Fremont Medical Malpractice Lawyer

Medical malpractice is one of the most troubling experiences that a person can undergo.

Whenever someone visits a medical professional, they expect that they will be treated with appropriate care and compassion. In fact, all practitioners have a professional duty to ensure that their treatments meet a minimal standard of quality.

Unfortunately, due to human error, fatigue, or simple carelessness, patients can become injured or even killed due to medical malpractice.

Fremont medical malpractice lawyers represent individuals and their families when doctors, dentists, or hospitals violate their responsibilities to protect them. If you have suffered complications due to an individual’s negligence, let a compassionate personal injury attorney advocate for you.

Where to Start

Medical malpractice can occur in many forms—surgical errors, misdiagnosis, delayed treatment, medication mistakes, or birth injuries—and often leads to serious physical, emotional, and financial harm. Navigating Ohio’s complex malpractice laws, including strict filing deadlines and expert witness requirements, can be overwhelming without experienced legal support. A Fremont medical malpractice attorney can investigate your claim, gather medical evidence, consult with professionals, and advocate for your rights at every stage of the legal process. Whether negotiating a settlement or going to trial, your attorney’s goal is to hold negligent parties accountable and help you recover damages for medical costs, lost wages, and pain and suffering.

When Does Poor Care Become Malpractice?

All medical practitioners undergo substantial schooling and training to learn to heal the human body. In order to practice medicine in the State of Ohio, they must be properly licensed. Still, the day to day grind of the profession creates great mental strain and pressure on all medical personnel. Mistakes are bound to happen, but when do these mistakes rise to the level of malpractice?

Ohio’s Supreme Court ruled in Bruni v. Tatsumi, 46 Ohio St. 2d 127 (1976), that a medical practitioner is required to perform their duties to the average degree of skill, care, and diligence considering the particular patient in similar circumstances. In other words, that mistakes were made that a doctor of average skill should not have made.

How do we prove this? Ohio law also states that any claim of medical malpractice must be accompanied by an expert witness’ affidavit that the plaintiff’s claim has merit. According to Ohio Rule of Civil Procedure 10(D)(2), this affidavit must confirm that an expert witness has reviewed the medical records, is familiar with the definition of malpractice, and that the defendant doctor’s treatment met this definition.

Indeed, all claims of medical malpractice require an expert to testify in court concerning the science behind the injury. In all but the simplest cases of malpractice, the reasons why the care was inappropriate must be explained to the jury by an expert in the field of medicine.

A Fremont medical malpractice lawyer should be aware of the requirements needed to file successful medical malpractice claims and work with practitioners throughout Ohio to evaluate and pursue cases.

How Can Malpractice Happen?

Any time that a person visits a medical provider, there is the chance of malpractice. Even a visit for a routine check-up can result in poor medical treatment that breaches the standard of care owed by all practitioners to their patients. Common examples of malpractice include:

• Late or incorrect diagnoses
• Poorly performed procedures and surgeries
• Administering the wrong dosage of medication
• Administering medication despite a stated allergy
• Performing procedures not accepted as good medicine
• Leaving surgical tools inside the body

Some of these examples, such as leaving tools inside the body are obvious examples of malpractice. Others, such as misdiagnoses or botched surgeries, require the testimony of a medical expert to fully understand. This expert can explain why the choices made were poor and what alternatives would have been better under the circumstances.

Understanding the Medical Malpractice Statute of Limitations

One of the most critical aspects of any medical malpractice case is ensuring that your claim is filed within the legal timeframe. In Ohio, like in many states, there are strict time limits known as the statute of limitations that determine how long you have to file a medical malpractice lawsuit. If you miss this deadline, you may forfeit your right to pursue compensation, regardless of the severity of your injuries.

In Ohio, you generally have one year to file a medical‑malpractice lawsuit, counted from the date you discovered—or reasonably should have discovered—the injury caused by the healthcare provider’s negligence. This rule is set out in Ohio Revised Code § 2305.113(A).

A few nuances to keep in mind:

• Statute of repose (four‑year cap): No medical‑malpractice claim may be filed more than four years after the allegedly negligent act or omission, even if you did not discover the injury until later. (ORC § 2305.113(C)) 
• 180‑day “letter” extension: Before the one‑year period expires, you may serve a written notice of intent to sue on the prospective defendants; doing so automatically adds 180 days to your filing deadline. (ORC § 2305.113(B)(1)) 
• Foreign objects rule: If a surgeon leaves a foreign object in your body, you have one year from the date you discover (or should have discovered) the object to sue, even if that discovery occurs after the four‑year repose period—so long as you file within eight years of the procedure. (ORC § 2305.113(C)(3)) 
• Minors: Special tolling rules apply for patients who are under 18 or legally incompetent when the claim arises. (ORC § 2305.16) 

Because figuring out when the “clock” starts can be tricky—especially with injuries that surface months or years later—speak with an Ohio medical‑malpractice attorney as soon as you suspect something is wrong. Missing these statutory deadlines almost always means losing the right to recover damages.

In certain cases, the statute of limitations may be tolled, or extended. This could happen in cases where the patient was a minor at the time of the malpractice, or when a healthcare provider actively concealed the error. However, this doesn’t apply in all situations, so it’s crucial to speak with an experienced medical malpractice attorney  as soon as possible to ensure that your claim is filed on time.

If you suspect that you or a loved one has been a victim of medical malpractice, it’s essential to act quickly. A qualified Fremont attorney can help you understand when the clock starts ticking and assist you in gathering the evidence necessary to support your medical malpractice claim before time runs out.

Types of Damages Available in Medical Malpractice Cases

If you have been injured due to medical malpractice, you may be entitled to various types of damages to compensate for your injuries and losses. The damages available in medical malpractice cases generally fall into two categories: economic damages and non-economic damages. In some cases, punitive damages may also be awarded.

Economic Damages

Economic damages are designed to compensate you for tangible, measurable losses. You may be entitled to compensation for past, current, and future medical expenses related to your injury. This can include hospital bills, doctor’s visits, surgeries, medications, physical therapy, and other medical costs. If your injury has caused you to miss work, you may be able to recover the wages you have lost. This can also include lost earning capacity if the injury prevents you from returning to your previous job or career. If your injury requires ongoing rehabilitation or therapy, you can seek damages to cover these expenses.

Non-Economic Damages

Non-economic damages are more difficult to quantify, but they are equally important in compensating you for the impact of the injury on your quality of life. You may be entitled to compensation for the physical pain and emotional distress caused by the medical malpractice. This includes both the immediate pain as well as any long-term suffering resulting from permanent injury or disability. In addition to physical pain, medical malpractice can cause significant emotional trauma, including anxiety, depression, and post-traumatic stress disorder (PTSD). These emotional effects can also be considered in calculating non-economic damages. If the malpractice injury prevents you from participating in activities you once enjoyed—whether it’s sports, hobbies, or simply spending time with family—you may be entitled to compensation for this loss.

Punitive Damages

In rare cases, punitive damages may be awarded. These damages are intended to punish the defendant for particularly egregious or reckless conduct and to deter others from engaging in similar behavior. For punitive damages to be awarded in a medical malpractice case, the defendant’s actions must have been especially malicious, fraudulent, or grossly negligent. Punitive damages are typically in addition to any economic or non-economic damages that you may be awarded.

An experienced medical malpractice lawyer in Fremont can help you determine the types of damages you may be entitled to and ensure that your case is presented in the best possible light to maximize your compensation.

Birth Injuries: A Heartbreaking Form of Medical Malpractice

One of the most devastating forms of medical malpractice involves birth injuries. These injuries occur when a healthcare provider’s negligence during labor and delivery causes harm to the newborn or the mother. Birth injuries can have life-altering consequences for both the child and the family. Common causes of birth injuries include:

• Failure to monitor the baby’s oxygen levels: If the baby’s oxygen supply is cut off during labor, it can lead to brain damage, developmental delays, or cerebral palsy.
• Improper use of forceps or vacuum extraction: If these tools are used incorrectly during delivery, they can cause serious injuries to the baby’s head or neck, including fractures, nerve damage, or brain injury.
• Failure to respond to fetal distress: When signs of fetal distress arise, such as abnormal heart rate, the medical team must respond quickly to prevent injury to the baby. Delayed intervention can result in birth asphyxia, brain injury, or other complications.
• Delayed or improper C-section: In some cases, a C-section may be necessary to prevent complications during labor. If a healthcare provider fails to perform a timely C-section when required, the baby could suffer from oxygen deprivation or trauma during delivery.

Birth injuries can lead to lifelong conditions, including cerebral palsy, brachial plexus injury, Erb’s palsy, and hypoxic-ischemic encephalopathy. These conditions may require extensive medical treatment, therapy, and special care, leading to significant financial and emotional strain on the family.

If your child has suffered a birth injury due to medical malpractice, it’s essential to contact a Fremont lawyer as soon as possible. Birth injury cases are complex, and proving medical negligence requires detailed medical evidence, expert testimony, and a deep understanding of obstetrical practices. A skilled medical malpractice attorney can investigate the circumstances surrounding the birth, gather the necessary evidence, and fight for your family’s rights.

Understanding Your Rights in a Medical Malpractice Case

Victims of medical malpractice often feel powerless—but you have legal rights and options that a Fremont attorney can detail for you. State law allows patients harmed by negligent medical care to seek compensation for both economic and non-economic damages. This includes medical expenses, lost income, and pain and suffering. However, strict statutes of limitation apply, and expert testimony is typically required to prove that a healthcare provider failed to meet the accepted standard of care. A medical malpractice attorney can help you understand your rights, evaluate your case, and take timely legal action. Whether you’re dealing with a hospital error, a misdiagnosis, or a preventable birth injury, the right attorney will fight to ensure your voice is heard and that you receive the compensation you’re entitled to.

Speaking With a Fremont Medical Malpractice Attorney

Ohio makes it difficult for people to pursue medical malpractice claims. Rules concerning proper filing requirements make it necessary to enlist the aid of a medical expert before the claim can even enter a courtroom. In addition, there is a strict statute of limitations that keeps claims older than one year from being heard. For these reasons, it is essential to hire a Fremont medical malpractice lawyer.

Fremont medical malpractice attorneys could work with established medical experts to pursue claims of malpractice across Ohio. They may examine each case in detail to determine how the level of care provided by the practitioner caused your injuries and how it fell below the acceptable standard of care.

Preparing these cases is a complex and time-consuming process so do not delay, contact an attorney today.