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What are the Basic Requirements to File a Medical Malpractice Claim?

The consequences of being hurt by your doctor, physician, pharmacist, or another medical professional is not something you are going to have to prove to yourself, but you will need to prove it to the court. Every medical malpractice claim that stands up to the pressures of litigation in Ohio has undoubtedly met a set of certain basic requirements. If you think you have a case but are not entirely positive, review the four requirements for a claim below, or contact Rourke and Blumenthal today. Our Columbus medical malpractice attorneys have 75+ years of collective legal and trial experience, allowing us to recover more than $300 million for past clients. Request your free case evaluation to begin.

Four Basic Requirements Your Case Should Fulfill

  1. Doctor-patient relationship: There must be evidence of an official doctor-patient relationship existed between you and the person you said has done you harm. Did you agree to their medical services? Did they agree to provide them in accordance to their occupation? Usually any sort of direct treatment will automatically constitute this relationship.
  2. Doctor negligence: This is the key factor to your case. Medical professional negligence can occur in so many ways, but it can also be difficult to prove definitively. You will need to show that the harm you suffered could have been avoided if another doctor treated you. If there is evidence that reasonable care was not used during your treatment, such as a surgeon performing while exhausted, negligence is likely at play.
  3. Injury cause: The negligence you believe with which your doctor acted must be tied somehow to your injury. For example, if you were being treated for cancer and fell sick shortly after chemotherapy, it could be an unavoidable consequence of the treatment, not a side effect of some sort of negligence or misdiagnoses. If chemotherapy would have been deemed unnecessary by a more competent doctor, however, the same illness could be negligence-related.
  4. Actual or specific damages: Negligence and illness do not mean much to a court if no actual damage is caused to you. If you want to pursue some sort of compensation for the medical malpractice, you need to show that you were harmed physically or mentally, had to pay for treatments yourself, or are now facing reduced wages or income at work.

Remember: if you need professional legal counsel for your injury case, our Columbus medical malpractice lawyers may be able to help you secure maximum allowable compensation. Just dial 614.321.3212 today for more information.