Medical malpractice occurs when the established standard of care is not met. This means that a medical professional fails to give care that meets the standard that is accepted in the medical community.
Read more about the standard of care.
If you are a patient and the medical professional giving you care is demonstrating bad conduct or behavior that does not give grounds for a medical malpractice claim. The only way a medical malpractice claim is legitimate is if the care given is below the acceptable standards of care.
This means that if something minor goes wrong at the doctor’s office, but you have suffered no real injury, you do not have a medical malpractice claim. The medical professional giving you care simply has a poor attitude or lack of compassion.
How do I know if I have a medical malpractice lawsuit?
Poor Bedside Manner
While bad bedside manner can leave a patient fuming, it is not considered to be medical malpractice. A healthcare provider’s rude or verbal misconduct can possibly be a violation of ethical and licensing rules, but rude or verbal misconduct does not fall into the medical malpractice category. If a provider’s actions do not result in injury than it cannot be considered medical malpractice.
An example that may help you to better understand this concept is listed below:
If an emergency room doctor has failed to properly diagnose your chest pain and then fails to admit you to the hospital, they have definitely delivered bad care. However, if you persisted and went to another medical provider and received the care that you needed, avoiding any injury, there is probably no medical malpractice claim.
Or, if a doctor verbally abuses you, ignores you, or does not return your calls, you can report them to the licensing agency, but there is probably no medical malpractice claim if no injury resulted.
Medical Malpractice Claims in Ohio
If you have questioned whether or not you have a legitimate medical malpractice claim, call our lawyers at 800.637.8170 and we will give you a free case evaluation. You can also order our free legal book that explains the entire medical malpractice process, The Ultimate Guide to Medical Malpractice. Request a copy when you call into our office or order directly from the website.