Do I Have a Medical Malpractice-Wrongful Death Case?


The scope of the medical malpractice problem.

Statistics vary dramatically in medical conditions that occur in the United States. While other studies place a number of thousand places. It is widely accepted, however, that iatrogenic disease is a disease in the United States after heart disease and cancer. See, The JOURNAL of the AMERICAN MEDICAL ASSOCIATION (JAMA) Vol 284, No 4, July 26th 2000.

As an attorney who has limited practice, someone else is injured by someone else’s negligence, medical or otherwise, I have received thousands of calls from prospective clients. Since medical practice litigation is very expensive and is very careful what cases of medical malpractice that we choose to get involved. It is not at all uncommon for an attorney, just a litigation expenses in excess of $ 100,000.00 just to get a case to trial. These costs are associated with pursuing litigation which includes expert witness fees, deposition costs, exhibit preparation and court costs. What is the issue of the lawyers in our company? Medical Condition

What is Medical Malpractice?

Medical Malpractice is a medical treatment that breaches the “Standard of Care” for medical doctors (nurses, chiropractors, dentists, podiatrists etc …) which results in an injury or death. “Standard of Care” means a reasonable medical treatment, prudent medical provider in the same community should provide. Most cases involve a dispute over what is the applicable standard of care. The standard of care is provided by a professional doctor who practices teaching medicine in the same specialty as the defendant (s).

When did the malpractice happen (Statute of Limitations)?

In Ohio, the defendant treated the plaintiff (victim) or the date the plaintiff discovered or reasonably should have discovered the malpractice. Some states have a two year statute of limitations. In Ohio, the victim is not a beginner to run until the minor becomes 18 years old. Be advised, however, the derivative claims for parents may run many years earlier. If you think you are important you contact a lawyer soon. Irrespective of statute of limitations, doctors relocate, witnesses disappear and memories fade. The sooner is the chance to be preserved and the better your chances are of prevailing.

What did the doctor do or fail to do?

Simply because the doctor made a mistake. Medical practice is no guarantee of good health or complete recovery. Most of the time when a patient experiences an unsuccessful result from medical treatment it is not because the medical provider made a mistake. Medical care not because of sub-standard medical care.

When is there a medical negligence? As we all know people often die from cancer, heart disease or organ failure even with good medical care. However, we also know that people don’t die from knee surgery, appendix removal, hernia repair or some other “minor” surgery. When something is unexpected it is worth exploring whether there was a medical mistake. If in doubt most medical lawyers will discuss your case with you informally on the telephone. Most lawyers do not charge for initial consultation in negligence cases.

So what if there was a proximate cause?

In any negligence case not only is the burden of proof for the plaintiff to prove the medical malpractice the plaintiff must also prove that as a direct result of the medical negligence some injury or death is produced (damages). This is called “proximate cause.” Since medical practice litigation is so expensive to move forward the forward moving with the case. All medical mistakes are “malpractice” but only give a small percentage of errors to rise to medical malpractice cases.

Leave a Reply

Your email address will not be published. Required fields are marked *