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According to data established by Johns Hopkins Hospital, medical errors result in an estimated 250,000 deaths each year, ranking third as a leading cause of death in the US. Additional studies have found that 41% of US patients believe they experienced a medical error during their care. The three most common reported medical malpractice issues in these studies were failure to diagnose properly, surgical error, and failure to administer appropriate medications or dosages.
While 73% of malpractice claims in this study were able to indicate actual injury by medical error, only a fraction of these claims actually resulted in medical malpractice and wrongful death lawsuits. Additional studies show this may occur in part because the excessive costs and complexities of pursuing medical malpractice suits lead to under litigation.
Malpractice in nursing, therapy, rehabilitation, and doctor malpractice can cost you or your loved ones your life, quality of life, and other long-lasting damages and loss; however, the cases can be complicated to pursue. If you have questions about your medical negligence claims, call our medical malpractice attorneys in Canton at (330) 488-1234 or contact us via our online contact form to schedule a free initial consultation.
What Constitutes Medical Malpractice
Medical malpractice is when a health care professional, including a hospital, nurse, doctor, therapist, or other personnel, causes or increases injury to a patient through negligence or ignorance. Errors in diagnosis, failure to perform appropriate procedures or surgeries, and failure to diagnose proper health management and rehabilitation can all contribute to a medical malpractice case.
Legally, a medical malpractice claim must fall into one of the following categories:
- Standard of Care Violation: Patients have the right to expect health care aligned with medical standards vetted and recognized by the healthcare industry. Acceptable medical treatment and care from medical professionals need to be compliant with standards of care. If those standards are not met or appropriately handled in a patient’s case, it could increase a patient’s risk or worsen their injury, with medical negligence potentially at fault.
- Injury Caused by Negligence: Violating the medical standard of care in and of itself is not typically sufficient to pursuing a medical malpractice case. A patient must also prove an injury occurred that was specifically and directly caused by negligence. Simply put, an unfavorable outcome in and of itself does not necessarily constitute negligence, but if negligence led to further injury, a medical malpractice lawsuit may be established.
- Significant Damages Incurred as a Result of Negligence: Since medical malpractice lawsuits are expensive and lengthy, a patient must prove that excessive damages were the result of poor medical care and oversight. Healthcare induced injuries, disability, unusual pain, loss of income, excessive suffering or hardship, and severe financial cost can be reasons to pursue a medical malpractice claim, but this will require witness testimony, proof, and extensive research and litigation. The cost of eventual recovery must exceed the cost of pursuing a medical malpractice case.
Causes of Medical Malpractice
Medical malpractice can manifest in many ways but is often attributed to negligence on the part of a medical practitioner. Examples of medical negligence that might lead to a lawsuit include:
- Failure to diagnose or misdiagnosis an injury or medical issue
- Ignoring or misreading bloodwork, X-rays, or lab results
- Failure to recognize symptoms
- Gratuitous surgery
- Surgical errors
- Surgery in the wrong area
- Improper medication or dosage
- Poor aftercare
- Premature discharge
- Not taking appropriate patient history
- Failure to pursue testing
- Birth injury due to improper use and excessive force using medical tools
- Nursing home abuse
Consequences of Medical Malpractice
While the effects of medical malpractice vary according to the initial medical issue and healthcare failures or negligence, there’s a roster of common doctor malpractice consequences. Typical consequences of doctor negligence may include:
- Birth defects
- Chronic pain
- Lost wages/lost employment
- High medical expenses
Our Canton Medical Malpractice Attorneys Can Help You
With decades of experience, our skilled legal team at Kisling, Nestico & Redick can guide you through every step of understanding the medical malpractice legal process and help you seek compensation for your injuries. With 11 office locations throughout Ohio, covering many regions and cities in the state, our team is available to help guide you through medical malpractice issues. In addition, our diverse team of lawyers has skills in numerous other legal areas including wrongful death, truck accidents, work injuries, and motorcycle accidents.
If you have any questions regarding your medical malpractice case, call our medical malpractice attorneys at (330) 488-1234. Or contact us via our online contact form to schedule a free initial consultation.