Physicians are one of the most valuable resources in society, and when people are ill or injured, they trust doctors to restore them to good health. Most physicians do this with pride, but sometimes, medical professionals can make avoidable mistakes that place the lives of their patients in the way of harm.

Simply put, medical malpractice occurs when a medical professional or facility fails to take the health and safety of a patient into consideration.

If a medical professional overlooks important information and proceeds to misdiagnose a patient or perform an unnecessary procedure, they can also be held liable for malpractice by an experienced injury attorney.

Malpractice cases can be complex, and before you hire a Findlay medical malpractice lawyer, it would be in your best interest to read the following information first.

Physicians and Other Medical Staff

As mentioned above, most physicians and other medical professionals restore their patients to health. These individuals can have up to 14 years of specialized training and
even more education, so most possess an in-depth knowledge of medical procedures.

From birth injuries to misdiagnosis of a heart attack, occasionally, doctors and hospitals will make mistakes. Unfortunately, when a doctor fails to properly diagnose a patient or incorrectly performs a procedure, the patient can end, even more, pain and suffering in the future.

Other medical professionals, such as nurses and physician assistants, also have important roles to play in healthcare. When these individuals make mistakes, their actions can be more impactful than those of a physician.

Hospitals and Clinics

Hospitals, clinics, and other medical facilities also contribute to the care of patients. These facilities are held to extremely high standards by the state and federal government, and most have a board of directors that oversee everyday operations within the facility.

Hospitals also have a moral and legal obligation to hire qualified staff and maintain an environment that operates smoothly. When medical facilities fail to take these obligations seriously, they can unknowingly expose patients to a host of problems.

Unfortunately for patients, these facilities are also exceptionally well-funded, so victims of malpractice will need the aid of a Findlay medical malpractice lawyer if they wish to file a suit against one.

Types of Medical Malpractice

Medical malpractice can arise in various healthcare settings, including hospitals, private practices, surgical centers, and nursing homes. A Findlay malpractice attorney can help. It occurs when a healthcare provider’s actions or inactions deviate from the accepted standard of care and cause harm to a patient. Some common types of medical malpractice include:

Surgical Errors

Surgical errors are some of the most well-known and devastating forms of medical malpractice. These errors can involve performing the wrong surgery, operating on the wrong body part, leaving surgical tools or sponges inside a patient, or making mistakes during anesthesia administration. These errors can lead to serious complications, including infections, nerve damage, or even death.

Misdiagnosis or Delayed Diagnosis

A misdiagnosis occurs when a healthcare provider incorrectly identifies a patient’s condition, leading to inappropriate treatment. A delayed diagnosis can be just as harmful, as it allows a condition to worsen before it is properly identified and treated. Conditions like cancer, heart disease, and infections can become much more severe and difficult to treat if not diagnosed and treated in a timely manner.

Medication Errors

Medication errors occur when a healthcare provider administers the wrong medication, prescribes the wrong dosage, or fails to consider a patient’s medical history and allergies before prescribing medication. These errors can lead to serious side effects, overdose, or even death. Medication errors are particularly common in busy healthcare environments where staff may not have time to double-check their work.

Birth Injuries

Birth injuries are another common form of medical malpractice, and they can occur during childbirth due to improper monitoring, delayed responses to fetal distress, or errors in the use of medical instruments. Birth injuries can result in lifelong disabilities, including cerebral palsy, brain damage, or spinal cord injuries, for the child. Additionally, if a doctor fails to recognize or manage complications such as preeclampsia, a mother’s health may also be jeopardized.

Anesthesia Errors

Anesthesia errors occur when an anesthesiologist or other medical provider fails to properly administer anesthesia during a surgical procedure. This can include administering too much or too little anesthesia, failing to monitor the patient’s vital signs properly, or using the wrong type of anesthesia for the procedure. Anesthesia errors can lead to severe consequences, including brain injury, heart attack, or even death.

Proving Medical Malpractice

In a medical malpractice case, the burden of proof lies with the injured patient or their legal representative. A medical error lawyer in Findlay can provide support. To prove that medical malpractice occurred, the following elements must be established:

Duty of Care

The first step in a medical malpractice case is to show that the healthcare provider owed a duty of care to the patient. This is usually established by the doctor-patient relationship. Once a healthcare provider agrees to treat a patient, they are legally obligated to provide a certain standard of care in accordance with medical practice norms.

Breach of Duty

The next step is to prove that the healthcare provider breached their duty of care. This means showing that the provider did not meet the acceptable standard of care expected from someone in their position. This can be demonstrated through expert testimony, medical records, and other evidence.

Causation

Proving causation means showing that the healthcare provider’s breach of duty directly caused the patient’s injury. This can be challenging, especially in cases where the patient already had a pre-existing condition. An expert witness in the medical field can help demonstrate how the healthcare provider’s actions or omissions led to the harm.

Damages

Finally, the patient must show that they suffered damages as a result of the malpractice. Damages may include physical pain and suffering, emotional distress, medical expenses, lost wages, and in severe cases, wrongful death. If no damages are present, there is no valid claim for medical malpractice.

Statute of Limitations for Medical Malpractice Claims

In Ohio, there are strict time limits for filing a medical malpractice claim, known as the statute of limitations. According to Ohio Revised Code § 2305.113, a person who has been harmed by medical malpractice generally has one year from the date of the injury to file a lawsuit against the healthcare provider.

However, there are exceptions to this rule. For example:

• Discovery Rule: If the injury is not immediately apparent, such as in cases involving misdiagnosis or delayed diagnosis, the statute of limitations may start when the injury is discovered or reasonably should have been discovered. 
• Minor Patients: If the patient is a minor, the statute of limitations may be extended until the minor reaches the age of majority (18 years old). 
• Foreign Objects: If a foreign object (such as a surgical tool or sponge) is left inside a patient’s body, the statute of limitations may be extended, allowing the patient additional time to file a claim.
  

If the statute of limitations expires, you will lose the right to file a medical malpractice lawsuit, so it is essential to consult with a Findlay medical malpractice attorney as soon as possible after an injury.

Process and Timeline for Filing a Medical Malpractice Claim

Filing a medical malpractice claim is a complicated process that requires careful preparation and attention to detail. The steps involved generally include:

Consultation with a Lawyer

The first step in pursuing a medical malpractice claim is to consult with a skilled medical malpractice advisor. During this consultation, your lawyer will evaluate your case, review your medical records, and determine whether you have a valid claim. They may also connect you with medical experts who can help assess whether malpractice occurred.

Investigation and Expert Review

Once you decide to proceed with the case, your lawyer will conduct a thorough investigation. This involves obtaining all relevant medical records, interviewing witnesses, and consulting with medical experts who can testify on your behalf. This step is crucial for building a strong case, as expert testimony is often necessary to establish the standard of care and demonstrate how it was violated.

Filing the Lawsuit

If the investigation reveals that malpractice occurred, your lawyer will file a formal lawsuit against the responsible healthcare provider. In Ohio, the lawsuit must be filed within the statute of limitations, so it is important not to delay.

Discovery and Negotiations

After the lawsuit is filed, both parties will enter the discovery phase, where evidence is exchanged, and each side may request additional documentation and testimony. During this phase, your Findlay medical negligence lawyer may negotiate with the defendant’s legal team to reach a settlement. Many medical malpractice cases are settled outside of court, but if a fair settlement cannot be reached, the case may proceed to trial.

Trial and Verdict

If the court finds in favor of the plaintiff (the injured party), the defendant may be ordered to pay compensation for the damages suffered. The trial process can take several months or even years, depending on the complexity of the case.

Are You Entitled to Compensation

Medical malpractice suits can take a long time to resolve, but if the opposing side is found guilty, the malpractice victim could receive compensation for the following:

• Pain and suffering
• Emotional trauma
• Additional injuries or illnesses
• Loss of wages (if injury or illness prevents working)
• Everyday expenses
• Future medical bills

If a Findlay medical malpractice lawyer believes an individual has a case, the individual could receive justice in the form of financial compensation.

Contact a Findlay Medical Malpractice Attorney

If you believe that you or someone you care about was the victim of medical malpractice, do not hesitate to contact a Findlay medical malpractice lawyer at our firm right away.

It can be painful to know that someone you trusted to help you harmed you instead, but we handle all of our cases with compassion and understanding. Contact us today to schedule a consultation.