doctors in an operating room

Understanding Elements of Medical Malpractice Claims

At Spangenberg Shibley & Liber LLP, we work to help clients through a wide variety of legal matters. One specific practice area where we bring our experience is medical malpractice law. It’s a complex area of the civil justice system that often requires care, compassion, and strategy. As such, we approach these cases carefully, helping our clients understand the elements of their situation.

There are a few different elements of medical malpractice claims that you should understand. Below, we will explain some of the most important things to know moving forward to help you have peace of mind.

Some of the things we’ll explain below include:

  • Four factors of proving medical malpractice liability
  • Common types of medical negligence
  • Your rights following medical malpractice

Call our firm today at (216) 600-0114 if you have a medical malpractice case.

Four Factors of Proving Medical Malpractice Liability

When proving a medical malpractice claim, you need to understand how liability works. The goal is to hold a negligent medical professional accountable, but it requires specific factors to do so. The four factors of proving medical malpractice liability include the following:

  • Establishing a doctor-patient relationship: You must prove that the doctor was providing care and had a responsibility to you as a patient.
  • Show that the doctor did not meet the applicable standard of care: You can show that the doctor made a mistake that another doctor would not have made under the same circumstances.
  • The mistake led to a significant problem: It’s vital to show that the doctor’s actions led to a mistake that would have caused an injury.
  • The negligence resulted in injury: To pursue compensation, you must show that you suffered injuries and had expenses associated with those damages.

In any case, it helps to hire a lawyer who can utilize evidence and pursue the maximum compensation available in your situation. Holding negligent medical professionals accountable provides you with peace of mind and the compensation you need to cover many of the costs associated with your injuries. It also helps discourage further acts of negligence and sets a standard for doctors moving forward.

Common Types of Medical Negligence

Medical negligence comes in many forms, each with a different impact on the patient who suffers harm. It’s vital to understand how these errors occur and what it means for you moving forward. Below, we will discuss some of the most common types of medical negligence and explain the damages they can cause to you or someone you love.

Surgical Errors

It’s already scary to go through a surgical procedure. However, you never expect a problem to arise during the procedure that can cause you further harm. Or there might be communication issues that lead to you having surgery when you don’t need it. Unfortunately, these errors can and do happen. Surgical errors can include:

  • Surgery on the wrong person
  • Surgery on the wrong body part
  • Leaving objects inside a patient

Missed and Misdiagnosis

Doctors who treat patients should ensure they diagnose them correctly. Unfortunately, doctors can make the wrong diagnosis or miss something completely. As a result, patients might not get the care they need to recover from their ailment.

Pharmaceutical Errors

One of the biggest problems that can arise is a pharmaceutical error. Several factors must be considered when doctors prescribe medication, including dosage, allergic reactions, adverse reactions to other medications, and more. If the doctor gets it wrong, it could lead to the patient experiencing significant problems, including internal organ damage.

Birth Injuries

Far too often, errors occur when doctors either fail to properly monitor pregnant women or make a mistake during labor. Unfortunately, these errors can lead to severe problems for the baby or mother in the process. Birth injuries are often extensive and leave the affected baby or mother dealing with long-term issues and creating severe health issues.

Your Rights Following Medical Malpractice

When medical negligence occurs, the patient deserves to protect their rights. Holding a medical professional accountable can be difficult without the right help on your side. Taking the steps to pursue compensation is vital moving forward. Here are some of the things you should know about protecting your rights and pursuing compensation:

  • Documentation is important: You should keep as many documents as possible regarding your relationship with the doctor. Any paperwork showing a diagnosis or other problems can help you as you navigate your claim.
  • Hire a lawyer quickly: You should work to protect your rights quickly. This means hiring a lawyer who can help you every step of the way, including building evidence on your behalf and helping you stand up to medical professionals.
  • Seek the compensation you deserve: Compensation in your medical malpractice claim is important. You can recover the compensation necessary for ongoing medical care, lost wages, specialized medical equipment, and pain and suffering.

Our team at Spangenberg Shibley & Liber LLP is ready to stand in your corner and help you every step of the way. We care about protecting your rights during a challenging situation and holding negligence accountable when necessary. We have the experience, knowledge, and tenacity to help you move forward with confidence.

Our Cleveland medical malpractice attorneys go above and beyond, prioritizing you and your best interests. We will listen to your case, determine what can be done to help you, and take the steps necessary to move forward with your case quickly and effectively. Put our team on your side. You’ll be happy you did.

Call us at (216) 600-0114 for a free consultation, and discover how we might help you after medical negligence.


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