Medical malpractice or medical negligence refers to professional negligence by a doctor, nurse, or other healthcare professional or provider who provided treatment that fell below the standard of care — causing harm, injury, or death to a patient.
Medical malpractice can take many forms such as:
- Failure to make an appropriate diagnosis
- Ordering incorrect drugs
- Incorrectly filling a prescription
- Making mistakes in performing a surgery, delivering a baby, or in treating a medical condition
Consequences of Medical Malpractice
The Journal of the American Medical Association (JAMA) identifies medical malpractice as the third leading cause of death in the United States, following heart disease and cancer. This type of negligence can have devastating consequences such as serious and permanent injury, loss of a limb, loss of an organ system, brain damage, death, or permanent incapacity to take care of one’s own self.
Importance of a Medical Malpractice Lawyer
Medical malpractice cases are highly complex procedures that are governed by numerous laws on filing and proving claims. Knowledge of the rules surrounding medical negligence actions can affect the outcome of a case.
Knowledge of Laws and Procedures
In Ohio, tort law requires a medical malpractice claim to be filed within one year from the time the act in question occurred, or from the time of its discovery. For claims against medical professionals, the suit for negligence must be filed within four years of the patient’s last treatment by the negligent physician or medical professional, regardless of when the patient discovered the malpractice.
Failing to observe the time limit may bar a recovery for damages, even if the claim is valid.
Another aspect to consider is the preparation of the Affidavit of Merit, which a medical professional must issue. This affidavit must contain a statement that the offending doctor or other medical professional breached the standard of care in the treatment of the patient, and that the breach caused harm or injury to the patient.
The Affidavit of Merit is required for filing a medical malpractice action.
An experienced medical malpractice lawyer knows all the laws, rules, procedures, and requirements for bringing a claim for compensation and obtaining a favorable outcome for clients. The attorney is also updated on the numerous tort reform statutes that govern caps, or limits, on the amount of recovery that can be obtained from a medical provider.
Access to Experts
If a claim must be brought to trial, a medical malpractice attorney is in the best position to represent you and aggressively pursue your claim by introducing admissible evidence and expert testimony necessary to establish negligence and the extent of injury.
Financial Capacity to Fund Medical Malpractice Case
Medical professionals, and their insurance carriers, typically deny and fight medical malpractice claims very aggressively. Preparing evidence and securing expert testimony for medical negligence lawsuits can involve significant financial costs of approximately $70,000 to $150,000. Medical experts are often out-of-state doctors who can command high expert fees for their opinions and testimony in court.
Choosing Condeni Law, LLC for Your Medical Malpractice Case
Our firm has more than 32 years of experience in medical malpractice cases. We have access to a wide network of experts who can review cases for us and help us determine if there was in fact a breach of the standard of care.
The attorneys at Condeni Law only take cases we believe in and provide compassionate yet aggressive representation. We avoid frivolous cases, and cases with questionable liability or harms. Every case is carefully assessed for merit, and we will only pursue a claim if a qualified expert is willing to testify on the breach of the standard of care that caused a serious harm.
In pursuing a claim, we persuasively argue to reach a sound settlement with the insurance carrier or try the case to a jury.
Contact us today for a free consultation (216) 771-1760.