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Could you have a medical malpractice claim?

People throughout the state of Ohio seek medical attention for a variety of conditions each and every day. While the reason each person consults with a medical provider varies from person to person, all expect that they will receive a certain level of care. When this does not happen, the end result can be catastrophic, resulting in injury or illness and in worst cases even death. In these situations a medical malpractice lawsuit may be filed. 

In the course of a medical malpractice lawsuit an injured person, or in the case of death the patients loved ones, could seek both non-economic and economic damages. Economic damages can be used to cover expenses that accrue as a result of the medical injury. Non-economic damages are more punitive and if recovered, are for things such as loss of consortium and pain and suffering.

To secure either of these types of damages a patient must first prove that he or she was on the receiving end of care that did not meet the medical standard of care. It must also be shown that the patient suffered an injury as a result of a medical provider breaching the duty of care. This may be demonstrated through medical records and both expert and non-expert testimony.

Of course, before you can file a medical malpractice lawsuit you must recognize that you have what could be a viable claim. As is the case in many personal injury type lawsuits, there is a certain time period during which such a claim must be filed. Accordingly, anyone who thinks that they might have been injured due to doctor error or the negligence of a medical provider should contact a lawyer who practices in the area of medical malpractice, as quickly as possible.

Source: Local 10, “What is medical malpractice?” July 8, 2014

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John D. Smith Co., L.P.A.
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