Is Every Medical Mistake Malpractice?

Is every medical mistake malpractice?
Is every medical mistake malpractice?

In a health care setting, patients are often vulnerable. Medical professionals have the training and knowledge that should equip them to make the best decision in every case. Patients trust that medical professionals do not make mistakes or act in a way that falls below the expected standards of competence.

Unfortunately, things do not always go as they should. In 2016, a study at Johns Hopkins University found that medical error is the third leading cause of death in the United States. While mistakes are therefore a serious concern, not every incident rises to the level of medical malpractice.

If you believe you may have a legal case, a good place to start is with a consultation with a malpractice attorney.

Can Doctors Make Mistakes?

The short answer to this question is “yes.” In order to take legal action against a medical professional, such as a doctor or nurse, your lawyer must show that professional deviated from the standard of care. In addition, your case must demonstrate that you suffered harm as a result.

In general, the standard of care is what is expected of a professional of a similar skill, treating a patient in a similar circumstance, in your community. If evidence shows your doctor fell short of his responsibility, then the case must show you are worse off because of this action or inaction.

Do I Have Unlimited Time to Take Legal Action?

In Ohio, you generally have one year to start a lawsuit for medical malpractice, or two years if the injury lead to an individual’s passing. That’s why it’s a good idea to speak with an attorney as soon as possible, even if you are not sure if malpractice took place. Even if this amount of time has passed, you may still be able to bring a legal claim under certain circumstances.

Do I Have to Go To Court?

Medical malpractice claims are usually resolved outside of the courtroom, but sometimes these cases do go to trial. Regardless of the route your case takes, your lawyer will present medical evidence relevant to your claim and bring expert testimony to speak on your behalf. If successful, you may be able to receive compensation for medical expenses, lost wages, emotional distress, pain and suffering.

Where Can I Get Help?

FDS Law is one of Ohio’s most trusted personal injury law firms. Our medical malpractice lawyers always work on behalf of patients and never for doctors or insurance companies. To get a free, no-obligation consultation, contact us today.


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