If you receive care in an Ohio hospital or other medical facility, you can expect those providing the care to act in accordance with state laws and accepted safety standards. There are stringent regulations that govern the behavior of medical staff and administrators. Sadly, there have been many medical malpractice claims filed throughout the state.
In such claims, a plaintiff must prove that four elements existed when the incident took place. Extenuating circumstances may protect a physician from liability, such as if a medical emergency occurs on an airplane and a doctor on-board provides assistance. Before filing a claim, you’ll want to make sure you have gathered evidence to prove the four necessary elements.
It might constitute medical malpractice if the defendant owed a duty of care
A primary element in an injury claim is known as “owed duty of care.” In the medical industry, this exists when there is an established relationship between a patient and medical worker. In the example mentioned in the previous section about the airplane, a physician does not necessarily owe a duty of care in such circumstances.
If you’re a doctor on a plane or dining out when someone asks for medical support, you’re not obligated to provide it. When examining a patient in your office or treating someone in the emergency room, it establishes a patient/physician relationship. Demonstrating that a duty of care existed is the first step to prove a medical malpractice claim.
Did the defendant fail to fulfill the duty of care owed to the plaintiff?
Proving that the defendant named in your claim had a fiduciary duty to assist you isn’t enough to show that medical malpractice occurred. You must also demonstrate that the defendant acted or failed to act in such a way that he or she did not carry out duty of care. Plaintiffs in such cases should be prepared to show what caused the failure to fulfill the duty, such as negligence or reckless or malicious behavior.
Evidence must prove negligence, malice or recklessness in a med mal claim
Any number of issues may result in patient injuries but not because of medical negligence. For example, a surgeon might inform you ahead of time that the procedure you’re about to have might not resolve your health problem. In a medical malpractice claim, you must prove that negligence occurred.
Was medical behavior a direct cause of the damage?
If the court agrees that evidence in a medical malpractice claim proves that the defendant’s negligence was a direct cause of injury, the judge may rule in favor of the plaintiff. A compensatory award often helps plaintiffs alleviate financial distress associated with their injuries. If you or your loved one have suffered injuries in a medical environment, you may want to learn more about this legal process.