Hospital ErrorsIt is widely believed that most of the deaths and many injuries could be prevented if health care providers always adhered to basic evidence based practices.
According to a study by the Journal of Patient Safety in 2013 there are as many as 440,000 preventable deaths in hospitals every year. That makes hospital mistakes the third leading cause of death in the U.S. behind heart disease and cancer. Millions of others are needlessly harmed, some irreparably, while in the care of the very institution we depend on to make us better. It is widely believed that most of the deaths and many injuries could be prevented if health care providers always adhered to basic evidence based practices.
Common Types of Hospital Negligence
The business of hospitals is booming. Consolidation in the industry is changing the focus of hospitals from the care of patients to enriching shareholders and enhancing their bottom lines. Some of the more common areas in which mistakes lead to injury or death include:
- Medication/ Prescription Errors
- Misdiagnosis or failure to diagnose a serious medical condition
- Anesthesia Mistakes
- Faulty Equipment
- Objects left in body after surgery
- Surgical errors- including surgery on wrong body site, wrong person etc.
- Misinterpretation of Medical Orders
- Unqualified and or overtaxed staff
Do I have a Medical Malpractice Claim?
Evaluating whether or not you have a legitimate claim against a hospital or doctor is complex and should be done with the consultation of an attorney who specializes in and has a proven track record in handling medical malpractice cases.
The two basic criteria for medical malpractice are:
- Did the doctor or medical staff treating you make a mistake?
- Were you harmed as a result of that mistake?
If those criteria can be established then the following must be determined:
Did the doctor, hospital or any of its staff fail to act reasonably under the circumstances?
Did this failure to act reasonably cause injury or death?
Can an expert validate the claim of malpractice?
All medical malpractice claims in Ohio must be supported by an affidavit of merit executed by an appropriate expert witness. The expert witness must be in the active practice of medicine in any state and focus at least 50% of their professional time in the active clinical practice and/ or teaching of medicine.
Statute of Limitations- One Year
The one year statute of limitations is the time in which a claim for medical malpractice must be made or it will be barred. The statute of limitation may start as soon as when the injury takes place, or when it reasonably should have been discovered, or when the doctor/ patient relationship for the condition in question ends, whichever comes later.
If you think you or a loved one may have a malpractice claim against a hospital, contact Geiser Bowman & McLafferty for a free consultation. Remember, there is no charge to you unless we win your case.