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You trust your health care provider with very important information, decisions, and even with your life. You are counting on that professional, facility, or institution to properly and compassionately provide healing care. Unfortunately, the trust placed in medical professionals is sometimes betrayed negligently or intentionally. Serious injuries with long-lasting implications and even death can occur.
Unfortunately, medical malpractice is all too common. According to researchers from Johns Hopkins University, medical malpractice is now the third leading cause of death in the United States.
If you or someone close to you has been injured, neglected, or harmed while in the care of a medical professional contact a medical malpractice attorney immediately as there are strict time limitations in Ohio for pursuing these matters.
What is Medical Malpractice?
Medical malpractice refers to professional negligence by a health care professional, provider, or facility in which the treatment provided was substandard, and caused harm, injury or death to a patient.
While every patient and every case are unique, there are common elements that must be proven to establish medical malpractice has occurred.
Doctor/Patient Relationship
It must be proven that a physician-patient relationship existed with the doctor or medical facility. In other words, the doctor or hospital must have provided medical care to the patient. This is determined by medical records, history of care, or patient engagement letters.
Duty of Care
There are accepted standards, set forth by the medical community, that all physicians must adhere to. Medical professionals are legally obligated to their patients to meet the standard of care.
Breach of Duty
A doctor or other medical professional must be shown to have failed to act or perform their duty in a similar manner to other medical professionals in a similar situation. When a medical professional does not act or treat a patient to that standard, a breach of duty has occurred and the medical professional may be found negligent.
Causation
There must be proof that the patient's injury was caused by the medical professional's negligence or breach of duty. Medical charts, treatment, and testimony from other health care professionals are typically required to prove that the proximate cause of the injury was the provider's negligence.
Damages
There must be economic or non-economic damages directly related to the injury caused by the medical professional's negligence. This means that the professional can be held liable for lost wages, additional medical bills, damage to future earnings capability, or pain and suffering.
Common Types of Medical Malpractice
There are many types and variations of medical malpractice and each individual situation is different. There are, however, some common types of medical malpractice.
Emergency Room Errors
Missed Diagnosis
Delayed Diagnosis
Anesthesia Errors
Postoperative Negligence
Sanitation and Sterilization Negligence
Medical Device Failure
Statute of Limitations
A local - Akron, Ohio Law Firm - committed to representing the injured with expertise required to successfully navigate medical malpractice issues.
Ohio limits the amount of time you have to file a medical malpractice lawsuit. This time limit is known as a statute of limitations. In most cases, medical malpractice lawsuits must be filed within one year.
"There are few people you trust more than your health care provider. Unfortunately, sometimes that trust is betrayed intentionally or negligently. Either way, you have rights as a patient."
