Medical malpractice occurs when a physician, hospital, or other medical professional has failed to provide medical care that meets the minimum required standard of care. You as a patient have the right to expect adequate service from your health care professional. The consequences of medical malpractice can be devastating.
According to a Harvard Medical Study, nearly 100,000 people die each year due to medical negligence and malpractice and many more are injured. When medical malpractice occurs, the patient often sustains injuries that are permanent and deadly.
Medical malpractice often occurs in specialized fields of medicine such as obstetrics-gynecology, neurosurgery, emergency medicine and orthopedics but may happen in any area of medicine.
Additionally, injuries sustained by a patient in a hospital or nursing Home due to poor care rendered by the staff is a medical negligence claim and must meet the requirements necessary to file a medical negligence claim.
Medical malpractice cases are very difficult and expensive. If you or a loved one believes you have suffered from medical malpractice, you should contact an attorney as soon as possible because the attorney, in most cases will need to review all of the patients medical records and consult with a physician to see if the medical professional you believe committed malpractice did in fact fall below the standard of care. This process can take several weeks.
Past, Present and Future medical bills and care
Pain and suffering
Loss of society and consortium
Harm to one’s reputation
For Gross Negligence, one may be able to recover Punitive Damages in order to punish the defendant for their agregiuos actions
Medical malpractice cases, like all other personal injury claims, are subject to a Statute of Limitations. This limits the time a person has to file a complaint and varies depending on the type of case. In Kentucky, the time limit to file a medical malpractice lawsuit is usually one year from the date of the injury, though this time limit can vary depending on the specific circumstances of your case.
In Ohio, a medical malpractice action must be commenced within one year after the alleged malpractice occurred. A cause of action for medical malpractice accrues when the claimant discovers or in the exercise of reasonable care and diligence, should have discovered the resulting injury, or when the physician-patient relationship for that condition terminates, whichever occurs later. If a medical malpractice claimant gives written notice to the prospective defendant within the one-year limitation period, the claimant may bring an action at any time within 180 days of that notice. This is commonly referred to as a 180 day letter. Please be aware that this letter must be prepared correctly or there is a risk that the case will be dismissed.
Contact Milton S. Goff for a Case Consultation
The information contained in these web pages are for general informational purposes only and do not constitute legal advice or a contractual agreement to represent any potential client. The information represents the most current trends in the law and may change at any given period of time. To assure the most accurate information is obtained you should contact an attorney.
For most personal injury cases, there is NO FEE unless we receive a recovery through settlement or a Plaintiff's verdict.
(ALTHOUGH COURT COSTS AND CASE EXPENSES MAY BE FRONTED, THEY WILL BE THE RESPONSIBILITY OF THE CLIENT)