Medical Malpractice
Medical malpractice occurs when an injury results from a medical professional's negligence. This happens when the liable party fails to exercise adequate care, skill or diligence when performing a duty. The duty of care depends on the standard of care for that professional or facility, within that community. Malpractice occurs when the medical professional fails to follow the accepted practices of similar professionals or facilities located in the same geographic area. Medical specialists are held to the standard of care of the specialty in the same geographic area.
To establish medical malpractice, a victim must show each of the following:
- The health care provider failed to exercise a duty of care; and
- The failure to exercise a duty of care resulted in the injury.
Expert witnesses are generally required in medical malpractice cases to establish the connection between the medical professional's negligence and the injury to the patient.
In some cases, a medical professional may have provided care as an employee of a hospital. In such cases, hospitals are generally liable for their employees' actions performed within the scope of employment. As a result, a hospital could be liable for the actions of a doctor or nurse employed by the hospital.
The specific rules governing medical malpractice in Ohio can be found in the Ohio Revised Code.
Examples of Medical Malpractice
Medical errors that could lead to a medical malpractice claim include:
- Surgical errors
- Medication errors
- Improperly prescribing a drug to a patient
- Failure to advise or diagnose
- Improper diagnosis
- Failing to inform a patient of treatment options
- Medical instruments, sponges, or other objects left inside the patient after surgery
- Prenatal diagnostic testing errors
- Failure to obtain informed consent
- Performing below standard treatment or performing treatment incorrectly
Medical Malpractice Litigation
A medical malpractice action generally must be initiated within one year after the cause of action accrues, although the Ohio code might allow for a greater passage of time. Accrual in Ohio, according to the Ohio Revised Code, generally occurs when the victim discovers or should have discovered the resulting injury, or when the physician-patient relationship for the condition terminates (whichever happens later in time). Consequently, if you or a loved one has been the victim of medical malpractice, it is strongly recommended that you seek the advice of experienced legal counsel immediately to determine your options, to preserve your rights and get accurate advice regarding the statute of limitations for your case. Contact Anderson Law Offices for a free evaluation of your case.
