Medical Malpractice
During your lifetime you’ll form many different relationships. Perhaps some of the most significant relationships you can have are those with medical professionals, such as a doctor, nurse or chiropractor.
People seek medical help all the time and for various reasons. You proactively schedule annual checkups with your doctor to stay healthy and nip illnesses in the bud. Maybe you’ve developed chronic back pain and surgery is your last resort or you were in a car accident which resulted in an unforeseen visit to the ER.
Whatever circumstances prompted you to seek medical help, you likely trusted you were in good hands and would get safe and effective treatment. While most doctors have the medical expertise and a sense of responsibility to provide good care to their patients, there are some health care workers whose carless attitude can result in serious and sometimes even life-threatening medical mistakes.
If you believe you were the victim of such a mistake, you have every right to seek justice for the suffering you endured.
At the Buckeye Law Group in Cincinnati, we help victims of medical malpractice get the compensation they’re owed for the negligent actions of their doctors and other medical professionals. We’re ready to learn about your situation and help you determine if you have a valid case. Once your medical malpractice case is in the hands of our lawyers, you can rest assured we’ll relentlessly fight for your rights and won’t hesitate to take your case to court if need be.
Medical malpractice occurs when a patient is harmed during a medical procedure or as a result of the treatment they’ve received.
For an injured patient to have a viable medical malpractice case, the following four elements must be established:
To establish the doctor owed the patient a duty of care, the plaintiff must prove a doctor-patient relationship existed between the two. This type of relationship doesn’t always have to be formal or require a contract.
Interestingly, a doctor doesn’t even necessarily need to have physical contact with their patient for a doctor-patient relationship to exist and for the doctor to owe the patient a duty of care.
For instance, if a patient speaks to a doctor on the phone or via teleconference and the doctor prescribes treatment, this is enough to establish a doctor-patient relationship.
A medical malpractice patient must establish a link between their injuries and their doctor’s misconduct. In other words, they’ll need to prove their injury wouldn’t have occurred if it wasn’t for their doctor’s negligence.
For example, if a doctor mistakenly administers too much anesthesia causing a traumatic brain injury, the patient’s legal team needs to prove the TBI wouldn’t have occurred had the anesthesiologist given the patient the correct amount of medicine.
Damages refer to emotional, financial and physical repercussions the patient suffered as a result of the medical malpractice. There are three types of damages potentially available in all types of personal injury claims, including medical malpractice cases:
Doctors aren’t the only medical professionals that can be sued for medical malpractice. It’s not uncommon for the negligence or carelessness of other healthcare professionals to cause injuries, including nurses and pharmacists, physical therapists and mental health professionals.
For example, your doctor may have prescribed you the correct medication, but the pharmacist accidentally filled your prescription with the wrong medication.
You can also sue the hospital for the negligent actions of the medical staff they employ.
If you believe you have a medical malpractice case but you’re not sure where to start, we encourage you to take the first step by contacting the Cincinnati medical malpractice attorneys at the Buckeye Law Group. Our Cincinnati-based law firm is home to some of the most skilled and accomplished personal injury attorneys in the state of Ohio.
Call us today at 1-800-411-PAIN to discuss your case for free.
The Buckeye Law Group Inc. represents people injured in auto accidents, slip and falls, workplace accidents and more in Ohio. Contact us today to learn more.
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