Medical malpractice is more than just bad medicine. The first rule of medicine is “to do no harm”. Medical Malpractice occurs when the action of a physician or other healthcare worker results in harm to a patient.
In all cases of medical malpractice the common denominator is that the medical care received is below the accepted standard of care for the condition — resulting in significant avoidable injury, worsening of the condition, unnecessary suffering or wrongful death.
Abuse or negligence of patients in nursing homes are grounds for a medical malpractice lawsuit. According to 42 CFR § 488.301, the federal definition of abuse is “the willful infliction of injury, unreasonable confinement, intimidation, or punishment with resulting physical harm, pain or mental anguish.” Neglect differs from abuse in that it is unintentional. Neglect is caused by inaction or indifference, not willful intent to harm the patient. However, both abuse and negligence can lead to physical, mental, and/or emotional harm of the patients.
If a surgeon’s negligent conduct is below the accepted standard of surgical care, and the negligence causes injury or harm to the patient, the patient has grounds for a case of medical malpractice. Errors go beyond acceptable risks or complications that could arise in surgery. Causes for surgical errors include inadequate preoperative planning, miscommunication, and neglect, among others.
Wrongful death occurs when a patient dies due to preventable medical errors. A medical malpractice lawsuit in these situations are not on behalf of the deceased, but instead claim that the close family members suffered compensable losses as a result of this death.
If an error is made in the administration of anesthesia, and it results in major complications, a patient may have reason to bring forth a medical malpractice lawsuit.
Childbirth-related injuries can refer to those suffered by the mother or those incurred by the newborn baby. Injuries caused by the misuse of instruments or other medical errors are grounds for a case of medical malpractice.
An abuse to the brain caused by external factors is a brain injury. If these external factors are negligence or errors by medical practitioners, medical malpractice may apply.
Cerebral palsy is characterized by loss or impairment of motor function, caused by a brain injury or brain malfunction. Normally children are born with cerebral palsy, but sometimes it is caused by medical malpractice.
Cosmetic surgery includes both cosmetic and reconstructive surgery. When unqualified, untrained, or negligent physicians cause surgical errors, a patient can suffer considerable damages. When treatment falls short of accepted medical standards and causes injury to the patient, a patient has reason to sue for medical malpractice.
Medical malpractice laws are unique for emergency medical care. First responders have legal protection from medical malpractice, unless they acted recklessly or with the intent to harm. Standard medical malpractice rules do apply to ER doctors, nurses, and other medical personnel. Under certain circumstances, hospitals can be sued for medical malpractice as employers of ER medical personnel. Good Samaritan laws protect individuals who respond to an emergency situation from being sued for malpractice. Doctors are covered by Good Samaritan laws if they are off-duty, near the accident or emergency situation, and don’t have a pre-existing relationship with the patient. With the complexity of the laws regarding medical malpractice for emergency response mistakes, it is best to contact a medical malpractice attorney to navigate the laws.
The three most common medication errors are the wrong medication given, the wrong dose given, and the wrong directions for use. If a medication error results in serious injury or death, the patient or the patient’s loved one should consider a medical malpractice case.
The most common cases of medical malpractice are misdiagnosis and failure to diagnose a medical condition. Conditions most often overlooked or misdiagnosed include: cancer, allergic reactions, meningitis, and stroke, among others. Proving misdiagnosis or failure to diagnose is difficult, and a patient who has suffered from this should consult a medical malpractice lawyer.
If you or a loved one live in Ohio and have been victims of medical malpractice, you might need the counsel of an Ohio medical malpractice attorney. The lawyers of Agee Clymer Mitchell & Portman are here to assist any wronged patients in a medical malpractice lawsuit. Contact us today for a free consultation.