As mentioned above, you must have proof that the malpractice occurred.
How Do I Prove Malpractice?
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.
You Must Show the Breach of Duty of Care
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.
Victims Must Have Sustained Serious Injury
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.
What Damages are Awarded For Successful Cases?
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.
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:
- 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.
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.