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When a health care provider fails to provide care that meets the required standard of care, they could be held liable for medical malpractice. If you or a loved one were injured or your health was damaged, you could have a case for compensation. The odds of winning a medical malpractice lawsuit depend on the …
When a medical professional’s actions or inactions have harmed you, you may be able to recover compensation via a medical malpractice lawsuit. If you’re pursuing this legal action, you need to know what makes your case medical malpractice and if the facts of your situation align with the four legal elements of a medical malpractice …
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 …
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 …
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 …
A medical malpractice lawsuit must satisfy specific elements before a patient can win their case. The four elements of medical malpractice are: The medical practitioner owed the patient a professional duty of care. The medical practitioner breached their duty of care to their patient. As a result of that breach, they directly caused harm to …
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. …
When someone injures you through no fault of your own, you want the negligent party to pay for your damages. Your attorney will need to determine what type of case you have before moving forward. There are differences between a medical malpractice and personal injury case. Medical malpractice is a subset of personal injury that …
There is no single response to the question, “how hard is it to prove medical malpractice?” The difficulty of proving medical malpractice varies from one case to the next and may depend on: How egregious the medical professional’s actions (or failures) were The evidence available to your attorney Witnesses’ willingness to testify on your case’s …
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 …
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 of care to you Failed to meet …
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 …
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 …
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 …
