Medical Malpractice

Medical malpractice happens when a doctor or other healthcare professional causes a serious injury or otherwise causes harm to a patient through negligence. This negligence may happen at any point during the course of treatment. In order for a claim to be considered as medical malpractice, the following characteristics should be met:

The standard of care must be violated.

The law generally recognizes that certain medical standards exist and that these standards will be met by reasonably competent healthcare professionals. A patient has the right to expect that these standards will be met and that care delivered will be consistent with them. If the standard of care has not been met, it may be possible to establish negligence.

The negligence must cause an injury.

A simple violation of the standard of care isn't enough to consider a claim as medical malpractice. The patient must also prove an injury has occurred, and that this injury would not have occurred in the absence of said negligence. Unfavorable outcomes alone do not count. If the negligence did not cause the injury, no case may be established.

Significant damages must result from the injury.

Medical malpractice is extremely expensive because claims often involve the presence of expert medical testimony and several hours of depositions. To prove a case is viable, the patient needs to show that significant damages have resulted from the injury; if the damages are small, it may be too expensive to pursue a case. The injury should be shown to have resulted in disability, loss of income, unusual pain or suffering, and/or significant past or future medical bills.

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Examples of Medical Malpractice

What does medical malpractice look like? How do you know if you have a case? Medical malpractice can take many forms, including the following:

  • A doctor fails to diagnose a condition or diagnoses a patient with the wrong condition.
  • A doctor or lab technician misreads or ignores laboratory results or tests.
  • A hospital or doctor performs an unnecessary surgical procedure.
  • A doctor makes an error during the surgery or performs a surgery on the wrong site.
  • The hospital or doctor prescribes improper medication or the wrong dosage of medication.
  • The hospital or facility fails to provide proper follow-up or aftercare.
  • You are discharged from the hospital or facility prematurely.
  • The healthcare professional or facility disregards or fails to take an appropriate patient history.
  • Proper testing is not ordered.
  • There is a failure to recognize symptoms or issues.

What to do if You Suspect Medical Malpractice

If you've been injured due to medical negligence, you may feel powerless or hopeless. At Cubbon & Associates, we're legal champions with decades of experience helping people just like you recover damages. You shouldn't have to deal with financial hardship or pain due to the mistakes of a healthcare professional. Call us today for a consultation and learn how we can help you with your medical malpractice claim.

Toledo, Ohio Medical Malpractice Attorneys

For over 50 years, the legal professionals of Cubbon & Associates have helped people just like you with their medical malpractice lawsuits. When you’ve been injured due to a doctor’s mistake or due to the negligence of another health care professional, it could lead to medical bills and impact your quality of life. Call us today and learn how we can help you get your life back.