Charles E. Boyk Law Offices, LLC
Medical malpractice is one of the most troubling experiences that a person can undergo. Whenever someone visits a medical professional, they expect that they will be treated with appropriate care and compassion. In fact, all practitioners have a professional duty to ensure that their treatments meet a minimal standard of quality.
Unfortunately, due to human error, fatigue, or simple carelessness, patients can become injured or even killed due to medical malpractice.
Fremont medical malpractice lawyers represent individuals and their families when doctors, dentists, or hospitals violate their responsibilities to protect them. If you have suffered complications due to an individual’s negligence, let a compassionate personal injury attorney advocate for you.
All medical practitioners undergo substantial schooling and training to learn to heal the human body. In order to practice medicine in the State of Ohio, they must be properly licensed. Still, the day to day grind of the profession creates great mental strain and pressure on all medical personnel. Mistakes are bound to happen, but when do these mistakes rise to the level of malpractice?
Ohio’s Supreme Court ruled in Bruni v. Tatsumi, 46 Ohio St. 2d 127 (1976), that a medical practitioner is required to perform their duties to the average degree of skill, care, and diligence considering the particular patient in similar circumstances. In other words, that mistakes were made that a doctor of average skill should not have made.
How do we prove this? Ohio law also states that any claim of medical malpractice must be accompanied by an expert witness’ affidavit that the plaintiff’s claim has merit. According to Ohio Rule of Civil Procedure 10(D)(2), this affidavit must confirm that an expert witness has reviewed the medical records, is familiar with the definition of malpractice, and that the defendant doctor’s treatment met this definition.
Indeed, all claims of medical malpractice require an expert to testify in court concerning the science behind the injury. In all but the simplest cases of malpractice, the reasons why the care was inappropriate must be explained to the jury by an expert in the field of medicine.
A Fremont medical malpractice lawyer should be aware of the requirements needed to file successful medical malpractice claims and work with practitioners throughout Ohio to evaluate and pursue cases.
Any time that a person visits a medical provider, there is the chance of malpractice. Even a visit for a routine check-up can result in poor medical treatment that breaches the standard of care owed by all practitioners to their patients. Common examples of malpractice include:
Some of these examples, such as leaving tools inside the body are obvious examples of malpractice. Others, such as misdiagnoses or botched surgeries, require the testimony of a medical expert to fully understand. This expert can explain why the choices made were poor and what alternatives would have been better under the circumstances.
Ohio makes it difficult for people to pursue medical malpractice claims. Rules concerning proper filing requirements make it necessary to enlist the aid of a medical expert before the claim can even enter a courtroom. In addition, there is a strict statute of limitations that keeps claims older than one year from being heard. For these reasons, it is essential to hire a Fremont medical malpractice lawyer.
Fremont medical malpractice attorneys could wors with established medical experts to pursue claims of malpractice across Ohio. They may examine each case in detail to determine how the level of care provided by the practitioner caused your injuries and how it fell below the acceptable standard of care.
Preparing these cases is a complex and time-consuming process so do not delay, contact an attorney today.