How to Protect a Medical Malpractice Claim in Ohio September 3, 2014.

Medical negligence is the third leading cause of death in the United States, according to the Journal of the American Medical Association (JAMA). Still, a medical malpractice claim can to meet the necessary burden of proof over supplemental details, such as gaps in paperwork or inadequate expert testimony.

There are, however, several ways that you can protect your claim from being dismissed over frivolous details. The first four address those factors that you and your medical malpractice lawyers need to prove:

  • First, that a doctor-patient relationship existed. As basic as it sounds, you must demonstrate that the physician against whom you’re filing a claim was, in fact, your doctor and that he or she was treating you.
  • Second, that the doctor was negligent in some way. Doctors are not expected to be perfect, but they are required to meet a standard of being "reasonably skillful and careful."
  • Third, that the negligence caused the injury. It must be clear that the specific injury in question was caused by the doctor, and not some other part of the illness or condition for which you were being treated.
  • Fourth, that the injury caused certain damages, be it pain, mental anguish, medical bills, or decreased earning capacity.

Medical malpractice attorneys in our Cleveland office can help you with the other factors and build a strong case on your behalf. Chris Mellino specialized medical knowledge, exceptional trial skills, and superior negotiating talent to obtain full and fair compensation for clients. Contact us for a free consultation.