Anytime we visit a doctor, dentist, hospital, or any other medical professional we expect to receive the utmost level of care and compassion. Doctors have high-stress jobs, often requiring them to work for twelve consecutive hours or more. This makes them highly prone to mistakes that can have a severe negative impact on a person’s life. A Gibsonburg medical malpractice lawyer can help individuals who suffered an injury at the hands of negligent doctors to file claims for malpractice. An experienced personal injury attorney can help you seek damages for the harm you may have suffered.
What is Considered Malpractice?
As a Gibsonburg medical malpractice lawyer knows, any medical treatment involves some level of risk. Because of this, doctors must undergo years of training and intensive licensing exams to be able to practice medicine. This training ensures that all medical professionals are qualified to provide a basic standard of care to their patients. When they violate this standard of care and an injury results it is malpractice.
The standard of care in Gibsonburg is the generally accepted course of treatment for any condition within a geographic area. This definition also considers several factors including the quality of equipment available to the doctor.
A doctor attempting to set a broken bone by the side of the road must meet a lower standard of care than one setting a bone in a hospital It also considers the general quality of care in the geographic area. It considers the type of certification someone has.
Family physicians are not held to the same standard as board-certified specialists or surgeons. In general, the standard of care includes all circumstances that led to the injury combined with the setting and limiting factors present during the treatment.
Proving Medical Negligence
Expert testimony is necessary to prove any claim alleging medical malpractice. Only a doctor can speak to questions of whether a medical procedure was properly executed. For this reason, Ohio Rule of Civil Procedure 10(D)(2) requires that the plaintiff submit an affidavit of merit completed by the expert physician. This rule is meant to prevent frivolous lawsuits and for plaintiffs to understand whether their case has merit before filing in court. This affidavit must state that:
- The expert reviewed all medical records
- The expert is familiar with the standard of care for the case
- In the expert’s opinion, the care received breached the standard of care
- This breach of duty caused the plaintiff’s injuries
Help From an Attorney
Whenever a person visits a medical professional, there is the chance they could suffer an injury due to malpractice. A failure to properly diagnose an illness, a botched procedure, or even medication conflicts can all result in irreparable harm. A Gibsonburg medical malpractice attorney helps victims pursue claims of malpractice against negligent doctors, dentists, and hospitals.
Using a network of expert witnesses, an experienced lawyer can examine whether the care received was of an appropriate quality and what damage resulted. There is a limited time under Gibsonburg law to file a claim so do not wait, contact a Gibsonburg medical malpractice lawyer.