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Posted in: Medical Malpractice
When a hospital is negligent, the results can be catastrophic. Medical mistakes can lead to injuries and the need for additional treatments that may be painful and costly, especially if an illness is misdiagnosed or diagnosed too late.
When that happens to you or a loved one, you may be entitled to compensation. Our attorneys at Kisling, Nestico & Redick will listen to you and discuss your options.
If you or a loved one has been the victim of medical malpractice, we invite you to call our Ohio medical malpractice lawyers at 1-800-HURT-NOW to schedule a free consultation to discuss your case.
While hospitals often provide excellent care for most patients, it is not uncommon for hospitals to make many different types of mistakes while treating a patient.
When a patient makes a medical malpractice claim against a hospital, the question of liability can be quite complex. Hospital liability generally falls into three categories:
For legal purposes, employees are people who work part-time or full-time for the hospital. In most cases, they do their work on hospital grounds or in hospital-owned facilities and are paid directly by the hospital or a corporate entity. Employees may include a wide variety of positions, including staff doctors, nurses, administrators, janitorial staff, staff who work in the cafeteria or hospital restaurants, and security guards.
Associates are different than employees. While associates may provide a service to patients within the facilities of the hospital or medical center, they are usually employed and paid by a private company. There are many private doctors who are granted privileges to treat patients, perform surgery, or administer tests/procedures within the hospital but are not technically employees of the hospital or health care company.
Examples of hospital associates are paramedics, maintenance staff, private doctors, and any other people who are employed by an independent firm but who provide direct service within the hospital facility.
In rare cases, hospital errors are made by employees whose role has to deal with the administration and hospital policy rather than direct patient care. This category of liable parties may include hospital administration officials or the admitting clerical staff at the front desk, urgent care, or emergency room.
Any case that involves medical malpractice on the part of a hospital should always be managed by a qualified and skilled attorney. Medical malpractice cases are far more serious than a dispute with a hospital over insurance or other administrative issues. Hospitals almost never settle malpractice claims in order to protect their reputation within a local community.
According to the American Bar Association, most medical malpractice claims begin as lawsuits, meaning that it is almost always necessary to file a lawsuit to obtain any kind of settlement.
These cases are complex and require patience on the part of the patient as well as detailed legal knowledge. Qualified malpractice attorneys often are as knowledgeable about medical terminology and health care as some trained medical professionals.
Through a medical malpractice lawsuit, you may be able to recover compensation for the various losses related to the injuries you experienced due to a hospital error. Under Ohio law, these losses are divided into economic and noneconomic damages and include your:
Medical malpractice cases are often complicated and may not be cut-and-dried even though it seems so to you. In Ohio, the process of proving medical malpractice is both complex and costly. That’s why it’s important to hire an Ohio medical malpractice lawyer with experience and a proven track record of results.
At Kisling, Nestico & Redick, our Ohio medical malpractice lawyers have extensive experience helping people who have been harmed by medical negligence to obtain the maximum possible compensation for their injuries and losses. We perform exhaustive investigations into hospital errors to determine the true cause of your injuries and then pursue the responsible parties aggressively on your behalf.
As one of the largest personal injury firms in the state, we have the knowledge and resources to pursue these types of cases — including a network of top investigators, medical professionals, and expert witnesses we can call upon to support your claim.
According to the CDC, over 400,000 Americans die each year from mistakes made in hospitals. In addition, more than 700,000 people contract infections in hospitals each year, and over 75,000 people die from hospital-based infections.
Ohio law only gives you one year to file a medical malpractice lawsuit for a hospital error (19 in the case of a minor). And while there are exceptions if injuries don’t appear until later, don’t wait because if a claim is not filed within 4 years of the procedure, you could be barred from receiving any compensation.
Not all adverse medical outcomes are considered malpractice, so it’s important that you consult an attorney to help you determine how to proceed if you suspect a mistake while in the hospital caused you harm.
Generally, for hospital errors to be malpractice, you must prove that a medical professional or hospital administration failed to meet the accepted standard of care or behaved negligently, and their error caused your injury or harm.
If you believe a medical professional or care facility did not live up to their obligation and causes a serious error that resulted in harm, you should talk to an attorney. Medical error cases are complicated and require unique medical insight. Your lawyer can explain your options, help secure an independent diagnosis, and guide your next steps.
We offer a free initial consultation to evaluate your claim and discuss your legal options. With offices in Akron, Canton, Cincinnati, Cleveland, Columbus, Dayton, Toledo, and Youngstown, our medical malpractice attorneys serve clients throughout Ohio. We will to travel to your location if you are unable to make it to one of our offices due to your injuries.
Call Kisling, Nestico & Redick at 1-800-HURT-NOW, or contact us online, to schedule a free consultation with our Ohio medical malpractice attorneys. We do not charge an attorney fee unless you recover compensation for your case.