Do I Qualify for a Medical Malpractice Claim?

Jun 17, 2014

Medical malpractice occurs when a doctor or other medical professional who fails to provide competent care injures a patient. If your doctor made a mistake while diagnosing or treating you, you may believe that you have a medical malpractice case. However, you must be able to prove that a doctor or other medical professional made a mistake and you were injured by that mistake. It is not always easy to prove this.

Requirements for Medical Malpractice Claims

In order to prove that medical malpractice occurred, you must be able to show that the doctor you are suing treated you directly. You also have to prove that the doctor was negligent. Just because you are unhappy with the outcome of your treatment doesn’t make your doctor liable for medical malpractice.

Furthermore, it’s not enough to show that your doctor made a mistake. You have to prove that the doctor’s mistake caused you specific damages or harm. The types of harm that a patient can sue for in a medical malpractice claim include physical pain, additional medical bills, lost earning capacity, and mental anguish.

Many medical malpractice cases involve patients who were already sick or injured prior to undergoing treatment, so there may be questions as to whether the doctor’s actions are what caused the harm. Therefore, patients must be able to show that a doctor’s incompetence directly caused the injury.

How to Prove That Your Doctor Didn’t Meet the Standard of Care

The standard of care is defined as the actions that any reasonable or competent healthcare professional in your community would take in a given situation. Your doctor or other healthcare provider has a legal duty to meet this standard of care. In order to prove that your doctor didn’t meet the standard of care, you will need to have a doctor testify as an expert witness. The expert witness must say that your doctor’s actions were unreasonable under the circumstances. Bear in mind that it can be challenging to find an expert witness in a medical malpractice case, as many doctors are reluctant to testify against other doctors.

In addition to proving that your doctor provided you with substandard care, you must prove that the doctor’s negligence is what caused you injuries or damages. You have to be able to show that your medical outcome would have been different if not for the substandard care you received.

If you suspect that you’ve been subjected to negligent medical care, the first step is to contact a medical malpractice attorney in Columbus, Ohio. An attorney will thoroughly review the details of your case to determine whether it is actionable. It’s essential to seek guidance from an attorney in the state where the malpractice occurred because medical malpractice laws differ from state to state. In Ohio, the statute of limitations is one year from the date of the injury. Schedule a free consultation with Agee Clymer Mitchell & Portman today to discuss your medical malpractice claim with our experienced attorneys.

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