There are four main factors that constitute a valid malpractice case. A Columbus medical malpractice lawyer can help you prove that the following statements are true of your case:
- The doctor had a duty of care towards you. In other words, you had a doctor-patient relationship, and they had a responsibility to treat you competently.
- The doctor breached, or failed to live up to, the established standard of care.
- Thanks to this breach of duty, you sustained a preventable injury.
- This preventable injury has caused you serious physical, financial, and emotional strain.
Your Columbus Doctor Owes You a Duty of Care
The phrase “duty of care” simply means that someone—in this case, a medical professional—has a legal and moral responsibility to treat others with respect and caution. This could mean:
- Taking the time to answer your questions and address your concerns
- Taking all necessary actions to treat your condition, such as ordering tests, prescribing medication, or recommending surgical procedures
- Evaluating all medical records, test results, and patient statements very carefully before making a diagnosis and suggesting a course of action
- Communicating with the patient’s other providers to ensure that all recommended treatments are safe and work well together
- Monitoring your treatment and making changes if you experience adverse side effects
All Medical Providers Have a Duty of Care
When considering whether your malpractice case is valid, you should realize that it is not just your regular doctor who has a responsibility to treat you competently. Any licensed medical professional can be held liable for malpractice, including:
- Dental health professionals
- Nurses
- Anesthesiologists
- Surgeons
- Specialists, such as cardiologists or ENT doctors
- OB/GYNs
The institutions these providers work for, such as hospitals and urgent care centers, also owe a duty of care to their patients. You could sue them as well if their negligence contributed to your injury.
Breach of Duty Can Lead to Medical Malpractice
There are many reasons why a healthcare provider might fail to live up to their responsibility towards you. Perhaps they are overworked or exhausted, or maybe their ability to provide good medical care is hampered by the policies of the institution they work for. In any event, it is inexcusable, and you deserve compensation.
Common examples of malpractice causes include:
- Taking no action when you were in clear need of assistance or taking action when none was warranted
- Misdiagnosing your condition due to a failure to act or a misreading of the medical evidence
- Providing a treatment that interacted badly with your preexisting conditions or other treatments you were already taking
- Making a mistake during surgery, such as leaving an object in your body or ignoring your obvious distress
Bad Medical Outcomes Versus Medical Malpractice
Not getting the result you wanted from a treatment or medical procedure does not necessarily constitute a valid medical malpractice case in Columbus. For example, if your doctor carefully explains all of the risks associated with a treatment that you agree to undergo anyway, you probably cannot file a suit if one of those risks becomes a reality.
To successfully file a medical malpractice lawsuit, you first need to prove that the four elements of malpractice, as described in this article, apply to your case. You will also need an affidavit of merit. An affidavit of merit, per Ohio Rules of Civil Procedure Rule 10, is the medical expert testimony that demonstrates how the medical provider should have proceeded based on reasonable care and accepted standards.
A medical malpractice lawyer can help you do this.
Injuries That May Result From Medical Malpractice in Columbus
Malpractice can occur as a result of many different failed procedures, from a prescription or diagnostic error to a botched surgery. As a result, malpractice survivors may present with a wide array of conditions and symptoms, including:
- Nerve damage
- Loss of flexibility or range of motion
- Loss (or loss of use) of a limb or an organ
- Chronic pain
- Brain damage
- Severe scarring
Treating Columbus Malpractice Injuries
If you are a malpractice survivor, it is vital that you receive medical attention as soon as possible. Even before you start to think about your legal right to damages, your health should be at the top of your mind.
By getting treatment for your injuries, you are not only protecting your physical and psychological well-being, but you are also creating a paper trail of medical records that can help you prove your case against the negligent doctor.
Wrongful Death and Medical Malpractice
If your loved one suffered a malpractice injury so serious that they could not recover, you can file a case on their behalf. While money alone will never make up for the loss of your loved one, receiving compensation would give you more time to:
- Grieve the passing of someone very special to you
- Figure out how you can move on with your life
- Find other means of supporting your dependents and paying bills
Consequences of Medical Malpractice Injuries
Your case is only valid if you sustained noticeable harm as a result of your provider’s negligence. This could include but is not limited to:
- Physical pain
- Emotional distress and trauma
- Reduced quality of life
- Loss of consortium
- Disfigurement or scar tissue
- Disability
- Medical expenses
- Loss of wages
- Reduced earning capacity
- Loss of employment or employment opportunities
Wrongful death damages may include all the above, as well as compensation for funeral expenses, loss of financial support, and loss of companionship.
How You Can Get Medical Malpractice Compensation
It is at this point that you should consider contacting a medical malpractice attorney. They can help you:
- Determine how much money you are entitled to receive under Ohio Revised Code Section 2323.43
- Identify and confront the at-fault party, whether they are an individual provider or an entire healthcare institution
- Seek fair compensation for everything you have lost by meeting with the liable party’s team and negotiating for a settlement
- Bring your case to court, where they will present the evidence before a judge and jury and try to convince the jury to award you damages
- Understand all of your legal options before action
We Will Be
There To Help
You All The Way
Do You Have a Valid Columbus Medical Malpractice Case?
The Fitch Law Firm LLC has handled medical malpractice cases before, so we understand what constitutes a valid medical malpractice claim in Columbus, Ohio, and how you can get the money you deserve for medical bills, lost income, pain and suffering, and more.
Call today to take advantage of our free consultation, our no-fee guarantee, and our 30 years of legal experience.