Practice Areas

Medical Malpractice


A mistake in surgery that causes brain damage. A misdiagnosis that leads to an avoidable death. Negligence that results in an overdose. Medical malpractice occurs when a physician, nurse, hospital, or other medical provider deviates from the accepted standard of care that a reasonable and prudent professional would have used under the same or similar circumstances.

If you suspect that a medical provider was not following acceptable procedure, you may have a legal case to hold them responsible for any resulting damage. But time is of the essence, so call an attorney right away.

Statute of Limitations

It is critical to realize that medical malpractice claims usually have a one-year statute of limitations, and it is important to seek legal advice at the earliest possible time. This not only avoids you losing the right to sue, but it also gives your attorneys the best chance at collecting all relevant evidence, securing experts, and putting together your best case for trial. Simply securing the right experts can take months.

Locating Expert Witnesses

Whether a defendant medical provider deviated from applicable standards of care and caused harm to the patient is established through the expert opinion testimony of physicians and other medical providers. Our law firm spends a great deal of time finding the very best expert physicians to assist in case investigation and preparation and offer expert testimony at depositions and trial. It is not unusual for us to engage five to ten different experts in various specialties in order to successfully prosecute a medical malpractice claim.

Typically, Dungan & LeFevre will advance the money to pay these expenses, which are then deducted from the amount of a settlement or jury verdict.

Our Medical Malpractice Attorneys

We are proud that our practice in medical and hospital negligence is one of only a few that have been recognized by our fellow trial lawyers to be one of the best in the Dayton area and the entire State of Ohio. Our civil trial attorneys, Michael Baer and James Brookshire, have successfully handled many medical malpractice cases, including cerebral palsy/brain-damaged baby cases, anesthesia accidents, failure to diagnose cancer and other dangerous illnesses or diseases, negligently performed operations, and more.

If you have any further questions about how we can help you with your medical malpractice needs, please contact us.