What Has to Be Proven in Medical Malpractice Cases?

Medical malpractice cases are legally very complex. These are not like other personal injury claims, but instead require specific types of evidence showing that a medical professional was negligent in the care they offered.

If you were the victim of medical malpractice and have suffered physical harm and monetary losses, you have a right to fight for compensation. To succeed in your case, however, you must understand what you and your medical malpractice lawyer need to prove.

Existence of a Doctor-Patient Relationship

The foundational element of all medical malpractice cases is proving that the other party owed you a duty of care. This means showing that there was a treatment relationship between you and the medical provider. When this relationship is formed, the medical professional is required to meet the established standard of care.

Here are some types of evidence that will prove a valid doctor-patient relationship:

• A consent form you signed agreeing to be treated by the doctor
• Records of a medical appointment you attended in which the provider examined you
• Medical bills you received for the provider’s services

During emergency medical care, a lack of explicit consent doesn’t affect the doctor-patient relationship. For example, suppose that you are admitted to the hospital while unconscious. If a doctor performs emergency surgery on you, there is still a doctor-patient relationship even though you never made an appointment.

Breach of the Standard of Care

In typical personal injury claims, you have to prove that another reasonable person would not have behaved in the manner that the defendant did. Medical malpractice cases are similar; you must prove that another competent medical professional would not have made the same mistake.

If the medical professional deviated from the standard of care, they breached their duty to you.

Causation

The next thing to prove is that the defendant was the cause of your losses. You have to demonstrate that if the doctor had not been negligent in their conduct, you would not have suffered the injuries that you sustained. In other words, there must be a link between their conduct and the harm you suffered.

Imagine that you have chronic stomach pain. Over several months, you make multiple appointments with your doctor to try to find a cause for the pain. Each time, the doctor just gives you antacids without performing any diagnostic tests.

If you later learn that you have an advanced stage of colon cancer that would have been spotted if your doctor had ordered the right tests, you can hold them liable.

Proof of Damages

Finally, you also have to prove that you suffered losses. These can be physical, emotional, or financial. However, it is difficult to win a medical malpractice claim unless you were physically harmed in some way.

Understanding Ohio’s Medical Malpractice Laws

In Ohio, there are specific requirements for beginning a medical malpractice case. For one thing, you must file an affidavit of merit with your complaint. This means that a medical professional in a relevant field must state that the claim is valid and should be considered.

The affidavit can demonstrate that the specific defendant(s) deviated from the established standard of care. Without this document, your case will be dismissed.

You also need to meet the statute of limitations. Like with any civil claim, you must file in a timely manner to ensure that the evidence available is of the highest quality.

Most plaintiffs have just one year to file a medical malpractice claim in Ohio, starting on the day that the injury occurred. There are exceptions to this rule, especially if there was no way for you to realize you had been hurt until later.

Why Legal Representation Matters

Having a medical malpractice lawyer by your side as you begin a claim can help you more easily navigate this complex process. They will know medical professionals who are qualified to provide an affidavit of merit and testimony supporting that the defendant’s actions did not meet the standard of care.

Your medical malpractice attorney will also know how to negotiate effectively with insurance companies for a settlement. They will be able to accurately calculate the losses you suffered so that you can receive fair compensation, and they can take your case to court if a settlement isn’t possible.

FAQs

What Are the Most Common Forms of Medical Malpractice?

Medical malpractice involves any type of negligence by medical professionals that results in harm to a patient, with misdiagnoses, delayed diagnoses, medication errors, and surgical errors being some of the most frequent reasons people file these claims.

What Damages Can I Receive in a Medical Malpractice Case?

You can receive economic damages, which compensate you for medical expenses, including future ones, as well as lost wages. If you can’t return to work in the same capacity or at all, you can receive future lost wages.

Non-economic damages are also available. These compensate you for the emotional and physical distress you suffered, and for the loss of enjoyment of life.

What Is My Medical Malpractice Case Worth?

Some factors that can impact what your case is worth include the severity of your injuries, their effect on your life, and the amount of evidence that proves negligence.

Get Help From The Moore Law Firm When Starting Your Case

If you were injured because of a medical professional’s negligence, medical malpractice lawyers can help you fight for fair compensation. At The Moore Law Firm, our team has decades of experience helping people throughout Ohio. Contact us to schedule a free consultation with one of our attorneys.