FAQs

How Do You Know If You Have A Medical Malpractice Lawsuit?

Medical malpractice occurs when a health care provider gives care that is below the standard of care in the medical community. Doing so can result in injury or death of the patient.

Proving medical malpractice can be a difficult task, which is why if you are considering pursuing a medical malpractice claim, it is best to contact a lawyer as soon as possible.

What are examples of medical malpractice?

Medical malpractice can occur at any point during the patient’s care, from the first assessment to the final discharge. It can also be from an action that is taken, or the failure to take action. Some of the common examples of medical malpractice are the below:

• Misdiagnosis or failure to diagnose a disease or medical condition
• Failure to provide appropriate treatment for a medical condition
• Unreasonable delay in treating a diagnosed medical condition

Who files a medical malpractice lawsuit?

A medical malpractice action can be taken by the injured patient or their estate. The actions are taken against any responsible licensed health care provider, including doctors, counselors, psychologists, and psychotherapists.

How do you prove medical malpractice?

Medical malpractice must be proven “by the greater weight of the evidence.” This means that you must prove that it is more likely than not that what the doctor did fell below the standard of care.

A plaintiff may also establish medical malpractice by proving the greater weight of the evidence that a medical professional caused injury by failing to do  something that a medical professional with ordinary skill, care, and diligence would have done under similar circumstances.

Although the “Greater weight of the evidence” standard is much more relaxed than the criminal “beyond a reasonable doubt” standard, successfully proving a medical malpractice case is still a very significant undertaking.

If you believe that you or your loved one has a legitimate medical malpractice claim, call our lawyers at 800.637.8170 to discuss the event that led to their injury. We can answer any of the questions that you have surrounding medical malpractice claims, as well as give a free case evaluation.

We also recommend order our free book, The Ultimate Guide to Medical Malpractice Claims in Ohio, which can serve as a guide for you throughout the legal process. You can request a free copy when you call into our office.