Toledo Medical Malpractice Lawyer

Our doctors owe us a duty of care as patients. When they fail to uphold that duty by performing up to the standards set by their fields, it can lead to serious negative health consequences and even fatalities. If you’ve suffered an adverse health event or lost a loved one due to a doctor or another medical provider’s negligence, you should contact a Toledo medical malpractice lawyer to discuss your case right away.

Trust Spangenberg Shibley & Liber

The team here at Spangenberg Shibley & Liber is used to handling complex medical malpractice claims. In our many decades in practice, we have helped clients with everything from wrongful death claims to medical malpractice cases involving failures to diagnose, injuries sustained during routine biopsies, and cases of avoidable paraplegia. If your medical care was derailed by a doctor’s negligence, give us a call to discuss your case.

Reasons to Hire a Medical Malpractice Lawyer

There are several hospitals in the Toledo area, including ProMedica Toledo Hospital, Mercy Health – St. Anne Hospital, the University of Toledo Medical Center, and St. Vincent’s Hospital. ProMedica was named one of the top 50 hospitals in America by Healthgrades, and more than 300,000 people rely on the University of Toledo Medical Center for their care each year.

Unfortunately, medical malpractice can occur even in well-respected hospitals. If you’ve suffered at the hands of a healthcare professional who was remiss in their duty, you can hire a medical malpractice lawyer to both hold that person accountable and assist you with seeking compensation that could help you pay hospital bills related to your care, make up for lost earning potential, and more.

What Is Medical Malpractice?

Not all negative health outcomes are the result of medical malpractice. This form of personal injury is considered to have occurred when a healthcare provider’s negligence directly causes serious harm to a patient. Successful claims can lead to compensation for a variety of damages ranging from medical bills and lost wages to loss of enjoyment, pain and suffering, and even wrongful death.

Many of the negligent acts leading to personal injuries or wrongful death occur in hospitals, but medical malpractice can also happen in clinics and nursing homes. Basically, if a healthcare professional makes a preventable error and that error leads to an injury, the patient is entitled to file a medical malpractice claim to recover damages.

Elements of a Medical Malpractice Claim

For a medical malpractice claim to be successful, there are four elements of negligence that must be proven:

1. Duty of care. All doctors owe a duty of care to their patients. You’ll simply need to prove that a doctor-patient relationship existed prior to your receiving negligent care.
2. Breach of duty. There is a certain standard of care that all doctors must meet. It’s the level of care that would be provided by a reasonably competent physician with similar training in the same circumstances. If your doctor does not provide that level of care, they are in breach of their duty to you as a patient.
3. Causation. Medical malpractice claims are only valid if the doctor’s negligence directly led to an injury or death. If you had had the same negative health outcome, even if the doctor had performed their duties up to accepted standards, you would not be able to receive compensation.
4. Damages. Your injury or negative health outcome must lead to compensable harm in the form of economic, non-economic, or punitive damages.

In most cases, causation is measured using what’s known as the proximate cause. This legal term tests if medical professionals are liable for personal injuries using a “but for” test. The test considers what would have happened had there been no negligent act. If the harm had still occurred, you wouldn’t be able to file a claim.

A Higher Standard

Physicians owe patients a duty of care that meets higher standards than typical negligence claims. There is no duty of care for anyone to assist another person in the absence of a doctor-patient relationship. However, once a doctor decides to come to a person’s aid, they become liable for any injuries that result from negligent acts performed during the assistance. In most cases, doctor-patient relationships are formally established.

The Role of Expert Witnesses

Expert witnesses are often required in medical malpractice cases to prove both that a duty of care existed and that the doctor violated it by making preventable errors during a medical procedure or treatment. The expert witness can establish what the standard of care should be in that circumstance by showing how another reasonable doctor with the same training and in a similar circumstance would have acted.

Evidence Used in Medical Malpractice Cases

The primary form of evidence used in medical malpractice cases is medical records. These records must be released if you sign a release form. If you’re filing a wrongful death case in response to the loss of a loved one, the estate’s personal representative will be authorized to access any medical records necessary to prove the case.

Documentation is essential for expert witnesses to make their determinations. These medical experts review documents and provide testimony about whether the provider violated the standard of care based on what’s contained in your medical records.

Statutes of Limitations

Ohio has a one-year statute of limitations that limits how long after the harm a patient can file a claim. The statute of limitations is defined in Ohio Revised Code 2305.113, which also requires written notice of the intention to bring an action against a doctor, dentist, optometrist, or chiropractor.

There is an exception made to the statute of limitations for minors and those of an unsound mind. However, the claim must still be commenced no more than four years after the act occurred. If the victim does not discover the harm until after the one-year statute of limitations is up, they can still bring a claim within the year following the discovery as long as it has been less than four years since the act occurred.

Affidavit of Merit Requirements

Ohio’s Rule of Civil Procedure 10(D)(2) requires medical malpractice claims filed in the state’s courts to be accompanied by affidavits of merit from expert witnesses. These expert witnesses, typically doctors or other licensed healthcare professionals, declare under oath that they:

• Have reviewed all of the available medical records
• Are familiar with the standard of care that applies to the victim’s treatment
• Believe that the provider did not meet the standard of care
• Believe that the victim was injured as a result of that failure

Claims that are not accompanied by affidavits of merit are subject to dismissal.

Caps on Medical Malpractice Damages

Recently, the Ohio Legislature passed a statute that places a limit on the amount of compensation that can be awarded to the victim in a medical malpractice case. The limit caps the actual amount that the plaintiff in the case can receive and applies only to non-economic damages.

Economic damages are compensable harms that can be measured in monetary value. They include things like current and future medical care, reimbursement of any lost income, and other financial losses. There is no cap on economic damages.

Non-economic damages include things like emotional distress, pain and suffering, and loss of enjoyment. These forms of harm are more difficult to ascribe a monetary value to, and they are capped by the state of Ohio. Under Ohio Revised Code 2323.43, non-economic damages may not exceed either $250,000 or three times the plaintiff’s economic damages, with an overall maximum of $350,000 per plaintiff or $500,000 per case if there are multiple victims.

If the malpractice caused permanent or catastrophic injuries, the cap is increased to $500,000 per plaintiff or $1 million per case. It’s also relevant to note that the cap on non-economic damages is currently under review by the Ohio Supreme Court, and thus could be changed or removed entirely.

Common Examples of Medical Negligence

Medical negligence can take many forms. Claims can be brought against not just doctors but also hospitals and hospital staff members, nurses, and other providers. There are some types of claims that come up more frequently than others. Common examples include:

• Surgical errors. Some surgical errors are egregious, such as amputating the wrong limb or performing a surgery on the wrong patient. These are often referred to as “never events,” and they happen relatively infrequently. Other surgical errors, such as avoidable infections, can also lead to successful medical malpractice claims, though it’s often difficult to prove the source of an infection.
• Prescribing issues. When patients get prescribed the wrong medications or the wrong amounts of the right medications, it can cause serious harm. Patients may undergo allergic reactions, or they may have underlying conditions that worsen as a result of not receiving the proper treatment.
• Missed diagnosis. A missed diagnosis that another doctor in similar circumstances would have caught can lead to a medical malpractice claim. These cases are challenging as diagnoses often share multiple overlapping symptoms. You need to work with an experienced medical malpractice lawyer to bring a successful claim for a missed diagnosis or delayed diagnosis.
• Lack of informed consent. Doctors or hospital staff members who lie to patients to secure their consent to perform procedures can be charged with medical battery in addition to facing a claim for medical malpractice. Doctors are required to explain procedures, medications, and associated risks accurately.
• Birth injuries. Birth injuries are often preventable. They can include a failure to diagnose or treat an issue identified during the mother’s pregnancy that harms her or the fetus, or they can occur during the act of childbirth itself. Common forms of doctor negligence during childbirth include failure to respond to signs of fetal distress, incompetent use of medical tools, and other examples.
• Anesthesia errors. Anesthesia is dangerous. Even small errors by anesthesiologists can result in permanent injuries or even death. Anesthesiologists are required to investigate the patient’s medical history, looking for possible complications, and inform the patient of the risks involved.

Errors that can occur during surgery include giving too much anesthesia, failing to monitor vital signs, improperly intubating patients, or using defective equipment.

• Negligent failure to treat. In some cases, doctors get a diagnosis correct but do not offer proper treatment for the condition. This can be considered a negligent failure to treat. It rises to the level of medical malpractice if the healthcare provider’s conduct fell below the standard of care and the patient suffered harm. Failure to treat is relatively common in emergency room scenarios where patients may not have adequate health insurance.

Remember that a negative health outcome is not, in itself, a sign of medical malpractice. The doctor or other healthcare provider must have acted negligently, and their failure to uphold the accepted standard of care must have directly caused the injuries.

Potentially Liable Parties

Any healthcare professional can make an avoidable mistake in treating a patient. Medical malpractice cases can be brought against a variety of parties, including:

• Primary care physicians
• Specialists
• Surgeons
• Registered nurses
• Practical nurses
• Medical techs
• Anesthesiologists
• Pharmacists
• Dentists
• Psychiatrists

Depending on the circumstances of your case, you may also be able to file a claim against the hospital or clinic itself. Hospitals can be held responsible for incompetent care provided by doctors, nurses, and medical technicians if these professionals were acting as employees of the facility.

What to Do if You’ve Suffered at the Hands of Your Doctor

If you think your doctor has committed an unacceptable medical error, you can protect yourself and your legal claim by following this advice:

• Hold onto medical records and bills related to your care.
• Keep a journal of your pain and symptoms.
• Write down everything you remember about the medical error.
• Get contact information for any witnesses.
• Seek the help of a lawyer right away.

Medical malpractice cases tend to be complex. You don’t want to try to take on the healthcare establishment by yourself. You can improve your chances of filing a successful claim by consulting an experienced medical malpractice attorney from the very beginning.

FAQs

Q: What Is the Negligence Rule in Ohio for Medical Malpractice?

A: The negligence rule in Ohio for medical malpractice defines healthcare negligence as the breach of the accepted standard of care for their specialty, directly causing either a personal injury or a wrongful death. You must prove that you had a doctor-patient relationship, that the doctor acted negligently by breaching the accepted standard of care, and that their actions or inaction was the direct cause of your injuries, which caused you compensable damages.

Q: What Are the Red Flags for Medical Malpractice?

A: The red flags for medical malpractice include unexpected, severe, or worsening medical conditions; lack of clear communication from doctors and other providers; dismissive attitudes; lack of informed consent; and premature discharge. Medication mistakes and surgical errors are common forms of medical malpractice. Your Toledo medical malpractice attorney can help you gather evidence of your provider’s negligence and its impact on your life.

Q: What Is the Top Reason to File a Claim for Medical Malpractice?

A: The top reason to file a claim for medical malpractice is diagnostic error. This term encompasses not just failure to diagnose but also delayed diagnosis and incorrect diagnosis. Other claims stem from surgical errors, treatment complications, and improper medication management. Poor communication on the part of the doctor can also fuel a patient’s desire to file a medical malpractice claim in the presence of negligent behavior.

Q: Is It Worth Filing a Medical Malpractice Claim?

A: It is worth filing a medical malpractice claim if you can prove that a doctor or another healthcare provider failed to uphold the accepted standard of care and that led directly to personal injuries or a wrongful death. Medical malpractice cases can be difficult to file successfully, as Ohio has laws in place to protect doctors against many types of medical malpractice cases. You need to work with a skilled medical malpractice attorney.

Q: At What Stage Do Most Medical Malpractice Cases Settle?

A: Most medical malpractice cases settle before the trial begins, but after the discovery process closes. This typically occurs within one to two years of your initial claim filing. The negotiation time preceding a trial gives both sides the time to evaluate evidence and witness testimonies, determine the strengths and weaknesses of the claim, and come to an agreement about a fair settlement amount.

Your Toledo Medical Malpractice Lawyer

If you plan to file a medical malpractice claim, you need the help of an experienced Toledo medical malpractice lawyer. That’s just what you’ll find at Spangenberg Shibley & Liber. Our practice has been open since 1946. In our decades of practice, we’ve seen all kinds of personal injury claims, including many medical malpractice cases, sometimes worth millions of dollars.

We recently helped one client receive an $8.5 million settlement for a delay in evaluating a spinal hematoma that resulted in quadriplegia. Another verdict in a recent medical malpractice case awarded the surviving family members of a woman who died of pneumonia less than 24 hours after being discharged from the emergency room $6.5 million. * However, past results do not guarantee a similar outcome. Every case is different and must be evaluated on its own merits.

If you’ve suffered extreme harm, you may also be entitled to serious compensation. Contact us to learn about your next steps today.

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