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Medical malpractice: Determining grounds for filing a claim

What if you were to go to an Ohio doctor’s office and request examination for a series of particular symptoms you were experiencing? Would you expect the doctor to be able properly diagnose your condition? Like most patients, you likely answered “yes” or at least would expect your doctor to refer you to a specialist if he or she were unable to provide a diagnosis with confidence. Sadly, many medical malpractice cases involve doctors who failed to properly diagnose their patients’ conditions.

You obviously don’t expect your doctor to know everything or to be able to work miracles. However, you have the right to reasonably expect that he or she (and all other licensed medical care providers) will act according to the highest level of quality care as determined by accepted safety standards. What if you suffer injury or illness because of medical negligence?

Get the facts

You must first understand the legal definition of medical malpractice in order to determine if you have grounds for filing a claim. Medical malpractice is a subcategory of personal injury law. It is typically defined as medical error due to omission of appropriate action, negligence or substandard care resulting in harm, injury or death to a patient.

Your doctor and all other medical workers must adhere to regulations and protocol to help you stay as safe as possible. This is true whether you are merely going to the doctor’s office because you have a bad cold or cough as well as when you undergo surgery or long-term care for a chronic health condition.

Statistics regarding medical malpractice in the U.S.

In a perfect world, you could seek treatment at an Ohio medical facility or anywhere in the country and rest assured that your care providers will do everything they’re supposed to do in the manner they are supposed to do it. In reality, however, tens of thousands of patients file medical malpractice lawsuits every year.

Factors that constitute grounds for filing a claim

A doctor who fails to provide proper standard of care is at risk for being accused of negligence. If you believe a care provider was negligent and can show evidence that the negligence caused you injury, you would have the first two basic requirements of a medical malpractice claim satisfied.

In addition to showing that negligence led to injury, you must also convince the court that the injury in question had damaging consequences. State laws vary regarding damages, which is why it’s always best to seek support from someone specifically well-versed in Ohio injury law before heading to court.