What To Do After Medical Malpractice
The term medical malpractice is frequently used in relation to when negative medical outcomes occur. However, frankly, a large percentage (even vast majority) of medical events that result in a patient suffering injury, harm or death simply do not involve negligence or malpractice. It is important to note that there are many times when, despite a medical professional’s skill, experience and best attempts, a surgery or other medical care is not successful or a secondary medical emergency proves to be fatal.
However, there are also times when a surgeon nicks a blood vessel, a nurse accidentally administers the incorrect dosage of medication or a doctor misdiagnoses what is later discovered to be a serious illness. If you or a family member has suffered harm, injury, loss or death as a result of a medical professional’s or hospital’s negligence, you deserve answers, justice and just compensation.
Medical Malpractice Claims — What You Need To Know
Legal cases involving claims of medical malpractice are among the most complex of all personal injury matters. If you believe that you may have a medical malpractice case, it is important to have a basic understanding of the legal requirements and restrictions that apply to these types of cases, including:
- Statute of limitations — In Ohio, individuals who believe they suffered harm or injury due to an act of medical malpractice must file a formal claim within 12 months of when they discovered or should have discovered the injury or, at the latest, within four years of the medical event.
- Standard of care — When it comes to medical care, there are certain accepted protocols called the “standard of care.” If a doctor’s or nurse’s actions fall outside the boundaries of what the medical field would consider to be the accepted standard of care and a patient suffers injury or death as a result, a medical malpractice claim may exist.
- Proximate or direct cause — Even if a medical provider may do something outside this accepted standard, a successful malpractice case also requires proof tying and relating the medical error to the ultimate damages suffered. This is known as the “proximate” or direct cause.
- Damages — If your claim results in a settlement or trial victory, you may be awarded damages for your financial losses and pain and suffering.
An Attorney Who Understands How The Other Side Thinks
Medical malpractice cases require the skill of an experienced attorney who has inside knowledge of the other side’s legal strategy and actions. Attorney Jeff Heck’s extensive prior experience working to defend doctors, medical providers and insurance companies who were facing medical malpractice claims and other personal injury lawsuits provides clients with an advantage.