Dayton Medical Malpractice Lawyer

Every day, thousands of people across Dayton visit their primary healthcare provider, the emergency room, or the hospital for routine visits, diagnostic testing, surgeries, and accidents. We place our trust in the people who work at these medical facilities. When that trust is betrayed and harm is suffered at the hands of a doctor, nurse, or a hospital system as a whole, the aftermath is devastating. A Dayton medical malpractice lawyer can protect you.

You deserve excellent medical care. Whether you are receiving this care at Miami Valley Hospital, Kettering Health Main Campus, Kettering Health Dayton, or Soin Medical Center–Kettering Health, the doctors, nurses, and other staff members owe you a specific duty of care. When this duty of care is breached through an act of negligence, recklessness, or intentional wrongdoing, you need to hold these parties accountable, and we are here to help.

When you or a loved one suffers as a result of medical malpractice, you need the experience and resources offered by the team at Spangenberg Shibley & Liber. You no doubt have questions, and thankfully, we have the answers.

Spangenberg Shibley & Liber: Your Trusted Medical Malpractice Legal Advocate, Over $1 Billion Obtained

At Spangenberg Shibley & Liber, we are proud to have earned a preeminent reputation in medical malpractice litigation. Many of our verdicts and settlements have been some of the largest ever awarded in Ohio. In fact, in the last two years, our team has obtained 25% of all seven-figure verdicts seen in the state. We are proud to employ two registered nurses on our staff, and our offices maintain a current and extensive medical library.

Since 1946, our team has acted as a beacon of hope for those who have been hurt by the very people and systems meant to care for us. Whether you have been harmed, a loved one has died, or you are looking to refer a case out to us, the experienced attorneys at Spangenberg Shibley & Liber are here to serve you and secure the fair and full amount of compensation you are owed at this difficult time. A few of our medical malpractice cases have resulted in the following:

• $8.5 million, in a settlement for delay in evaluating a spinal hematoma, which resulted in the victim suffering quadriplegia
• $5.1 million, in a verdict for the failure to diagnose an injury to the common bile duct
• $8.2 million, in a verdict for a man who had spent 10 hours in the emergency room before staff realized he was suffering a spinal cord compression, and permanent paraplegia was the result
• $6.5 million, in a verdict for a 52-year-old woman who was discharged twice in one day from the emergency department, who later died of pneumonia
• $6 million, in a verdict for a 68-year-old woman who was discharged from the emergency department, and no one called the patient when blood test results showed she had a deadly infection–four days later, the woman was found dead in her home *

When it comes to your health and medical care, you deserve experienced and quality care you can trust. Likewise, when this trust is betrayed, you deserve legal care you can count on. At Spangenberg Shibley & Liber, we are here for you, no matter the nature of your medical malpractice case. Our results speak for themselves, and while these results cannot guarantee the outcome of your case, we are here to serve you with the same degree of legal excellence.

Types of Medical Malpractice in Dayton

According to a recent study, in a four-year period, there were over 250,000 reports of medical malpractice nationwide. The consequences of these malpractice cases are terrible, as thousands of lives are lost every year due to the negligence of a medical provider or system. These cases impact victims’ lives in a variety of ways, but permanent damage and death are common results.

At Spangenberg Shibley & Liber, we make it our mission to help those who have suffered harm in a medical malpractice case, whatever that case might entail. We are committed to helping victims secure the necessary care and compensation they need to face the aftermath of their injuries. Our attorneys have decades of experience securing favorable results for clients who have faced the following types of medical malpractice:

• Surgical errors. Whether you are going in for a scheduled, routine surgery or have undergone surgery in an emergency situation, the surgeon and care team involved have a duty of care to both your life and your overall health. In the most unfortunate situations, these surgeons act negligently and can cause severe injuries and even death. The most common surgical errors can include:
  • Failure to use the proper surgical equipment
  • Failing to sterilize the surgical equipment
  • Performing a procedure on the wrong patient
  • Performing a surgery on the wrong area of the body
  • Leaving a foreign object inside the body of the patient
• Delayed diagnosis. When a doctor takes too long to diagnose an issue, it could become too late to address the problem. A delay in diagnosis means that the medical professional has failed to make the diagnosis or has been unable to establish the direct cause of the issue. This often results in a worsening of the condition you sought treatment for, and death is more likely. 23% of patients experience a diagnostic error in the U.S.
• Birth injuries. Welcoming a new addition to your family is an exciting time and one of life’s most important moments. However, when a healthcare professional is negligent at any point during the pregnancy or birthing process, severe and even fatal birth injuries can be caused to both the mother and the child. Examples of medical malpractice that can result in birth injuries include:
  • Failure to diagnose birth complications
  • Performing an unnecessary C-section
  • Failing to administer a C-section in a timely manner during an emergency situation
  • Failing to monitor the mother and/or the baby during labor
  • The improper use of certain birthing tools and assistive devices, which can lead to a number of birth injuries and permanent health conditions, such as cerebral palsy
• Medication errors. Medications are often used as part of your treatment program, but when the wrong prescription is ordered or filled negligently by a pharmacist, the results can be severe and even deadly. For example, you might be accidentally prescribed a drug that can cause a serious interaction when taken with a medication you have already been prescribed.
• Failure to treat. While a doctor might accurately diagnose you, they could fail to follow up with a necessary treatment plan. When your health issue is left untreated, or you have been prescribed the wrong form of treatment, your health can quickly grow worse, and you might suffer an additional issue as a result of incorrect treatment.
• Anesthesia errors. A vital part of medical care is the administration of anesthesia. It often helps patients not feel pain during difficult procedures and surgeries. However, when the anesthesiologist or their assistant is not mindful of their actions, you can suffer serious injuries and even death. According to a recent study, medication errors during the administration of general anesthesia can be as high as 1.12%.

Seek Legal Support

If you or someone you love has suffered at the hands of a medical professional or system, the team at Spangenberg Shibley & Liber is here to serve you. Choosing the right lawyer when your health is on the line can feel like an overwhelming decision. We are here to make that decision a little easier for you. You want someone you can trust, someone who has handled thousands of these cases in the past, and someone who can act as your legal champion.

At Spangenberg Shibley & Liber, we put you and your loved ones first. If you were injured by a negligent doctor or hospital system in Dayton, we are here to protect your rights to fair legal treatment and full monetary compensation.

Top Causes of Medical Malpractice

Medical malpractice, or medical negligence, happens when a healthcare professional fails to provide their patients with treatment that meets the overall industry’s standard of care. This failure harms the patient and can even result in permanent disability or death.

At Spangenberg Shibley & Liber, our attorneys have successfully negotiated and litigated medical malpractice cases that have occurred due to the following causes:

• Breakdowns in communication. When communication breaks down between your healthcare providers, between you and your doctor, or between different systems, such as between a primary care office and a hospital, a variety of medical errors can take place. Poor communication can also lead to delays in treatment, misunderstandings, lapses in necessary continuity of care, and medication errors.
• Lack of necessary follow-up care or monitoring. When a patient is not adequately monitored or given the necessary follow-up care, certain complications may go unnoticed or can be left untreated, resulting in serious and even fatal outcomes. Examples can include the failure to monitor for vital signs, neglect to perform crucial diagnostic tests, or not scheduling follow-up visits.
• Failing to obtain informed consent. Informed consent occurs when a healthcare provider discloses necessary information about possible procedures or treatments to patients, allowing them to make informed decisions regarding their care. If a doctor does not properly inform you about your possible treatment and the risks, benefits, and alternatives to said treatment, they have deprived you of your informed consent.

The Essential Elements of Medical Malpractice Claim

In a medical malpractice case, you are likely entitled to compensation and are allowed to hold the negligent party accountable for their actions or lack of action. However, to successfully do so, you will need to work alongside your attorney to prove the three following things:

• Standard of care. You will first need to demonstrate the reasonable expectations for any doctor, nurse, or hospital system that faced a situation similar to yours. The fact of the matter is that doctors cannot always guarantee that every patient will experience ideal results or that they will be able to detect an issue before it causes the patient harm. However, they must follow certain professional standards.
• Breach of standard of care. If your medical professional did not perform the duty or standard of care that is reasonably expected of them, then they have acted in negligence in either your treatment or diagnosis. This negligence can occur in different ways, such as when a doctor does not take your symptoms seriously or fails to diagnose the issue you are also suffering from. Any kind of abuse is also regarded as a breach of the standard.
• Breach resulted in injury. Finally, you and your attorney will need to show the link between the negligence acted upon by your medical provider and the injuries, harm, and other losses you are now suffering. In medical malpractice cases, the harm suffered is often serious and can be potentially life-threatening.

To be successful in each step of your medical malpractice claim, it is important that you have evidence to prove the validity of each element. At Spangenberg Shibley & Liber, we can act on your behalf to gather the necessary medical records and testimony that can support your claim. Our goal is to give voice to your side of the story and obtain the results you deserve.

The Effect of Ohio Statutes of Limitations on Medical Malpractice Cases

Like many other states, Ohio imposes a strict deadline, or statute of limitations, on medical malpractice cases. Victims generally have one year following the date of their injury or following the date a medical professional discovers the injury, whichever comes first, to file their medical malpractice claim. However, it is essential to understand that this statute of limitations cannot exceed four years from the date of supposed malpractice, regardless of discovery.

There are certain exceptions to this rule that are important to understand, as they could play a significant role in your case. These include:

• Foreign objects. In cases where a foreign object has been left inside the victim’s body, likely arising from a surgical error, the statute of limitations extends to one year from the date the object is found or should have been found.
• Fraudulent concealment. If the hospital system, doctor, or other healthcare provider fraudulently conceals the act of malpractice or your resulting injury, the courts may deem to toll, or pause, the statute of limitations until you discover, or should have been able to reasonably discover, the fraud at play.
• Cases involving minorities. If the victim of a medical malpractice case was a minor when the supposed malpractice took place, then the statute of limitations can be extended to their 18th birthday.

FAQs

Q: What Damages Can I Recover in a Medical Malpractice Case?

A: In a medical malpractice case in Ohio, there is a litany of damages you may be able to pursue, depending on the exact nature and severity of your injury. These damages include all related medical bills, wage losses, pain and suffering, as well as any kind of disfigurement or permanent disability that has been caused by the act of malpractice.

Q: What Is the First Step to Take for a Medical Malpractice Claim?

A: In a Medical malpractice claim in Ohio, your first step should be to retain the counsel and representation of a seasoned and trusted medical malpractice attorney. This attorney can review all of the evidence involved in your case, including your associated medical records, and begin building a claim of negligence on your behalf.

Q: Who Can I File My Medical Malpractice Claim Against?

A: There are a number of parties you may be able to file your medical malpractice claim against in Ohio, depending on the unique factors of your case. These parties can include the medical provider responsible for the negligence and damage, or any medical organization, corporation, or hospital that the negligent party worked for.

Q: Do I Need to Hire a Lawyer for a Medical Malpractice Case?

A: Yes, it is essential that you hire a lawyer for a medical malpractice case in Ohio. While having an attorney by your side is not legally required, they make all the difference when it comes to obtaining the compensation and justice deserved. The sooner you retain an attorney, the sooner you can focus on your rest and recovery and allow your attorney to handle the rest of your case, bringing it to a successful resolution as quickly as possible.

Hire a Medical Malpractice Lawyer with Over 80 years of Experience

Suffering a medical injury can be a terrifying and overwhelming time. You may not know where to turn next or even realize that there are legal options available to you. In addition to the harm you are now dealing with, you are likely still facing the original health issue you sought treatment for.

Before you try to pursue a claim on your own, you need to hire a medical malpractice lawyer you can trust. At Spangenberg Shibley & Liber, our team is here to serve you. We are happy to review your case, determine liability, and calculate the full amount of compensation you and your family deserve. The clock is ticking, so it is important that you contact us sooner rather than later. Call our offices today to schedule your initial consultation with a member of our team.

*Past results do not guarantee a similar outcome. Every case is different and must be evaluated on its own merits.