Medical Malpractice Lawyers in Dayton, OH

A doctor holding a gavel, symbolizing the concept of medical malpractice and legal justice in healthcare.When you seek medical care, you expect to receive a high standard of treatment. Unfortunately, preventable errors by healthcare professionals can cause severe injuries, long-term health issues, or even death. If you or a loved one has been harmed due to medical negligence, Attorney Michael Wright is here to help you pursue justice. Our Dayton medical malpractice lawyers are dedicated to holding negligent medical providers accountable and securing the compensation you deserve.

What is Medical Malpractice?

Medical malpractice refers to negligent treatment by medical providers, such as a doctor, hospital, nurse, chiropractor, therapist, or other medical practitioners. If a medical practitioner fails to act in accordance with accepted standards of practice in the diagnosis or treatment of a condition, they may be responsible for all damages that result, including pain and suffering, medical bills, loss of wages, or death. Victims of birth injuries, surgical mistakes, misdiagnosis of stroke or cancer, and all other cases of medical malpractice are often eligible to recover compensation for medical bills and other damages.

What Must Be Proven to Win a Medical Malpractice Suit?

To successfully prove a medical malpractice claim in Ohio, four legal elements must be established:

Duty of Care

The healthcare provider owed a professional duty to the patient, meaning a recognized provider-patient relationship existed where care was expected.

Breach of Duty

The provider failed to meet the accepted standard of care that a reasonably competent professional would have provided under similar circumstances.

Causation

The provider’s breach of duty directly caused injury or harm to the patient. It must be shown that the injury would not have occurred if not for the provider’s negligence.

Damages

The patient suffered measurable losses, such as additional medical expenses, lost income, physical pain, emotional distress, or other tangible impacts. At Attorney Michael Wright, our experienced Dayton medical malpractice lawyers have built a formidable reputation for holding negligent doctors, hospitals, and healthcare providers accountable for the injuries they cause.

Ohio Statute of Limitations for Medical Malpractice Lawsuits

In Ohio, the deadline to file a medical malpractice claim is typically one year from the date the negligent act occurred, or from the date you discovered (or reasonably should have discovered) the injury. This time limit is set by Ohio Revised Code § 2305.113. However, if you send a written notice of intent to sue before the one-year period expires, you can receive an additional 180 days to file. Regardless of discovery, there’s a strict four-year statute of repose, meaning no claim can be filed more than four years after the alleged malpractice unless a foreign object was left in the body, or in cases involving minors or mental incompetence, where certain exceptions may apply. A qualified medical malpractice lawyer with local knowledge can help you understand how these deadlines apply to your situation and make sure your claim is filed on time. 

What About Compensation? Understanding Ohio's Damage Caps

A question every client has is, “What is my case worth?” The answer in Ohio is complex. The law places limits, or “caps,” on compensation for “non-economic” damages, the personal, human losses like pain, suffering, emotional trauma, and loss of enjoyment of life. For most cases, this amount is capped, often at $350,000 per person.

But what happens when the harm is truly life-altering? The law makes a powerful exception for catastrophic injuries. If the negligence resulted in the loss of a limb, paralysis, or a permanent injury so severe you can no longer care for yourself, these caps do not apply. Our mission is to build a case that shows the full, true impact the malpractice has had on your life, ensuring the law is applied to your situation justly and fairly.

Types of Medical Malpractice We Cover

When a medical professional’s mistake changes your life, it’s not just an accident. It’s a violation of trust. At our firm, we don’t just see a case file; we see the person whose future has been put in jeopardy. We handle the hard cases, the ones where the details matter and the stakes are as high as they get. This includes:

Emergency Room Errors

At Attorney Michael Wright, our Dayton medical malpractice lawyers represent victims of serious emergency room mistakes across Ohio. These errors often involve a missed test result, dismissed symptoms, premature discharge, or failure to order critical tests. When a patient arrives in distress and doesn’t receive the accurate care they need, the results can be life-threatening.  If you or a loved one suffered harm because of substandard care in an ER, our legal team is ready to hold negligent providers accountable.

Misdiagnosis & Delayed Diagnosis

Misdiagnosis and delayed diagnosis are two of the most common and most dangerous forms of medical malpractice. in Ohio. Whether your doctor failed to recognize cancer symptoms, misdiagnosed a heart condition, or delayed vital imaging and testing, the results can be dangerous. These failures steal time that could have been spent treating, healing, and recovering. At our Dayton malpractice law firm, we investigate what went wrong and why, bringing in medical experts to build a case on your behalf.

Retinopathy of Prematurity (ROP)

Retinopathy of Prematurity (ROP) is a serious and preventable condition that can lead to permanent vision loss or blindness in premature infants. At Attorney Michael Wright, our Dayton medical malpractice attorneys are experienced in handling complex ROP lawsuits throughout Ohio. We work closely with leading medical experts to investigate neonatal negligence and fight for the compensation families need to secure lifelong care, therapy, and support for their child’s future.

Surgical Mistakes

Unfortunately, surgical errors remain a leading cause of medical malpractice in Ohio. At Attorney Michael Wright, we represent individuals in Dayton and statewide who have suffered due to preventable mistakes in the operating room. Known in the medical field as “never events,” these errors should never happen. When they do, the damage can lead to prolonged recovery, permanent disability, or even death. If you or a loved one has experienced a surgical error, our legal team will investigate every detail, consult with board-certified experts, and pursue full accountability for the harm you’ve endured.

Life-Altering Birth Injuries

Conditions like cerebral palsy, brachial plexus injuries, and brain damage from oxygen deprivation often stem from preventable errors during labor and delivery. At Attorney Michael Wright, our Dayton birth injury lawyers understand the emotional and financial weight these injuries carry. Whether the medical team failed to act on signs of fetal distress, delayed an emergency C-section, or misused delivery tools, this negligence can have permanent consequences. We help Ohio families find out what went wrong and pursue the compensation needed to provide long-term care for their child.

Why Choose Attorney Michael Wright for This Fight?

Choosing a lawyer when your health is on the line is a major decision. You’re putting your family’s future in someone else’s hands, and you need to know it’s the right choice. So, it’s a fair question: Why should you trust our firm?

The answer isn’t found in a single promise, but in how we approach our work and, most importantly, how we treat our clients.

Medical malpractice cases are incredibly complex, and they are always fought by powerful insurance companies with vast resources. You can’t afford to have a lawyer who is learning as they go. You need an advocate who knows this world inside and out, someone who understands the medicine just as deeply as they understand the law. We handle every medical malpractice case on a contingency fee basis. This means we only get paid if we succeed in recovering money for you. We cover all the upfront costs of the fight, from court filings to paying for the top-tier medical experts needed to win. If we don’t win your case, you owe us nothing.

Contact a Medical Malpractice Attorney in Dayton, Ohio

Our Ohio medical malpractice lawyers always put the injured first, and are determined to help our clients win the types of settlements and verdicts that will allow them to put their lives back together. If you were injured by a negligent doctor or other healthcare professional, the Ohio medical malpractice lawyers at Attorney Michael Wright will fight to ensure your rights are protected and that you are treated fairly, so you can focus on your recovery. In most cases, Ohio law requires that medical malpractice lawsuits be filed no later than one year after the incident, or discovery of the incident, so it’s important you act quickly. To learn more about all of the ways our firm can help, we urge you to contact Attorney Michael Wright for a free, no-obligation Ohio medical malpractice lawsuit evaluation. Simply fill out the online form on the right, or give Attorney Michael Wright a call at (937)-222-7477.

Frequently Asked Questions About Medical Malpractice Cases

Yes. Medical malpractice cases are complicated and are invariably hard-fought. It would be extremely difficult, if not impossible, for a layperson to have the expertise necessary to prepare and if necessary try a medical malpractice case. The sooner the better. Memories fade with time and in addition, the sooner a lawyer can be involved and preserve evidence, the more likely it is that the lawyer will be able to bring the case to a successful resolution.

Our medical malpractice lawyers know how difficult it is in the wake of a serious injury-causing accident and the serious expenses you will already be facing. We are therefore proud to work on a contingency fee agreement, which means that you only pay if we are able to recover for you. From the first consultation to the very end of your case, we will front all of the expenses—including man-hours we put in and fees of experts that we consult. We are only paid if we win your case, and our payment comes from the total recovery that we make–not directly out of your own pocket.

Quite often, the presence of a medical practice case can only be learned through consultation with an attorney experienced in handling medical malpractice matters.

The responsible medical provider, and any other organization such as a medical corporation or hospital for which that individual worked.

Generally, the only way to make such a determination is for review by an experienced medical malpractice lawyer who in turn will consult with medical experts in the field. Our attorneys in Dayton focus on several areas of medical malpractice, including emergency room errors, misdiagnosis, retinopathy of prematurity lawsuits, surgical errors, and birth Injury.

Where injury results, the damages include medical bills, both past and future, wage loss, both past and future, and past and future pain and suffering, as well as any disfigurement caused by the malpractice. In wrongful death cases, damages include medical bills, loss of support for family members, and loss of the aid, comfort, society, and companionship that the deceased person would have provided to the family members had he or she lived.

Medical malpractice is a complex, common, and potentially devastating area of law. Statistics show that between 44,000 and 98,000 people die in hospitals each year from avoidable medical errors. Additionally, more than one-third of patients in a survey by the New England Journal of Medicine reported experiencing medical malpractice that led to serious health issues.

However, not every poor medical outcome is grounds for a malpractice lawsuit. In Ohio, victims must meet specific legal requirements before even filing a lawsuit. A qualified medical expert must first certify that a healthcare provider’s actions departed from recognized standards of care and caused actual harm.

Given the complexity of these claims and the powerful insurance companies that defend them, it’s essential to work with an experienced legal team by your side. At Attorney Michael Wright, we’re not afraid to take on the large insurance companies that spend millions to bankroll the defense in the majority of medical malpractice lawsuits. Our firm works closely with trusted medical experts to build strong cases. We will not let insurers pressure you into accepting an unfair settlement and are always ready to take your case to trial if needed to pursue full and fair compensation.

Obtaining a review with an experienced medical malpractice attorney who can review the medical records with the appropriate expert.

Generally, the only way to make such a determination is for review by an experienced medical malpractice lawyer who in turn will consult with medical experts in the field.

There is no way to know this without evaluation by an expert medical malpractice attorney. Even then, attorneys can give general ranges of typical jury verdicts, but ultimately the value of any particular case must be determined either by agreement through settlement or through the verdict of a jury.

Think of it as the official green light your case needs to get started. In Ohio, you can’t just file a lawsuit against a doctor or hospital. First, the law requires that a qualified medical expert review your situation. That expert must then sign a sworn statement, the Affidavit of Merit, saying they believe your care fell below the accepted standard and caused you harm. It’s a critical first hurdle, but don’t worry about it. Finding the right expert and handling this requirement is a key part of our job.

Yes, and it’s a complicated part of Ohio law. The state does put a limit on what are called “non-economic” damages, that’s the compensation for your personal pain, suffering, and emotional trauma. In many cases, that cap is currently $350,000. But that limit gets thrown out the window for catastrophic injuries. If the medical error caused a permanent, life-altering injury like paralysis, brain damage, or the loss of a limb, the cap does not apply. Determining how these rules affect your specific case is a crucial part of our evaluation.

It’s best to think of it this way: one is for your wallet, and the other is for your well-being.

  • Economic damages are the concrete financial losses you can add up with a calculator. This includes all your past and future medical bills, any income you’ve lost from being out of work, and the cost of things like physical therapy or in-home care.

Non-economic damages are for the immense human cost of the injury. There’s no receipt for pain, for the emotional distress, or for the loss of enjoyment of life you’ve suffered. These losses are just as real, and the law allows you to seek compensation for them. Our job is to build a case that demands full value for the losses you’ve endured in both categories.

Attorney Michael Wright