Medical malpractice claims are often challenging to prove. Unlike other types of injury claims, they require the victim to show that someone within the medical establishment caused their injuries and other harm. This makes these cases complex. Most individuals do not have the training and experience to understand when a doctor or another health care provider acts negligently.
Ohio medical malpractice cases require evidence that the medical professional in question failed to provide an acceptable standard of care and that this action or inaction resulted in injuries or other negative health outcomes.
The key to recovering a payout in a medical malpractice case is usually expert testimony supported by substantial evidence and an effective legal strategy. Having a medical malpractice lawyer in Columbus managing your case will help ensure you can focus on healing while they handle the claims process for you.
Medical Experts Often Play a Central Role in Proving Medical Malpractice Cases
Ohio medical malpractice cases require expert testimony. Medical experts play a crucial role in these cases because they require technical, medical knowledge and experience that patients, lawyers, judges, and jurors do not generally have. For this reason, courts require each case to provide testimony from a qualified medical professional who can:
- Explain how the visit, procedure, or treatment should have happened based on current medical standards and the facts of the case, known as the standards of care
- Explain how the practitioner or facility in question deviated from the acceptable standard of care
- Explain how the care provider’s negligence caused the patient’s injuries or other negative outcomes
Ohio law requires this written testimony before the court will allow the case to proceed. It is known as an affidavit of merit. Without it, the case cannot go to trial. This makes it almost impossible to recover compensation for injuries since the leverage needed for negotiating a fair settlement generally comes from wanting to avoid court.
Other Necessary Evidence Used to Prove Medical Malpractice Cases
In addition to the affidavit of merit, a lot of other medical evidence is needed to develop a robust medical malpractice lawsuit and hold the healthcare professional or facility legally responsible. This evidence of negligence could include:
- Relevant medical records that show details of the initial complaint, tests run, diagnosis, treatment, and any medical errors that might have occurred
- Information from other doctors or specialists about the diagnosis, prognosis, and future care needs
- Statements from nurses, other doctors, or medical staff who participated in the patient’s care
- Imaging, lab results, and other medical reports that show errors or missed diagnoses
- Documentation of lost income, additional medical expenses, and other damages related to the malpractice
Your medical malpractice lawyer may identify and preserve other types of evidence specific to your case. Each case is unique and may have strong evidence to support a settlement or verdict. For example, imagine the hospital where you had surgery has a history of similar cases where surgical tools were left inside patients.
When this happens to you, your attorney can present these other cases to document that the hospital is not following acceptable protocol to prevent this surgical error. This evidence could significantly strengthen your case and help you recover fair compensation for your injuries and damages.
How Will My Attorney Help Prove My Medical Malpractice Case?
Because medical malpractice cases are difficult to prove and require testimony from expert witnesses, you will likely want to work with an attorney who handles medical malpractice law regularly. Medical malpractice lawyers often have networks of trusted experts they can call on to review the records and provide an affidavit of merit.
Other steps your personal injury attorney will likely take to manage your case include:
- Determine if your claim meets the legal criteria for medical malpractice
- Obtain your medical records, test results, imaging, and other key documents
- Ensure you meet the state’s complex filing deadlines in these cases
- Develop a strong argument that you were a victim of medical negligence
- Negotiate with insurance carriers to settle the case outside of court when possible
- Represent you in court and present compelling evidence that medical malpractice occurred
- Handle your medical malpractice case while you heal
- Provide regular updates on your case and answer your questions as needed
Our medical malpractice lawyers work on contingency fees. Not only will we handle your case from start to finish, but we do so with no upfront costs or fees. We only get paid when you do.
Are Medical Malpractice Cases Too Hard to Prove?
If you believe you have a viable complaint against a doctor or another medical care provider, do not hesitate to connect with our legal team for a free consultation. While medical negligence is difficult to prove, many people win these cases and hold doctors, hospitals, and other facilities legally responsible. A difficult case is not a good reason to let them get away with causing harm.
Medical malpractice cases are both legally and medically complex. They require that you provide a wealth of evidence—including expert testimony—to succeed in holding the healthcare provider accountable.
However, Ohio medical malpractice lawyers are able to manage the legal process to secure fair compensation for clients regularly. You should not assume you cannot recover compensation. Instead, let our medical malpractice attorneys assess your legal options and how we can help. We do not believe in letting doctors, hospitals, and other medical care providers get away with negligence.
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Talk to Our Ohio Medical Malpractice Legal Team
The Fitch Law Firm LLC provides free consultations for those who believe they might be a medical malpractice victim. We want to talk to you and learn about your case. Let us see if we can help you. While medical malpractice is often hard to prove, a medical malpractice attorney from our law firm may be able to hold the at-fault parties responsible and recover compensation for you.
Contact us today for a free consultation with our team.