After the Fall: Knowing Your Rights in a Malpractice Case is Important

When you depend on your medical providers for sound health care, you may find yourself the unexpected victim of medical malpractice. In fact, you might find that you’re in a worse situation than you were before you began medical treatment. Sometimes, medical errors can result in harm. If you’re the victim of medical malpractice, knowing your rights can help you get the recovery that you deserve. Here’s what you should know about your rights in a malpractice case:

You deserve compensation if you’re the victim of a preventable error

Your medical team may try to convince you that what happened to you was just a mistake. Legally, you may have the right to recover financially for your losses even if the medical team tries to convince you that what happened to you was just an honest error. Under Ohio law, you have a right to recover for your losses if the medical team made an error that resulted from negligence, recklessness or intentional conduct.

You deserve care that’s competent and reasonable

The standard for recovery in a medical malpractice case is what’s reasonable under the same circumstances. Medical professionals must provide care that’s competent and reasonable. They don’t have to be perfect, but they must provide reasonable care based on their professional training and experience. If a medical care provider acted in an unreasonable way and you’re hurt as a result, you have the right to compensation for added medical costs as well as pain and suffering.

You don’t have to know what happened right away

Medical malpractice isn’t always obvious when it occurs. You may ask questions of your medical professionals only to receive evasive answers. They may not volunteer information, or they might use the word accident to describe what happened to you. If your intuition tells you that something went wrong with your case, you may still pursue your claim even if you don’t know exactly what happened right away.

There are steps that you can take under Ohio law to uncover the truth. When you have a legal consult for your injury, you can learn what steps you can take. You might speak with independent medical experts who can evaluate what happened in your case. You might us a process called discovery in order to require the medical team to answer questions and produce records about your case.

Your medical team might go to great lengths to hide the truth. That doesn’t have to be the end of the story. You can take steps to uncover the evidence that you need to get a fair result for your injuries.

You have rights

Medical malpractice can be a devastating turn of events when you seek medical care. When you’re hurt because of medical malpractice, your time to bring a case is limited. You must file a legal claim within the time limits to receive compensation. Your claim must contain all of the grounds for recovery and a demand for compensation. Filing a claim can help you put your life back on track and receive justice when you’re hurt because of the actions of your medical care team.

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