Parma Medical Malpractice Attorney
Medical malpractice can interfere with your ability to receive the medical care you need as a patient. It can lead to serious injuries, illnesses and infections. Some patients never fully recover from medical malpractice. If you suffered an injury and suspect medical malpractice is to blame, contact the Parma medical malpractice attorneys at Elk & Elk to find out how we can help. Our lawyers are passionate about holding negligent doctors and hospitals in Ohio accountable.
What Is Medical Malpractice?
Medical malpractice describes any type of wrongdoing by a health care practitioner that a prudent physician would not have committed in the same or similar circumstances. A doctor or nurse may be guilty of medical malpractice if he or she knowingly did something outside of the medical industry’s accepted standard of care while knowing it could cause patient injury.
Medical malpractice can take many forms:
- Surgical mistakes
- Anesthesia errors
- Medication mistakes
- Failure to diagnose
- Premature discharge
- Birth injuries
- Emergency room errors
- Medical device defects
Even if a doctor did not mean to breach a standard of care, but did so carelessly or unintentionally, he or she is guilty of medical negligence. If medical negligence or malpractice causes patient injury or death, the practitioner or health care facility will be liable for damages.
Do You Have a Medical Malpractice Case?
To bring a medical malpractice claim in Ohio, you or your lawyer must demonstrate with clear and convincing evidence that the defendant in question caused your injury. You must show your injury would not have occurred but for the defendant’s mistake.
To prove medical malpractice, you must have evidence of three key elements:
- A doctor-patient relationship. You and the defendant must have had a doctor-patient relationship at the time of the medical error. This relationship is what gives the practitioner a legal obligation to treat you according to the medical standards of care.
- Negligence in rendering care. The defendant must have been negligent in rendering care to you as a patient. For example, the doctor must have skipped a step during diagnosis, misinterpreted test results, ignored your complaints or committed another act of negligence.
- Causation for your injury or illness. The defendant’s mistake must be the proximate or main cause of your injury or illness. If you would have suffered the same prognosis even with prudent medical care, the defendant may not be liable.
A medical malpractice attorney in Parma can help you gather evidence to prove these three elements as more likely to be true than not true (the burden of proof in a civil claim). Your lawyer can also help you establish the compensable losses you suffered due to malpractice.
Medical Malpractice Laws in Ohio
There is a statute of limitations on all medical malpractice lawsuits in Ohio. This law places a deadline of no more than one year from the date the underlying medical error took place. If you fail to file your lawsuit within one year of the malpractice, you could lose the right to file; however, there are some exceptions for delayed injury discovery.
Ohio also has a medical affidavit of merit requirement. This requires you to submit a document signed by an expert medical witness who is of the opinion that the standard of care was not met.
Why You Need a Parma, OH Medical Malpractice Attorney
Medical malpractice is one of the most complex types of civil claims. It is imperative to hire an attorney to help you navigate the law. Otherwise, you could make common mistakes such as missing your filing deadline, or struggle to obtain an adequate settlement award for your serious injuries and losses.
Contact Elk & Elk Today | Free Medical Malpractice Consultations in Parma, Ohio
If you or a loved one suffered an injury due to medical malpractice, contact Elk & Elk for a free consultation. We can help you and your family work through the claims process while you focus on healing from your injuries. Our lawyers can give you peace of mind when you need it the most.
Speak to a medical malpractice attorney in Parma, Ohio for free today. Call 1-800-ELK-OHIO 24/7 or contact us online.