If you received medical treatment from a professional and feel that you
were not treated fairly during the procedure, or that negligence was involved
in the situation, then you may have a legitimate medical malpractice case.
Medical malpractice can be proven in court under several theories.
Establishing Medical Negligence
It is believed that many cases of medical malpractice stem from the negligence
of another party, such as a medical professional.
In order to establish a clear case, the victim (plaintiff) and the medical
malpractice attorney must prove several points:
- the existence of a patient/doctor relationship;
- a breach of duty, or evidence of deviation from standard care;
- a relationship between the doctor’s deviation from standard care
and the patient’s injury; and
- actual injury.
Negligence can come in the form of an injury that occurred during a procedure
or surgery, or from medical devices or prescriptions in which a medical
professional gave the patient incorrect instructions regarding the use
of a medical device. Giving a patient an incorrect drug or dosage can
also constitute a medical malpractice case.
This is because your doctor should be well-informed about any drugs before
prescribing them to you and therefore he or she must be able to adequately
determine if the drug is right for your situation. If you have been the
victim of this type of negligence, you should contact an Ohio medical
Informed consent is also a situation that may lead to a medical malpractice
case. Informed consent means that the patient gives the doctor the go-ahead
to proceed with a specific surgery or procedure, after they have been
informed of the risks, benefits and any alternatives.
This agreement must be in writing. Failure to perform a procedure without
a patient’s written consent is not only negligent, but can also
Proving Fault in a Medical Malpractice Case
Proving fault is difficult in a medical malpractice case because of several
factors.First, medical experts in the same field as the defendant must
be hired to testify and inform the court of what should have been done
under professional medical standards.
In addition, the medical reports that would prove any wrongdoing are written
by the defendant. Because they are typically the only ones present during
the procedure, they can describe the incident any way that they want, and
they obviously do not want to place the blame on themselves.
Medical professionals may also find ways to modify the medical reports
and cover themselves so they are not accused of any wrongdoing. It takes
a very experienced medical malpractice attorney to handle this type of
case and use any evidence to their client’s advantage.
However, because the law realizes how difficult it can be for a patient
to prove medical negligence, plaintiffs have the right to use a doctrine called
res ipsa loquitur. In Latin, this means “the thing speaks for itself.” To use
this doctrine in the court of law, an injured patient just needs to prove
that an injury or other type of result occurred during a procedure, and
it would have only occurred because of the negligent actions of another party.
The plaintiff must prove the following:
- there is no obtainable evidence of the actual cause of injury;
- the plaintiff did not cause the injury to himself or herself;
- the injury does not typically occur in the absence of negligence;
- the defendant could control the cause of the injury; and
- the injury was not caused by something in which the defendant had no control over.
res ipsa loquitur doctrine is used in court, it is then up to the defendant to prove that
he or she did not cause the accused negligence.
Contacting a Medical Malpractice Attorney in Ohio
You need a professional and experienced medical malpractice attorney to
medical malpractice case. Call Mellino Law Firm today at (440) 333-3800 for a