Along with workers comp cases, product liability, wrongful death etc; medical malpractice all falls within the gamut of personal injury law. Medical malpractice refers to an unreasonable lack of medical skill or professional negligence and misconduct. An attorney in Wilmington, OH that focus on this area of the law will litigate lawsuits which are based on the negligence of any members of the medical fraternity including doctors, nurses, dentists as well as health care facilities such as hospitals and clinics.
There are a number of issues that can easily result in a medical malpractice suit; surgical errors, birth traumas, errors in the use of anesthesia and medical misdiagnosis. In these and other cases a medical malpractice attorney in Wilmington, OH can bring suit on behalf of his client against the negligent party or parties.
As with many personal injury issues, negligence is the predominate theory of liability. The plaintiff’s lawyer must establish the following elements to have a successful outcome for his client:
* The plaintiff must show that the doctor had a duty to the patient; this is based on a doctor/patient relationship being in force.
* The plaintiff must show that the medical personnel or establishment violated the established standard of care.
* The plaintiff must show a connection between the breach in the standard of care and the injury or trauma.
* There must be actual damages as a result of the breach in standards.
A lawyer that practices medical malpractice law is a personal injury lawyer. On a day to day basis the lawyer performs the expected tasks of any civil litigator; the specific functions that apply to medical malpractice include the following tasks:
* Establishing a working relationship with expert witnesses to develop theories, reports and testimony which can be used to support the plaintiffs cause.
* Take depositions from the plaintiff, the defendant, medical personnel and other third parties to the case.
* Gather evidence including the medical records that apply to the case.
* Undertake and perform medical research which relates to the plaintiffs condition.
* Arrange for independent medical examinations of the plaintiff to allow for an object evaluation of the injuries.
Once all these data have been accumulated, the attorney in Wilmington, OH can pursue the claim on behalf of the client with vigor.
