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The Elements of Medical Malpractice and Your Rights in Ohio

The Lancione Law Firm

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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