Last updated on November 21st, 2023
Doctors usually have your best interests at heart. They try to find the course of treatment that’s right for your condition and goals. Of course, doctors can make mistakes just like everyone else. Here’s all you need to know about how can an Ohio medical malpractice lawyer can help you.
Medicine is a complicated field; that’s why doctors have to attend so many years of school. It’s often difficult to make the right medical decisions, especially in a high-pressure situation. Sometimes doctors are overworked and exhausted and make an error. Sometimes, the mistake isn’t so innocent – maybe the doctor has ties to a pharmaceutical company that motivates him/her to choose treatment options that aren’t the best for you. Unfortunately, a doctor’s error can have serious consequences for your health. If a doctor’s mistake harmed you, you may be entitled to compensation.
Medical negligence occurs when medical providers fail to fulfill their professional obligations. It can also arise when a healthcare provider deviates from the standard of care prescribed in the profession and causes an injury to a patient.
Medical negligence cases are complex, with a high burden of proof, which explains why they generally take longer to settle.
Even so, medical negligence plays a crucial role in highlighting and holding dangerous health malpractice into account.
A personal injury attorney must demonstrate the following aspects for a medical negligence claim to succeed:
First, the victim must prove that there was a relationship between a healthcare provider and a patient or a medical practitioner and a patient. Establishing a patient-healthcare provider relationship confirms that they owe you a duty of care during treatment.
Evidence of duty of care could be as minimal as medical records. If a patient sustains an injury due to inaction or action, the medical provider is deemed to have breached that duty of care and could be liable for damages.
It is a direct action or inaction by a healthcare professional that causes harm or injury to a patient in their care. Examples of such actions include misdiagnosis, operating a wrong body part, or causing an avoidable disfigurement.
Dereliction occurs when a medical professional accidentally or deliberately fails to follow the established professional standards, causing the patient to suffer an injury—for instance, a patient with an infection or a complication due to unhygienic treatment conditions.
Healthcare providers sometimes refer to dereliction as deviation from acceptable standards of care.
Victims of medical negligence should also prove that they suffered physical, psychological, or financial damages related to the injury.
According to a recent Johns Hopkins study, patient safety experts estimate that at least 250,000 people die each year due to medical errors in the United States. As such, medical malpractice is the third cause of death in the country, surpassing respiratory illnesses, which kill 150,000 people.
Although death is the hallmark of medical errors, victims may also endure complications, injuries, and severe infections. If you believe you’re a victim of medical malpractice, consult an experienced medical malpractice attorney about your legal options.
Here are the common types of medical malpractice:
A surgeon has a duty of care to your health and your life. They’re, therefore, medically and professionally responsible when operating on your body. Unfortunately, some surgeons are negligent and may cause severe injuries.
A surgical error violates the standard duty of care, and here are some common surgical errors:
If a doctor takes too much time to diagnose a problem, it might be too late to fix it. Delayed diagnosis means a medical professional failed to make a diagnosis or struggled to establish the cause of a condition.
Unfortunately, delayed diagnosis means the doctor won’t take timely intervention, which may worsen the condition. A patient must prove that the doctor’s diagnosis was less competent than it should have been to receive compensation.
Delayed diagnosis may qualify as medical malpractice if the doctor’s initial diagnostic assessment falls below the standard of care. For instance, a doctor who fails to order a diagnostic test or inaccurately interprets an image scan may qualify as malpractice when a patient sustains injury or harm.
Although welcoming a baby is one of the most cherished moments, sometimes healthcare professionals are negligent and cause birth injuries. Unfortunately, birth injuries can cause a mother’s or baby’s death.
Examples of medical malpractice that causes birth injuries include:
Doctors use medication as part of the treatment plan. Unfortunately, a healthcare provider may order the wrong prescription, which can be a source of severe side effects or complications. For instance, a medication error can cause a drug interaction with a medicine that you’re already taking.
Some drug interactions make the treatment plan less effective. In other instances, drug interactions are potentially dangerous. For example, if you have hypertension, taking cold medications containing decongestants exposes you to a risk of high blood pressure.
You’ll need to prove negligence in the prescription process, whether written or filled, to obtain compensation due to medication errors.
Victims of medical malpractice face extensive physical suffering, with others enduring long-lasting emotional trauma. When you factor in emotional trauma and lost wages, it is clear why a single malpractice incident can be a huge and lifelong setback.
However, you can mitigate these consequences if you file a lawsuit that results in compensation. Most victims find navigating the murky waters of medical negligence claims frustrating.
Here’s a simple guide to creating an understanding of the different types of settlements available in medical malpractice settlements:
Economic damages refer to direct costs that arise as a result of the injury. If a clear price tag can be attached or estimated to a given concern, it falls in the economic damages label.
Examples of economic damages include:
It is a form of compensation for non-financial losses you experience due to the injury. Non-economic damage caters to injuries where it is impossible to attach a specific receipt.
There are different forms of non-economic damages you can receive compensation depending on your situation, including:
The court may seek to punish the offenders if medical malpractice involves risky behavior or malicious intent. The role of punitive damages is to prevent a future reoccurrence of the issue.
Medical malpractice is complex because medical professionals are human and are bound to make mistakes. However, hiring a medical malpractice attorney can help you get compensation to aid your recovery from the injury.
Working with an attorney can help your case in the following ways:
It is easier to process a medical malpractice claim with an understanding of the case. Fortunately, a medical malpractice attorney is highly knowledgeable and experienced in medical negligence.
An attorney will, therefore, evaluate case factors, including the nature of the injury, quality of life lost, cost of follow-up treatment, and loss of income.
Whether dealing with a health center or an insurance firm, your medical malpractice attorney will fight for the most desired outcome. The attorney will apply tried and tested strategies when dealing with an insurer or an at-fault party to obtain a fair settlement amount.
A medical malpractice attorney is an intermediary between the insurance company, medical professionals, and you. It may also be difficult to process a medical malpractice claim while dealing with the pain of an injury or loss of a loved one, highlighting the need to hire an attorney.
The attorneys at Dyer, Garofalo, Mann & Schultz have years of experience dealing with medical malpractice suits. We understand that medical troubles are frightening and overwhelming. We realize the pressure that a growing pile of medical bills puts on you. We know that money can’t undo your suffering, but it can at least alleviate the stress of paying for your treatment. We’ll fight to ensure you’re fairly compensated if a doctor mishandles your treatment. We work on a contingent fee basis so you won’t have to pay a penny out of pocket – the consultation is free and we won’t get paid unless you win your case.
Please, contact us online to speak to one Ohio medical malpractice lawyer about your case to start right away.
Prior to forming Dyer, Garofalo, Mann & Schultz, Doug worked as a bodily injury claims adjuster for a large insurance company. This unique experience has been a tremendous asset to Doug in his fight to achieve maximum cash settlements for his clients in minimum time. Since departing from the insurance company, Doug has dedicated his entire legal career to helping injured clients when they need it the most.
If you or a loved one has been seriously injured, please fill out the form below for your free consultation or call us at 1.937.222.2222
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