Hamilton Medical Malpractice Attorney

If you or a loved one has been injured by medical malpractice in Hamilton, Ohio, contact Elk & Elk for a free consultation with an experienced attorney. Medical malpractice is a preventable wrongdoing that interferes with the treatment of hundreds of thousands of patients per year, often causing serious injuries and deaths. Our medical malpractice lawyers are committed to helping injured patients throughout Ohio.

What Is Medical Malpractice?

The definition of medical malpractice in Ohio is the careless or intentional failure to uphold the medical industry’s standards of care, resulting in patient injuries or illnesses. If the physician in charge of your care committed an action or omission that a prudent doctor would not have in the same or similar circumstances, you may have grounds for a medical malpractice case.

Common examples of medical malpractice in Hamilton include:

  • Diagnosis errors
  • Failure to diagnose
  • Misinterpreting test results
  • Medication mistakes
  • Surgical errors
  • Unnecessary surgery
  • Lack of informed patient consent
  • Emergency room mistakes
  • Premature discharge
  • Birth injuries
  • Medical product defects

Medical malpractice is the direct outcome of a health care practitioner’s carelessness, recklessness or wanton disregard for patient safety. In Ohio, if medical malpractice gave you or a loved one an injury, your lawyer can help you hold the responsible party accountable.

Three Important Medical Malpractice Laws to Know in Ohio

A medical malpractice lawsuit is a challenging undertaking in every state. If you need to file a medical malpractice claim in Ohio, the state’s related laws could have a major impact on your case:

  • Statute of limitations. The statute of limitations, or time limit for filing, is one year after the accrual of the cause of action in Ohio (Ohio Revised Code 2305.113). You may have one year from the date of injury discovery if this is later than the date of the medical error. However, the statute of repose is no longer than four years no matter when you discover your injury.
  • Affidavit of merit requirement. In Ohio, you must file an affidavit of merit with your civil lawsuit. This is a document signed by an expert witness (usually someone in the medical industry) who has reviewed your case and believes the defendant did not meet the standard of care.
  • Damage caps. Like many states, Ohio has a damage cap that can limit how much compensation you receive in a medical malpractice lawsuit. Although economic damages are limitless, noneconomic damages (pain and suffering) have a cap of $250,000 or three times the amount of your economic damages, whichever is greater, up to $350,000 per plaintiff.

The best way to properly navigate Ohio’s medical malpractice laws is by hiring an attorney for assistance. A medical malpractice lawyer in Hamilton will have the experience, knowledge, and resources to bring a strong claim to damages on your behalf.

Compensation Available for Medical Malpractice in Ohio

If your lawyer succeeds in holding a doctor, hospital or health care provider financially responsible for medical malpractice, you and your family could receive a financial reward to repay you for several past and future losses:

  • Health care bills
  • Long-term medical needs
  • Lost earnings
  • Pain and suffering
  • Permanent disability
  • Lost enjoyment of life
  • Court costs
  • Travel expenses
  • Punitive damages

The value of your medical malpractice claim will depend on many factors, including the gravity of your injuries and how long it will take you to recover.

Consult With a Medical Malpractice Lawyer in Hamilton, OH at No Cost

If you or a loved one was injured by medical malpractice in Hamilton, Ohio, contact the local medical malpractice attorneys at Elk & Elk for a free consultation. We will accurately evaluate your claim, estimate its value and explain the next steps to take toward justice.

Request your free consultation in Hamilton today. Send us a message online or call 1-800-ELK-OHIO (1-800-355-6446) anytime.