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An error by a health care professional can have lasting and serious implications, affecting a victim's health, livelihood, and ability to lead a comfortable and pain-free life. For these reasons, it might be necessary to pursue a medical malpractice lawsuit against the provider responsible for the injury in question. But how can you know for sure when the time is right to file a malpractice claim? Here are a couple of scenarios that could warrant a lawsuit against a medical provider.

When an Established Standard of Care Has Been Breached

The basic definition of medical malpractice centers on a health care professional breaching an established standard of care. In some cases, this breach might be fairly obvious. In other instances, it can be harder to determine and less clear-cut. If a medical treatment or intervention was merely unsuccessful, then it’s not generally considered malpractice. However, if the provider violated accepted norms of care and did something specific that resulted in damage—or didn't do something as standards dictate—which would be considered negligence, then you might be able to move forward with a legal case.

When You Are Certain Your Case Falls Under Commonly Recognized Definitions of Malpractice

medical malpracticeThere are a number of different situations that can qualify as medical malpractice. If you are certain that what you experienced meets the requirements of one of these violations, then it might be time to file a lawsuit. Common malpractice events include:

  • A misdiagnosis or delayed diagnosis, which caused major or irreparable harm to the patient.
  • A surgical or procedural error, such as leaving a medical tool inside a patient's body.
  • A prescription medication error, such as prescribing a drug that had known interactions with a medication the patient was already taking, or a health care provider administering a drug improperly.
  • A failure to warn, in which a provider did not give a patient adequate warning about serious side effects or complications, which the patient then developed.

 

If one of the above situations applies to you, you might want to start considering a medical malpractice lawsuit. The malpractice and personal injury attorneys at Miraldi & Barrett, Co. in Lorain, OH, have been representing clients throughout the state since 1949. Call (440) 233-1100 to schedule an appointment with a lawyer today, or visit them online to learn more about their practice areas.

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