When you or a loved one suffer injuries because of another person’s negligence, recklessness or carelessness, the at-fault party should be held responsible. This is true in events of car crashes, premises liability claims and when the injuries are due to a medical professional’s failure to uphold their duty of care.
Medical practitioners owe a duty of care to their patients. The trust of people in their doctors, nurses and specialists relies on positive results. When doctors fail to uphold their duty of care and people are injured, that trust can erode. It’s vital for that negligence is brought to light and the affected people receive the compensation they’re owed.
Proving medical malpractice isn’t always easy. Healthcare providers and their malpractice insurers have high-priced attorneys, and the law is often written to minimize their liability. It’s important to work with a team of Cleveland medical malpractice attorneys who understand the system and are willing to invest the time and resources necessary to reach a fair conclusion in your case.
It can be difficult to prove medical malpractice cases because negligence is not always clearly visible, and not every bad medical outcome constitutes a breach of duty. The courts avoid discouraging doctors from practicing, so there are many statutes in place to protect healthcare practitioners if there are negative outcomes.
To show negligence in a medical malpractice case you need to identify and prove:
It is often necessary to prove gross negligence in a medical malpractice case. For example, if a doctor writes a prescription for a medication they should have known the patient was allergic to, or one that has dangerous interactions with another medication they should have known the patient was taking, this may constitute a breach in the standard of care. Alternatively, the doctor omitting the side effects of certain medications or not informing patients of the potential risks of prescriptions could also be seen as negligence.
Medical malpractice in Ohio is defined as any situation where a doctor, institution or healthcare professional harms patients by failing to meet the reasonable standard of care.
Standard of care guidelines exist to protect both patients and doctors and to outline parameters for determining fault in medical malpractice cases.
Breaching the standard of care means that the doctor or institution’s actions went against what would be reasonable for properly trained medical professionals to do when providing care to patients in a particular situation. It is intended to take into account how a doctor should act in times of crisis.
When determining fault in medical malpractice claims, insurance adjusters will attempt to invalidate your claim. They may do this by proving that the doctor met the standard of care for the situation or that the patient failed to do something (like inform their doctor of an allergy or follow post-operative care instructions).
To negotiate most effectively, it may pay to have Cleveland medical malpractice attorneys on your team. Our trial attorneys are well-versed in the excuses insurance companies use to undermine legitimate claims. While the standard of care is outlined in Ohio statutes, every situation that counts as a breach of care is not.
Our Cleveland medical malpractice attorneys will evaluate your situation and the strength of your claim. They will pursue the optimal outcome so you can focus on recovering from injuries resulting from medical malpractice.
Our team of medical malpractice lawyers has the experience and commitment to get to the truth of your case. We’ll help you understand your options and ensure you are ready for the potential complexities of the medical malpractice investigation and litigation process. For a free case evaluation, contact our Ohio medical malpractice attorneys at 1-800-411-PAIN or connect with us online.