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Medical Malpractice Claim: Common Defenses by the Defendant

Michael Becker

When you are pursuing an Ohio medical malpractice claim, you can expect it to be a long, complicated process. However, with the help of a Lorain County medical malpractice lawyer, you can spend more time focusing on your healing and recovery.

Establishing Medical Negligence

In order to move forward with a medical malpractice claim, you will need to establish medical negligence. This means you must prove that a healthcare provider acted in a manner that was careless, reckless or malicious and that as a result, you were seriously injured.

Proving medical negligence will require medical documentation, which may include your records, charts, x-rays, test results and anything else that is related to your injuries. A lawyer can help collect all of the necessary evidence for your case.

Medical negligence can include prescribing the wrong medication (or the wrong dosage), leaving a surgical instrument or sponge inside a patient, failing to diagnose or misdiagnosing a medical condition, or operating on the wrong patient. There are many other types of medical negligence that can occur.

You not only will need to establish that medical negligence took place, but also that it resulted in you suffering serious injuries. The impact of your injuries will be taken into consideration when pursuing a claim against the liable healthcare provider.

Defenses by the Defendant in a Medical Malpractice Case

While you have your side to prove, the negligent healthcare provider will want to provide a defense. Their goal is to refute your claims and demonstrate that you either acted in a manner that contributed to the injury or that the circumstances under which you were injured were completely unavoidable.

There may be a general defense that you, as the patient, acted in a negligent manner, in which you either caused some or all of your harm. Or the defendant may try to show that you made the injury worse by some action.

Another defense could be that you understood the risks involved and gave informed consent; therefore, the healthcare provider was not responsible for the outcome. Informed consent means you are aware of the risks, costs and potential complications of a medical treatment or procedure.

The other side may also try to show that you failed to disclose important information that could have potentially prevented the injury from happening. This failure to disclose medical history could be another type of defense used.

If it can be shown that in any way you contributed to your injury or you interfered in such a way that demonstrates your own negligence, then these defenses will be used to diminish or deny your claim.

Get Help from a Lorain County Medical Malpractice Lawyer

Having strong legal representation is important when it comes to pursuing an Ohio medical malpractice claim. You should speak immediately with a Lorain County medical malpractice lawyer, who can explain all of the legal options you have available and what your next steps should be.

You will want to ensure that you have adequate, detailed evidence that builds a strong case. This is best done with the help of a lawyer who handles medical malpractice cases. To arrange for a no-cost consultation, contact us today at (440) 252-4399.

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