Ohio Medical Malpractice Lawyer
In 1999, the Institute of Medicine (IOM), in an effort to improve the quality of health care in America, issued an investigative report that concluded that as many as 98,000 people die a year due to medical errors. The IOM referred to this as an “epidemic” of medical errors.
“ Medical Errors” were defined as “the failure of a planned action to be completed as intended or the use of the wrong plan to achieve the aim.” The IOM listed the most common as (1) adverse drug events; (2) improper transfusions; (3) surgical injuries; (4) wrong site surgeries; (5) suicides; (6) falls; (7) burns; (8) pressure sores; (9) and mistaken patient identity.
These mistakes affect not only the immediate patient and their families but society as a whole. The mistakes result is financial burden in the loss of productivity and resources expended to treat the error. Despite this report, medical malpractice reform was at the center of the political scene in the 2000 election, where tort reform was touted as necessary to keep the medical community stable. Frivolous claims and unrefined juries were blamed as causing a medical crisis. Many states ignored the objective findings of the IOM and implemented tort reform designed to curb lawsuits. As a result, many individuals have gone uncompensated and society continues to bare the burden of the high cost o medical errors with increasingly less oversight.
Joseph M. Lyon has been actively involved in evaluating, assisting, and litigating complex medical malpractice cases as a college student, a law student, and as a lawyer. He has had great success in this area, and continues to represent patients who have been injured due to medical negligence. Mr. Lyon has advocated on behalf of his clients to political figures in opposition of tort reform measures. He along with the state and national constituents continue to take an active stance against legislation that takes the right to trial by jury away from individuals. Mr. Lyon has handled cases involving delay in diagnosis of breast cancer, surgical negligence, obstetrical negligence and birth trauma, and emergency room negligence (Links)
THE LAW
A claim for medical malpractice arises from the physician-patient relationship. Medicine is not an exact science, and many surgeries or treatment plans that are un-successful or result in injury occur despite the best care and effort on the part of the physician. A poor result is not, in and of itself, indicative of medical malpractice, or sufficient to prevail in a claim for medical malpractice.
In order to present a case for medical malpractice, the plaintiff (the patient) must present evidence that (1) there was a physician-patient relationship; (2) the physician breached the applicable medical standard of care in the course of that relationship; and (3) the physician’s actions resulted in injury to the plaintiff.
‘The Standard of Care”
The concept of “the standard of care” has proven difficult for juries to understand and can be the most difficult to establish as a Plaintiff. In general, the “standard of care” refers to the care that a reasonably prudent physician in the same or similar situation would employ. In laymen’s terms, the standard is the method or manner in which the physician should act according to his background, education, and experience. This concept proves difficult because the practice of medicine is not exact and includes judgment calls. As much as we would like to think differently, medicine is not an exact science, so there is much grey and flexibility where a physician must act under those circumstances in light of that patient.
That being said, there often are identifiable rules, guidelines and standards that govern most practices and procedures that a physician encounters in his daily practice. The standard are found in the medical literature, practice guidelines (e.g., The American College of Cardiology Guidelines), and through expert testimony.
Expert testimony (i.e., a qualified physician) is necessary to establish the standard of care. The Defense will always offer defense testimony identifying a different standard or arguing that the general application of the standard identified in the literature is not applicable in the given situation. The “judgment call defense” can be overcome with thorough examination of the literature and application of the underlying clinical evidence to show that there was no benefit and excessive risk to the patient by deviating from the well recognized standard.
“Proximate Causation”
It is not sufficient to show that the physician made a mistake. The mistake must have caused the injury for which the Plaintiff is seeking compensation. Again, the connection must be proven through medical expert testimony.
“Damages”
If the Plaintiff can show the defendant breached the standard of care and caused an injury, the Plaintiff may be entitled to any of the following damages:
- Past Medical Expenses ( Subject to Reimbursement to Health Insurer)
- Future Medical Expenses
- Lost Wages
- Pain and Suffering
- Loss of consortium
- Loss of Time
- Loss of Enjoyment of Life
- Loss of employment opportunity
