What Constitutes a Medical Malpractice Lawsuit?
Mayle, Ray & Mayle provides all the information you need to know about medical malpractice
Before searching for a medical malpractice attorney to hire, individuals who believe they have been victims of malpractice should learn more about what actually constitutes a medical malpractice lawsuit. What types of requirements or guidelines are there, and when should action be taken? Learn more with this introductory guide to malpractice lawsuits from an experienced medical malpractice lawyer.
Medical malpractice occurs when a doctor or other medical professional causes harm or injury to a patient, due to a failure to properly perform his or her job. Of course, it’s not as easy as pointing a finger and saying that a doctor was incompetent.
There’s a three-step process that forms the basis of a medical malpractice lawsuit.
The first step is that the medical professional must have been negligent. That means that a procedure that didn’t turn out exactly as planned, but was performed properly, would not warrant a malpractice lawsuit. Negligence here means that an otherwise competent medical professional in the same circumstances would not have made the same mistake or error that led to injury.
The second step is that the medical professional’s negligence directly caused the injury in question. A patient who was already sick cannot sue a doctor for medical malpractice for being sick after treatment, for instance.
Along the same lines, a medical malpractice attorney will often say that one of the most difficult aspects of this type of case is when a patient dies of a preexisting condition, and there’s a need to prove that the death, perhaps during a surgical procedure, was still directly the fault of the doctor or medical professional involved.
The third core step involved is that the injury caused by the medical professional’s negligence must have led to specific harm and damages. Once again, it’s not merely being unhappy with an outcome due to a negligence, but instead having proven damages in the form of physical pain, mental and emotional pain and suffering, the cost of medical bills for additional procedures, inability to work or earn income, or even death.
A medical malpractice lawyer should also be able to inform a client about the specific state requirements for notification, timelines for filing suit, limits on potential awarded damages, and other specific regulations. Expert testimony will also be crucial to any successful medical malpractice lawsuit.
Mayle, Ray & Mayle is an Ohio malpractice law firm with a wide range of experience. With two convenient locations in Fremont and Bellevue, their Ohio law firm works with clients throughout the region, including Ottawa County, Wood County, Sandusky County and Erie County.
Call the office at 419.334.8377 and schedule a consultation to see why working with a medical malpractice attorney from Mayle, Ray & Mayle is a smart decision for medical malpractice cases of all varieties.