We Believe Victims of Negligence Deserve
Full, Fair, Just Compensation
If you have suffered an injury or illness because of the wrongdoing of a medical professional, you may be able to recover compensation for your losses through a medical malpractice claim. However, in order to be successful, you must be able to prove four important elements in your case. This process is often quite complex and expensive, requiring the help of an experienced Ohio malpractice attorney and the technical knowledge of a team of medical consultants.
Attorney Robert W. Kerpsack can review your potential case for free to help determine whether you should pursue a medical malpractice claim. Call us today at (614) 766-2000 to schedule your free consultation.
Do You Have a Medical Malpractice Case?
The four main elements of a successful medical malpractice case are:
- Duty – You must prove that the medical professional (the treating doctor, hospital, or other medical professional) owed you a duty of care. This is usually the easiest element to establish, since all you need to show is a doctor/patient relationship between the medical professional and you.
- Breach of Duty – You must prove that the medical care you received fell below the requisite standard of care. Sometimes, this is easy to establish (e.g. if a surgeon left an instrument inside your body). However, most claims require extensive research and consultation with experienced medical professionals to determine the standard of care applicable to your case.
- Injury and Damages – You must prove that you have suffered an injury or illness. Generally speaking, the injury or illness must be serious and permanent in order to justify the great expense of investigating and prosecuting a medical malpractice claim.
- Causation – This is often the most difficult and complicated element to prove. You must prove that the injury and damages were proximately caused by the alleged malpractice. In other words, you need to separate the normal risks and potential complications of the underlying medical condition or procedure from what was caused or made worse by the malpractice. If it is likely that the injury and damages still would have occurred without the malpractice, then you may not have a viable medical malpractice case.
If you suspect that you or a loved one has been harmed by the wrongdoing of a medical professional, please contact Robert W. Kerpsack Co., L.P.A. through the form on this page or call (614) 766-2000 to schedule a free case evaluation with one of our experienced Ohio malpractice attorneys. We represent victims of medical malpractice throughout Columbus, Dublin, New Albany, and the rest of Ohio.