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When most people go to the doctor, they do not think that they are at risk of injury. Unfortunately, medical malpractice can and does happen. Most physicians hold themselves to the highest standard of care, but for those who do not, what options do injured people have?

At Gottschlich & Portune, LLP, we have extensive skill assessing breaches of care standards and how to demonstrate those failings with legal rigor. We will analyze medical records, consult other physicians and use our network of Dayton professionals to ensure that you receive fair treatment.

What Counts As Medical Malpractice?

Malpractice occurs when a medical professional does not adhere to legally mandated standard of care. In other words, a physician violates the standard of care when they do not do what another reasonable physician would have done in the same situation. To prove that medical malpractice occurred, our attorneys will show that:

  • You were the doctor’s patient.
  • The doctor was negligent in their treatment.
  • This negligence was the specific cause of your injury.
  • The injury resulted in pain, suffering, bills or other damages.

Medical malpractice cases frequently involve failing to diagnose a condition, treating a condition improperly or not warning a patient of the risks involved in a particular kind of treatment.

How Long Do I Have To File A Claim?

Even if medical malpractice certainly occurred, you do not have an indefinite amount of time to bring legal action. Generally speaking, you only have one year after you discover your injury, or reasonably should have done so. If the physician’s treatment extends beyond the time of discovering the injury, the one-year statute of limitations applies to when the treatment ends.

Because time is of the essence in these cases, our attorneys can arrange to meet with you outside of normal working hours if necessary.

Get Help With Your Malpractice Claim

If you would like to discuss your situation with us — especially if you are not sure whether or not malpractice occurred — please contact our legal team. We are available by email, or else you can call our office in Dayton: 937-913-0200.