Medical malpractice is the area of law that provides legal recourse and compensation or individuals injured by preventable medical errors. If you or a loved one have been injured due to medical negligence, you may have a case and a chance to settle with the responsible party.
Medical errors are the third leading cause of death in the United States and cost Americans nearly $1 trillion per year in additional medical costs, productivity losses, and shortened life spans. Preventable medical injuries are often the result of poor management or reckless professional behavior.
A recently published study titled, A New, Evidence-based Estimate of Patient Harms Associated with Hospital Care, estimated that 210,000 hospital patients die each year from medical mistakes that could have been prevented.
This places medical malpractice as the third leading cause of death in the United States after heart disease and cancer. Further, the Office of The Inspector General estimated 180,000 deaths per year are due to medical mistakes. And a Study from the Journal of Patient Safety reported that the number of preventable deaths is between 210,000 and 440,000.
Incredibly, the Wrong Site Surgery Project Study found that national incidence of wrong site surgeries, which includes wrong patient, wrong procedure, wrong site and wrong side surgeries, may be as high as 40 per week.
Medical malpractice also causes severe emotional trauma for the injured patient and their family due to the severity of the injuries and breach of trust. Following any obvious malpractice, a victim has the right to file a claim to recover medical costs, lost wages and damages related to pain and suffering.
Joe Lyon has represented patients in Medical Malpractice cases for 17 years throughout Ohio and Kentucky. The Firm is dedicated to making America’s hospitals and healthcare system a safer and more trustworthy institution by holding medical professionals accountable when mistakes are made and injuries are sustained.
The Firm handles cases on contingency fees advancing all costs of the case and accepts the financial risk of the litigation to allow the clients access to court and reduce the financial stress while they focus on their healthcare needs. The Firm does not seek reimbursement for fees or costs in the event of a non-recovery.
Providing Answers when Medical Mistakes are Made
Medical Malpractice lawsuits provide answers when physicians and hospitals are unwilling to be honest with patients about poor medical outcomes. Medical Malpractice lawsuits also provide for a sense of justice with compensation and financial security for future medical care and lost income.
There is also a societal benefit. As a result of medical malpractice lawsuits, and holding physicians and hospitals responsible when they fall below a professional standard of care, the standards of care are enforced and improved in clinical and hospital settings by the deterrent effect and threat of future lawsuits.
In other words, medical malpractice lawsuits make medicine safer so more families do not suffer the same adverse events.
Hospitals, medical staff, nurses and doctors are responsible for providing proper patient care. When management or individuals fail to provide a sufficient level of care, victims may seek legal recourse and file suit against the negligent parties.
Without medical malpractice laws, medical mistakes would go without consequence, patients would be uncompensated for preventable injuries, and medical providers would have less incentive to improve the medical system to prevent future injuries.
Despite the reports discussed above, frivolous claims brought by medical malpractice attorneys 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 in a manner that is favorable to them and adverse to the average American. And sadly, it has worked.
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 mistakes. Examples of the most common medical errors include:
The Deficit Reduction Act of 2005 required that conditions be identified that (a) are costly and occur at high rates, (b) are assigned as cases to the Diagnosis-Related Group, and (c) could have ultimately been prevented with appropriate care. These hospital-acquired conditions occur as negligence on the part of hospital staff and often result in a multitude of medical malpractice lawsuits.
Conditions that meet the three requirements for identification:
Many hospitals and physicians are taking proactive approaches to resolve viable medical malpractice claims by approaching patients who do not have legal counsel. The “family meeting” presentation will include deterring patients from seeking legal counsel. This is a very concerning development in the course of medical liability and risk management.
We strongly advise patients not to engage in “family meeting” settlement negotiations without an experienced medical malpractice lawyer present. Hospitals and physicians have lawyers who are specialized in medical malpractice claims advising them on how to approach the case, and it is only fair that the patient is afforded the same benefit of qualified counsel.
The “family meeting” practice of settling hospital negligence cases without an attorney does not benefit the patient in most cases, but almost always benefits the negligent hospital.
Do not be deterred by a hospital representative implying that the case will be compromised if you seek counsel. While attorney fees will need to be paid, those costs should not be a deterrent. The Lyon Firm adopts a lower contingency fee structure and offers hourly rates for cases that can be resolved without litigation.
If the parties wish to resolve the matter, having qualified counsel on both sides is beneficial to the process. The goal should be a settlement where both parties are satisfied, not a case where the hospital pays substantially less than the fair value of the claim.
There are numerous issues that need to be considered before settling a medical malpractice case, and you should know what the fair value of the claim is before accepting a settlement.
The hospital knows the fair value having been involved in other cases. You as the patient should work with counsel who has successfully worked on other cases and can advise on the appropriate risk of future litigation and settlement value.
If a hospital is approaching you or a family member about a settlement without a Cincinnati Medical Malpractice lawyer, please call (800) 513-2403 for a free consultation.
Every case is unique, and some are very complex by nature, though The Lyon Firm can review your case and decide whether or not you have a viable malpractice claim.
By law, a duty of care is a legal obligation which is imposed on an individual, requiring adherence to a standard of reasonable care while performing any acts that could foreseeably harm others. It is the first element that must be established to proceed with an action in negligence.
Medical negligence may be looked into if any patient has received poor care as an inpatient or outpatient, which results in a preventable injury or death.
This all depends on the case, as well as whether the claim is settled out of court or goes to a jury trial. It can take several months or up to two years.
The Lyon Firm has the experience, resources and dedication to take on difficult and emotional malpractice cases and help patients and clients obtain the justice for the wrong they have suffered.
Joe Lyon is an experienced Cincinnati Medical Malpractice Lawyer. The Lyon Firm has 17 years of experience and success representing individuals and plaintiffs in all fifty states, and in a variety of complex civil litigation matters. Medical malpractice lawsuits can be complex and require industry experts to determine the root cause of an accident or injury. Mr. Lyon has worked with experts nationwide to assist individuals understand why an injury occurred and what can be done to improve their lives in the future. Some cases may go to a jury trial, though many others can be settled out of court.
The process for investigating a medical malpractice claims involves the following steps:
The Lyon Firm aggressively, professionally, and passionately advocates for individuals and families injured by medical malpractice to obtain just compensation under the law. Over the course of handling medical malpractice cases for 17 years, Joe Lyon has obtained numerous six and seven figure settlements on behalf of his clients. See The Lyon Firm Results Page for additional settlement information.
(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.