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How do I Know if I Have an Ohio Medical Malpractice Claim?

by onMay 19, 2020

If you or a loved one were injured due to something a doctor or other medical professional did, you may be wondering how to file a lawsuit. However, not all mistakes that happen with doctors and other medical professionals constitute medical malpractice. 

Medical malpractice happens when a doctor, hospital, or other health care professional causes injury to a patient through an omission or a negligent act. These errors may occur as the result of an error in diagnosing the patient, treatment, aftercare, etc.  

A medical malpractice claim is one of the most complex Ohio personal injury claims you can file. You do not want to attempt to negotiate this alone. You need the expertise of a skilled Ohio medical malpractice attorney who can help.

What is Medical Malpractice?

To reach the threshold of medical malpractice, the claim must meet certain characteristics including:

  • Standard of Care Violation: Each medical profession has certain standards that are recognized as reasonably prudent and acceptable medical treatments. It is typically referred to as the standard of care. Patients receiving medical treatment expect their doctors and health care professionals to act in a manner that is consistent with these applicable standards. Failure to do so can be deemed negligence.
  • Plaintiff Suffered Injuries: Just violating the standard of care is not enough to bring a claim. You must have been injured by this violation. You must show that your injury would not have resulted if not for the breach in the standard of care.
  • There Must be Damages: If the standard of care was violated and you were injured, it is still not enough for a legal claim. You must also have suffered damages, which means you should have something quantifiable like disability, loss of earnings, medical expenses, financial hardship, and more.

Common Types of Medical Malpractice Claims

Medical malpractice claims can take many forms. Every case is unique because the circumstances are different. Some examples of possible medical negligence that could result in a medical malpractice claim include: 

  • Misreading or ignoring lab results
  • Failure to diagnose or misdiagnosing
  • Premature discharge
  • Wrong surgical site or other surgical errors
  • Ignoring or misinterpreting lab results
  • Failure to recognize a patient’s symptoms or order proper testing
  • Poor aftercare or follow-up care
  • Giving an improper medication dose or wrong medication entirely
  • Unnecessarily operating
  • Disregarding patient’s history
  • Birth injuries

Contact an Ohio Medical Malpractice Attorney 

If you suspect that you are a victim of medical malpractice, it is important to reach out to a skilled Ohio medical malpractice attorney right away. The sooner you retain an attorney, the sooner they can start gathering evidence to help you present the strongest case possible. Contact Lafferty, Gallagher & Scott, LLC today to schedule an initial consultation.

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