The Elements of Medical Malpractice and Your Rights in Ohio

by | Oct 29, 2014 | Firm News, Medical Malpractice |

No one wants to go through a medical malpractice case. The injuries and
suffering that go along with misdiagnoses, negligence and surgical errors
can be life changing. As a patient, you trust your doctor to do what’s
right when he or she helps you. Unfortunately, mistakes can happen, and
in those cases you may be able to seek compensation.

There are three main elements to a malpractice claim. You must be able
to show that a duty was owed to someone, the duty was breached, and the
breach of duty resulted in bodily harm or damage. For example, if you
go to the emergency room, the doctor’s duty is to treat you. If
you are not treated or treated improperly, the duty has been breached.
If you’ve suffered side effects, pain or injury from a doctor not
seeing you, then you can show harm or damage to your body.

Over half the states in the United States limit how much you can get from
a medical malpractice case as a reward. These limits are in place to keep
the cost of medical malpractice insurance lower, allegedly. In many states,
you’ll have only two years to file a claim.

Medication errors and other kinds of neglect can’t be undone. They
can leave you with scars and injuries to prove your doctor’s lack
of care. If you’ve suffered the consequences of medical malpractice,
it’s time to take the steps necessary to remedy the situation. Speak
to someone familiar with medical laws. It’s important that you receive
the compensation and assistance you need to help recover from your injuries.


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