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Lawyers for Physician Negligence in Ohio
When a physician makes a mistake that results in harm, proving medical negligence is crucial for recovering compensation. While not every error amounts to negligence, the law holds doctors to a high standard. Because the medical field is highly technical, proving physician negligence often requires careful work, including expert input from other medical providers, and the attention of an experienced physician negligence attorney. Crandall & Pera Law’s compassionate medical malpractice lawyers are here to help you assert your rights if you were injured by a negligent doctor in Ohio.
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Understanding physician negligence
Medical negligence is a legal concept. Under Ohio law, a mistake by a doctor will rise to the level of negligence when it deviates from the accepted standard of care for other reasonable physicians in the same practice area. In other words, if a doctor acts in the way their peers would in the same circumstances, then they are likely not negligent; but if they deviate from that standard and cause harm, they may be liable for injuries they caused. To build a successful negligence case against a physician, there are several things you must prove.
Elements of proving physician negligence
- Doctor-Patient Relationship: Establishing the existence of a professional relationship is the first factor. The doctor involved cannot be a person who offered free advice at a party. There must be a legitimate doctor-patient relationship.
- Duty of Care: The doctor must have a legal obligation to provide care in accordance with accepted medical standards.
- Breach of Duty: The doctor failed to meet the standard of care based on the expected abilities and actions of their peers.
- Causation: The breach directly caused injury or harm, based on the medical records and expert testimony.
- Damages: The injury resulted in real damages, including actual economic costs like medical expenses in addition to any pain, and suffering.
Steps to prove physician negligence
If you know or suspect that a physician’s negligence caused you injuries, you should reach out to a physician negligence attorney right away. There are several steps that you can take to start building a strong case.
1) Obtain necessary diagnosis and treatment
One of the first steps to take is to seek a medical diagnosis and treatment to reduce the risk of further harm. Not only is this necessary for protecting your health, but it will also come into play when proving your claim. If you do not seek treatment, the insurer or opposing legal team may use that information to claim your injuries are not serious. Your providers may serve as witnesses as well because medical input will be vital when it comes to demonstrating that your previous doctor made an error.
2) Collect relevant medical records
You can help build the case by gathering all your medical records, including scans, test results, prescriptions, bills, and receipts. If your provider uses an online healthcare portal, you may be able to login and download your records. Unfortunately, tracking down all of your records is not always as easy as it should be. If you run into obstacles, your lawyer can help you gain access to copies of other records that you need.
3) Engage a medical expert
Your attorney will reach out to a medical expert who can review your records. Experts play an important role in determining if your doctor's actions deviated from the standard of care. In many cases, laypeople will not know enough about medical care to determine whether or not the provider was negligent. The testimony and report from an expert will help to show the mistakes and their consequences.
4) Build a case for medical negligence under Ohio law
Working with your physician negligence attorney, you will use the evidence to establish a strong case. Your lawyer needs the evidence to help back their claims for maximum compensation when they enter settlement negotiations. If the insurer or provider will not offer a reasonable settlement or admit fault, your lawyer can choose to file a lawsuit and bring your case to court.
Common forms of physician negligence
Every case is different, and not all forms of medical negligence will fall into one of the most common types. However, there are some frequent causes of physician negligence.
Misdiagnosis or missed diagnosis
Some of the more common and most devastating medical errors occur because a physician fails to properly diagnose a patient. Missing a diagnosis or diagnosing a serious condition, like a heart attack, with something far less concerning, like heartburn, can have severe and even fatal consequences. There are many reasons why a doctor may not properly diagnose a patient, including bias, misinterpreting test results, or failing to order the proper tests.
Medication errors
Pharmaceuticals are some of the more common treatments for patients. However, medication errors are a major problem within the medical industry. Whether by prescribing the wrong medication, the wrong dosage, giving a patient a drug they are known to be allergic to, or another mistake, the damage can be severe and potentially deadly.
Surgical mistakes
Surgical errors include shocking mistakes like operating on the wrong body part or the wrong patient, as well as causing injuries by cutting or puncturing a body part. In some cases, surgeons have even left equipment inside of a patient, causing further harm and the need for additional procedures.
Importance of legal assistance in physician negligence claims
Physician negligence cases are complicated. Additionally, the physician, hospital, or other at-fault party will likely have insurers and legal teams that are looking to minimize their exposure. An experienced medical malpractice lawyer will have processes for working with medical providers to build compelling claims. Your attorney will also put you in a better position when negotiating a settlement, or while preparing to take your case to trial.
Recovering compensation in a physician negligence case
A successful medical negligence case helps families recover compensation for the costs, injuries, and harm they suffered because of a negligent physician. Some of the damages you can collect if you prove your doctor negligently caused your injuries include:
- Medical costs and hospital expenses (both for past medical care and future anticipated costs)
- Loss of earnings (your lost earnings can include past and future income losses)
- Physical impairment or disability
- Disfigurement
- Emotional distress and suffering
- Loss of companionship (in the case of wrongful death actions)
Do not wait to start your claim
If you or a family member sustained injuries because of physician negligence in Ohio, you need to contact a lawyer as soon as possible. Ohio’s statute of limitations for medical malpractice claims requires that you file your case within one year of discovering, or when you should have discovered, your injury. While there are certain limited exceptions, you must file within four years under most circumstances, even if it took time for you to discover your injuries.
Starting your claim is the first step toward recovering compensation that can allow you to focus on healing and getting your life back. There is no reason to wait to start that process.
Physician negligence attorneys ready to help
Proving medical negligence in Ohio requires thorough investigation, expert testimony, and detailed evidence collection. If you believe you have suffered due to a doctor's mistake, you need to speak with a knowledgeable attorney. Schedule a free consultation with one of Crandall & Pera Law’s compassionate, experienced physician negligence lawyers to explore your legal options and seek the compensation you deserve.