Every medical professional has the same duty to provide competent care to their patients. This applies equally to doctors, nurses, dentists, and hospitals. When a failure to provide this standard of care results in a new injury or the worsening of a current condition, this may indicate medical malpractice.
People who suffer harm because of medical negligence have rights under the law. This includes the right to demand compensation for their physical, emotional, and financial losses. However, these claims can be some of the most complex and require a skilled injury attorney to prosecute in civil court.
Our Chardon medical malpractice lawyers stand ready to take the lead. We could work with patients to help them to understand their rights and explain how a doctor’s actions may have violated those rights. We also could gather essential evidence and hire a medical expert necessary to pursue the claim.
The Legal Requirements for Malpractice Cases in Chardon
A medical malpractice claim alleges that a doctor or another health care professional was negligent and provided subpar care to a patient. Every doctor has a duty to provide competent care, and a failure to do so could have catastrophic consequences. It falls to an injured plaintiff to prove this concept in court. Medical malpractice may occur in many ways. Some common examples may include:
- A failure to provide an accurate diagnosis
- An improper interpretation of test results
- Prescribing an improper medication
- Failing to perform a surgical or remedial procedure correctly
- Not referring a patient to a relevant specialist
In many of these cases, the question of fault on the part of the defendant is not immediately apparent. State law requires plaintiffs to work with medical experts who can review their records to provide their opinion as to whether malpractice has occurred. According to Ohio Rules of Civil Procedure §10(D)(2)(a), a complaint alleging medical malpractice must include an affidavit from at least one expert witness. This affidavit must state that the expert reviewed the claimant’s medical records, is familiar with the standard of care, and acknowledges that a defendant breached this standard. An attorney in Chardon could help a medical negligence claimant gather the necessary evidence to prepare this document.
Available Compensation
The purpose of a physician malpractice case is to provide a plaintiff with the necessary compensation to set things right. This requires a plaintiff to demonstrate how the incident has affected their physical health, their emotional well-being, and their economic standing.
The major portion of a claim centers around recovering payments for the costs of additional medical care. These payments should take past care and future needs into account. Typically, there is no damage cap on these damages as well as other economic losses.
However, there is a limit as to how much compensation a jury may award a plaintiff for their noneconomic damages. Commonly called pain and suffering, the state places a maximum limit of $250,000, or three times the economic damages up to $350,000. However, there is a special rule for catastrophic injuries that affect a person’s organs or the use of their limbs. Here, the noneconomic damages cap rises to $500,000. A skilled lawyer could pursue a claim for all appropriate compensation in a Chardon medical negligence case.
Contact a Chardon Medical Malpractice Attorney
Every person who visits a medical provider has the right to expect that they will receive competent care. While this does not guarantee a positive result, it does place a burden on medical providers to try their best to work toward a better outcome. When doctors fail in this obligation, they commit medical malpractice.
Those who experience this form of negligence may be able to demand compensation for their losses. Our dedicated Chardon medical malpractice lawyers at Tittle & Perlmuter could help you through this process if you receive substandard care from your doctor. We could work with you to evaluate your case, contact the necessary experts, and protect your interests during settlement talks. Call today to learn more.