Lima Medical Malpractice Lawyer

Medical malpractice can cause serious patient injuries, illnesses, and even deaths. If you or someone you love is the victim of medical malpractice, Elk & Elk can help. Our Lima medical malpractice lawyers have more than 50 years of experience representing those injured by the negligence of others. Find out how we can help you today.

Why You Need an Attorney in Lima, Ohio

Hiring a medical malpractice lawyer can make the claims process easier for you during this difficult time. While you focus on recovering from your injuries, your attorney can handle complicated legal processes for you, such as filling out and filing legal paperwork before Ohio’s deadline. Furthermore, an attorney can help you navigate Ohio’s medical malpractice laws, which are some of the most complicated in the civil justice system. An attorney can help you and your family fight for the compensation you deserve for medical malpractice in Lima.

What Is Medical Malpractice?

The definition of medical malpractice according to Ohio law is a preventable mistake or error made by a professional in the health care industry that results in harm to a patient. If the patient would not have been injured but for the health care entity’s mistake, the patient will have grounds for a malpractice lawsuit.

Most medical malpractice claims require proof of four elements to succeed:

  1. A doctor-patient relationship, where the medical professional owed the patient a duty of care.
  2. A breach of the health care practitioner’s duty of care.
  3. The defendant’s breach of duty caused injury to the patient.
  4. Compensable damages suffered by the patient connected to the defendant’s mistake.

As a plaintiff in a medical malpractice claim, you or your attorney will need to prove these elements as more likely to be true than untrue. This is a lesser burden of proof than in a criminal case, which requires proof beyond a reasonable doubt. A lawyer can help you gather and present evidence of medical malpractice.

Examples of Medical Malpractice in Lima, OH

Any action, omission or behavior on the part of a health care practitioner or hospital that falls short of the medical industry’s standards of care can constitute medical malpractice. Some of the most common examples of medical malpractice in Lima, Ohio are:

  • Emergency room mistakes
  • Misdiagnosis or failure to diagnose
  • Misinterpretation of test results
  • Medication mistakes
  • Errors before, during or after surgery
  • Problems with anesthesia
  • Unnecessary surgeries
  • Wrong-patient, wrong-site, wrong-surgery
  • Birth injuries
  • Defective medical devices or drugs

If you believe a doctor, nurse, surgeon, hospital or another health care entity caused your injury, you may be entitled to financial compensation from the negligent party.

What Is the Deadline for Filing a Medical Malpractice Claim in Ohio?

As a plaintiff, you or your lawyer must navigate many medical malpractice laws in Ohio. One of the most important is the statute of limitations. The statute of limitations gives you no more than one year from the date of the medical error to file a claim with the county’s civil courts. If you wait until after a year has passed, the courts may automatically dismiss your claim.

There is an exception, however, if you do not discover your injury right away. If a surgeon left a foreign object behind during surgery, for example, and you do not realize it until years later, you will have one year from the date of injury discovery to file. You must file within four years of the date of the malpractice, however, regardless of the date of discovery.

Contact Elk & Elk for a Free Medical Malpractice Consultation in Lima

If you were recently treated by a doctor in Lima, Ohio and believe malpractice or negligence by your physician caused an injury, you may have grounds for a medical malpractice claim. Working with the attorneys at Elk & Elk can make it easier to obtain fair financial compensation for past and future damages.

Discuss your medical malpractice claim in detail with one of our lawyers today. We have law offices conveniently located throughout Ohio. Contact the closest attorney to you by calling 1-800-ELK-OHIO. We also respond promptly to online requests for consultations.