Almost any healthcare professionals can be sued for malpractice if they fail to provide the standard of care expected in their field. This includes doctors, nurses, dentists, pharmacists, and even therapists, among others. When you receive medical treatment, there are various points at which errors can occur, from diagnosis to medication management and surgical interventions.
Understanding the range of professionals responsible for your care is crucial, as is knowing the different scenarios that might lead to a malpractice claim. Each role carries specific responsibilities, and breaches of these duties can be grounds for a lawsuit. If you believe you’ve been harmed due to inadequate or incorrect medical care, consulting a Columbus medical malpractice lawyer can help you understand your legal options and process the complexities of filing a claim.
What Qualifies as Medical Malpractice
Medical malpractice occurs when a healthcare professionals deviates from the standards of their profession, resulting in harm to a patient. This concept hinges on four critical elements: a duty of care was owed to the patient, the duty was breached, the breach directly caused harm or injury, and the patient is now left with damages.
Distinguishing between a medical complication and malpractice is crucial. A complication is an unexpected problem that arises despite the proper adherence to medical standards; complications can occur even with the highest level of care and do not typically qualify as malpractice. Malpractice must include a deviation from the standards of professional healthcare.
Common types of medical malpractice include:
- Diagnostic errors: Misdiagnosis or delayed diagnosis that leads to incorrect treatment or no treatment, causing a patient’s condition to worsen.
- Surgical errors: Mistakes made during surgery, such as operating on the wrong site or leaving surgical instruments inside the patient.
- Treatment mistakes: Inappropriate or incorrect treatment that can lead to further injury or illness.
- Medication errors: Prescribing the wrong medication or dosage, potentially causing adverse effects or failing to effectively treat the condition.
- Failure to warn: Not informing a patient of known risks associated with a procedure or treatment, which, if known, may have led the patient to decline it.
Understanding these distinctions and examples helps patients identify when they might have a viable malpractice claim. Consulting a medical malpractice lawyer can provide clarity on whether an incident qualifies as malpractice and what steps to take next.
Other Parties Who May Be Liable in Your Medical Malpractice Case
While doctors, nurses, and other primary healthcare providers are frequently involved in medical malpractice claims, various other parties may also hold liability if their actions contribute to a patient’s harm. These parties play significant roles in the healthcare system, and their mistakes can have serious repercussions.
Consider the following list of potentially liable parties outside of the direct healthcare providers:
- Hospitals and hospital administrators
- Medical equipment manufacturers
- Medical laboratories and technicians
- Anesthesiologists
- Outpatient care facilities
- Consulting specialists
- Nursing homes
- Rehabilitation centers
Each of these parties must adhere to professional medical standards. Failure to do so can justify a malpractice claim. Patients who suspect malpractice should seek legal advice to determine the appropriate party to sue based on the specifics of their case. A medical malpractice lawyer can provide this guidance, evaluating the involvement and liability of all parties in the treatment process.
Proving Medical Malpractice
Proving medical malpractice involves more than just expressing dissatisfaction with a treatment outcome. It requires demonstrating specific legal elements that establish a clear connection between the healthcare provider’s actions and the patient’s injury. Anyone considering a medical malpractice claim should understand and recognize these elements in their case.
The four fundamental elements required to prove a medical malpractice case are:
Duty of Care
The first step is establishing that the healthcare professionals had a duty to provide the standard of care consistent with their profession. This involves proving a professional relationship existed, obligating the provider to treat the patient according to established medical standards.
Breach of Duty
Next, we demonstrate that the healthcare provider failed to adhere to these standards. Evidence must show that the care provided deviated from what a competent professional would have offered under similar circumstances.
Evidence may include any of the following sources:
- Medical records
- Expert testimony
- Witness statements
- Patient testimony
- Medical bills
- Employment records
- Physical evidence
ausation
From the breach, we make the connection to the harm the patient suffered. It must be clear that the provider’s specific action or lack thereof was a direct cause of the injury, not just a correlating factor. It’s not enough to show that a healthcare provider made a mistake; you must demonstrate that this specific mistake directly led to an injury or worsened condition. This is to distinguish between an injury that just happened to occur after a healthcare provider’s action (a correlating factor) and one that was actually caused by the action (a direct cause).
This is where a medical expert’s testimony is not only helpful but necessary, per Ohio Rules of Civil Procedure Rule 10. Medical expert testimony provides the technical and professional context necessary to understand complex medical issues and establish standards of care. These experts explain to the court whether the care provided deviated from accepted medical practices. Their testimony helps to clarify intricate medical procedures and outcomes, making it understandable for judges and jurors who may not have medical training.
Importantly, these experts also help establish causation by linking the healthcare provider’s actions directly to the patient’s injury, distinguishing between mere coincidence and actual malpractice.
Damages
Finally, we provide evidence of actual harm or injury resulting from the breach. This can include physical pain, mental anguish, additional medical bills, lost earning capacity, and other quantifiable losses.
Learn Who You Could Sue in Your Medical Malpractice Case
If you suspect you have been the victim of medical malpractice, our medical malpractice lawyer may be able to help. Time is limited, though, so contact us as soon as you can. We can evaluate the details of the case and assist in gathering the necessary documentation and expert testimonies to meet the legal requirements.
Call The Fitch Law Firm LLC today for a free case consultation.