Medical malpractice causes serious problems for anyone it affects. Disability, injury, and even wrongful death are some of the consequences that come from medical malpractice. On top of physical problems, these injuries can cause emotional and financial distress for victims and their families. Our Cleveland medical malpractice lawyers can help you earn compensation for those injuries.
If you or your family has been hurt by medical malpractice or medical negligence in Ohio, you deserve legal compensation to help you recover. Our experienced personal injury lawyers will be with you every step of the way on your journey to justice.
To help you better understand the terms of building and filing an Ohio medical malpractice claim, we have provided the following information. We have also described how working with an experienced medical malpractice attorney will increase the success rate of your case.
What is Medical Malpractice?
What is the Difference Between Negligence and Malpractice?
Medical malpractice is a segment of personal injury law where an individual can sue a responsible medical provider for damages caused by insufficient or harmful care. Damaging medical care can happen for a number of reasons. However, the most common reason is negligence that results in a medical professional providing service below the typical standards of care.
While negligence and malpractice are almost interchangeable, the difference lies with the cause of intent. When patients are harmed unintentionally due to a treatment error, that is medical negligence. In contrast, medical malpractice occurs when a medical professional fails to provide proper care for the patient.
What Kind of Cases Count as Medical Malpractice?
Preventable injuries that typically stem from medical malpractice include birth injuries, traumatic brain injuries, cerebral palsy, cancer misdiagnosis, and paralysis. These cases are typically very tragic and in order to qualify as a legitimate legal claim, you must have sustained a significant injury due to insufficient care. Additionally, some medical malpractice cases may result in the wrongful death of a loved one.
Cleveland Medical Malpractice Claims and Lawsuits
In fact, preventable medical errors are one of the leading causes of death and injury in the United States. The National Academy of Sciences’ Institute of Medicine reports that more than 225,000 people die every year because of medical negligence. With that being said, medical complications may still occur by no fault of the provider or hospital.
In order to file a successful medical malpractice claim or lawsuit, there must be proof. Usually, proof of malpractice must show that a provider violated their duty of care. This evidence must also show reasonable causation between the malpractice and the patient’s injury.
As you manage any injuries or damages that came from medical malpractice, it can be difficult to think of filing a malpractice suit. However, the sooner you can begin organizing a claim, the better. Working with a Cleveland medical malpractice attorney will help you uncover further evidence that can support your case.
How To Know If You Have a Medical Malpractice Case
As mentioned above, you must have proof that the malpractice occurred.
It may seem obvious, but the first requirement for filing a medical malpractice lawsuit is a doctor-patient relationship. When doctors agree to treat a patient, they have a responsibility called the duty of care. Legally, a doctor must have an established duty of care through agreements with the patient in order to be tried for the care provided.
The next requirement on the part of the plaintiff is to prove a breach of the doctor’s duty of care. In order to show the breach of care occurred, you will need the expert opinion of another medical professional who would be familiar with the circumstances of your treatment. In discussions with the expert, we will investigate and examine the available resources, treatment tools, facilities, knowledge of your condition and any other factors surrounding your treatment to determine if your physician met their duty of care.
If filing for a medical malpractice injury, you must have sustained an injury obviously connected to the malpractice. Typically, this should be verified by a medical expert. Next, the injury must be clearly linked to the damages you sustained.
Damages for a personal injury or medical malpractice case include:
- Medical bills
- Physical therapy
- Physical pain and suffering
- Emotional pain and suffering
- Loss of wages
- Loss of mobility
Additionally, if the medical treatments needed to repair your injury cost more than general damages awarded, a judge may award you special or punitive damages. Special damages are usually recommended after assessment by a medical expert, while punitive damages are meant to punish the plaintiff for repeated or especially bad cases of malpractice.
Types of Cleveland Medical Malpractice Lawsuits
Anesthesia Malpractice
There are a few types of major errors that can happen during the process of anesthesia. Anesthesia malpractice could be mistakes and errors and the most common types of mistakes while administering anesthesia could be giving the wrong dosage of anesthesia, either too much or too little.
Failing to monitor the patient properly, failing to recognize the complication if the patient is developing, accidentally or intentionally turning off alarms on the pulse oximeter which also measures the patient’s oxygen level in the blood. Medical malpractice can occur in many different ways and levels.
Emergency Room Errors and Malpractice
Emergency Rooms are frantic and stressful environments. The most life-saving actions are performed under unimaginable pressure. However, this pressure can also lead to errors and even medical malpractice.
The most common issues that result in emergency room errors include:
- Misdiagnosis
- Medication errors
- Misread test results
- Inaccurate tests
- Delayed or failed condition treatment
- Improper or contaminated blood transfusions
Misdiagnoses and Delayed Diagnoses
Failure to diagnose or misdiagnosis for illness or injury are the most common causes of medical malpractice lawsuits. Even though misdiagnosis does not always apply to medical malpractice, it can lead to serious health issues and even death.
Delayed diagnosis error is when the medical professional eventually finds the correct diagnosis after a long time. While the patient waits for the right diagnosis, they may undergo unnecessary treatment. Improper treatment can sometimes cause pain, suffering, and more costs. Patients that have been misdiagnosed or have a delayed diagnosis are often unaware that they have a right to file a lawsuit.
If you think you have been misdiagnosed, speak with one of our medical malpractice attorneys at The Cochran Firm Cleveland office.
Surgical Errors
The most common surgical errors include:
- Wrongful or accidental nerve damage
- Incision mistakes
- Operating in the wrong area
- Leaving materials inside the body
- Accidental organ damage
These are only a few examples of complications that can occur during an operation. Some surgeons and hospitals may have liability protections that prevent malpractice lawsuits for these damages. However, every case is different. If your case involves one of these complications, visit with one of our lawyers and we will help you evaluate your case.
How Long Do I Have To File a Medical Malpractice Claim?
In order to file a medical malpractice case, the case must be filed within a time limit called the statute of limitations. In Ohio, the statute of limitations for medical malpractice cases is one year from either when the injury was discovered or the last day you were treated by the negligent medical provider. There are some exceptions, but if you have experienced an injury from medical malpractice, you should begin compiling your case right away.
Why Work With Cleveland Medical Malpractice Lawyers
At The Cochran Firm, all of our highly-experienced Cleveland medical malpractice attorneys are dedicated to providing quality legal representation to injured people and their families.
Our founder, Johnnie L Cochran Jr, dedicated his practice to defending the underdog. His passion was giving injured people get the compensation they deserved. We honor his legacy every day through our practice.
If you have been injured by medical malpractice, come visit The Cochran Firm in Cleveland, Ohio. We offer FREE consultations with no obligation. You don’t have to keep hurting. Together we can get you the financial compensation you need to recover from medical injuries.