Human error is inevitable at some point in most every circumstance. However, when mistakes are made by medical personnel treating patients, these mishaps can literally mean the difference between life and death. Medical mistakes can include operating on the wrong area of a patient's body, birth injuries caused by improper prenatal care, and prescribing the wrong medication (or the wrong dosage of the correct medication). When medical errors occur, many patients can pursue compensation under the law for injuries they sustained as a result of the hospital or doctor negligence. However, obtaining compensation in the legal system for these types of injuries is much easier said than done.
Do I Have an Ohio Medical Malpractice Case?
Medical malpractice lawsuits, including Ohio medical malpractice claims, can be a lengthy and expensive process. In order for patients to win their cases, they must have medical experts testify on their behalf about the mistakes that were made by the medical personnel who provided treatment. And even with this assistance, there is no guarantee that the lawsuit will be successful.
Before a patient considers suing a doctor for malpractice a few important questions should be asked:
- What injuries were sustained? Injuries are not easy to prove because patients usually don't seek care initially if they don't already have an existing problem. In order to win a lawsuit, patients must be able to prove that their condition was worsened as a result of the medical care that they received.
- Was the injury caused by negligence and a standard of care that fell below the industry standard? Medical professionals are expected to meet certain standards accepted throughout the profession. Medical malpractice plaintiffs must prove that these standards were not adhered to during their care. In addition, plaintiffs must show that their injuries would not have occurred but for the negligence of the medical professional.
- Did the injuries cause damage? It's not enough to have suffered an injury that was caused by a medical professional's mistake. Patients must also prove that they suffered damages as the result of the injury. In order to do this, patients must present evidence that the injury suffered caused then to lose income, become disabled or amass a significant amount of medical bills.
- When did the injury occur? Every state has a statute of limitations-the maximum time subsequent to the event that legal action can be commenced-for filing a medical malpractice suit, so be sure that you know what that timeframe is where you live.
Speaking with an experienced medical malpractice attorney is recommended. A lawyer can assess the facts and circumstances of the case and determine the appropriate course of action.
