Proving Liability for Medical Malpractice in Cleveland September 13, 2012.

The plaintiff of a medical malpractice case must prove several elements with the help of a Cleveland medical malpractice attorney. It can be difficult because doctors often will assume no liability, arguing that they acted within the standard care and that they did not cause injuries. There are many types of liability issues in medical malpractice claims, making them especially complex.

All of the following elements must be proven in a medical malpractice case:

  • a doctor/patient relationship must be established;
  • the doctor breached the standard of care;
  • the breach led to an injury; and
  • the patient did, in fact, suffer an injury.

Medical experts are needed to determine whether or not the doctor breached the standard of care. There also must be an actual injury. If the doctor did make a medical error but the patient suffered no harm, then a medical malpractice claim cannot be pursued.

Besides surgical errors, there are other incidents that can be considered medical malpractice. For example, a doctor failing to order the correct lab tests or diagnose a common condition – causing the condition to worsen – can be medical malpractice. Delaying treatment or failing to administer appropriate drugs for a condition also can be considered medical malpractice.

If you suffered injuries because of medical malpractice, get legal help right away. Mellino Law Firm has Cleveland medical malpractice attorneys dedicated to helping clients get the compensation they deserve. Contact us today at (440) 333-3800.