Medical malpractice claims have a reputation for being notoriously difficult to prove. Hospitals often require physicians to spend tens of thousands of dollars a year on premiums for medical malpractice insurance, and those insurance companies will use every tool in their toolkit to avoid paying out claims.
In addition, an alleged malpractice must meet certain parameters to establish liability in Toledo medical malpractice claims. Simply suffering an injury while under a medical provider’s care is not enough to warrant a malpractice claim. If you are a victim of suspected medical malpractice, you should schedule a consultation with a seasoned medical malpractice attorney at Zoll & Kranz, LLC, for a free case review.
Factors that Determine Liability in Toledo Medical Malpractice Claims
Any viable claim for compensation must meet a multi-pronged test when proving liability for Toledo medical malpractice injuries. This test arises from the legal theory of negligence, the four prongs of which are (1) duty of care, (2) breach of duty, (3) causation, and (4) damages.
A duty of care is established through the initiation of a doctor-patient relationship. Physicians owe their patients a legal obligation to apply the accepted standard of care when it comes to decisions about their treatment. Therefore, if a physician violates that duty of care—whether by their action or inaction—and that violation causes a patient to suffer injuries, they could be held legally liable for the resulting damages.
An acceptable standard of care is that which a physician with the same general level of experience, education, and knowledge would adhere to if presented with a patient in a similar set of circumstances. So, if a physician’s action or failure to act did not comport with what the average physician in a similar situation would have done, this could lead to a malpractice case, as long as the patient suffered harm and, subsequently, damages.
Potentially Liable Parties in Toledo Medical Malpractice Cases
Multiple parties could be liable in Toledo medical malpractice cases. Beyond physicians, other medical team members—such as surgeons, nurses, pharmacists, and other healthcare staff—could bear liability in a medical malpractice claim.
Sometimes, the hospital, healthcare providers, or any other medical entity involved—such as a clinic, testing center, or laboratory—could be liable for a victim’s damages in a medical malpractice case, depending on the underlying chain of events. An experienced attorney could provide tireless advocacy to determine the full scope of the sources of liability for a medical malpractice injury and seek all available damages for the victim’s injuries.
Contact a Toledo Medical Malpractice Attorney to Discuss Liability for Your Injuries
While liability in Toledo medical malpractice claims is rarely straightforward, the legal system is designed to help protect individuals harmed by medical negligence. Therefore, if you suffer severe injuries from potential medical malpractice, you should not delay in seeking the legal assistance you need and deserve.
A proactive lawyer from our firm could launch a deeper investigation into the scenario that led up to your injury and identify any parties who may bear fault. To find out more about bringing a medical malpractice claim, call Zoll & Kranz, LLC today to arrange a free consultation with a knowledgeable legal professional.
