Most Common Types of Medical Malpractice Claims in OhioJul 05, 2022 Medical Malpractice
Posted by: Kisling, Nestico & Redick, LLC
Going to the hospital can be stressful enough, but the thought of something going wrong due to someone else’s negligence is even worse. Recent research suggests that over 400,000 hospitalized patients in the United States experience preventable harm every year, resulting in over 100,000 deaths.
In Ohio, the most recent data from the state’s Department of Insurance reports that around 3,000 medical professional liability claims are filed each year. Here’s what you need to know about common types of medical malpractice in Ohio.
What Is Medical Malpractice in Ohio?
Medical malpractice occurs when a doctor or other medical caregiver fails to competently perform their duties and meet the applicable standard of care. A successful medical malpractice claim hinges on your ability to prove negligence.
Proving Medical Malpractice in Ohio
Holding negligent healthcare providers accountable can be challenging. If you are hurt by medical malpractice in Ohio, you have one year from when you discover the injury to file a lawsuit.
To prove medical malpractice, you must show:
- A caregiver-patient relationship existed (you agreed to be treated by the doctor, and they provided care)
- The caregiver was negligent in some way
- The caregiver’s negligence caused your injury
- The injury led to your damages
You’ll also have to show how the negligent party failed to meet the standard of care. Doing so is often accomplished by recruiting an expert medical witness to testify in your case who can help answer the core question of a malpractice case — would a similarly qualified healthcare provider have given the same treatment under identical circumstances?
If the answer is no and a provider’s negligent actions hurt you, you may have a successful claim.
Four Common Ohio Medical Malpractice Claims
Medical malpractice can happen in several ways. Here are the most common, as noted in the Ohio Department of Insurance annual report.
Misdiagnosis or delayed diagnosis make up a sizeable quantity of medical malpractice claims. When patients receive a wrong diagnosis or their issues aren’t identified soon enough, they may not get the treatment they need. Misdiagnosis or late diagnosis can also happen if test results are misinterpreted, mislabeled, or lost.
In some cases, an accurate and prompt diagnosis can mean the difference between life and death.
2. Drug Errors
When patients are prescribed the incorrect dosage of a drug or the wrong type of medication altogether, the results can be devastating. Drug errors can also occur when pharmacists or doctors fail to identify potentially dangerous allergies or interactions with other prescriptions.
The harm caused by a drug error can range from a mild reaction to severe illness or even death.
3. Surgical Errors
It might seem unthinkable, but mistakes in surgery happen, especially in complicated procedures. Surgical errors can be caused by doctors performing the wrong procedure, leaving surgical instruments inside the body, or accidentally harming organs or arteries.
Surgical mistakes can lead to additional surgeries, infections, and other preventable complications.
4. Birth Injuries
Mothers and children can be hurt by negligence before or after birth. Childbirth injuries can involve trauma at the time of delivery or substandard prenatal care, such as doctors failing to recognize congenital disabilities or prescribing a mother unsafe medication during pregnancy.
Birth injuries can have devastating consequences for a mother or child.
Are You a Medical Malpractice Victim? Call KNR Today
If you or a loved one were hurt due to what you believe may be negligent conduct by a healthcare professional, contact Kisling, Nestico & Redick today. With offices all around Ohio, including Akron, Canton, Cincinnati Columbus, and Cleveland, we are more than prepared to handle your medical malpractice case. Our Ohio medical malpractice lawyers will hear your story, assess the viability of your claim, and pursue compensation on your behalf to help you recover from your injuries.