The percentage of medical malpractice lawsuits that settle out of court is hard to say. Department of Justice statistics note that 7% of medical malpractice cases end in a trial, so the others either drop their claims or settle. Although, 95% of personal injury claims settle before trial. Settlements do not become part of the …
How Long does a Medical Malpractice Lawsuit Take to Get Resolved?
When you are involved in a medical malpractice lawsuit, you may wonder how long it will take for the case to get resolved. While every case is different, remember that Ohio and its courts must allow both parties to have the opportunity to state their side. Also know our lawyers cannot make any promises as …
Who Can I Sue in a Medical Malpractice Case?
When suing in a medical malpractice case, victims can list one or more responsible parties. These can be institutions, such as hospitals or outpatient clinics, or individuals, such as doctors, nurses, or pharmacists. Determining which parties should be part of the malpractice claim can be difficult. A medical malpractice lawyer can help victims work through …
What Are the Four Elements of Medical Malpractice?
The four elements of medical malpractice are: Owed the patient a professional duty of care Breached their duty to their patient Caused harm due to their breach of duty If you decide to seek financial compensation from the at-fault health care professional or facility, these elements must be proven as part of your compensation lawsuit. …
What is Newborn Brain Anoxia?
Newborn brain anoxia is a birth injury that occurs when a baby’s brain does not receive enough oxygen. Lack of oxygen to the brain is a life-threatening medical condition that often leads to long-term impairment. Unavoidable medical complications during an infant’s birth may cause anoxia, or it may be the result of negligent medical care. …
What Is the Difference Between Medical Malpractice and Personal Injury?
A medical malpractice lawsuit stems from a medical error or mishap you sustained due to the negligence of a medical professional or facility, while a personal injury lawsuit might stem from any injury you sustain due to the negligence of another person or injury. A lawyer from our firm can clarify the difference between medical …
How Hard Is It to Prove Medical Malpractice?
It can be hard to prove medical malpractice, but a medical malpractice lawyer can help you navigate this difficult legal area. Ohio has specific regulations concerning what constitutes medical malpractice and how long you have to file a medical malpractice lawsuit. Know the Definition of Medical Malpractice Medical malpractice refers to a diagnosis, care, or …
What Is the Most Common Reason for Malpractice?
The most common reasons for malpractice in a healthcare setting include things like mistakes in medications or dosages, surgical errors, and more. In general, medical malpractice situations involve any instance where your healthcare provider failed to treat you according to a specific level of care that he or she owed you. Although doctors receive a …
What Is Considered Medical Malpractice?
Medical malpractice is distinct from a negative medical outcome. Your medical injury is considered medical malpractice if your doctor failed to live up to their responsibilities as your healthcare provider. According to Clinical Orthopaedics and Related Research, your doctor may have committed malpractice if they: Had a duty to care for you and to look …
What Is Medical Malpractice?
Medical malpractice occurs when patients suffer harm as a result of the negligence, errors, or incompetence of their doctor or another caregiver. Examples of medical malpractice may include: Missed diagnosis Misdiagnosis Medication errors Wrong-site surgery Birth injuries Negligence from dentists, optometrists, or chiropractors And a variety of other mistakes Unfortunately, medical malpractice is a regular …
Will a pre-existing condition or drug abuse on my medical record affect my personal injury claim?
When it comes to personal injury claims, countless people who are injured in an accident are already dealing with a condition or injury to their body, more commonly referred to as a “pre-existing condition.” Examples of pre-existing medical conditions are head injury, back pain, neck pain, and other aches and pains. Can a pre-existing condition …
What You Need to Know About Medical Malpractice
Medical Malpractice Basics Medical malpractice is a serious problem in the U.S. In fact, it is now the third leading cause of death following heart disease and cancer, according to the Journal of the American Medical Association. Experts estimate that medical errors kill approximately 200,000 Americans annually. In 2012, over $3 billion was expended in …