What you need to know about medical malpractice

Medical malpractice cases are complex and require extensive legal knowledge to successfully litigate. If you or an Ohio loved one have been harmed due to this type of negligence, it’s important to understand the basics of these cases before moving forward. Here’s a brief overview of medical malpractice to help you get started.

Defining medical malpractice

Medical malpractice is professional negligence by a health care provider that results in harm to a patient. In order to win a medical malpractice case, plaintiffs must prove that the health care provider owed them a duty of care, breached that duty, and caused them harm as a result.

There are many different types of medical malpractice, but some common examples include:

  • A misdiagnosis or a delayed diagnosis
  • Improper treatment
  • Birth injuries
  • Surgical errors

Proving breach of duty

To prove that a health care provider breached their duty of care, the patient must first show that the provider acted below the accepted standard of care.

The standard of care is determined by expert testimony and typically varies depending on the patient’s age, health condition, and location. For example, the standard of care for a child with a cold would be different than the standard of care for an elderly patient with cancer.

Proving causation

After a duty of care has been established and it’s been shown that the health care provider breached that duty, the next step is to prove causation. In order to do this, plaintiffs must show that the health care provider’s negligence was a direct cause of their harm.

This can be difficult to prove, as there are often many factors that contribute to a person’s injuries. However, with the help of an experienced attorney and expert witnesses, it is possible to build a strong case for causation.

Medical malpractice can make a person feel powerless. But by arming yourself with knowledge about these cases, you can take steps to protect your rights and get the compensation you deserve.