Perhaps you or someone you know has suffered bad effects or has even died because of a health problem made worse by medical care. Either they had a complication from a medicine, or they developed a problem after a surgery. You wonder, is the doctor responsible or is it just one of those things that happen in life?
Not every medical injury leads to a successful malpractice case. Some find it tough to understand complicated medical procedures, but help is available. When you educate yourself on the basics of medical malpractice, you may have a better understanding of the issue.
What constitutes medical malpractice?
In Ohio, there are certain standards that qualify an injury as medical negligence. First, you will have to prove the physician owed you a duty of care. Then you will need to show that the physician violated that duty by diverting from the accepted standard of care for your illness. The negligence that occurred from the deviation must cause an injury, and the injury must have damaged you in some way.
What types of malpractice are there?
There are many types of medical malpractice. These include, but are not limited to:
- Misdiagnosis or delayed diagnosis
- Incorrect treatment
- Incomplete treatment
- Failure to order appropriate tests
- Wrong medication or wrong dosage of medication
- Fatal infections
- Lasting pain after surgery
I think I have a case. What kind of damages can I get?
If you prove that the doctor owed you a duty of care, that he or she harmed you by departing from the standard care, and that you suffered damages from the injury caused by the doctor, you may retrieve awards for damages. These awards come in the form of compensatory and punitive damages. Compensatory damages reimburse you for medical bills, lost wages, lost ability to earn or emotional distress. If the defendant is guilty of malicious or willful misconduct, you may receive punitive damages, which are a form of punishment.
Taking your case to court can be challenging and potentially costly, especially if you aren’t feeling 100 percent after your injury. Seeking information about medical malpractice from a trusted legal source can be beneficial.