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Frequently Asked Questions on Medical Malpractice Cases
Experienced Columbus, Ohio lawyers answer your questions
Injuries caused by medical negligence are often devastating. You may have questions about your own or your family member's medical malpractice case. While we at the Donahey Law Firm in Columbus are prepared to address your concerns directly, we understand that you may want to obtain information on your own.
Please find below some common questions involving medical malpractice cases. For additional information or to schedule a free initial consultation to discuss your case with an attorney, call 1-866-949-8069 or contact the Donahey Law Firm online.
- What is medical malpractice?
- How long do I have to bring suit?
- Is medical negligence common?
- Do your firm's successes mean you will win my case?
- How do I prove my case?
- How long will my case take?
- How will I pay for your time and expenses?
- What expenses are involved?
What is medical malpractice?
Medical malpractice or professional negligence is the failure of a doctor, hospital, nurse, technician, pharmacist or other health care provider to uphold good and accepted medical techniques or principles. In other words, they provide substandard care. Failure to provide at least average, standard care is substandard care, and if it results in injury or death to the patient, it is considered malpractice. To find out if you have grounds for a lawsuit, contact the Donahey Law Firm today.
Learn more about medical malpractice.
How long do I have to bring suit?
In Ohio, most medical malpractice claims must be filed within one year of the injury, when the injury was discovered, or when the injury reasonably should have been discovered. Still, exceptions apply. It is critical to present your medical negligence case to an experienced malpractice lawyer who can carefully analyze all the facts of the case to determine when the time will most likely run out in your case.
Because it often takes time to obtain all the pertinent medical records and it takes time to have expert physicians review the records and give their opinions, it is always wise to consult experienced malpractice counsel as soon as possible. Contact the Donahey Law Firm today to schedule your risk-free consultation.
Is medical negligence common?
Yes, more than you know. The Institute of Medicine of the National Academy of Sciences estimates there are up to 98,000 deaths a year from malpractice in hospitals alone, plus the hundreds of thousands of malpractice deaths outside hospitals, in addition to the hundreds of thousands of injuries from malpractice per year in the United States.
But only a tiny percentage of malpractice victims or their survivors ever make a claim or file a lawsuit for the injuries or deaths. Begin your claim today by calling the Donahey Law Firm in Columbus at 1-866-949-8069 today.
Do your firm's successes mean you will win my case?
Nothing is guaranteed in life or in malpractice litigation. To assure as best we can that the case will be successful for our client and the law firm, we investigate the case thoroughly before agreeing to proceed with it to claim and suit. We never, ever knowingly take so-called "frivolous" cases or "junk" cases. The case has to be solid and substantial if the client is to receive financial recovery and the law firm is to be compensated for our expenditure of work and expenses we need to advance to prepare and prosecute the case. The bottom line is we do everything we can to make the case successful.
How do I prove my case?
A plaintiff in a medical negligence case must establish through evidence that:
- The plaintiff was entitled to a reasonable standard of care
- The defendant was negligent (rendered substandard care)
- The negligence was a proximate cause of injuries
- The plaintiff suffered damages as a result
All four elements must be proven.
Expert testimony is almost always required to prove negligence and causation of damages. Licensed physicians who are familiar with the standard of accepted medical care for the medical specialty involved are required as witnesses to prove the case. The experts must establish the standards owed, how the defendant violated these standards, and the extent of damage caused by the substandard care.
How long will my case take?
It depends. Usually it takes several months to gather all the necessary medical records and obtain expert opinions from specialists willing to testify under oath. Then, if the extent of the injuries is fairly obvious, at that point, notice of claim must be given.
If there is no prompt settlement, the court gives a scheduling order and discovery begins. This means the plaintiff and defendant provide documents to one another, answer written interrogatories under oath and take depositions — oral questioning under oath of parties, fact witnesses and expert witnesses by the lawyers before a court reporter. The Donahey Law Firm attorneys attempt to settle the case to save time and money for our clients. If not settled, a pretrial hearing before the judge is held and then the case goes to trial. Either side can file post-trial motions to seek a different result than the jury's verdict, and either side can file an appeal to a higher court.
Our experience is that if the case does not settle before suit, it will likely take about 18 months to two years from the time the lawsuit is filed until trial. Most of our cases usually settle before going to trial. Contact the firm for information on your specific case.
How will I pay for your time and expenses?
The Donahey Law Firm handles medical malpractice cases and personal injury cases on a contingency fee basis. We do not expect the client to pay any of the expenses of developing the case until a recovery is made. Expenses are reimbursed from the settlement. Our firm receives a percentage of the financial recovery made by the client as a result of the prosecution of the case. In the event no recovery is realized, we do not expect the client to repay the out-of-pocket costs for developing the case. We can tell you we never have and never intend to sue the client for costs in such circumstances.
What expenses are involved?
The process of a malpractice case is expensive. Our attorneys must obtain all the medical records and hire experts. We must conduct depositions, usually across the country, with substantial court reporter fees required. We must dedicate time with our paid experts to creating strategies and preparing for court. The investment also includes costs for exhibits and technology to fully demonstrate our clients' devastating injuries.
