When hospital management or individual medical staff fail to provide a sufficient level of care, victims may seek legal recourse and file suit against the negligent parties. Hospital negligence lawsuits improve the quality of healthcare by holding physicians and hospitals responsible when they fall below a professional standard of care.
Hospitals and medical staff, including nurses and doctors, are responsible for providing proper patient care. When management or individual staff fail to provide a sufficient level of care, victims may seek legal recourse and file lawsuits against the negligent parties.
Without medical negligence law, medical mistakes would go without consequence, patients would be uncompensated for their preventable injuries, and medical providers would have less incentive to improve hospital procedure to prevent future injuries.
Despite the reports discussed above, frivolous claims brought by medical malpractice lawyers and runaway juries have been blamed as causing a medical crisis. There is no medical malpractice crisis, it is simply propaganda created by the U.S. Chamber of Commerce and large insurance companies to pollute the American jury pool and change the law to be more favorable to them and adverse to the average American. And sadly, it has worked to some degree.
Currently, 90 percent of juries side with the physician over the patient at trial. As a result, insurance companies are bolder than ever and refuse at times to settle even the most meritorious of cases knowing that the chances of the patient finding a fair and impartial jury is extremely low, especially in more conservative parts of the country such as Hamilton County, Ohio.
Medical malpractice attorneys prosecute many different types of medical errors. Examples of the most common medical negligence include:
A Never Event is a preventable and unfortunate medical error that should never happen in an American hospital. But when a medical system is faulty due to poor management, unsafe protocol and negligent medical professionals, never events cause injuries to patients, leading to serious injury and deaths.
Many hospitals in Ohio and across the country take a proactive approach and attempt to resolve hospital negligence claims by approaching injured patients without legal counsel. They call this a “family meeting” presentation, and aim to deter people from filing a lawsuit.
We strongly advise patients not to engage in this type of settlement negotiations without an experienced lawyer present. Hospitals have lawyers specialized in medical negligence claims advising them, and it is only fair that the patient is afforded the same benefit of qualified counsel.
Settling hospital negligence cases without an attorney does not benefit the patient in most cases, but almost always benefits a negligent hospital.
There are numerous issues that need to be considered before settling a medical negligence case, and you should know what the fair value of the claim is before accepting any settlement.
If a hospital is approaching you or a family member about a settlement without a lawyer, contact The Lyon Firm.
The process for investigating medical malpractice claims and building a strong case involves some critical steps:
The Lyon Firm aggressively, professionally, and passionately advocates for injured individuals and families against hospitals due to medical negligence to obtain just compensation under the law.
(Cincinnati, Ohio): Confidential settlement for a family due to a wrongful death. An emergency room physician failed to recognize the common symptoms associated with bowel obstruction and prescribed a contraindicated medicine of GoLytley. The patient died at home the day of discharge after taking the medication. The case against the emergency room physician was resolved by settlement following extensive discovery. The settlement was paid to the spouse and surviving adult children for the loss of their mother. While no amount of money could bring back their mother, the case provided answers and held the hospital accountable.
(Cincinnati, Ohio): Joe Lyon was second chair in a case involving the failure of a physician to promptly communicate a positive breast cancer result to a patient. As a result of the delay, the cancer progressed from in situ carcinoma to stage 3B with lymph node involvement. The treatment required mastectomy and radiation/ chemotherapy rather than a simple excision. The case settled after extensive discovery. The defense argued: “the patient should have called the physician.”
The settlement provided recovery for suffering through a misdiagnosis and the loss of a spouse and a mother. While the settlement cannot bring this wonderful woman back, it helped her family move forward with life’s challenges and encouraged future accountability.
Failure to Diagnose Pseudo Tumor Cerebri
Confidential settlement on behalf of a minor female who suffered blindness due to a Diagnostic Error and treat pseudotumor cerebri. The patient presented to the Hospital exhibiting class symptoms.
Had a timely lumbar puncture been performed, the test would have relieved the pressure within the brain and prevented vision problems. Due to the hospital’s negligence, the patient suffered permanent injury to her vision.