Pursuing a medical malpractice claim is never a simple matter. These cases involve complex medical and legal issues that require extensive investigation, expert testimony, and a deep understanding of both medicine and the law. The stakes are high, and healthcare providers often have experienced legal teams and insurance companies defending them aggressively.
That’s why a Cincinnati medical malpractice attorney is vital to protecting your rights and securing the compensation you deserve. At Monge & Associates, we have successfully represented countless clients in complex medical malpractice cases, holding negligent healthcare providers accountable and helping families rebuild their lives after preventable medical injuries. Contact us today and learn how we can fight for you.
Our Cincinnati, Ohio injury lawyers work with top medical experts to build strong cases, expose provider negligence, and fight for the full compensation you need to recover.
No Cost Consultations
Experienced Cincinnati Medical Malpractice Attorneys
Over $1B+ Recovered For Our Clients
What Is Medical Malpractice?
While medicine isn’t perfect, patients have the right to expect their doctors, nurses, and other healthcare providers to meet certain professional standards. Medical malpractice occurs when a healthcare professional fails to provide treatment that meets the accepted standard of care, resulting in injury or death to the patient.
The standard of care refers to the level of competence and attention that a reasonably skilled healthcare professional in the same field would provide under similar circumstances. This standard applies to all healthcare providers, including doctors, nurses, hospitals, specialists, and other medical professionals.
Common Types of Medical Malpractice Cases
Medical malpractice can take many forms. At Monge & Associates, we have experience representing clients in a wide range of malpractice claims, including cases that involve:
- Misdiagnosis or delayed diagnosis
- Surgical errors
- Anesthesia complications
- Medication or prescription errors
- Birth injuries
- Emergency room negligence
- Failure to monitor or follow up
Who Can Be Held Liable?
Any healthcare provider who treats a patient in a professional capacity may be liable for medical malpractice. Doctors and surgeons are most commonly associated with malpractice claims, but liability can also include nurses and support staff who failed to follow protocols or provide adequate care. Hospitals and private clinics may be held responsible for institutional negligence or inadequate staffing. Additionally, pharmacists and pharmacies can face liability for medication errors, and diagnostic imaging centers and laboratories may be responsible for misread results or faulty testing procedures.
How to Prove a Medical Malpractice Case in Ohio
To prove medical malpractice in Ohio, you must establish four key elements:
- Duty: The healthcare provider owed you a professional duty of care.
- Breach: The provider failed to meet the accepted standard of care.
- Causation: This breach directly caused your injury or harm.
- Damages: You suffered damages as a result of the negligence.
Expert medical testimony is typically required to establish that the standard of care was breached and that this breach caused your injuries. These experts must be qualified in the same medical specialty as the defendant and able to explain complex medical concepts to a jury. Your medical records will also serve as important evidence; these documents provide the foundation for understanding what happened and identifying where things went wrong.
Ohio Medical Malpractice Laws You Should Know
Ohio enforces several important laws that govern medical malpractice claims. For example, the statute of limitations is one year from when you discovered or reasonably should have discovered the malpractice occurred. Essentially, you only have one year to file your case, or the court will dismiss your case. This short timeframe makes it critical to act quickly if you suspect negligence.
Before filing a lawsuit, Ohio requires you to provide an Affidavit of Merit: a sworn statement from a qualified medical expert. This expert will review your case and explain how the healthcare provider breached the standard of care and caused your injury.
Compensation in Medical Malpractice Claims
Successful medical malpractice claims can provide compensation for both economic and non-economic damages. Economic damages include past and future medical bills related to treating your injury, as well as lost wages and diminished future earning capacity.
Non-economic damages compensate for pain and suffering, including chronic pain, permanent disability, depression and anxiety, loss of enjoyment of life, and mental anguish. In cases involving gross negligence or intentional misconduct, courts may also award punitive damages.
Why Choose Monge & Associates as Your Medical Malpractice Law Firm
At Monge & Associates, we have built our reputation on success. We have recovered millions of dollars in settlements and jury verdicts for injured people nationwide. Our extensive experience with complex medical claims and hospital litigation gives us the knowledge and resources necessary to take on powerful healthcare institutions and their insurance companies.
We maintain access to a nationwide network of medical experts who can provide the specialized knowledge required to prove your case. Our contingency fee model means you pay no attorney fees unless we win your case, removing any financial barriers that may stand in your way.
Steps to Take If You Suspect Medical Malpractice
If you have been the victim of medical malpractice, taking immediate action can strengthen your potential case. Seek a second opinion from another qualified doctor to evaluate your condition and treatment. Request copies of all your medical records—you have the legal right to these documents. Avoid signing any settlements or release forms from the hospital or healthcare provider without legal counsel. Most importantly, contact a Cincinnati medical malpractice lawyer immediately to discuss your case.
Frequently Asked Questions about Medical Malpractice Claims
What qualifies as medical malpractice in Ohio?
Medical malpractice occurs when a healthcare provider fails to meet the accepted standard of care, resulting in patient injury or death.
Can I sue if a loved one died due to a doctor’s mistake?
Yes, you may be able to file a wrongful death claim if medical negligence caused your loved one’s death. Ohio law allows the personal representative of the deceased’s estate to file.
How much does it cost to hire a malpractice attorney?
At Monge & Associates, we work on a contingency fee basis, meaning you pay no attorney fees unless we successfully recover compensation for your case.
What happens if the hospital denies any wrongdoing?
Healthcare providers and hospitals routinely deny liability. Having an attorney who can investigate your case and present compelling evidence is essential to overcoming these denials.
How long will the case take to resolve?
Medical malpractice cases typically take one year or longer to resolve, depending on the complexity of the case and whether it settles or goes to trial.
Contact Monge & Associates – Cincinnati’s Trusted Medical Malpractice Attorneys
If you or a loved one has been the victim of medical malpractice, don’t wait to seek legal help. Ohio’s statute of limitations gives you a limited time to file a claim. Schedule a free consultation with our Cincinnati medical malpractice attorneys today by calling (513) 224-5591. We will fight for your rights and help you secure the compensation you deserve.