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 weight of the evidence. A lawyer in your area can collect and submit evidence and build a strong lawsuit. In Ohio, these cases are difficult to win in trial; statistics show that the healthcare provider wins at least 80% of the time.
No two medical malpractice cases are exactly the same. Your lawyer will collect the evidence that builds your case. They will secure the required Affidavit of Merit and clarify your rights and the medical provider’s responsibilities. They will also consult expert witnesses and make sure your case meets all legal parameters.
Medical Malpractice Case Results
Medical errors can cause varying degrees of injury and damage to the health of the injured parties. Financial awards typically reflect the impact of the medical error. Some examples of medical malpractice settlements and verdicts include the following:
- $1,200,000 for lifelong complications caused by a delayed diagnosis
- $1,550,000 for loss of life due to the delayed diagnosis of a rare cancer
- $2,650,000 for neurological injuries suffered by a newborn due to improper care
The lawyer who accepts your case will explain each step involved in preparing your case for court. They will let you know how long a medical malpractice lawsuit takes to get resolved whether via a lawsuit or a settlement.
Types of Medical Malpractice Cases
Medical malpractice often — but not always —involves an error or mishap committed by a physician, dentist, optometrist, nurse, or another health care provider.
Types of medical malpractice can include:
- Diagnostic errors such as a misdiagnosis and a missed, delayed, and incorrect diagnosis
- Emergency room errors such as diagnostic mistakes, medication errors, and patient mix-ups
- Surgical errors such as implements being left inside a patient, nerve damage, and wrong-site surgeries
- Anesthesia errors such as wrong doses, delayed delivery, and negative patient reaction
- Birth injuries that result from failure to properly monitor the mother during pregnancy and the newborn during delivery
- Hospital negligence such as improperly trained staff, faulty equipment, and inadequate personnel
Medical malpractice can also be the result of assistive medical device errors and pharmacy errors. Your lawyer will consult a medical expert to prove your specific injury and its cause.
Challenges with Proving Medical Malpractice
Proving a health care professional made an error can be difficult. When your case goes before a jury, it can be challenging to present them with:
- Complex medical terminology
- Conflicting medical opinions
- Establishing medical negligence
You will need to understand and ensure a jury understands the acceptable standard of care in your case. You will also need to prove the difference between malpractice and an undesirable result. A medical malpractice lawyer can help optimize your case and fight hard for your preferred outcome.
A Medical Malpractice Lawyer Can Optimize Your Case
Medical malpractice cases can be difficult to manage on your own. When you hire a law firm in your area, you will benefit in the following ways — your lawyer will:
- Ensure your case meets all the requirements of your state including obtaining an Affidavit of Merit
- Handle communication, evidence submission, and settlement negotiations with the insurance company
- Consult with a variety of experts to ensure your case receives an accurate and comprehensive valuation
- Represent you in every phase of a trial from discovery to hearings to evidence preparation and preservation
When you have legal representation, you can concentrate on your recovery. While you do, your lawyer will keep your case moving. They will clarify complex legal and insurance language and consult relevant experts to decipher medical jargon.
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A Settlement Is Rarely Out of Reach
A medical malpractice lawsuit is rare, as are most personal injury lawsuits. However, many cases are resolved with an out-of-court settlement. Even when a case goes to trial, a settlement agreement could be reached before a judge or jury returns a verdict.
Get a Free Consultation of Your Medical Malpractice Case
Were you or someone you love the victim of medical malpractice? On your own, it can be difficult to prepare a case against the at-fault health care provider. Our law firm will explain the merits of your case and your odds of winning a medical malpractice lawsuit. Learn more by calling one of our case review team members at The Fitch Law Firm LLC today.