Charles E. Boyk Law Offices, LLC
Being misdiagnosed or treated negligently by a trusted healthcare professional can be a jarring experience. The consequences of a misdiagnosis can be near-fatal, causing stress and more pain and discomfort than you felt initially. Furthermore, the cost of fixing your doctor’s error can cause even more stress and anguish. The benefit of a Toledo medical malpractice lawyer is that they can devote the time and resources necessary to pursue your personal injury claim, so you can focus on your recovery. If you want to know more, consult a qualified medical malpractice attorney that can fight for you.
The benefit of a Toledo medical malpractice lawyer is: one, to meet the technical requirements of pursuing the medical malpractice case; two, to give a person an independent honest opinion of the quality of the case and financial decision of whether it is even worthwhile to pursue the claim; and third, to help a person obtain the independent medical malpractice expert required to sign the affidavit.
Typically to evaluate whether or not there is medical malpractice under Ohio law, lawyers have to show there is a departure of standard of care. Ohio law requires that if a person is going to violate medical malpractice case, they have to attach an affidavit from a board-certified doctor of the same specialization of the type of doctor or medical procedure that they are pursuing the case against.
Normally, a private individual is not going to understand the technical legal requirements of the standard of care and pursuing the affidavit. Also, there are very strict guidelines as far as the statute of limitations in a medical malpractice case. A person has to file the lawsuit within one year of the date that the individual knew or should have known there was medical malpractice. Medical malpractice cases are some of the most technical and difficult cases to pursue of any personal injury case.
Another benefit of a Toledo medical malpractice lawyer is their thoroughness when evaluating a case. Typically, the attorney is going to get background information from the individual. The attorney is going to want to listen in detail to the prior medical history of the individual and the medical history of what they perceive to be the medical malpractice. The attorney is going to want to obtain certified copies of all the medical records and then the attorney is going to want to document that there were serious, permanent personal injury or death to make it worthwhile to pursue the case.
First, the attorney is going to be able to explain the technical requirements to pursue a medical malpractice case. Second, they are going to evaluate it from a cost-benefit perspective. Even if a person could prove the malpractice, it may not be economically feasible to pursue the claim.
Third, the attorney’s job is to obtain the expert witness to review the case. Obtaining the correct expert witness makes or breaks the case. The private individual is typically not going to be able to work to obtain the correct medical malpractice expert.
For example, in most cases, it is extremely difficult to obtain a local doctor willing to testify against their colleague. Typically, lawyers have to find expert witnesses from across the country with that same area of specialization. There are also very technical requirements that the medical malpractice expert is going to have to meet. If a person wants to see the benefit of a Toledo medical malpractice lawyer themselves, they should get in touch with a medical malpractice attorney that can help.