Sam G. Caras Co., LPA

Birth injuries occur when a doctor fails to take quick action when an emergency situation arises, when proper prenatal care was not provided or when a mistake is made during the delivery process. Birth injuries can often have long-term consequences. Some common causes of birth injuries include:  The doctor fails to diagnose congenital disabilities  The doctor fails to diagnose or treat a medical condition that is contagious to the baby or affects the baby  The doctor prescribes medication that is harmful to the baby  The doctor fails to perform a timely cesarean section  The doctor fails to use proper delivery procedures

Anesthesia errors occur when a healthcare provider provides the wrong type, dosage or method of administering anesthesia. These errors can occur during surgery, as well as during outpatient procedures. Some common examples of anesthesia errors include:  Providing too much anesthesia  Providing too little anesthesia  Delaying the delivery of anesthesia  Administering the wrong type of anesthesia  Not collecting information on other medications that the patient is taking, which results in an adverse drug reaction  Failing to properly monitor the patient after giving anesthesia to him or her Anesthesia errors can cause serious drug interactions, allergic reactions, brain damage, organ failure, heart attacks and other serious medical problems.

Our firm works on medical malpractice claims on a contingency fee basis. This means that our payment comes at the back end of the case out of any recovery you receive. Our fee is contingent on us winning your case through an insurance settlement or verdict. If we are not successful with your case, you will not be charged attorney’s fees. If we are successful, we will receive a percentage of your award, based on the percentage indicated in your retainer agreement.

In order to establish your right to monetary recovery, you must be able to prove all elements of medical malpractice, which include the following:  The physician had a duty to conform to a particular standard of conduct  The physician breached that duty  There is a causal connection between the breach of the duty and the patient’s injuries  The patient suffered damages

Ohio has a one-year statute of limitations for a medical malpractice claim. This one-year time limit begins on the date when the injury is discovered or the injury reasonably should have been discovered. Moreover, the state has a four-year statute of repose that states that all medical malpractice claims must be filed within four years in Ohio, even if the injury was discovered after this time. There is an exception for cases in which a foreign object is left in a patient’s body or when the injury was not reasonably discovered within the first three years. In these situations, the patient has one year from the discovery to file a lawsuit.

Some common types of medical malpractice include the following: - Misdiagnosis – A misdiagnosis occurs when a doctor gives the wrong diagnosis to a patient. The patient may receive unnecessary treatment or not receive the treatment he or she needs because of the misdiagnosis. - Delayed diagnosis – A delayed diagnosis occurs when the healthcare provider fails to order the proper tests or medical procedures to determine the underlying medical problem. In this situation, the patient does not find out promptly about the medical condition he or she has. For example, the patient may not be timely diagnosed with cancer, which may lead to it spreading before it is later discovered. - Surgical errors – Surgical errors happen when a healthcare provider operates on the wrong patient, operates on the wrong body part, leaves a foreign object in the patient, accidentally cuts the patient or does not execute the procedure which results in an infection after the operation.

Healthcare providers are expected to provide you with proper medical treatment that is consistent with the recognized standard of care for the specialty and the location. Medical malpractice occurs when a healthcare provider deviates from this standard of care and injures a patient due to this deviation. A knowledgeable medical malpractice attorney can review your case and determine if medical malpractice occurred.