Medical Malpractice Attorneys Serving All of Ohio
The Cincinnati medical malpractice lawyers at Burg Simpson have decades of experience helping victims of negligent doctors, nurses, and healthcare providers seek the compensation they need to heal. These complex cases can be incredibly difficult to win, requiring extensive investigations and a clear and compelling presentation of evidence. Our team of experienced Ohio medical malpractice attorneys has the resources, reputation, and resolve to establish liability, uncover evidence, and help you obtain justice for the harm you have suffered.
If you or a loved one has sustained an injury while under the care of a medical professional, Burg Simpson is here to help. Call us at 513-852-5600 or contact us online today to schedule a FREE and confidential consultation with one of our experienced attorneys. Located in Cincinnati, our medical malpractice lawyers serve clients living in Akron, Cleveland, Toledo, and throughout Ohio.
What Is Medical Malpractice?
Medical malpractice happens when a hospital, doctor, or other health care provider causes an injury to a patient through a negligent act or omission. This negligence may come in the form of:
- Errors in Diagnosis
- Treatment Errors
- Aftercare Mistakes
- Health Management Failures
These types of medical negligence can result in serious or even fatal harm to patients, cause increased financial strain, and lead to life-long difficulties, including physical pain and emotional distress. The Cincinnati medical malpractice lawyers at Burg Simpson are here to evaluate how your life has been impacted by healthcare negligence and to help you seek the fair and full compensation your injuries demand.
We Handle All Types of Medical Malpractice Claims
Our Ohio medical malpractice attorneys have extensive experience with a wide range of medical malpractice claims, including those involving:
- Anesthesia Errors. Mistakes in the administration of anesthesia can result in severe complications, including brain injury and death.
- Birth Injury. Mishandling the labor and delivery process can result in permanent injury for a child and place both emotional and financial burdens on a family.
- Emergency Room Errors. Inadequate treatment in the ER can allow symptoms to worsen or create additional complications, some of which can be fatal.
- Failure to Diagnose/Misdiagnosis. Delayed or incorrect diagnosis of serious illnesses and diseases can prevent timely treatment, potentially leading to fatal complications.
- Hospital Negligence. Inadequate staffing, poor training, insufficient hygiene protocols, and other types of hospital negligence can lead to sepsis, injury, or death.
- Medication Errors. Incorrect prescriptions, over- or under-dosage, improper administration, and failure to account for allergies can cause serious, perhaps irreversible harm.
- Radiology Errors. Misreading or failing to act on X-rays, MRIs, and CT scans can delay treatment or result in unnecessary, sometimes dangerous, procedures.
- Surgical Errors. Mistakes during surgery—including operating on the wrong part of the body and leaving instruments inside of the body—can cause lasting damage, permanent injury, and increased risks of death.
Medical errors have been called a “serious public health problem,” leading to 400,000 preventable injuries and just under 200,000 deaths annually. At Burg Simpson, our Cincinnati medical malpractice attorneys have seen the damage negligent healthcare professionals can cause. We are here to stand by your side, fight for your rights, and help you seek the compensation you deserve.
What Is Required to Prove Medical Malpractice?
Medical malpractice is a highly nuanced area of the law. In a medical malpractice lawsuit, the injured party bears the burden of proof, which means you must prove that:
- Your healthcare provider made a mistake during your care, AND
- This mistake caused or exacerbated your injury, or hampered your recovery, AND
- You suffered damages significant enough to justify the costs and time associated with litigation.
Establishing these facts may require exhaustive investigations, pouring over medical records, and working with expert witnesses to uncover information. As a national firm, Burg Simpson has abundant resources—including access to expert witnesses and experienced legal teams—who can help to identify malpractice and establish your right to seek compensation through legal action.
What Experts Are Needed for Your Medical Malpractice Case And Why?
Several medical and legal experts may be required to establish your medical malpractice claim in Ohio. These include:
Liability Experts
These experts describe how the doctor breached the standard of care. As a rule, the professional you are suing can only be evaluated by an expert in the same field with the same credentials. For example, if the physician is a surgeon, then the expert retained to evaluate his care must also be a board-certified general surgeon.
Causation Experts
Additional medical malpractice lawyers are typically required to discuss how the defendant’s actions caused the plaintiff’s injury. Consider the example of the defendant who is a family doctor who prescribed the wrong medication to a patient. The patient experienced an adverse reaction to the medication and suffered a stroke. The plaintiff may even need other specialists to explain other aspects of the causal link between the doctor’s mistake and the injury it caused.
Life Care Planner
One of the primary goals of a medical negligence lawsuit is to obtain compensation that will cover your future medical care. Although our medical malpractice attorneys can put a price on economic damages such as medical expenses, loss of wages, and the loss of the ability to work, if you suffer permanent injury, an expert called a life care planner will need to calculate the cost of providing the medical care and treatment you will need for the rest of your life.
Economist
An economist also calculates the value of past and future medical bills and lost wages. The economist takes the life care plan and calculates its net value— including inflation and interest. The life care planner and economist work together to create a picture of how much your claim is worth, in current dollars. However, neither of these experts adds any compensation for your pain and suffering.
What Is My Medical Malpractice Claim Worth?
Our team of medical malpractice lawyers and legal professionals will examine the details of your case to assess:
- The nature and extent of the injury and the treatment received
- The extent of liability of each party involved
- The potential economic loss you have suffered
- Future medical needs and expenses
The types of damages that can be recovered in a medical malpractice claim include:
- Economic Damages. These cover tangible losses, such as medical bills, rehabilitation costs, and lost wages.
- Noneconomic Damages. These cover intangible losses such as pain and suffering, emotional distress, and loss of enjoyment in life.
- Punitive Damages. When a defendant’s conduct is particularly egregious, punitive damages may be awarded as well.
During your FREE case review with a Cincinnati medical malpractice lawyer, we will carefully assess your current and projected economic damages and listen closely to how your injury has and may continue to impact your life to properly assess your non-economic damages as well. We are prepared to fight for every penny you are entitled to in our pursuit of justice. However, it is important to note that there are limitations to what we can seek.
Ohio Medical Malpractice Damage Caps
There is no cap on the amount of compensation you can seek for economic damages following medical malpractice in Ohio. However, noneconomic damages are capped at $250,000 or three times the economic damages, whichever is greater. The overall cap on noneconomic damages is $350,000 per plaintiff but can increase to $500,000 in cases of catastrophic injury (see Ohio Revised Code Section 2323.43).
At Burg Simpson, we help victims of medical malpractice seek compensation for both immediate and long-term concerns. During your FREE case review, we can help you determine what your claim may be worth.
What Does Subrogation Have to Do with Medical Malpractice?
Whatever health insurance coverage you have—whether private or public—there is a provision in your contract that essentially says: “We the insurer are going to pay for the medical care you receive. But, if you find out you need medical care as a result of an injury caused by someone else’s negligence, and we paid for that care, we want to be reimbursed if you receive money from a lawsuit against the person who caused your injury.” As such, a successful medical malpractice lawsuit will almost always lead to a “subrogation interest” or “subrogation lien.”
The Lien Process
- Health insurance carriers are identified from the information you provide, as well as from your medical records. Every insurer who paid claims or is listed in your records will be contacted and notified of your pending medical malpractice litigation.
- Each insurer will be required to provide a list of any claims related to your injuries that have been paid. Periodically throughout litigation, your insurers may provide updated listings of paid claims.
- When the case is nearing a resolution, the amount of your liens is considered as part of the settlement. This allows you to decide if the potential settlement offer is satisfactory.
- We will review the itemized list of paid claims and notify the insurer which claims were related to the injury that gave rise to your lawsuit. This enables us to deduct the claims not caused by malpractice.
- Additional discounts may then be negotiated for legal fees and associated costs that may already be deducted from your settlement.
- Once a final lien amount is reached, reflecting all discounts and adjustments that can be obtained for you, it will be paid from your settlement proceeds. This must occur before funds are disbursed to you. You may be able to receive some of your settlement money, but your lawyer will be required to hold back enough money to pay the liens or keep that money in a trust until the liens are resolved. After the liens have been satisfied, you will receive a refund/disbursement of the remaining amount.
At Burg Simpson, our Cincinnati medical malpractice lawyers understand the urgency of getting your settlement money quickly. We will do everything possible to hasten the lien process and make sure you get the funds you need to start your journey toward recovery.
How Long Do I Have to File a Medical Malpractice Claim in Ohio?
The statute of limitations for medical malpractice claims in Ohio is typically one year from the date the injury occurred (see Ohio Revised Code Section 2305.113). It is important to remember that, while the statute of limitations does set a time limit for filing a medical malpractice claim, there are some exceptions to the one-year rule. For example, if a foreign object is left inside the body—which is much more common than you may realize—the statute of limitations is increased to one year from the date the object was discovered. Exceptions also exist for minors and under various other circumstances, making it a good idea to talk to one of our Ohio medical malpractice lawyers even if you think the statute of limitations has expired.
Even though there are exceptions and it is always a good idea to talk to a lawyer to determine if you are entitled to file suit, it is preferable to take action as quickly as possible following an injury. Working within the statute of limitations for medical malpractice may help to preserve your rights and improve your options, giving you a better chance of securing the full compensation you deserve.
Contact Our Ohio Medical Malpractice Lawyers Today
Have you been injured by a negligent doctor, nurse, chiropractor, or another healthcare practitioner? A Cincinnati medical malpractice lawyer at Burg Simpson can help. Contact us online or call us at 513-852-5600 today to schedule a FREE case review and learn more.
Burg Simpson is a national law firm focusing on medical malpractice and other personal injury claims. We have secured a number of significant verdicts and settlements over our more than 45 years in practice. We apply our experience, client-focused representation, and tireless pursuit of justice to every case we take. We proudly serve clients living in Cincinnati, Columbus, Dayton, and throughout Ohio.
