Do I Have A Medical Malpractice-Wrongful Death Case?

The scope of the medical malpractice issue.

Statistics differ dramatically on the variety of medical mistakes that happen in the United States. Some research studies put the variety of medical mistakes in excess of one million annually while other research studies place the number as low as a couple of hundred thousand. It is widely accepted nevertheless that iatrogenic illness (illness or injury triggered by a medical error or medical treatment) is the third leading cause of death in the United States after heart problem and cancer. See, The JOURNAL of the AMERICAN MEDICAL ASSOCIATION (JAMA) Vol 284, No 4, July 26th 2000.

As a lawyer who has actually restricted his practice to representation of victims injured by someone else's neglect, medical or otherwise, I have actually gotten countless calls from potential customers over the last 20 years asking me if they have a medical malpractice case. Since medical malpractice lawsuits is extremely pricey and very drawn-out the legal representatives in our firm are extremely careful what medical malpractice cases in which we decide to get included. It is not at all uncommon for an attorney, or law firm to advance lawsuits expenditures in excess of $100,000.00 simply to get a case to trial. These expenditures are the costs connected with pursuing the lawsuits which include professional witness charges, deposition costs, exhibit preparation and court costs. What follows is a summary of the concerns, questions and factors to consider that the lawyers in our company consider when discussing with a client a prospective medical malpractice case.

Exactly What is Medical Malpractice?

Medical Malpractice is medical treatment that breaches of the "Requirement of Care" for medical doctors (or nurses, chiropractic doctors, dental professionals, podiatrists etc.) which leads to an injury or death. "Standard of Care" means medical treatment that a sensible, prudent medical service provider in the exact same community need to provide. Most cases include a conflict over exactly what the relevant requirement of care is. The standard of care is generally supplied through making use of specialist testimony from seeking advice from physicians that practice or teach medicine in the same specialized as the accused( s).

When did the malpractice occur (Statute of Limitations)?

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In Ohio the medical malpractice statute of restrictions is one year from the date of the malpractice, or the last date the offender dealt with the plaintiff (victim) or the date the plaintiff discovered or fairly need to have found the malpractice. Some states have a two year statute of limitations. In Ohio if the victim is a minor the statute of constraints will not even start to run until the minor becomes 18 years of ages. Be encouraged however derivative claims for parents might run several years previously. If you think you may have a case it is important you call a lawyer quickly. Regardless of the statute of restrictions, physicians move, witnesses vanish and memories fade. is engaged the earlier crucial proof can be preserved and the much better your opportunities are of prevailing.

Exactly what did the medical professional do or fail to do?

Merely since a patient does not have an effective result from a surgical treatment, medical procedure or medical treatment does not in and of itself imply the physician slipped up. is by no suggests an assurance of good health or a total recovery. Most of the time when a patient experiences an unsuccessful arise from medical treatment it is not since the medical service provider slipped up. The majority of the time when there is a bad medical result it is despite good, quality treatment not because of sub-standard healthcare.

A state-by-state breakdown of medical malpractice suits

A state-by-state breakdown of medical malpractice suits Diederich Healthcare, a medical malpractice insurance placement company, and Zippia, a company that provides career information and tools for professionals across multiple industries, have broken down that data by approximate total payouts per state in 2015, the percent change from 2014 and the number of malpractice suits filed per 100,000 residents per state in 2015, respectively.

When going over a prospective case with a client it is necessary that the client be able to tell us why they believe there was medical neglect. As we all know individuals often pass away from cancer, heart disease or organ failure even with good medical care. However, we also understand that people normally must not pass away from knee surgical treatment, appendix removal, hernia repair or some other "small" surgery. When something very unforeseen like that occurs it certainly is worth exploring whether there was a medical mistake. If in doubt most medical malpractice lawyers will discuss your case with you informally on the telephone. The majority of legal representatives do not charge for a preliminary consultation in negligence cases.

So what if there was a medical error (proximate cause)?

In any neglect case not only is the burden of proof on the plaintiff to show the medical malpractice the complainant must also show that as a direct outcome of the medical negligence some injury or death resulted (damages). This is called "near cause." Since medical malpractice lawsuits is so costly to pursue the injuries should be substantial to warrant progressing with the case. All medical errors are "malpractice" however only a small portion of mistakes generate medical malpractice cases.

By way of example, if a parent takes his boy to the emergency clinic after a skateboard mishap and the ER medical professional doesn't do x-rays despite an apparent bend in the kid's forearm and informs the papa his kid has "simply a sprain" this most likely is medical malpractice. But, if the child is properly diagnosed within a few days and makes a complete recovery it is not likely the "damages" are severe adequate to carry out a lawsuit that likely would cost in excess of $50,000.00. Nevertheless, if because of the delay in being appropriately diagnosed, the young boy has to have his arm re-broken and the growth plate is irreparably damaged due to the delay then the damages likely would necessitate further investigation and a possible suit.

Other crucial factors to consider.

Other problems that are essential when determining whether a client has a malpractice case include the victim's behavior and case history. Did the victim do anything to cause or contribute to the bad medical outcome? A common technique of medical malpractice defense lawyer is to blame the patient. If it is a birth trauma case, did the mommy have proper prenatal care, did she smoke or use drugs during her pregnancy? In other cases, did the client follow the doctor's orders, keep his appointments, take his medication as advised and inform the doctor the fact? These are realities that we need to understand in order to figure out whether the doctor will have a valid defense to the malpractice suit?

What occurs if it looks like there is a case?

If it appears that the client may have been a victim of a medical error, the medical error triggered a substantial injury or death and the patient was certified with his medical professional's orders, then we have to get the client's medical records. falls in the workplace of the times, obtaining the medical records involves nothing more mailing a release signed by the client to the medical professional and/or hospital in addition to a letter asking for the records. In the case of wrongful death, an administrator of the victims estate needs to be appointed in the local county court of probate and then the executor can sign the release requesting the records.

Once the records are gotten we review them to make sure they are total. It is not uncommon in medical negligence cases to get insufficient medical charts. Once all the appropriate records are acquired they are offered to a qualified medical expert for evaluation and opinion. If the case is against an emergency room medical professional we have an emergency clinic doctor examine the case, if it protests a cardiologist we have to get an opinion from a cardiologist, and so on

. Mainly, what we would like to know form the professional is 1) was the medical care provided listed below the standard of care, 2) did the offense of the requirement of care result in the clients injury or death? If the physicians opinion is favorable on both counts a claim will be prepared on the customer's behalf and normally filed in the court of common pleas in the county where the malpractice was committed or in the county where the offender lives. In some minimal scenarios jurisdiction for the malpractice suit could be federal court or some other court.


In sum, a good malpractice attorney will thoroughly and completely evaluate any prospective malpractice case before submitting a lawsuit. It's unfair to the victim or the doctors to file a suit unless the specialist tells us that he believes there is a strong basis to bring the suit. Due to the cost of pursuing a medical neglect action no good lawyer has the time or resources to lose on a "frivolous lawsuit."

When speaking with a malpractice legal representative it's important to precisely give the legal representative as much information as possible and address the legal representative's concerns as completely as possible. Prior to talking with a legal representative consider making some notes so you do not forget some essential reality or scenario the attorney may require. but not least, if you believe you might have a malpractice case call a good malpractice legal representative as soon as possible so there are no statute of limitations problems in your case.

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