When you are suffering, you turn to doctors and other medical professionals to determine what is wrong with you and provide you with a course of treatment that will make you better. Part of your treatment may involve the need for surgery.
Every surgery comes with risks, and your surgeon more than likely presented you with paperwork to sign, indicating that the surgeon informed you of all of the potential risks associated with the procedure. Your surgeon probably went on to say that the benefits you will receive from the operation outweigh the risks. You signed the paper and underwent the procedure, but something went terribly wrong.
Do you automatically have a claim for malpractice?
The simplest way to answer that question is by saying maybe. Just because the procedure did not produce the intended results or produced unintended results does not mean that the harm you suffered was due to medical malpractice. However, if the surgeon or a member of the surgical team made an error that caused you harm, you may have a claim.
But I gave my consent for the procedure
The consent forms that you signed prior to the surgery do not alleviate any liability for negligence or substandard care. The consent only indicates that you understood the medical risks of the procedure. In a medical malpractice claim, you allege that the surgeon or other medical personnel failed to meet the applicable standard of care, and you suffered harm because of it.
You can’t just file a lawsuit
Here in Ohio, you need to have an expert in the area of medicine review all of the information regarding your case before you file a lawsuit. The expert’s certification that your claim has merit accompanies your complaint. The expert provides an opinion that a deviation of the applicable standard of care occurred in your surgery and that your injuries resulted from that mistake or negligence.
How do I start?
If you believe that you suffered injuries due to a medical mistake, you may benefit from discussing the matter with an attorney. Not only will you need to understand your rights, but also what the law says about medical malpractice. On top of that, you are required to have medical expertise in order to substantiate your claim.
For these reasons, you may not want to proceed on your own. Having an experienced legal advocate on your side could help your pursuit of compensation for the injuries you suffered at the hands of someone you trusted to make your life better instead of worse.