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The Difference Between Medical Malpractice and Hospital Error

March 8, 2023

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Being injured by a doctor, nurse, or other healthcare provider can be devasting physically and emotionally as healthcare providers are people we trust with our well-being. However, not every instance of being injured by a medical provider will give rise to a medical malpractice claim. In Ohio, medical malpractice has a specific meaning, and to pursue compensation for medical malpractice, plaintiffs must ensure that they have a valid case.

What is Medical Malpractice?

Medical malpractice occurs when a healthcare provider deviates from an accepted standard of care and causes injury to a patient. In Ohio, proving a medical malpractice claim requires a plaintiff-victim to show:

  1. That a standard of care exists
  2. The medical provider in question did not follow that standard of care
  3. The plaintiff was injured
  4. The injuries were caused by the provider’s conduct or omissions

Medical malpractice cases can be difficult to prove, especially considering that doctors and hospitals employ attorneys and insurance companies for the sole purpose of defending malpractice claims. However, with the right personal injury law firm, expert testimony, and documentation, medical malpractice cases can have successful outcomes.

Common Examples of Medical Malpractice

Malpractice can occur in any type of medical setting, and at the hands of any type of healthcare provider – doctors, nurses, dentists, pharmacists, surgeons, and medical assistants can all commit malpractice. In some cases, entire medical offices have been named as defendants in malpractice cases. The most common examples of medical malpractice include the following:

  • Failure to diagnose or incorrect diagnosis
  • Incorrect interpretation of scans or labs
  • Surgical errors, including unnecessary surgery
  • Improper prescription or dosage
  • Failure to provide adequate aftercare
  • Inpatient neglect or abuse

The common denominator across all medical malpractice claims, though, is that a clearly established standard of care was violated by a provider’s actions or failures to act. In Ohio, the Rules of Civil Procedure require that a plaintiff produce expert testimony from another healthcare professional that can testify as to the standard of care. A medical malpractice lawyer in Ohio at Nurenberg Paris can assist you by locating an expert witness to prove the relevant standard of care in your case.

What is Hospital Error?

The human nature aspect of healthcare means that sometimes, mistakes and errors do occur. Not all mistakes necessarily amount to medical malpractice, as even the usual standards of care account for some amount of human error. Usually, hospital errors occur when a doctor must make a judgment call, and when the call turns out to be the wrong one.

In the cases involving close calls, it can be difficult to prove that the doctor violated a standard of care because while some doctors may have decided to proceed differently, other doctors may have decided in the same manner. That’s the critical difference between medical malpractice and hospital error – medical malpractice occurs when most or all reasonable doctors would say that the doctor in question made the wrong call.

Contact an Experienced Ohio Medical Malpractice Attorney Today

Medical malpractice cases are among the most complex personal injury law cases because they are difficult to prove. Even though being injured by a doctor is an event that should never occur, the medical field allows doctors to make decisions with some room for human error. Because of that, proving that an incident is malpractice and not hospital error is a critical task to seeking compensation for medical injuries.

Our team of personal injury attorneys at Nurenberg Paris Injury Lawyers has been representing injured Ohioans for almost 100 years. We’re known among insurance companies, hospitals, and other defendants as being fierce advocates for our clients.

If you or a loved one has been injured by a healthcare provider, it’s important that you seek a consultation with an experienced and capable medical malpractice lawyer. Our team at Nurenberg, Paris, Heller & McCarthy can assist you in determining whether you have a viable claim for medical malpractice.

Contact us today to set up a free consultation on your prospective medical malpractice lawsuit.

This content has been reviewed and approved by lawyers in the offices of Nurenberg Paris Injury Lawyers.

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