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Medical Malpractice

Medical Malpractice

A medical malpractice suit can be brought about by the injury of a patient duringmedical-malpractice-300x200.jpg treatment by a medical professional such as a doctor or nurse, or by the hospital or institution where the incident occurred. There must be proven a breach in the standard of care the patient should have received and the violation of it by the health provider. Standard of care refers to the practices and procedures that another might have provided for this particular ailment in your area, factoring in the patient's age and general health. When there is a failure to provide a reasonable standard of care due to medical negligence, you need to hire a reputable Ohio attorney to represent you. There is a statute of limitations that applies to medical malpractice claims, generally one year from the time the injury is or reasonably should have been, discovered or the doctor/patient relationship for the condition in question comes to an end. Regardless of when the injury is discovered or the relationship ends, all medical malpractice cases must be filed within four years in Ohio, and your attorney will be more than aware of your time frame and what you need to file and win your case.

To bring about a successful lawsuit, you and your legal team must meet certain criteria and evidence and testimony must show: there was a doctor/patient relationship; the decisions, treatments or failure to treat fell below a reasonable standard of care that amounted to medical negligence; that there was a causal connection meaning that but for the actions of your medical provider you would not be in the condition you are now in. It may have been an error that resulted in additional complications or brought about new health problems but whatever the error was, it caused the patient a measure of harm; and quantifiable harm, the damages you should be able to recover.

Some of the common situations that arise in a medical malpractice suit are: surgical injuries such as leaving an instrument inside you or amputating the wrong appendage; misdiagnosis or a failure to diagnose a condition they could reasonably be expected to diagnose based on your symptoms and test results; medication errors such as prescribing the wrong medicines, giving to high or low of a dose or not noticing side effects associated with the drug; neglect of a patient and an unclean environment can also lead to patient harm and be the basis of a medical malpractice suit.

Once your attorney has presented your case and proven causation, that "but for" the negligence of the medical practitioner or the hospital the damage or injuries would not have occurred, they enter the damages phase. Proving that the harm done by the negligence actually caused damages they will present medical bills both past and ones expected to continue to add up in the future; lost wages up until now and for the unforeseen time ahead, pain and suffering, emotional distress and possibly punitive damages if the doctor's actions can be proven negligent enough.

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