Medical malpractice is one of the vaguer areas of personal injury, largely because it is difficult to determine if a medical malpractice case is a freak accident or an accident caused by negligence on the part of a medical professional. It's important to remember that medical cases are far from an exact science. Different allergies or bodily issues can complicate even the most routine procedures, and sometimes medical complications are unavoidable. However, there are other instances which could have been avoided if it were not for negligence on the part of medical professionals, and these are usually the cases which constitute medical malpractice.
There are three requirements that must be met before a claim could be considered a legitimate lawsuit: a duty must be owed to someone; said duty must have suffered a breach; and said breach must directly or indirectly result in harm or damage. Of course, even if all three of these requirements are met, that does not necessarily mean that you can make a successful medical malpractice claim. Each case is different, and laws can change. Like most lawsuits, medical malpractice can be very complex.
If you are confused about the above explanation, just think of the term "duty" as medical assistance. An instance of medical malpractice occurs when a doctor voluntary chooses to aid another person, either for money or out of the goodness of his or her heart. Once this aid is offered, the doctor becomes liable for any injuries or issues that might arise from negligent behavior.
For more information on the basics of a medical malpractice claim, click here. If you believe that you or a loved one has suffered due to a medical professional's negligence, and you are considering making a claim, it is recommended that you speak with an attorney. Since the laws vary by state, it is important to consult with a legal professional who is familiar with the medical malpractice laws of your area. Ohio residents are encouraged to speak with an attorney who has experience practicing in Ohio.