Ohio medical malpractice law states that a doctor or other medical provider may be found liable where the conduct of the doctor or employees of the medical provider fell below the applicable standard of reasonable medical practice.
The standard of reasonable medical practice, also known as the standard of care is based on the minimum level of care the health care professional owes their patient.
For years the statistics have remained the same.
Approximately 98,000 patients die in the hospital every year because they were victims of medical malpractice. Approximately 225,000 people die in the United States because of medical malpractice, including sub-standard care, negligence, and patient abandonment. More people die from medical mistakes than from all car accident deaths. Medical malpractice mistakes involving medication errors cause injuries to over 1.3 million persons a year. Less than 2% of all malpractice victims ever seek legal action. Medical Malpractice will cost victims approximately $28 billion dollars annually.
The injured person / patient is not required to establish that the negligent acts or omissions were the sole cause of his injuries and can establish a prima facie case of medical negligence (malpractice) by proof that the provider failed to exercise reasonable care in performing services to him as a patient; that this failure increased the risk of harm or injury to the patient; and, that such harm did in fact result.
The negligent health care provider may not be the doctor, nurse or a member of the staff. It is possible that the individual is a lab or x-ray technician with certain qualifications for operating advanced medical equipment or interpreting results of tests.
A facility or company may also be liable for malpractice. Many times, a hospital, an ambulance company, a pharmacy or a nursing home will be subject to tort law - even a class action lawsuit.
Some examples of medical mistakes are:
- Failure to protect a patient from a fall or other injury on hospital property.
- Failure to administer medications properly. Failure to manage a pregnancy or deliver a baby in a safe manner.
- Failure to properly treat a patient's medical condition. Misdiagnosis of a medical condition.
Only an experienced lawyer who knows Ohio's intricate medical malpractice laws, the court system and individual rights can effectively prove your physical and/or mental injury. The DiCello Law Firm’s medical malpractice lawyers will evaluate your case thoroughly and explore all potential sources of recovery. We will help you decide your best course of action and we will develop the best legal strategy for demonstrating your claim.