Previously on this blog, we began looking at the importance of expert testimony in establishing liability in medical malpractice cases, and the fact that different jurisdictions have different rules regarding the admissibility of expert testimony.
In medical malpractice cases, building a strong defense requires not only having the law on one’s side, but also presenting enough evidence to back up one’s legal argument. While medical malpractice plaintiffs have the burden of presenting relevant and reliable evidence to support each element of a medical malpractice claim, defendants’ focus is to present sufficient evidence to show that the plaintiff doesn’t meet the legal requirements for establishing the defendant’s liability.
Those who support aggressive medical malpractice laws that make it easier for patients to sue claim it will result in improved care. A recent study, however, suggest that the risk of litigation may not improve patient outcomes.
Medical professionals have a very difficult job to perform, and they are put under tremendous stress to accomplish it flawlessly. Obviously, this doesn't always happen. People are going to make mistakes, no matter if they are parking lot attendants or highly respected brain surgeons. Mistakes happen. We're human.
Even the best doctors and medical professionals can be involved in medical malpractice lawsuits. Whether the claim is legitimate or not, it is vital to protect your rights and interests throughout the proceedings. The best way to do this is through a strong defense strategy.
In many cases, the best way to reduce the occurrence of medical negligence cases is through coordinated patient care. This can help to reduce errors, improve communication and achieve better results for patients.
Medical malpractice is a loaded term in many ways. It immediately puts an idea in someone's head that the medical professional or institution was somehow at fault for any and every mistake that has ever been levied against them. In truth, many cases of medical malpractice are successfully defended, and even the ones that are settled often have mitigating circumstances that may not necessarily substantiate the plaintiff's claims.
Current data suggests that 75% of physicians face a malpractice claim over the course of their career.
As in most states, Ohio law imposes a statute of limitations on medical malpractice claims. Among other things, this is meant to ensure that evidence related to the case will not disappear, and witnesses will still be available to testify.
In our last blog post, we talked about a medical malpractice case where a patient was held responsible for her death as opposed to the doctors who provided care for her after she was diagnosed with cancer. The jury ruled in the defendants' favor because the woman smoked heavily her whole adult life, directly contributing to her death.