper medical care of its mother during birth
- $1,550,000 result for the surviving family of a 40-year-old male for the failure to diagnose his cancer in a timely fashion
Financial compensation is only one aspect of the support our team provides. We also make sure you have a supportive experience that lets you focus on your physical recovery while we focus on your financial recovery.
Marion Medical Malpractice FAQ
If you recently discovered that you may be a victim of medical malpractice, you may be scared, confused, and worried about what to do next. We want you to feel confident in your decision to hold the liable party accountable.
With that in mind, we have answered some of the most frequently asked questions surrounding medical malpractice claims in Marion below. We can discuss additional questions we did not cover on this page during your free consultation.
What are Common Types of Medical Malpractice?
Medical malpractice can take many forms. Essentially, anytime the medical duty of care is not upheld, a healthcare provider can be held accountable for malpractice.
When a healthcare provider makes a mistake or error that another healthcare provider of similar education, job training, and experience would not have made, this decision would be considered a breach of the medical duty of care, which is grounds for medical malpractice.
Some of the common types of medical errors and mistakes injury victims sue for are:
- Anesthesia mistakes
- Surgical errors
- Delayed diagnosis
- Failure to treat
- Failure to provide follow up care
- Birth injuries
- Maternal birth injuries
- Failure to supervise
- Prescription drug errors
These are just a few types of medical malpractice our firm has seen in Marion civil courts. If you have been dealing with another type of medical mistake but do not know where to turn for help, reach out to our office to discuss your potential medical malpractice lawsuit today.
How Do Medical Malpractice Claims Work in Marion, OH?
When you have been a victim of medical malpractice, your case could be resolved in many ways. First and foremost, our attorney will need to investigate the cause of your injury or illness. We will need to carefully assess the situation and gather evidence to prove liability.
Once we have a better understanding of which healthcare provider is responsible for your condition, we may prepare to file a medical malpractice insurance claim. The defendant will likely be represented by some type of malpractice insurance. In filing a claim with the insurance company, we may be able to secure a settlement that fully meets your needs.
However, if you hope to recover maximum compensation for your damages after a medical error, you may need to file a medical malpractice lawsuit against the liable party. Bringing your case before a court may be the best way to recover total compensation for your suffering.
Who Should I Sue in My Marion, OH, Medical Malpractice Case?
Virtually any healthcare provider who owed you a duty of care could be held accountable for medical malpractice. Marion medical malpractice claims usually involve the following healthcare providers:
- Internal medicine physicians
- Nursing assistants
- Doctor’s offices
Get a Free Consultation on Your Marion, OH, Medical Malpractice Case
Were you or someone you love injured by a medical error or medical neglect? Our Marion medical malpractice lawyer can help you build a strong case, prove the cause of your injuries, and fight for a fair and appropriate financial settlement. Call one of our team members at the Fitch Law Firm today for a free consultation.
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