Cincinnati Hospital Negligence Attorney Joseph Lyon Answers Common Medical Malpractice Questions
“A part of my law practice includes representing individuals and family members that have been victims of medical malpractice. Medical malpractice cases can be some of the hardest, most emotional cases for family members, because they go to the heart of the physician-patient relationship. Often times in these cases, the results of the medical care are incredibly catastrophic and damaging. Fortunately, we do have a wonderful system in this country, with our civil justice system, that allows families to question the medical care and to understand what happened, with respect to either themselves or a family member.
“What I hear more often than not, when I’m called about a medical malpractice case, is that no one is providing the answers to the family in terms of what happened. Oftentimes, the doctors and nurses are incredibly attentive during the course of the case, once they recognize that a mistake may have been made, the lines of communication end and the family is left with no means of understanding why such a tragic consequence occurred.
“What I try to communicate to all of my clients from the beginning is that, while I can’t guarantee a particular result in the case, I can guarantee that we’ll get you more answers than you had when you walked through my door.
“The process for understanding what happened in a particular medical malpractice case involves several steps. First we have to get all the medical records in the case. That is the beginning of understanding the story. It’s not the end, and as you would suspect, not all the facts or circumstances that are surrounding the care are in the medical records, oftentimes the medical record is written with the physicians point of view in mind. It’s also important to interview any family members or friends who were also involved with the care that may be able to shed some light on the case.
“Medical malpractice cases are unique in that you are not allowed to pursue that case in an Ohio court without initially getting an expert physician to sign what’s called an Affidavit of Merit against the physician that’s suspected of committing the medical malpractice. It’s an absolute prerequisite to moving forward in the case. Without the Affidavit of Merit the case will likely be dismissed.
“So, part of the investigative process is that my law firm, typically it’s a responsibility that I take myself, is to identify the most qualified and best expert to review the medical records in the case from a prospective point of view, and to give us that initial opinion on the standard of care. Once that opinion is obtained, and assuming that the doctors says that malpractice was committed, we can then move forward and file the case.”
If you or a loved one has suffered a Medical Malpractice injury and have questions about the legal remedies available to improve quality of life and medical care in Ohio, contact The Lyon Firm at (800) 513-2403. You will speak directly with Mr. Lyon, and he will help you answer these critical medical malpractice questions.