Are You a Victim of Medical Malpractice?
Medical malpractice lawsuits are one of the most painful personal injury cases. Because of medical providers' negligence and mismanagement, patients' lives are at the mercy of death.However, it's wise to pursue a case head-on with legal guidance because facing a medical malpractice lawsuit is different. As such, we are working with lawyers specializing in medical malpractice is your best bet to win the case.With its complex nature, medical malpractice cases come with countless nuances. So before you Google search "medical attorney near me," stop and think for a moment. Are you a victim of medical malpractice, and if so, on what grounds?This article will help Ohio victims understand the fundamentals of medical malpractice. We'll attempt to understand its legal nature and answer frequently asked questions to help your case better.
Legal Elements of Medical Malpractice in the U.S.
The legal elements of medical malpractice only come secondary to its definition. So, what is medical malpractice?Medical malpractice occurs when a healthcare entity causes patient harm, injury or death due to a negligent act or omission. Specifically, medical malpractice happens when a healthcare provider:
Neglects to provide the suitable treatment
Omits to take the appropriate action
Provides a substandard treatment
Medical malpractice cases can be complex. As a result, it is crucial to have an experienced lawyer who understands how to navigate these legal proceedings. But generally, the above are the primary things that medical malpractice lawyers in Ohio want to know first.However, what solidifies your case is the presence of the four legal elements surrounding medical malpractice. Unless the alleging patient proves these four metrics, they won't have a successful medical malpractice claim.
The existence of a legal duty on the part of the doctor to provide care or treatment to the patient
In a civilized society, every person owes a duty of reasonable care for their surroundings. And this concept extends to the medical profession. Victims must first prove that the doctor owes them a duty of proper maintenance.
Breach of this duty because the treating doctor failed to adhere to the standards of care in the profession
To prove a breach of duty, victims must define the standard of care specific to the case. This can be elusive in its application as the standard changes depending on the jurisdiction. In some cases, expert witness testimony is required to explain the nuances to the deciding jury.
A causal relationship between the breach of duty and the patient's injury
Legally, a breach of the standard of care is meaningless unless it causes an injury to a patient. As a result, the patient must connect the medical misconduct and the subsequent injury. Direct or proximate causation may be legally sufficient to support the medical malpractice case.
The existence of damages that flow from the injury that the legal system can provide redress
This portion focuses primarily on monetary damages to compensate the injured party. Punitive damages are rare in such cases.Prove these legal elements, and you have a solid medical malpractice claim.
Medical Malpractice FAQs?
If I knew the risks associated with my operation, I would have said no to it. Can I sue my doctor?It depends. Doctors have the legal duty to inform patients of the serious risks involved in a procedure. They often need informed consent before proceeding, considering the risks. However, doctors are not required to inform every risk, only the crucial ones. To determine whether the doctor should disclose the risk or not, the court uses two standards:
Would another competent doctor disclose such risk?
Would another patient decide differently upon knowing the such risk?
Can I sue the hospital if my doctor commits an error while treating me?
Probably not, because hospitals are not responsible for a doctor's medical malpractice. Doctors are individual contractors, not employees. However, there are nuances to this rule:
A hospital might be responsible if they fail to inform patients that doctors are not employed.
The hospital may be sued for an ER doctor's medical malpractice when the patient is treated in the emergency room.
Sometimes, you may sue hospitals when the institution grants staff privileges to incompetent or otherwise dangerous doctors.
The nurse gave me the wrong drug, which led to my injury. Who do I sue?
More often, the hospital is legally and financially responsible during nursing malpractice cases, especially since nurses are employees. However, even the attending doctor may be sued for several reasons:
The doctor was present and could have prevented the injury
The doctor did not maintain proper control over the nurse
Medical malpractice is a legally taxing business on behalf of medical professionals. But they should consider the weight of their responsibility before committing such an error. If you believe you are a victim of medical malpractice, Sandel Law Firm is here to help. Give us a call so that we can guide you through this legal procedure.