Medical Malpractice Frequently Asked Questions
The medical malpractice attorneys at Tittle & Perlmuter in Cleveland and Elyria, Ohio fight for medical malpractice victims in many types of cases. Below, we provide answers to commonly asked medical malpractice questions. Please contact us for additional information.
1. What is Medical Malpractice?
Medical malpractice, also known as medical negligence, occurs when a medical care provider, such as a doctor, hospital, nurse, technician, or other health care provider fails to provide care using good and accepted medical techniques or principles, which then causes harm or death to the patient. In other words, a medical care provider fails to provide care within the requisite standard of care, which leads to injury or death. A poor outcome or surgical complication does not necessarily mean that medical care provider was negligent. A medical malpractice lawyer can help you determine if your health care provider did not provide acceptable care or if medical mistakes occurred.
2. What are some examples of medical malpractice?
Examples of medical malpractice can include the following: birth injuries, surgical errors, medication errors, diagnostic errors, anesthesia errors, emergency room errors, radiology errors, failure to diagnose, misdiagnosis, nursing home abuse, failure to provide a necessary test, delay in diagnosis, leaving a surgical instrument in the body, and more.
3. Does a poor outcome mean that medical malpractice has occurred?
Generally, no. To prevail in a medical malpractice action, the plaintiff must prove that the doctor or other healthcare provider was negligent. Unintended complications or side effects to a particular treatment may occur absent malpractice. For example, some types of unintended complications that can occur without malpractice are infections or bleeding.
4. Can I sue for medical malpractice?
If you suffered serious injury as a result of medical negligence, you can file suit – the same goes for family members of victims of medical negligence who have lost their lives. Further, suit can be brought against any type of medical care provider who provided healthcare services, not just doctors.
5. How long do I have to file a medical malpractice lawsuit?
In the state of Ohio, generally, you have one year from the date of the negligence to bring a medical malpractice claim. However, there are several exceptions to this general rule, such as the discovery rule, termination of the physician-patient relationship, or if the victim was under a legal disability. It is best to contact an experienced medical malpractice lawyer to help you determine the proper statute of limitation.
6. How long will my medical malpractice case take?
In short, it depends on a number of factors, especially in light of the fact that every medical malpractice case is different. The factors that can cause the time to vary are as follows: the number of parties involved, the number of depositions and investigation needed, schedules and commitments of experts, the schedule of the court, and so on.
7. How much does a medical malpractice lawyer cost?
Tittle & Perlmuter handles medical malpractice cases on a contingency fee basis. This means that if we are able to make a recovery on your behalf, we will collect a percentage of your award to cover legal costs. Conversely, if we are unsuccessful in prosecuting your case, you will not be responsible for any of the costs incurred. For more information, please read the Tittle & Perlmuter pledge.
8. What kinds of expenses are involved in medical negligence cases?
The costs involved in prosecuting medical malpractice cases are very high. For example, medical records must be obtained, expert witnesses must be retained, and depositions must be carried out. Expenses may also involve the cost of exhibits and technology to fully demonstrate the devastating injuries that are personal to each of our clients. Depending on the case, the cost to Tittle & Perlmuter to take a medical negligence to trial often runs from $50,000 to $200,000.
9. Do you represent doctors and hospitals?
No. Tittle & Perlmuter only represents injured persons and is committed to fighting for “the little guy.” We do not represent any doctors or hospitals in medical negligence actions.
10. What should I do if I suspect that medical malpractice has occurred?
If you suspect that medical malpractice has occurred, do not accuse the health care providers or threaten that you are going to call an attorney. Instead, as soon as possible, contact an experience medical malpractice attorney. Additionally, if possible, obtain a copy of your medical records for the attorney to review. Further, if the patient’s care with physician suspected of malpractice is ongoing, you may want to transfer to another hospital or health care provider.
11. Are medical malpractice cases common?
According to the Journal of Patient Safety, each year, between 210,000 and 440,000 patients die as a result of medical negligence or medical malpractice. In other words, medical errors are the third-leading cause of death in America, behind heart disease, which is the first, and cancer, which is second. Thousands more Americans are injured as a result of medical errors annually. Despite this high incidence of medical malpractice, statistics prove most medical malpractice goes unrecognized and unreported, with only about two percent of injured patients seeking compensation through a lawsuit.
If a doctor or other healthcare provider has injured you or a loved one, you may be entitled to recover compensation for your losses. Contact Tittle & Perlmuter today for a free consultation – Tittle & Perlmuter. For Truth. For Justice. For You.