Medical Malpractice Guide
Medical Malpractice Guide
Think back to a minute ago. What were you thinking about? Was your stomach grumbling, so were you thinking about what you were going to make for lunch? Or did you stifle a yawn because you’ve been up since dawn and thinking about how nice it’ll be to crawl between the sheets and grab some sleep. Perhaps your dog was chasing its tail, and you were chuckling to yourself in amusement at its silly antics.
But here’s the thing: I bet you weren’t thinking about your health.
Honestly, most people don’t spend much time thinking about their health. A cough or a sniffle can come and go without more than a cursory “gesundheit!” before you move on. But when you suddenly sustain a serious injury or illness, your health may be all that you can think about. When these moments arise, you turn to your doctor.
Many people put their doctors on a pedestal, seeing them as infinite founts of medical knowledge. However, it could be a very dangerous and costly mistake to blindly trust your doctor. We all make mistakes; that’s what makes us human. When you make a mistake, though, it may mean you forgot to set the chicken out for dinner, or you forgot to put your laundry in the dryer and now you have wet socks.
When your doctor makes an error in judgement, lives can be suddenly and permanently changed. People can die or serious health complications can arise. Disfiguring injuries can occur. There simply isn’t much wiggle room for a doctor to make a medical mistake.
When your doctor makes a mistake, it’s called “medical malpractice” and the repercussions can be devastating. Medical malpractice occurs when a doctor has let you down by not fulfilling their responsibilities. This may be due to an oversight or a malicious act, but it most always leads to the harm of innocent people like yourself.
Some of the most common types of medical malpractice cases are:
Misdiagnosis: This is when the doctor fails to catch a problem, or catches it, but incorrectly identifies it, then they are guilty of misdiagnosis.
Prescription drug errors: This occurs when they harm you by prescribing either the wrong medicine or the wrong dose, or fail to recognize dangerous interactions between medicines.
Surgical errors: If your doctor performs surgery on the wrong area, or they leave tools inside you after your procedure, then they have committed a surgical error.
Birth injury: This can happen to either the baby or the mother and includes problems like preeclampsia, cerebral palsy, and even death.
If you suspect that you or someone you love is a victim of medical malpractice, the first thing you need to do is call me right away for your free case review.
Understanding The Elements Of A Medical Malpractice Claim
Familiarize yourself with the four elements typically required to establish a medical malpractice claim: duty of care, breach of duty, causation, and damages. These elements form the basis for demonstrating that the healthcare provider failed to meet the expected standard of care, which resulted in harm or injury.
Duty of care
Medical duty of care is the legal and ethical obligation healthcare professionals have to provide a standard of care expected within their field. It encompasses the responsibility to act in the best interests of patients, ensuring their safety, well-being, and appropriate treatment. This duty extends to all levels and professions within the healthcare system. Breach of the duty of care can lead to medical malpractice lawsuits.
Breach of duty
Medical breach of duty is failure of a healthcare professional to meet the expected standard of care owed to a patient. It occurs when there is a deviation from the recognized medical practices or medical negligence. Also, failure to provide appropriate treatment, resulting in harm or injury to the patient. To establish a breach of duty, medical malpractice law requires that evidence must be presented to demonstrate that the healthcare professional’s actions fell below the acceptable standard of care.
Causation in a medical malpractice case refers to the link between the healthcare provider’s negligence and the harm suffered by the patient. To prove causation, it is necessary to establish that the injury or loss would not have occurred if the healthcare provider had met the expected standard of care.
Damages can include both economic damages, such as medical expenses and lost wages, as well as non-economic damages, such as pain and suffering. If your hospital stay was extended and your bill was higher as a result as a result of a medical error, you have the right to obtain compensation through a medical malpractice suit.
Gather Medical Records
Collect all relevant records related to your case, including medical history, test results, treatment plans, prescriptions, and any other relevant documentation. These records will help establish the timeline of events and provide evidence of any medical negligence or mistakes.
Consult With Medical Experts
Medical malpractice cases often require expert testimony to establish the standard of care. This must show that the healthcare provider’s actions deviated from that standard. It is crucial to consult with medical experts who can evaluate your case and provide an opinion on whether there was a breach of duty and causation.
Compile documentation of the damages you have suffered that are considered medical malpractice. This may include medical bills, receipts for out-of-pocket expenses, and records of lost wages or diminished earning capacity. The evidence of the physical, emotional, or financial impact caused by the health care professionals helps strengthen medical malpractice claims.
Adhere To The Statute Of Limitations
In Ohio, there is a one-year statute of limitations and it is important to understand and adhere to the applicable time limit. Failure to file within the prescribed time frame may result in the loss of your right to sue the medical provider.
Break Up With Your Doctor
When planning to file a medical malpractice lawsuit against a doctor, it is important to consider the following reasons why breaking up with your doctor may be necessary:
Conflict of Interest
Continuing with the same doctor while taking medical malpractice action can create a conflict of interest. The doctor may prioritize their defense in the lawsuit over providing unbiased medical care, potentially compromising your well-being.
It is crucial to seek a second opinion from another healthcare provider to evaluate your condition, treatment, and potential medical malpractice liability. An independent evaluation can provide a fresh perspective and serve as valuable evidence in your lawsuit.
Preservation of Medical Records
Leaving the doctor’s office ensures that you have access to your complete medical records, which are vital for building your case. Obtaining copies of your records, including test results, treatment plans, and any relevant correspondence, is essential before severing ties with the doctor.
What To Take From The Doctor’s Office
When leaving the office for the last time, it is important to ensure you have the following information:
Take note of your doctor’s full name, office address, phone number, and email address. This information will be necessary for communication during the legal process.
Documentation of Previous Interactions
Gather any relevant documentation, such as previous medical records, test results, appointment summaries, and written correspondence with the doctor. These documents can help support your medical negligence claims and provide a comprehensive medical history.
Details of Treatment and Complaints
Make a record of your treatment history, including dates, procedures, medications prescribed, and any complaints or concerns you raised during appointments. These details will be essential when discussing your case with a new health care professional or attorney.
Get A New Doctor
When filing a medical malpractice suits against your old doctor, it is important to get a new doctor for several reasons:
A new doctor can provide an objective evaluation of your condition, treatment, and any potential medical malpractice. They can offer an unbiased opinion and assist in determining the extent of the harm caused by the previous doctor’s medical errors.
Transitioning to a new doctor ensures that you receive ongoing health management and treatment while pursuing your medical malpractice claim. This new doctor can help manage your condition, provide necessary medical interventions, and monitor your progress throughout the legal process.
When medical malpractice occurs, a different doctor can serve as an expert witness in your medical malpractice claim. They can testify regarding the standard of care, how the previous doctor’s actions deviated from that standard, and the resulting harm or injury you experienced. Their expert opinion can significantly strengthen your case.
How Your New Doctor Can Help With Your Case
Your new doctor can support your medical malpractice claim in the following ways:
Your new doctor can thoroughly document your condition, treatment, and any subsequent complications or adverse effects. Their medical records will serve as valuable evidence in your claim, establishing a clear timeline of events and how the medical negligence impacted your health.
As mentioned earlier, your new doctor can provide an expert opinion on the standard of care and how the previous doctor’s actions deviated from it. This opinion can help establish the element of negligence in your claim.
Referrals to Specialists
If necessary, your new doctor can refer you to other specialists who can provide additional evaluations or treatment. These specialists can contribute their expertise and opinions to further strengthen your claim.
Do Not Let Fear Keep You From A Medical Malpractice Claim
Don’t let fear of challenging the medical system hold you back. I don’t care if your doctor was a small-town practitioner or they worked in the largest hospital in the city. I take on Big Cases with Big Results. I’ve served the greater Northeast Ohio area for more than 40 years and now I’m ready to represent you. When you choose me as your medical malpractice lawyer, I will work to prove the following:
You were under the care of your doctor.
Your doctor was negligent.
You were harmed because of this.
The harm negatively impacted your life.
Call Me To Discuss Your Medical Malpractice Lawsuit
I am a highly experienced medical malpractice attorney, and I’m available to talk to you day or night. It is devastating when the doctor you trusted made mistakes that left you with new pain and unnecessary medical bills. I am here to help you!
I’ll Make Them Pay!®
After a medical malpractice injury, your life is a constant onslaught of stress, pain, recovery, and medical bills. To make it even worse, you may not even be able to work anymore due to this. I know that this is a hard time for you, which is why I’m going to represent you without charging you a single dime. Instead, I’ll work on a contingency basis, which means that I don’t get paid unless you do. And please do not worry about how you’re going to pencil in a consultation with me when you’re so busy. I’ll come to you, on your time, whether it’s at the hospital or in your home.
I’ll also give you my personal cell phone number so you can call me with any questions or concerns you may have. You can reach out to me 24/7 and yes, I will answer. If you’ve been hurt by medical professional — whether it was a doctor, a nurse, or even a pharmacist — I’ll get you the financial compensation you deserve for your pain and suffering, and I’ll Make Them Pay!®
DISCLAIMER “Please understand the slogan, I’ll Make Them Pay!® is not a guarantee of payment. Both liability and real damages must be proven with a preponderance of the evidence.”