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What Is Medical Malpractice? Can I File A Medical Malpractice Lawsuit?

Posted on 03/28/2014

What is medical malpractice?

Medical malpractice occurs when a hospital, doctor or other health care professional, through a negligent act or omission, causes an injury to a patient. The negligence might be the result of errors in diagnosis, treatment, aftercare or health management.

If you think that you have a medical malpractice claim, it must have the below characteristics:

First, a violation of the standard of care must have occurred. The standard of care is what is recognized as acceptable medical treatment. If a patient does not receive care that is up to these standards, medical negligence may be claimed.

There must also be a resulting injury from the medical negligence that occurred. It isn’t enough for the standard of care to not have been met, but the patient must have suffered injury as well.

The third characteristic of a medical malpractice claim is that the injury from the medical negligence must have caused serious damages to the patient. If only small damages result from the negligence, the cost of pursuing the case may not be worth it. The injury should have resulted in the patient’s disability, loss of income, a significant amount of medical bills, and ongoing pain and suffering.

Can I file a medical malpractice lawsuit?

Some examples of medical malpractice include the following:

  • Failure to diagnose an illness
  • Anesthesia errors
  • Failure to prevent infection
  • Leaving a medical device implanted after surgery
  • Surgery without informed consent
  • Certain birth injuries and cerebral palsy
  • Late diagnosis leading to diminished chance of survival
  • Misdiagnosis of a condition
  • Wrongful death

If your doctor failed to do the following, you may have a valid medical malpractice case:

  • Refer patient to appropriate medical specialist
  • Adequately treat an emergency room patient
  • Diagnose diseases
  • Order a biopsy or other exam
  • Monitor changes in patient’s condition
  • Order necessary lab tests
  • Order appropriate radiographic tests
  • Adhere to proper standards during surgery
  • Prescribe appropriate medication

How do I file a medical malpractice lawsuit?

If you or someone you know has suffered an injury due to medical negligence, and the injury meets the above characteristics, it is very important to consult an attorney. The attorneys at The Charles E. Boyk Law Offices have the necessary experience and skill to pursue compensation for the damages you have accrued. Call our Ohio medical malpractice attorneys at 800.637.8170 for a free case evaluation or to order your free copy of The Ultimate Guide to Medical Malpractice in Ohio.