Medical mistake involving permanent injury to a young child.
General Medical Malpractice Information
In Ohio, What Do I Need To Prove In A Medical Malpractice Lawsuit?
A doctor-patient relationship existed
You must establish that you had a doctor-patient relationship with the medical professional in question.
The medical professional breached the standard of care
You must show that the medical negligence breached the standard of care. Medical professionals are held to a higher standard and if they injure a patient, they will be subjected to medical malpractice. Medical malpractice cases must prove that another reasonably skilled medical professional would not have erred under similar circumstances. Examples include performing surgery on the wrong body part, surgery that lead to the death of a patient, failure to diagnose cancer, and more.
The breach caused your injuries
You must prove that the doctor’s breach of the standard of care directly caused your injuries. With my experience as a medical malpractice lawyer, I’ll prove the cause and effect.
You suffered damages
Show you have suffered actual damages, such as physical or emotional harm. Medical malpractice claims are filed to recoup medical expenses, lost wages, or other economic or non-economic damages.
You file within the statute of limitations
In Ohio, you typically have one year from the date of the medical malpractice incident to file a lawsuit.
The Most Difficult Elements Of A Medical Malpractice Case
Proving a medical malpractice claim can be a complex and challenging process for lawyers. There are several elements that must be established to prove with a preponderance of the evidence that medical malpractice occurred. Here are the most difficult elements any malpractice lawyer may face when trying to prove a medical malpractice claim:
Causation
One of the most challenging elements to prove in a medical malpractice claims is causation. This involves establishing a direct link between the healthcare provider’s negligence and the patient’s injury. Proving causation can be challenging because medical malpractice cases often involve complex medical and technical scenarios. Establishing a direct causal link can therefore be very difficult.
Standard of care
To establish medical malpractice, lawyers must show that the healthcare provider failed to meet the appropriate standard of care. Proving this element can be difficult because it requires expert testimony to establish what the appropriate standard of care should be. The expert must also show how the healthcare provider deviated from the standard of care and caused injury.
Damages
In a medical malpractice claim, it is important to establish that the patient suffered harm as a result of the doctor’s negligence. It also is very helpful for the damages to be quantifiable. The injured party should always (when possible) document all medical procedures, follow-up office visits, physical therapy and occupational therapy appointments, lost earnings and more. Documentation helps to prove the amount of damages that should be awarded.
Obtaining medical records
Medical records are essential to establish what went wrong and how the injury occurred. However, obtaining medical records can be a challenging process for patients. Medical records can be complex, and not all medical professionals are willing to release them. With the help of a medical malpractice attorney, like myself, medical records can be obtained more expeditiously.
Legal requirements
There are unique legal requirements that medical malpractice claimants face. These requirements can include notice-of-claim requirements, pre-lawsuit review panels, and special filings like the “certificate of merit.” These requirements may add complexity to the legal process and make it challenging to prove the case.
Having more than 40 years of experience working with Ohio law as a medical malpractice lawyer, has allowed me to become extremely familiar with the complex legal requirements. I have a long winning history for favorable medical malpractice settlements. I have also been successful in proving medical negligence for hundreds of clients. If you have a case, call me, and let’s discuss. At the end of the day, I’ll Make Them Pay!®
Certificate Of Merit
A certificate of merit is a document required in some states, including Ohio, for a plaintiff to file in a medical malpractice claim. It is a document that must be completed by a qualified medical expert who attests that the plaintiff’s claim has merit. The certificate must also include that the plaintiff’s healthcare provider failed to the provide the appropriate standard of care.
Under Ohio law, a certificate of merit is necessary because it helps to weed out frivolous medical malpractice claims. The certificate of merit requirement ensures that only claims with merit proceed to trial or settlement out of court. It also helps to ensure that only qualified medical experts offer opinions on the merits of a case.
In Ohio, a certificate of merit must be filed with the court along with the initial complaint. If the plaintiff fails to file a certificate of merit, or files a certificate that does not meet the legal requirements, the court may dismiss the case.
There are many steps to be taken when filing a medical malpractice lawsuit. There is a great deal of paperwork that must be compiled and submitted in a timely manner. Furthermore, every document must be filled out correctly. As a medical malpractice lawyer, I’m here to help you with every step of the way.
Most Common Medical Malpractice Complaints
Misdiagnosis or delayed diagnosis
This occurs when a doctor fails to correctly diagnose or timely diagnose a medical condition. The delayed treatment can potentially worsen the patient’s condition.
Surgical errors
If a doctor makes a mistake during a surgery, such as operating on the wrong body part, a medical malpractice case is certainly warranted. Leaving surgical instruments inside of the patient’s body, causing infection or damage to surrounding organs or tissues may necessitate the need for further medical care.
Medication errors
Sometimes, a doctor prescribes or administers the wrong medication or dosage of medication, which can cause harm to the patient, and additional medical expenses.
Birth injuries
Birth injuries occur when a medical professional causes harm to a newborn during delivery. This can result in conditions such as cerebral palsy or Erb’s palsy. Often, these injuries result in the need for life-long medical care.
Anesthesia errors
This occurs when a doctor administers too much or too little anesthesia. If the doctor fails to monitor the patient during anesthesia, or uses improper technique, it can result in serious harm or death.
Failure to obtain informed consent
The surgeon may fail to adequately inform a patient of the risks and benefits of a medical procedure. If the patient suffers harm as a result, they may be able to file a medical malpractice lawsuit.
Whether you went to see your primary care physician, or went to a local hospital, you should receive the highest quality of care. It is both physically and mentally challenging to deal with the repercussions from medical negligence. If you or a loved one has suffered harm because of a reckless or unqualified doctor, call me as soon as possible and I’ll Make Them Pay!®
