Toledo Medical Malpractice Basics

If you or your loved one has experienced an act of medical negligence that has resulted in serious injury or fatality, you should contact a Toledo medical malpractice lawyer as soon as possible.

Below we have listed the basics of a medical malpractice claim. By reviewing the below information, you will have a better idea of what the claims process is like and the first steps that you should take.

Examples of Medical Malpractice

Below are some basic examples of the different types of medical malpractice claims:

  • Failure to diagnose an illness
  • Errors with anesthesia
  • Failure to prevent infection
  • Leaving a medical device in after surgery
  • Surgery without consent
  • Some birth injuries and cerebral palsy
  • Late diagnosis
  • Misdiagnosis
  • Wrongful death

There are certain things your doctor or physician may have failed to do that could have significantly changed your health situation. These include:

  • Referring you to a medical specialist
  • Giving adequate treatment
  • Diagnosing a disease
  • Ordering a biopsy or other exam
  • Monitoring changes of a patient
  • Ordering the necessary tests
  • Ordering radiographic tests
  • Adhering to standards during surgery
  • Prescribing the necessary medication

Medical Malpractice Characteristics

If one of the above things happened to your or your loved one, to have a legitimate medical malpractice case, it must have resulted in a serious injury or fatality. Below are the 3 characteristics of a medical malpractice claim:

  1. The standard of care must have been violated – the acceptable standard of medical treatment must have been violated, meaning that the care given was not up to par and negligence may have occurred.
  2. An injury must have resulted from the medical professional’s negligence – it isn’t enough just for the standard of care to not have been met, a serious injury must have resulted.
  3. The injury caused by negligence has caused significant damage – the injury must have caused significant damages (if the injury/damages are minor, the cost of pursuing the case may not be worth it) such as disability, a loss of income, numerous medical bills, and ongoing pain and suffering.

Filing a Medical Malpractice Claim

The first step to actually filing the medical malpractice claim is to contact a lawyer as soon as possible.

When it comes to medical malpractice claims in Ohio, there is a one-year statute of limitations, meaning you only have one year from the time of the negligence to file the claim.

To talk to one of our experienced medical malpractice attorneys about your case. We will review the alleged negligence, the results and injuries that occurred, the date of the negligence, and the options that you have. We will then give you a free case evaluation over the phone so you can begin to take the steps toward justice.

If you would like additional information about the medical malpractice legal process, order the free legal book, The Ultimate Guide to Medical Malpractice in Ohio. This can serve as your guide, filled with information to help you through your case.

Charles E. Boyk Law Offices, LLC