The Skolnick Weiser Law Firm Blog

Medical malpractice is a serious issue that can have devastating consequences for patients and their families. Recognizing the signs of medical malpractice is crucial to ensuring that victims receive the justice and compensation they deserve. At Skolnick Weiser Law Firm, we are committed to helping individuals in Ohio understand and navigate the complexities of medical malpractice cases.

Common Causes of Medical Malpractice

Medical malpractice occurs when a healthcare professional provides substandard care that results in harm to the patient. Understanding the common causes of medical malpractice can help you identify potential issues. Some of the most frequent causes include:

1. Misdiagnosis or Delayed Diagnosis

• Misdiagnosis: When a doctor incorrectly diagnoses a condition, leading to inappropriate or ineffective treatment.
• Delayed Diagnosis: When a diagnosis is significantly delayed, causing the condition to worsen due to lack of timely treatment.

2. Medication Errors

• Incorrect Prescription: Prescribing the wrong medication or dosage can lead to serious health complications.
• Administration Errors: Mistakes in administering medication, such as giving it to the wrong patient or incorrect method of delivery.

3. Surgical Errors

• Wrong Site Surgery: Performing surgery on the wrong body part.
• Surgical Instrument Errors: Leaving surgical instruments inside the patient’s body.
• Anesthesia Errors: Incorrect administration of anesthesia, leading to severe complications or death.

4. Birth Injuries

• Improper Use of Forceps or Vacuum Extractors: These can cause physical injuries to both mother and child.
• Failure to Perform Necessary C-Section: Delay or failure to perform a C-section when necessary can result in serious complications for the baby and mother.

5. Failure to Obtain Informed Consent

• Lack of Patient Knowledge: Not providing enough information about the risks, benefits, and alternatives of a treatment so the patient can make an informed decision.

Signs of Medical Malpractice

Recognizing the signs of medical malpractice can be challenging but is essential for protecting your health and legal rights. Here are some indicators to watch for:

1. Unexpected Complications

• If you experience complications that were not discussed as potential risks by your healthcare provider, it could be a sign of malpractice.

2. Inconsistent Explanations

• If the explanations for your medical condition or treatment keep changing, or if you receive different explanations from different healthcare providers, it might indicate a problem.

3. Lack of Improvement

• If your condition does not improve despite following your doctor’s treatment plan, or if it worsens unexpectedly, this might be due to inadequate or incorrect care.

4. Dismissive Attitude

• If your healthcare provider is dismissive of your concerns or symptoms, it may be a red flag. Effective communication and attention to patient concerns are critical components of proper medical care.

5. Evidence of Negligence

• If you notice clear mistakes, such as incorrect medication or errors in medical records, this can be direct evidence of malpractice.

Medical Malpractice in Ohio

Ohio has specific laws and statutes that govern medical malpractice claims. It’s important to be aware of these when considering legal action:

Statute of Limitations

In Ohio, the statute of limitations for filing a medical malpractice lawsuit is one year from the date the injury was discovered or should have been discovered. There is also a four-year statute of repose, which means that no malpractice lawsuit can be filed more than four years after the actual malpractice occurred, regardless of when it was discovered.

Damage Caps

Ohio imposes caps on non-economic damages in medical malpractice cases. Non-economic damages, such as pain and suffering, are limited to $250,000 or three times the economic damages, up to a maximum of $350,000 per plaintiff and $500,000 per occurrence.

Expert Testimony

To succeed in a medical malpractice case in Ohio, you will need expert testimony to establish that the healthcare provider’s actions deviated from the standard of care and directly caused harm.

Seeking Legal Help

If you suspect that you or a loved one has been a victim of medical malpractice, it’s important to seek legal counsel as soon as possible. At Skolnick Weiser Law Firm, our experienced medical malpractice attorneys are dedicated to helping clients understand their rights and pursue justice.

Contact Skolnick Weiser Law Firm today to schedule your consultation. Don’t let medical malpractice go unchecked—take the first step towards protecting your health and securing the compensation you deserve.

By understanding the signs and causes of medical malpractice, you can take proactive steps to protect yourself and your loved ones. Skolnick Weiser Law Firm is here to support you every step of the way.