If you or someone you love was injured by another person’s or entity’s carelessness or recklessness, you can pursue compensation due to their negligence. If your health or the health of someone you love was damaged by a medical error, you can sue for compensation for medical malpractice. The primary difference is in the knowledge and intent of the negligent party.
A lawyer in your area can examine the details of your case and clarify how medical malpractice differs from general negligence. With legal guidance from a Columbus medical malpractice lawyer, you can define the type of case your injuries constitute. Your lawyer can also assess your monetary damages and build a strong case for financial recovery.
What Constitutes Malpractice in Medical Injury Cases
Medical malpractice is a deviation from the accepted standard of care you should have received that led to your current medical condition. An example of malpractice would be a dentist not taking a complete patient history and using a medication to which you are allergic. An example of negligence would be a dentist accidentally cutting your gums.
The four elements of medical malpractice include:
- The healthcare provider owed you a professional duty of medical care.
- The healthcare provider practitioner breached their professional duty knowing the possible harm they could cause.
- The breach of professional duty caused or worsened your injury.
- You sustained financial harm due to your compromised health.
Establishing the medical standard of care you should have been given versus what you were given can be a complex medical and legal undertaking. The best way to understand your rights and the at-fault party’s legal and financial obligations is to let a local medical malpractice attorney handle your case.
The Four Legal Elements That Define General Negligence
Negligence can encompass various actions and lead to a variety of accidents and injuries. To recover damages from those injuries, you have to prove they were caused by the at-fault party’s negligence.
Proving negligence means establishing its legal elements, which include:
- Duty of care: The at-fault party’s legal responsibility.
- Breach of duty: Their failure to meet their legal obligation.
- Causation: The accident would not have happened without the at-fault party’s action.
- Damages: The accident’s financial expenses and losses.
As you should see, there are similarities between proving medical negligence versus malpractice. The critical distinction between the two, though, is the medical provider’s intent and knowledge. Making a medical mistake is negligence, but taking an action or inaction knowing the harm that decision could cause is malpractice. This distinction is the reason a medical expert’s testimony is necessary in medical malpractice cases.
A Medical Malpractice Case Must Be Supported by an Affidavit of Merit
Any injury claim relies on evidence that proves the at-fault party’s actions. Evidence in general negligence and medical malpractice cases can include:
- Official reports
- Medical records
- Injury photos
- Video footage
- Witness statements
- Expert testimony
Medical malpractice can be hard to prove and requires an additional type of evidence. Under Ohio Rules of Civil Procedure Rule 10, an Affidavit of Merit must accompany your lawsuit. It includes a statement from a medical expert defining the acceptable standard of care and any deviations from it. The lawyer handling your case will consult a qualified expert and obtain this crucial document on your behalf.
A Lawyer Can Compile Evidence and Deal With the Insurance Company
It can take significant time to restore your health after it is compromised. You need and deserve time to focus on getting better. While you do, your lawyer can:
- Accurately assess your recoverable damages
- File your medical malpractice claim or lawsuit
- Gather evidence that supports your case
- Locate and interview accident witnesses
- Obtain relevant expert testimonials
- Handle all case-related communication
- Negotiate a favorable financial settlement
- Update you as your case develops
Most law firms will also accept your case on a contingency fee basis. They will cover all the costs of building your case and receive compensation only after they recover it for you.
Your Lawyer Can Negotiate a Fair and Appropriate Out-of-Court Settlement
Most civil lawsuits are resolved with a settlement agreement rather than by going to court. Negotiating a settlement generally involves:
- Assessing your recoverable damages
- Submitting your evidence and demand letter
- Feilding and weighing each offer you receive
- Respond to and counter a low settlement offer
When a personal injury lawyer represents you, they will guide you through each step of negotiations and fight hard for the best available compensation for you and your family.
Compensation for Victims of Medical Malpractice or General Negligence
An unexpected accidental or medical injury can have an immediate and ongoing financial impact. By filing an insurance claim or lawsuit, you can recover the following economic damages:
- Rehab, therapy, and medical bills
- Current and future income loss
- Loss of future earning potential
- Treatment-related travel costs
- Wrongful death damages, if applicable
You are also entitled to recover non-economic damages, which can be difficult to assess on your own. Your personal injury attorney will collect tangible evidence of intangible damages, including pain and suffering, and clarify how their value is assessed. Non-economic damages also include disability, disfigurement, and mental and emotional trauma.
The Deadline Differs for Medical Malpractice and General Negligence Lawsuits
Ohio’s statutes of limitations sets the time you have to file a civil lawsuit based on the type of accident and its outcome. The deadlines in medical malpractice cases can be highly complex with various factors affecting them. For example, deadlines can fluctuate based on the age of the injured party. The best way to understand which deadline applies to your case—and avoid an expired filing deadline—is to let a lawyer handle it for you.
Explore Your Compensation Options After a Medical Injury
Damage to your health can be difficult to overcome physically, emotionally, and financially. If you or a loved one was injured by a healthcare provider, our medical malpractice attorney can clarify how medical malpractice differs from general negligence.
Contact our consultation team at The Fitch Law Firm LLC for a free evaluation of your case and to learn more about how we will build a compelling case for financial compensation.