What is medical malpractice?
One of the most common types of personal injury law is medical malpractice, which is when a medical professional harms a patient through their incompetent or negligent delivery of care, resulting in permanent, disabling injuries. Medical malpractice laws vary from state to state, so it is important for you to hire an attorney in the state in which you were injured in order to get the best legal guidance. In order to prove that medical malpractice occurred, your attorney must prove:
- A relationship existed between the medical professional and the patient: The medical professional was hired to treat the patient
- The medical professional was negligent: You must be able to prove that a competent doctor in the same circumstances would have made a different and better decision for the patient.
- The medical professional’s negligence caused the injury: A patient is usually already sick when they seek medical care, so it’s important to show that it is likely that the medical professional’s incompetence is the reason for the injury, rather than the original condition
- The injury led to damages, such as additional medical bills, physical pain, and pain and suffering
Medical Malpractice Damages
Your attorney will help you to develop a medical malpractice claim if you have suffered disfigurement, physical pain, or paralysis. Your attorney can also get you compensation for your financial damages, such as the cost of hiring help at home to do basic things you are no longer capable of doing independently. A medical malpractice attorney will also be able to determine who is legally at fault and liable for the damages you are suing for.
Common Types of Medical Malpractice
Because of the many ways that a person can become ill or injured, there are some common types of medical malpractice that can arise more often than others.
Surgical Errors and Anesthesia Errors
Many occurrences of medical malpractice happen during surgery. Examples of surgical errors include performing an incision on the wrong location, operating on the wrong patient or the wrong body part, damaging nerves during surgery, and leaving a piece of surgical equipment inside a patient, such as a sponge. Anesthesia errors, similarly, are caused when the anesthesiologist does not administer the proper dose of anesthesia during an operation, which can lead to anesthesia awareness. Other side effects of anesthesia errors include damage to the trachea caused during intubation, heart attack, asphyxia, and even death.
It is tragic any time a nurse, pharmacist, or doctor incorrectly administers a drug that results in an adverse reaction that can cause serious injury or death. In Ohio, Emily‘s Law is an informal name for Ohio Senate Bill 203 (SB 203), that was signed into 2009 in honor of a two-year-old girl named Emily Jerry. Her chemotherapy bag was prepared with a lethal saline concentration. Emily was on her way to beating cancer, but shortly after she grabbed her head in pain, began vomiting, and died three days later. It was found that a pharmacy technician had made a tragic error and that the pharmacist signed off on it. The board pharmacy board revoked their licenses, and both were convicted of criminal charges. That event not only affected medical malpractice law in Ohio, but it also changed the pharmacy profession. Even though there are no new steps in place to ensure that these errors do not happen, they still occur in hospitals and other facilities.
Having a baby is one of the most joyous and anxiety-inducing experiences a person can go through. Parents-to-be hope for a smooth delivery, but sometimes the negligence of healthcare workers leads to traumatic births. There’s nothing more heartbreaking than knowing that your baby has been injured. You do not have to fight alone. If your baby has suffered any of the following birth injuries then give our office a call:
- Subconjunctival hemorrhage
- Brachial Palsy or Erb’s Palsy
- Caput Succedaneum
How A Medical Malpractice Lawyer Can Help You
An experienced and successful medical malpractice attorney is more likely to win you the compensation that you need to cover all of your medical expenses. Your attorney must demonstrate that your healthcare provider had a duty of care to you, breached that standard of care and that your injuries resulted from this breach. Medical malpractice laws vary from state to state, so it is important for you to seek a medical malpractice lawyer if you have been injured in Mentor Ohio. Some laws, such as Emily‘s Law, are specific to Ohio because of a case that occurred at a children’s hospital in Cleveland. If you talk to someone who filed a medical malpractice suit in another state, their experience will be different from yours, so you want someone who can guide you during this difficult time. An attorney who knows Ohio medical malpractice laws is your best advocate for you to get your damages compensated.
A medical malpractice lawyer also has access to expert witnesses. These are professionals who can prove that an injury was caused by negligence, and explain how the injury will impact the rest of the victim’s life. Their testimony holds weight because they are considered to be reputable and held to high ethical standards by their profession. A medical malpractice attorney that has been practicing for several years has acquired many connections to expert witnesses over their career, and they can help you.