Copyright © 2020 Charles E. Boyk Law Offices, LLC. All rights reserved. Reproduced with Permission.
Suffering an injury after receiving medical care can be a very emotionally and physically upsetting situation. When you go to a medical professional to receive care, you do not expect to be further injured. If that happens, it can shake a person’s trust in the medical community.
Medical malpractice applies to all medical professionals ranging from doctors to nurses to medical assistants. If you have been harmed during a medical procedure, you should speak to a Perrysburg medical malpractice lawyer to understand what legal rights you have. Retain the services of an experienced personal injury attorney that can help you file your claim.
Some of the most common scenarios under medical malpractice are:
The statute of limitations for medical malpractice claims can range from one to four years depending on the specific circumstances of the injury. Generally, an injured patient has one year from the date of the malpractice to sue the medical professionals involved.
However, a person may have up to four years to file a claim if their injury was based on the omission of an act. For example, if a doctor failed to diagnose a condition properly, then a person may have four years to bring their case to court.
By speaking to a Perrysburg medical malpractice lawyer, an injured patient can get a better understanding of what time limit applies to their situation.
In Ohio, a medical professional is responsible for a patient’s medical injuries if they have acted negligently in caring for the patient. Negligence has four elements that must be met.
One of the most important elements is duty of care. Doctors, and other medical professionals, owe a duty of care that is comparable to how other medical professionals would have treated the patient in that situation. If the medical professional that caused the injury has failed to act as others in the medical community would have, then they have breached that duty of care.
The negligence must have caused the patient’s injuries both actually and proximately. Actual causation means that the injury would not have occurred if the doctor or nurse had acted like others in their profession would have acted.
Proximate cause means that it was foreseeable that this conduct would lead to an injury and that there was no intervening cause in between the injury and the act. For example, if the doctor claims that the patient’s injuries were caused by their refusal to follow medical directions, then that may be an intervening cause that removes liability from the doctor.
Lastly, one has to show damages, which generally refers to physical injuries. A Perrysburg medical malpractice can examine all available evidence in an effort to find evidence that helps prove a doctor’s negligence.
Medical malpractice claims can be difficult because often you need medical experts that can help you prove your claim. A lawyer can help you fight your case in court, or negotiate on your behalf to reach a settlement.
Medical professionals generally are insured by medical malpractice and therefore they may be willing to reach an agreement based on their insurance. Not only can a Perrysburg medical malpractice lawyer help you understand the law and how it applies to you, but they will also work with you to find the best option for your case.
Charles E. Boyk Law Offices, LLC