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Medical malpractice and medical negligence are concepts often used interchangeably but have distinct meanings. In Cleveland, Ohio, medical malpractice is a legal term that refers to the failure of a healthcare provider to provide a reasonable standard of care that harms or injures a patient. Medical negligence, on the other hand, occurs when the actions or inactions of a medical provider fall below the medical standard of care.
Medical malpractice cases can arise from various medical errors, including:
When a patient suffers harm due to a healthcare provider’s failure to provide reasonable care, they may be entitled to compensation for medical expenses, lost wages, pain and suffering, and other losses.
Anyone who has been a victim in Ohio can file a medical malpractice lawsuit. The goal is to get compensation for losses incurred due to an injury. So if you suspect malpractice, consult with experienced Cleveland medical malpractice attorneys immediately.
Medical malpractice can result in catastrophic injuries or wrongful death, entitling the victims to file lawsuits.
According to the Journal of Patient Safety, 210,000 to 440,000 patients die annually due to medical negligence or malpractice. Thus, medical errors are the third leading cause of death in the United States, surpassed by cardiovascular disease and cancer.
An experienced medical malpractice attorney is prepared to assist the victims of these errors.
You may be entitled to compensation if you get injured due to medical malpractice. This area of law is quite complex, and several types of medical malpractice can occur in various situations. Here are some of the most common types:
Hospital errors are mistakes made by medical professionals and hospital staff that result in harm to patients. These errors can occur in Cleveland hospitals and have severe consequences for patients, including injury or death.
Suppose you or a loved one get harmed due to a hospital error in Cleveland. In that case, speaking with an experienced medical malpractice attorney is essential. They can help you understand your legal options and seek compensation for your injuries and losses.
Physician error occurs when a medical professional’s actions or inactions produce an outcome that is not a patient’s intended result. The outcome could have been prevented if the medical professional had better judgment. It can result from negligence by the physician or other medical professional. It can occur if the medical professional:
Pharmacist error is a type of medical malpractice usually resulting from negligence. Some examples of pharmacist errors are:
Anesthesia is a crucial component of the surgical procedure that should not be taken for granted. An anesthesiologist’s errors can have catastrophic consequences, including brain injuries and death. An anesthesiologist may fail to:
In some instances, the equipment used to administer anesthesia may be defective. This situation allows the patient to file a claim against the equipment’s manufacturer.
Surgical procedure is where most malpractice occurs. Some surgical errors are considered “never events” by the medical community. These cases may not need expert testimony because negligence is apparent.
Leaving a sponge or other surgical instrument in the patient is the most common never event. Errors include having the wrong patient or body part operated on, or the doctor may accidentally injure another part of the patient. Infections and complications after surgery can also harm if treated. In extreme cases, a brain surgery actually causes more brain injuries.
Diagnostic errors are one of the most common types of medical errors. It includes:
Diagnostic errors of any kind have the potential to be considered medical malpractice. Diagnostic errors are among the most common types of medical mistakes. It is also the most common ground for medical malpractice claims.
Medication errors can occur at any point between the initial prescription and drug administration. For instance, the patient may be harmed if a doctor prescribes the wrong medication or medication intended to treat an incorrectly diagnosed condition. Another situation is when the correct medication is administered to the wrong patient in a hospital setting.
The most common medication errors involve dosage. The patient receives too much or too little of a drug. Dosage errors can occur when:
Childbirth errors may affect the mother or infant during pregnancy, labor, delivery, or after birth.
Negligent medical care during pregnancy could endanger both the mother and the child. Errors in prenatal childbirth include:
A birth injury is a trauma sustained by an infant during birth. Even though injuries to a baby or mother can occur at any stage of pregnancy, most birth injuries result from errors that occur during labor and delivery. They can result from obstetricians, nurses, interns, or residents making mistakes or failing to act.
Determining whether you have a medical malpractice case can be a complex process. It requires a thorough understanding of medical law and your situation’s circumstances. Here are some key factors to consider when determining if you have a medical malpractice case:
A doctor-patient relationship
To have a medical malpractice case, you must have had a doctor-patient relationship with the healthcare provider who caused the harm.
Negligence or breach of duty
You must prove that the healthcare provider in question failed to meet the expected standard of care. Meaning they were negligent or breached their duty of care.
Causation
You must prove the healthcare provider’s negligence or breach of duty caused your injury or harm.
Damages
You must have suffered damages from the healthcare provider’s actions or negligence, such as physical injury, emotional distress, or financial loss.
Suppose you believe you have been the victim of medical malpractice in Cleveland. In that case, speaking with a Cleveland medical malpractice attorney who can check your case and help you understand your legal options is essential. An attorney can investigate the circumstances of your case, gather evidence, and advocate for your rights.
Medical professionals and facilities have a greater than usual responsibility when caring for patients. They must provide care that conforms to a reasonable standard, like other qualified medical professionals under comparable circumstances. Thus, malpractice can occur when a doctor, nurse, or hospital fails to provide treatment that meets the standard, and the responsible party can be held liable.
The following professionals and facilities are frequently liable for medical malpractice:
Remember that the statute of limitations clock is ticking, after which you can no longer file a lawsuit. A plaintiff in Ohio must file a medical malpractice lawsuit within one year of the malpractice occurring. There are yet, a few exceptions to this rule:
In Cleveland, Ohio, medical malpractice victims may get entitled to two types of damages: economic and non-economic.
Economic damages refer to financial losses that are directly related to the malpractice. These may include:
These damages are calculated based on actual expenses and can be proven with documentation such as medical bills and wage statements.
Non-economic damages, on the other hand, are damages not easily quantifiable in financial terms. These damages may include pain and suffering, emotional distress, loss of enjoyment of life, and loss of consortium. Because they are subjective and cannot be easily calculated, non-economic damages are often more challenging to determine and vary significantly from case to case.
In Ohio, medical malpractice damages are limited to non-economic damages. Under Ohio Revised Code section 2323.43, non-economic damages in a medical malpractice action are limited to a maximum of $250,000 or three times the plaintiff’s economic damages, a total of $350,000 per plaintiff (or $500,000, in any case, involving more than one plaintiff).
If the negligence caused specific permanent or catastrophic injuries, the cap would be raised to $500,000 per plaintiff or $1 million in multi-plaintiff cases.
It is important to note that these damages are not automatic and must be proven in court or through a settlement negotiation. An experienced medical malpractice attorney can assist victims of medical malpractice in Cleveland, Ohio, navigate the legal process, and seek the compensation they deserve.
Yes, if you or a loved one has been the victim of medical malpractice in Cleveland, Ohio, a medical malpractice lawyer can help you seek the compensation you deserve.
Here are some ways a medical malpractice lawyer can help you:
Our Ohio medical malpractice attorneys at Ryan LLP offer strong protection for you and your loved ones if these devastating losses happen. Our commitment to you and your loved ones is unwavering. We will always act on your behalf – 24/7!
See also: Cleveland Medical Malpractice Lawyer.
Ryan LLP has been working hard to get victims the money they deserve, and we want to hear your story! Call us today if you suspect a medical professional’s negligence has caused unnecessary injury or death.
We will listen and talk with you about your case. We will create a strategy that maximizes your chances of winning your case.
Schedule your FREE case evaluation with our Cleveland medical malpractice lawyer today by calling (216) 600-0308 or filling out our online contact form.
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