At some point we have all been patients in a medical setting. Whenever we are in a doctor’s office or admitted in a hospital, we place our trust in the medical professionals who care for us and we assume that the care we receive is appropriate and ethical. However, sometimes mistakes happen and the care we receive causes injury, pain and suffering. If you or a family member has suffered injury through what you believe to be a medical mistake or medical incompetence, than you may have a legal case for malpractice.
Medical malpractice cases can be complex and sometimes difficult to prove. To be considered medical malpractice, a case must show that:
•There was a doctor-patient relationship.
•There was negligence performed by the doctor.
•The patient was injured as a result of the doctor’s negligence.
Given the complexity involved in medical malpractice cases and the burden of proof placed on the patient, it is especially important to avoid common mistakes that many people make early in the process. By consulting a qualified attorney experienced in medical malpractice and considering these four key steps, you will have the best chance for a favorable resolution.
1. Contact an attorney experienced in medical. An attorney will use their expertise to provide you with the best guidance in documenting and proceeding with your case.
2. Act quickly to gather documentation. Obtain certified copies of all your medical records and any other documents related to your treatment and care. Prepare a written chronological log of your treatment and injuries or suffering; be sure to include dates and times and document the names and contact information of any doctors, specialists and other care workers involved in your care. Document your recollection of specific conversations you had with care providers and the names of witnesses that may have been party to these discussions. Be sure to keep records of any expenses incurred as a result of your injuries or suffering.
3. Photographs speak volumes! Obtain photographic evidence of your condition; be sure to document any progression of your condition if it worsens. Often by the time malpractice cases reach trial, the visible effects of your injury have improved. Failing to obtain such powerful evidence will diminish your case and chances of a favorable resolution.
4. Do not delay! The statue of limitations, which establishes the time limits you have to file a legal case, are very short in medical negligence actions and if these deadlines are missed, you may lose your right to bring a claim.
The laws governing medical malpractice are complex. While every case potentially involving medical is different, attorney’s will generally agree that most medical malpractice cases are challenging, very expensive for attorneys to fund and are often an uphill battle. If you or a family member has suffered injury through what you believe to be a medical mistake or medical incompetence, contacting an attorney with specific expertise in medical malpractice is essential. Victims of medical malpractice and their families are entitled to answers and physicians and hospitals should be held accountable for their mistakes.
The legal team at Landskroner Grieco Merriman LLC has vast experience advocating for victims of medical malpractice in the Cleveland and Columbus Ohio areas. Their expertise, experience and passion for justice serves to level the playing field and helps you get the answers and accountability you deserve following an act of medical malpractice. Call Team LGM for a consultation today at 216-522-9000 or toll free at 1-866-522-9500.