Most people don’t know how to get their lives back on track after suffering an injury due to medical negligence. Our mission is to create individualized plans to help our clients get back to health faster, pay their bills, and live the lives they want.
Medical malpractice is one subject receiving plenty of attention from state and federal lawmakers today. Unfortunately, most of that attention is going in favor of the medical establishment, and against those who’ve suffered serious physical harm and wrongful death as a result of poor and incompetent care from medical professionals.
Fueled by the intense and relentless lobbying efforts of insurance companies, legislative agendas designed to limit the liability doctors, nurses, surgeons, and other medical professionals face in cases of medical negligence have been gaining substantial ground during the past ten years. Today, the medical establishment is pushing harder than ever before to make issues like patients’ rights and legal recourse for medical malpractice victims a distant memory. Luckily, a Toledo medical malpractice lawyer is available to fight for those injured and hold the negligent parties responsible. To get started with your claim, consult with a trusted injury attorney today.
Filing a Malpractice Claim
With the rights of medical malpractice victims so clearly under siege, even attorneys are limiting their involvement in medical malpractice cases. Many have closed their doors altogether to medical malpractice victims, refusing to take on their cases and discouraging those who seek quality legal representation for their injuries. Whether they know it or not, by doing this, attorneys are contributing to the total victory the medical establishment and their insurance companies are striving for – a “proceed at your own risk” approach to seeking medical care, where responsibility for medical errors is a burden borne solely by the victim–and in most cases, a burden they’ll live with the rest of their lives.
Don’t let insurance companies or healthcare providers discourage you from seeking justice. Contact Charles E. Boyk Law Offices today for a free consultation. There is no fee unless we win your case.
Steps To Take When Injured
Toledo medical malpractice attorney Chuck Boyk believes this is a raw deal for patients, who have no influence or control over how a medical professional performs. Chuck Boyk will always be here to support the rights of Ohioans injured through medical malpractice. He is an experienced medical malpractice attorney and can quickly help clients determine whether someone has been injured as a result of negligence or misconduct of individuals in the dental, medical, podiatry, psychiatry, or other professional health care fields. A death or injury caused by the failure to follow reasonably appropriate or common standards of care or the failure to diagnose a detectable illness may be considered malpractice.
Chuck Boyk regularly represents individuals who have died or suffered extensive injuries resulting from the negligence of a hospital, physician, nurse practitioner, or other health care provider. We’ve helped clients pursue just compensation for a medical professional’s failure to diagnose an illness; anesthesia errors; failure to prevent infection; leaving a medical device implanted after surgery; surgery without informed consent; certain birth injuries and cerebral palsy; late diagnosis resulting in a diminished chance of survival; misdiagnosis of a condition, and even wrongful death.
Catastrophic results can and do arise from a medical provider’s failure to:
- Adequately treat an emergency room patient
- Diagnose diseases such as cancer
- Recognize conditions that result in injury to an unborn baby
- Order a biopsy or other exam
- Monitor changes in patient’s condition
- Order necessary lab tests
- Order appropriate radiographic tests
- Adhere to proper standards during surgery
- Prescribe appropriate medication
These devastating outcomes not only affect the patient but also place emotional and financial burdens on their families. Holding negligent healthcare providers accountable through legal action can help victims secure compensation for medical expenses, lost income, pain and suffering, and long-term care needs.
How Much Is Medical Malpractice Compensation?
When you experience harm due to medical malpractice, you may be entitled to compensation for the damages you have suffered. This might include reimbursement for medical expenses, lost wages, diminished earning capacity, rehabilitation costs, and emotional distress. In cases involving severe or permanent injuries, compensation may also cover ongoing medical treatments, assistive care, and home modifications necessary for daily living. It is important to note that compensation in medical malpractice cases can vary based on the specifics of the case, such as the severity of the injury, the level of negligence involved, and its long-term impact on your quality of life. Additionally, some states impose caps on certain types of damages, which may influence the final settlement or court award. A medical negligence lawyer in Toledo can help you gather crucial evidence, including medical records, expert testimony, and witness statements, to build a compelling case on your behalf. They can also negotiate with insurance companies and represent you in court to ensure you receive fair compensation for your suffering and losses.
Wondering what your medical malpractice case may be worth? Call Charles E. Boyk Law Offices today for a free consultation. There is no fee unless we win your case.
Proving Malpractice Occurred
To succeed in a medical malpractice case, several factors must be proven. You must demonstrate that the health care provider was negligent in their duty to provide care, that their negligence caused harm, and that the harm resulted in damages. This process can be complex, but a Toledo attorney who is well-versed in the area of medical malpractice can help you with the following:
- Establishing a doctor-patient relationship—this establishes that they had a duty of care to you
- Proving negligence—this shows that the healthcare provider failed to meet the standard of care expected of them
- Causation—this proves that the health care provider’s actions directly caused the harm or injury you suffered
- Damages—this step demonstrates that your injury resulted in medical expenses, lost wages, emotional distress, or other damages
Expert witnesses, including doctors and medical professionals, are often used in these cases to explain how the healthcare provider’s actions deviated from the accepted standards and caused harm. Your lawyer will guide you through this process to ensure you have the best chance of success.
How Long Does a Medical Malpractice Case Last?
Medical malpractice cases can vary in duration, depending on the complexity of the case, the availability of evidence, and whether or not the case goes to trial. On average, a medical malpractice case can take anywhere from several months to a few years to resolve. It typically starts with an investigation to gather different types of evidence to determine if the malpractice occurred. Afterward, the case may either be settled through out-of-court negotiations—sometimes the quicker option—or go to trial.
Throughout this process, your medical negligence lawyer in Toledo will work hard to ensure that your rights are protected and that you are kept informed about the status of your case.
The sooner you speak with an attorney, the sooner you can protect your rights and begin building your case. Call Charles E. Boyk Law Offices today for a free consultation. There is no fee unless we win your case.
Examples Of Notable Medical Malpractice Case Results Our Firm Has Secured
Words can only say so much — results speak louder. At Charles E. Boyk Law Offices, we have fought hard for clients who were let down by the very medical professionals they trusted with their lives. Here are two examples of that work.
$535,000 Settlement For Failure to Diagnose a Heart Attack
Our client’s spouse had been seeing the same primary care physician for years. When shortness of breath appeared while climbing a staircase (along with other troubling health indicators), they went in for an appointment expecting guidance. Instead, the physician sent them home with no referral, no further testing, and no emergency room transfer. Six hours later, our client’s spouse died of a heart attack.
Our client was left to grieve a future they had planned together. Their spouse had just retired, and they were finally getting to enjoy life side by side. We brought in medical experts across multiple states who confirmed that the physician’s decisions fell far short of what the situation demanded. With strong expert testimony and focused negotiation, we reached a $535,000 settlement for our client.
$170,000 Settlement For Botched Surgeries Following a Nose Injury
During a blindfolded youth group activity at a church event, our client—a minor—walked into a steel pole and suffered serious injuries to their nose. The injury itself was devastating enough, but what came next made it worse. The treating doctors repeatedly failed to address the damage properly, refused to pursue reconstructive options, and left our client unable to breathe normally, unable to play sports, and struggling with daily life for years.
When a rhinoplasty was finally performed, that surgery failed too, causing the nose to collapse entirely. We built a case around the full picture of medical failure, working with outside experts and advocating hard for our client every step of the way. The result was a $170,000 settlement and a genuine path forward to recovery.
Hire a Toledo Medical Malpractice Attorney
Not every bad medical result means someone was negligent, but whenever an unforeseen injury, illness or condition results from a visit to a doctor’s office or hospital, a Toledo medical malpractice lawyer should be consulted. Chuck Boyk’s experience has made him highly adept at analyzing medical malpractice cases, simplifying complex medical matters, and identifying and aggressively pursuing legal remedies still available to Ohioans in Toledo. Call today to learn more.
Answers To Frequently Asked Questions About Medical Malpractice in Toledo
Medical malpractice is a very complex area of law, and it is natural to be filled with questions after a devastating medical outcome. Below, we address some of the most common questions asked by others who have been in situations like the one you are now facing.
Can I still file a medical malpractice claim if some time has passed since my injury?
Ohio law sets a tight window for medical malpractice claims, so timing matters. The general rule is that you have one year from the point you knew—or had reason to know—that a medical provider’s care caused you harm. A separate outer boundary also exists, meaning claims typically cannot be brought beyond four years from when the negligent act or omission occurred, regardless of when you found out. Certain situations, such as cases involving children, can affect these timelines. If you think you have a claim, don’t sit on it — reach out to us for a free and confidential consultation so we can review the specifics of your situation before any deadline passes.
How do I know whether what happened qualifies as malpractice?
This is one of the first questions we help people answer. The legal threshold isn’t about whether something went wrong—it’s about whether a provider made a choice that a competent professional in the same field would not have made, and whether that choice caused you harm. A bad outcome alone doesn’t always mean malpractice occurred, but when something feels off about the care you received, it’s worth a conversation with a lawyer who will listen to your story and give you a straight answer.
Does my doctor have to have done something intentional for it to be malpractice?
What matters is whether the care you received fell short of what the situation called for, not whether your provider meant to hurt you. Many medical malpractice cases involve doctors or nurses who made careless decisions, missed something they should have caught, or simply didn’t act when action was needed. That kind of failure, when it causes real harm, can be the basis of a valid claim.
What does it cost to work with Charles E. Boyk Law Offices on a malpractice case?
Nothing out of pocket, ever. Our No Fee Promise means we only get paid if you do—we take our fee from the settlement we win for you, and only then. Your consultation is free and confidential, so you can pick up the phone or reach out online without any financial commitment on your part.
Is it likely my med mal case will end up in court?
The majority of medical malpractice cases settle before a trial date is ever set. That said, getting to a strong settlement requires building a case that would hold up in front of a jury, so we approach every case with the same level of preparation regardless of how we expect it to resolve. If the other side won’t offer what you deserve, we are ready to take it further.
What kinds of losses can I pursue compensation for?
If you have sustained damages and injuries because of a medical provider’s negligence, you may be able to pursue compensation for things like medical bills, future treatment costs, income you lost while unable to work, reduced ability to earn going forward, physical pain, emotional suffering, and any ongoing care or support you now need. In cases where a loved one died as a result of negligence, surviving family members may also have a wrongful death claim. Every situation is different, and we will take the time to understand yours fully.
What if the negligent provider works for a hospital—can the hospital be held responsible, too?
Often, the answer is yes. Healthcare institutions can bear legal responsibility for the conduct of their staff, and in some situations that extends to providers who aren’t direct employees. Identifying every party whose negligence contributed to your harm is part of what we do, because getting you full and fair compensation sometimes means looking beyond just one individual provider.
I was very please with Mr. Boyks work. His staff was incredible as well. 
