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When Injuries Result From A Doctor's Negligence

Patients seeking medical treatment from a general doctor or a specialist oftentimes place a lot of trust in their doctors, sometimes to their detriment. No matter how specialized a doctor or medical practitioner, mistakes happen. If the patient is afraid to ask questions, he or she may lose the right to seek compensation for injuries caused as a result of medical malpractice.

Medical malpractice happens when a doctor harms a patient in the course of providing treatment or a consultation. Medical malpractice or medical negligence claims occur when the doctor misdiagnoses a patient, negligently performs a procedure, or negligently provides another form of treatment to the patient. A doctor who prescribes a drug without informing the patient of all relevant risks, and this causes the patient to suffer injuries, can also be found liable for medical malpractice.

In order for the patient to recover for medical malpractice against a doctor, he or she has to prove that:

  • There existed a relationship between the doctor and the patient so as to create a duty running from the doctor to the patient;
  • The doctor in the course of providing treatment or diagnosing the patient breached this duty;
  • The breach of the duty was the cause of the plaintiff’s injuries; and,
  • The plaintiff suffered damages as a result of the breach.

Doctors who take on the care of a patient have a duty to act reasonably in providing care or diagnosis. The doctor is not required to provide the correct diagnosis or treatment each time. Courts look to see if the correct treatment or diagnosis would have been achieved if the doctor had been reasonably diligent. This kind of determination usually requires expert testimony from other doctors in a similar field.

As with other personal injury claims, medical malpractice claims have a statute of limitations within which they must be filed. In Ohio, a medical malpractice claim must be pursued within one year of the claim’s accrual, but there are exceptions.

A family member, such as a spouse or child, can also bring a claim under Ohio’s wrongful death statute to recover for the death of a loved one which results from medical malpractice.

Let Us Help You

If you believe you have suffered an injury based on the treatment or diagnosis provided by your doctor, you may have a claim for medical malpractice. Contact Award-Winning Columbus, Ohio personal injury attorney Ed Schottenstein of Schottenstein Law Offices to schedule a complimentary consultation. Call us TODAY at (614) 467-8474. Free valet parking is available, too!