Medical Negligence

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When a doctor caused your injury

Medical Malpractice Attorney

A medical malpractice attorney helps the victims of medical malpractice gain compensation and justice for their injuries. However, proving a medical malpractice claim can be tricky. This is why having a medical malpractice attorney on your team could make a difference. When you decide on a lawsuit it’s more than just having the right kind of evidence but the right kind of representation.

A small mistake made by a medical professional could become a serious issue. If your injury was caused by a medical professional you shouldn’t have to deal with the cost of that injury on your own. However, proving and gaining the help you need after can be a challenge. When you notice that something has gone wrong there are steps you need to take. First, talk to the medical professional about the injury. In some cases the doctor may try to correct the issue to prevent a potential lawsuit. Next, if this step doesn’t work you may need to try and contact the hospital where the injury occurred. Then, get a second opinion on the injury from another doctor. If you can get another doctor to agree that medical malpractice occurred you’ve gained strong evidence for your case. Finally, talk with a medical malpractice attorney on your case.

Contacting a Medical Malpractice Attorney

If you believe you have dealt with medical malpractice you have a short time frame to turn your case unto a lawsuit. In Ohio, you have only one year. This countdown starts after one of three things happens for you:

1. When the injury was/should have been discovered

2. The doctor/patient relationship (as it pertains to the injury) ends

3. You discover that you have an injury due to medical malpractice attorney

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However, if you feel it may take you longer to collect your evidence you have options. Your medical malpractice attorney may suggest that you send a notice to the medical professional about your claim within the one year period. This will give you an additional 180 days. A lawyer may also suggest that you file a “Rule 41(a) Dismissal”. However, you can only do this option once since it essentially allows you to start over.

Learn More About Medical Malpractice

Recent Guides

We’ll break down everything you need to know about medical malpractice and what you can expect if you decide to take your case to court.

  • Talking with Your Doctor
  • Collecting Evidence
  • When to See a Lawyer
  • Average Settlements

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Medical malpractice happens when a medical professional acts negligently in the care of their patient and causes injury to the victim. For instance, if a doctor rushed a surgery to get to lunch and forgot a tool during a surgery then they would have acted negligently.

For the most part medical malpractice never makes it to a court room. This is because it is generally handled in negotiations between a lawyer and the hospital’s insurance company. 

To start a lawsuit, first collect evidence of your injury and steps you took to have the injury fixed by the negligent doctor. Then meet with a medical malpractice lawyer.

In proving a case of medical malpractice a patient must prove that the 4 D’s of medical malpractice occured in their case.

  1. Duty (the doctor had a duty to care for you)
  2. Dereliction (the doctor deviated from standard care)
  3. Damages (you were injured)
  4. Direct Cause (the damages were caused by the dereliction)

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