Frequently Asked Questions About Medical Malpractice Cases
What should I do if I have been injured by the negligence of a doctor or hospital?
If you believe that a medical provider has been negligent in your treatment or the treatment of a loved one, and you have suffered a serious injury, you should contact an experienced medical negligence attorney at once.
Is medical malpractice a common occurrence?
Unfortunately, yes. Experts estimate that as many as 98,000 deaths and thousands of injuries result from medical negligence every year in the United States.
What is malpractice, what is not?
In general terms, the fact that a medical procedure or treatment results in a bad outcome, is not proof of medical negligence. Bad outcomes can result for many reasons without the medical provider being at fault. However, if the medical provider’s treatment fails to meet the standard of care and that failure results in an injury or death, that may be malpractice.
What does “standard of care” mean?
Standard of care means the degree of care that a physician or medical provider in the same speciality and under the same circumstances would provide.
I signed a consent form or release. Can I still file suit?
Yes. Signing a consent form or release does not release the medical provider from meeting the standard of care. You did not consent to substandard treatment.
How long do I have to bring a claim?
In Ohio, the time within which a claim must be filed is called a “statute of limitations.” The statute of limitations in medical negligence claims is one year from the date the action accrues. The one year time period begins to run either (1) when the patient discovers or, in the exercise of reasonable care and diligence should have discovered, the resulting injury, or (2) when the physician-patient relationship for the condition terminates, whichever is later.
In the case of a wrongful death due to medical negligence, the two year wrongful death statute of limitations applies, while the one year statute of limitations controls the survival pain. The two year statute runs from the date of death.
In the case of a minor, the one-year statute of limitations begins to run on the minor’s 18th birthday.
How long does it take to receive compensation?
A medical malpractice lawsuit is a complicated matter and is seldom resolved quickly. There is no standard answer, however, it is not uncommon for medical negligence claims to take 3-5 years.
Why should I choose Clark, Perdue & List to represent me?
It is important that you retain an experienced attorney to handle your medical negligence claim. The medical negligence attorneys at Clark, Perdue & List have successfully represented numerous individuals who have suffered injury or death as a result of medical malpractice,
More About Medical Malpractice
Contact An Attorney
For more information or to schedule an appointment with an experienced attorney, contact us today for a free consultation. We can help with your medical malpractice claim, but only if you call us. Time is of the essence.
RECENT BLOG POSTS FOR MEDICAL MALPRACTICE
Trumbull Memorial Hospital emergency department scores below average in several patient care statistics according to the official United States government site for Medicare, www.medicare.gov. This website is a consumer tool that is useful in comparing medical care...read more
The Northside Medical Center emergency department scores below average in several patient care statistics according to the official United States government site for Medicare, www.medicare.gov. This website is a consumer tool that is useful in comparing medical care...read more
When a child needs medical treatment, his or her parents may be very apprehensive about any invasive procedures. This fear is understandable as there are instances in which surgical mistakes could occur and cause serious damage. Ohio residents may be interested in a...read more
The hope that a particular surgery or other medical procedure will go smoothly is likely on every patient's mind. Unfortunately, surgical mistakes could occur during any type of procedure, and a patient could be left with additional health issues. Ohio residents may...read more
When an Ohio resident must undergo surgery, the idea of an error being made could be one of his or her worst fears. Surgical mistakes can easily lead to additional problems for patients that could severely impact their lives. It was recently reported that a man in...read more
When Ohio residents fear that they have a medical issue, it is not uncommon for them to visit emergency rooms or seek medical attention from other appropriate outlets. Unfortunately, some individuals may continue to suffer even after attempting to seek treatment....read more