Every time you visit a healthcare provider, it’s reasonable to assume you will receive quality care. At the very least, you should not leave the appointment in worse condition than you were in upon arrival. Medical malpractice is a serious problem around the country, though, and physicians in all specialties make mistakes when diagnosing and treating patients. If you were the victim of a medical error or received substandard care in a healthcare setting, you probably have a lot of questions about the subsequent claims process. Here are the answers to a few of the most frequently asked ones. 

Medical Malpractice FAQ

Does a Misdiagnosis Constitute Malpractice?

Medicine is far from an exact science, and some diseases and disorders can stump even the most experienced and knowledgeable physicians. If you have a relatively rare condition and your doctor diagnoses it as something more common, it does not necessarily mean you have grounds for a claim. However, if your provider fails to monitor the condition’s progress or does not perform additional tests when it becomes apparent the original diagnosis was incorrect, you may be able to sue for any damages that result. 

What Kinds of Damages Can I Recover?

Like other kinds of personal injury cases, medical malpractice victims can recover compensation for both economic and non-economic damages. Such losses might include hospital bills, lost income, pain and suffering, scarring and disfigurement, and loss of enjoyment of life. Punitive damages, on the other hand, are rare in malpractice cases. One of the few scenarios in which they might apply is if the provider attempts to alter or destroy the patient’s medical records. In Ohio, punitive awards are capped at twice the total compensatory damages. 

Who Can I Sue for Medical Malpractice?

Since most doctors are independent contractors who carry their own liability insurance, victims of malpractice typically sue them directly. Depending on the circumstances, though, claimants may be able to sue the facility where the incident occurred. For example, a hospital might be responsible for malpractice if an actual employee, like a nurse or pharmacist, committed the error. Injured parties may also be able to sue a hospital over a provider’s mistake regardless of employment status if the facility failed to evaluate him or her adequately before granting staff privileges. 

How Soon Should I Call a Malpractice Attorney?

If you think you were the victim of medical malpractice, it is wise to call a lawyer as soon as possible. Malpractice cases tend to be complicated, and the injured parties must go up against massive insurance providers, who have the resources to challenge every claim that comes their way. Additionally, there are strict deadlines claimants must follow. In Ohio, the statute of limitations for filing a formal malpractice lawsuit is typically one year. 

If you were the victim of medical malpractice, turn to Ibold & O’Brien. Based in Chardon and Orwell, OH, this general practice firm is proud to represent clients through Ashtabula and Geauga counties. Since 1980, they have been resolving complicated legal disputes in various practice areas, including personal injury law, criminal defense, estate planning, and family law. Visit their website to learn more about the comprehensive counsel they provide, and call (440) 285-3511 to schedule an initial consultation today.