When you go in for any medical treatment or surgery, there’s always a chance that something could go wrong. In the unfortunate event that you suffer from an avoidable accident during your treatment, you could have a medical malpractice case on your hand.
Fortunately, with the right preparation and plan, you can get the compensation you deserve. Let’s say you went in for treatment in Ohio, with the help of medical malpractice attorneys in Ohio you can understand the laws and liabilities of your case and how to move forward.
If you or someone you loved suffered due to a healthcare provider’s negligence, you deserve compensation. Medical malpractice attorneys can help you gather the evidence you need to successfully file a claim or lawsuit.
Who is Liable in a Medical Malpractice Case?
Knowing who was at fault in your case is crucial for seeking fair compensation. Proving liability isn’t easy, but it becomes easier when you know who or what to look for.
There are two main parties that can be held liable in a medical malpractice claim:
I. Healthcare Providers
Doctors, nurses, and technicians are responsible for the well-being of their patients. If the provider fails to adhere to the high standard of care expected of them, patients could suffer additional injuries or even death.
Examples of when a healthcare provider is liable for your case include the following:
- A doctor misdiagnoses you or provides inaccurate treatment for your diagnosis.
- A nurse fails to give you the proper medication or dosage.
- A technician uses unsterilized equipment to take your vitals.
- A surgeon performs the wrong operation on you.
II. The Hospital or Treatment Facility
Generally, if your healthcare provider works in a hospital or larger treatment practice, that corporation can be held liable for their negligence.
Through vicarious liability, patients who suffer medical malpractice can file claims with the hospital’s insurance or sue the treatment facility directly.
What You Need for a Medical Malpractice Claim
Medical malpractice attorneys in Ohio (or where you reside) will know what files and evidence you need to have to submit your malpractice claim. But knowing ahead of time can help you get ahead of the game and ensure your case is handled swiftly and with successful results.
Here’s what you’ll need when submitting a medical malpractice claim:
I. Proof of Doctor-Patient Relationship
You can’t file a medical malpractice claim if you don’t have a doctor-patient relationship with the defendant.
Since not all responsible parties are technically doctors, you still need proof they were in charge of your healthcare. This could be notes from your visit, a signed prescription pad, or hospital records.
II. Proof of Negligence
There is a certain level of risk that comes with many medical treatments. But if your case was more than just an accident, you’ll need proof. This could be a second opinion on a misdiagnosis, lab results that show a prescription was harmful, or other medical records indicating negligence.
III. Casual Factor
Not all medical negligence leads to accidents, and it’s up to you to prove that the negligence did cause harm. In most cases, the testimony of a medical expert who is removed from the situation can help prove this case.
IV. Damages Occurred
Finally, to get compensation, you have to prove that you suffered the consequences of negligence. Medical malpractice can lead to worsening conditions, new ailments, or even death. Recent medical records can be used to prove damage done.