Were you or a family member the victim of a medical mistake at Southern Ohio Medical Center in Portsmouth, Ohio? If so, call me right away. As an experienced medical malpractice and birth injury attorney, I will fight to get you the answers you need and deserve.
My Portsmouth office is located near the Ohio River off of Chillicothe Street in Scioto County.
After a medical mistake, you need someone who isn’t afraid to take on hospitals and their insurance companies. I have the resources necessary to fight for you as long as it takes.
For more than four decades, I have had two goals. First, I want to get my clients and their families the compensation they justly deserve after a tragic medical mistake. Secondly, I want to change the way medical professionals conduct business; to prevent the same tragedy suffered by my client from happening to others in the future.
Examples of a Personal Injury Lawsuit: Medical Malpractice
Surgical Error
During surgery, the surgeon punctured an organ or blood vessel due to negligence or lack of precision. Internal bleeding or organ damage can lead to severe pain, infection, and potential life-threatening complications.
Future Medical Needs: Victims may require additional surgeries to repair the damage, long-term pain management, and ongoing monitoring to prevent complications from arising.
Medication Error
A healthcare provider prescribed the wrong medication or incorrect dosage, either due to miscommunication or failure to follow safety protocols. Adverse drug reactions, allergic responses, or drug interactions may cause organ damage, anaphylaxis, or even wrongful death.
Future Medical Needs: It’s possible to require intensive medical treatment to manage the complications caused by the medication error. Victim may require ongoing monitoring to avoid further adverse reactions.
Misdiagnosis
If a doctor misinterpreted test results or failed to recognize critical symptoms, it could lead to an incorrect diagnosis. Delayed or incorrect treatment, worsening of the actual medical condition, or causing potential irreversible damage.
Future Medical Needs: If a misdiagnosis occurred, injured patients may require corrective treatment or surgeries to address the condition correctly. The patient may also need psychological support due to the emotional toll of the misdiagnosis.
Anesthesia Error
The anesthesiologist may have administered an incorrect dosage of anesthesia or failed to monitor the patient adequately during surgery, causing injury. Absence in anesthesia awareness (patient wakes up during surgery) can cause brain damage, respiratory problems, or even cardiac arrest.
Future Medical Needs: This can lead to ongoing neurological assessments, therapy to cope with trauma, and potential rehabilitation for any physical disabilities resulting from the anesthesia error.
Hospital-acquired Infection
Due to inadequate sanitation or hygiene practices, you may have contracted an infection during your hospital stay. Sepsis, surgical site infections, or antibiotic-resistant infections may lead to prolonged hospitalization, organ failure, or death.
Future Medical Needs: You may require extended antibiotic treatment, wound care, and possible surgical interventions to manage the consequences of the infection and prevent relapses. Psychological support might also be necessary to cope with the emotional distress caused by the hospital-acquired infection.
As a Portsmouth personal injury lawyer, I am here to be your voice in the case of serious injury caused by medical malpractice. Compensation for your future medical needs will be calculated by a team of professionals I work with. As for the doctors who caused your injury, and their insurance companies, I’ll Make Them Pay!®
Damages In Medical Malpractice Cases
Medical Expenses: Victims of medical malpractice may seek compensation for past and future medical expenses incurred due to the negligent actions of healthcare providers. These expenses include hospital stays, surgeries, medications, rehabilitation, therapy, and ongoing medical treatment necessary to recover from the injury caused by malpractice.
Pain and Suffering: You may be entitled to compensation for physical pain, emotional distress, and mental anguish caused by the injury. Pain and suffering damages acknowledge the significant negative impact on the victim’s overall well-being, including the trauma and emotional toll resulting from the injury.
Lost Wages and Earning Capacity: Medical malpractice can lead to severe injuries, prolonged recovery periods, or permanent disabilities that prevent you from working. Compensation for lost wages includes the income you would have earned during the time you were unable to work, as well as potential future earning capacity reduction due to the lasting effects.
Loss of Consortium: In some cases, a spouse or family members of the injured party may be entitled to damages for the loss of companionship, support, and affection due to the catastrophe. Loss of consortium compensates for the impact the injury has on the victim’s relationships and the deprivation of their loved ones’ comfort and companionship.
Punitive Damages: In situations where the healthcare provider’s actions were particularly egregious or exhibited willful misconduct, punitive damages may be awarded. This is meant to punish the responsible party and deter others from similar reckless behavior. These damages go beyond compensating the victim and are intended to send a message that such negligence will not be tolerated in the medical community.
As one of the leading Portsmouth personal injury attorneys, I’ve dedicated my life to helping my clients and the Portsmouth community as well. In the medical profession, there is no room for error. Personal injury lawyers hold the medical community to the standard of care they’ve taken an oath to provide.
Personal Injury Cases: Birth Injuries
Improper Use of Forceps or Vacuum Extractors
During childbirth, the healthcare provider used excessive force or applied forceps/vacuum extractors incorrectly, causing trauma to the baby’s head or neck. This can result in cranial nerve damage, skull fractures, or brain hemorrhage, which can lead to developmental delays, cognitive impairments, or cerebral palsy.
Future Medical Needs: The child may require specialized therapies, such as physical therapy, occupational therapy, and speech therapy, to address developmental delays and disabilities caused by the birth injury.
Delayed Cesarean Section (C-section)
If the medical team failed to perform a timely C-section in cases of fetal distress, it may lead to a prolonged lack of oxygen during birth. Hypoxic-ischemic encephalopathy (HIE) or permanent brain damage often occurs, resulting in motor impairment, intellectual disabilities, or seizures..
Future Medical Needs: The child may require ongoing neurological evaluations, medication for seizures or spasticity, and assistive devices to enhance mobility and independence.
Medication Errors during Labor
Incorrect administration or dosing of medication, such as labor-inducing drugs or pain relievers, may cause adverse effects on the mother and baby. Maternal complications such as uterine rupture or postpartum hemorrhage, and neonatal issues like respiratory distress or low Apgar scores.
Future Medical Needs: The mother may require surgical intervention and prolonged postnatal care to recover from the complications, while the baby may need specialized neonatal care and potential long-term medical support.
Failure to Monitor Fetal Distress
It’s possible the medical team did not adequately monitor the baby’s vital signs during labor, missing signs of distress or fetal oxygen deprivation. Such mishaps can cause birth asphyxia leading to brain damage, developmental delays, and intellectual disabilities.
Future Medical Needs: The child may require early intervention programs, educational support, and ongoing medical assessments to manage the effects of the birth injury on their cognitive and physical development.
Improper Handling of Shoulder Dystocia
The medical team may have mishandled shoulder dystocia, which is a complication that occurs during delivery where the baby’s shoulder gets stuck behind the mother’s pelvic bone. Brachial plexus injuries, fractures, or nerve damage, may cause weakness or paralysis in the baby’s arm.
Future Medical Needs: The baby may require surgery, physical therapy, and adaptive devices to regain or improve the functionality of the affected arm, and to facilitate their overall development and independence.
Birth injures are devastating for the whole family. Medical errors affecting the mother or the child are unacceptable, and the doctors must be held accountable. Call me for your free consultation, and I’ll Make Them Pay!®
Damages In Birth Injury Cases
Medical Expenses: You may have substantial medical costs, including hospitalization, surgeries, medication, rehabilitative therapies, and ongoing medical care. Compensation for medical expenses is necessary to cover the past and future costs associated with treating your injuries and supporting your child’s well-being.
Pain and Suffering: Injuries during birth can cause immense physical and emotional pain and suffering for both the child and the parents. You deserve compensation for the pain endured, and thus the awarded damages acknowledge that trauma and distress were caused by negligent medical care during childbirth.
Long-term Care and Support: Birth injuries may lead to long-term disabilities or developmental delays that require specialized care and support throughout your child’s life. Compensation for long-term medical care is deserved to ensure your child receives appropriate medical attention, therapies, and other necessary resources to improve their quality of life.
Loss of Enjoyment of Life: Children who suffer birth injuries may experience limitations in their ability to participate in activities, hobbies, and social interactions, thus impacting their overall enjoyment of life. Awarded damages for the loss of enjoyment of life, acknowledges the reduced opportunities and experiences your child may face due to the birth injury.
Future Earning Capacity: In severe birth injury cases, the child may face significant limitations that affect their ability to pursue certain career paths or gainful employment in the future. For your child’s future earning capacity, it is necessary to address the potential financial impact of the injury on their ability to support themselves and have financial independence as they grow older.
Statute Of Limitations For Personal Injury Law In Ohio
In Ohio, the statute of limitations for a personal injury claim is a legal time limit within which a person must file a lawsuit seeking compensation for their injuries. The statute of limitations for personal injury cases in Ohio is generally two years from the date of the injury.
This means if you suffer a personal injury due to someone else’s negligence, recklessness, or intentional actions, you have two years from the date of the injury to file a lawsuit in civil court. If you fail to initiate the legal action within this two-year period, the court is likely to dismiss your case. You may lose your right to seek compensation for your injuries through the legal system.
It is crucial to be aware of and adhere to the statute of limitations, as it plays a significant role in personal injury cases. However, some situations may have exceptions or different time limits, depending on the specific circumstances of the case. Let me be your personal injury attorney, an I’ll explain the statute of limitations and how it applies to your particular situation. This will ensure you take appropriate legal action within the required timeframe. Call me with your personal injury case, and with my proven experience, I’ll Make Them Pay!®
Exceptions To The Statute Of Limitations
While the statute of limitations sets a general time limit for filing a lawsuit, there are certain exceptions that may apply to extend the deadline.
Discovery Rule: In cases where the injury is not immediately apparent or could not have reasonably been discovered at the time it occurred, the statute of limitations may begin on the date the injury was discovered.
For Minors: If the injured party is a minor at the time of the injury, the statute of limitations may be extended until they reach the age of majority (usually 18 years old). This allows the victim to file a lawsuit upon reaching legal adulthood.
Mental Incapacity: If the injured person is mentally incapacitated at the time of the injury, the statute of limitations may be tolled until they regain mental capacity.
Fraud or Concealment: If the defendant fraudulently conceals their involvement in the injury or the injury itself, the statute of limitations may be extended to allow the injured party more time to bring a lawsuit.
Absence from the State: If the injured party is not present in the state during the entire statute of limitations period, the time spent outside of the state may not be counted in the standard statute timeframe.
Continuing Treatment: In medical malpractice cases, if the injury occurred due to ongoing treatment or medical care, the statute of limitations may begin when the last treatment is provided, rather than the initial injury date.
Governmental Immunity: If the responsible party is a government entity or employee, special rules may apply, and the injured party may have a shorter or extended time frame to bring a claim.
If you or a family member was the victim of medical malpractice or birth injury in Portsmouth or anywhere in Southeast Ohio, call me today.
I will meet with you at your convenience, at a time and place of your choosing. Your problems become my problems. If I take your case, I will give you my direct cell phone number because I understand your questions and concerns don’t fit neatly into 9-5 schedule.
Furthermore, I cover all of the costs associated with handling your case, and my fee is based on a percentage of your recovery, so I don’t get paid unless you win. As your personal injury lawyer, I’ll be there for you, and I’ll Make Them Pay!®
Tim Misny’s law firm represents clients in the following Southeast Ohio counties: Scioto, Adams, Highland, Pike, Jackson, Lawrence, and Gallia. Additional offices are also located throughout the state of Ohio.
