Lawyer in Cleveland Ohio for Medical Malpractice cases against Doctors, Hospitals, Nurses, and Medical Staff.

Lawyer in Cleveland Ohio for Medical Malpractice cases for injured patients when the hospital or doctor  doesn't want to pay. Call 800.309.7404 | 216.223.8004 | 614.398.3828 | 440.328.8883 | 330.974.0012

Areas of practice: Workers' compensation, (SSD) Social Security disability, (SSI) Supplemental Security Income, Personal injury, Medical Practice, Birth Injuries and Delivery Room Mistakes and more.

Ohio Legal Elements for Medical Malpractice Claims against hospitals, doctors, nurses, ambulance staff. 

A patient who has been injured from the negligence of a hospital, nurse, doctor, ambulance worker, or other medical worker, may file a lawsuit if the patient can prove the necessary legal elements.  A patient must prove the hospital, nurse, doctor, ambulance worker, or other medical worker was liable for the injury.

The Duty of Care in Ohio

A plaintiff can prove that a hospital, nurse, doctor, ambulance worker, or other medical worker had a duty to provide him with medical care if there is some relationship between the hospital, nurse, doctor, ambulance worker, or other medical worker and the patient. Examples:

  • In Ohio, Hospitals have a duty to their patients. Regardless of that patient's ability to pay, the law also requires that a hospital admit a patient who comes to that hospital in need of emergency care.

  • Doctors have a duty to patients under their care.


Violation of the Duty of Care

The next thing in a medical malpractice lawsuit in Ohio , you must show that the hospital, nurse, doctor, ambulance worker, or other medical worker breached that duty. Examples:

  • Misdiagnosis or Failure to Diagnose an injury or condition - If a hospital, nurse, doctor, ambulance worker, or other medical worker fails to diagnose a condition that he should have diagnosed given the symptoms reported or the results of the tests (XRAY, MRI, CT SCAN, ULTRASOUND), then the hospital, nurse, doctor, ambulance worker, or other medical worker can be held liable for any problems arising from the misdiagnosis

  • Improper Care - If a hospital, nurse, doctor, ambulance worker, or other medical worker provides you with care but performs is negligently, then he can be held liable.  Examples:

  • leaving an instrument (sponge, rag) inside you during surgery

  • not reading an XRAY, MRI, CT SCAN properly

  • not performing a c-section during birth

  • amputating the wrong bodypart​

  • Mistakes Prescribing Medication – Can include the wrong dosage of medication or not paying attention to drug reactions.


Causation


 It must be shown that the hospital, nurse, doctor, ambulance worker, or other medical worker  negligence was the proximate and direct cause of the injury. However - If the hospital, nurse, doctor, ambulance worker, or other medical worker can show that the result would have been the same as it would have been even if more care had been taken, then the hospital, nurse, doctor, ambulance worker, or other medical worker will win.

Damages 


Need to show that the Harm caused by the hospital, nurse, doctor, ambulance worker, or other medical worker negligence caused some kind of damages. Examples:

Medical bills (past and future)
Lost wages. (past present and future)
Pain and suffering
Wrongful death 

Attorney at Law LLC


800.309.7404 | 216.223.8004 | 614.398.3828 | 440.328.8883 | 330.974.0012