Do All Medical Malpractice Cases Require a Lawyer?

If a doctor made a mistake and you or your child suffered serious injuries as a result, you likely want justice and financial compensation. However, you might not be very trusting of professionals in this situation, as a medical professional you were supposed to trust recently caused you harm. You might be wary about contacting a lawyer for assistance. 


While you might have a good idea that you have a medical malpractice claim, where do you start? You cannot simply talk to your doctor or hospital and demand money for your medical bills and suffering. Instead, there is a legal process you must follow, which can be complicated for even the most sophisticated individuals. 


If you are in this position, you should always contact an Ohio medical malpractice lawyer to best protect your rights. 

The Legal Complexities of Medical Malpractice Cases

Medical malpractice is the most complex area of personal injury law. Many states have special laws that govern medical malpractice recovery that differ from other personal injury cases. For example:


  • In Ohio, the statute of limitations for most personal injury lawsuits is two years, but in medical malpractice cases, the statute of limitations is only one year (with some exceptions)
  • There are caps on the pain and suffering damages you can seek in an Ohio medical malpractice claim, but there are no caps on pain and suffering for other types of injury lawsuits


In addition to having separate laws that apply, proving your medical malpractice claim can be much more complicated than proving negligence in other injury cases. To prove a driver was negligent, you must simply show they violated a traffic law or engaged in unreasonable driving. However, to prove that a medical professional was negligent, you must show that your doctor failed to:


  • Act as a reasonable doctor would
  • With the same training and experience
  • Given the same set of circumstances


This requires the analysis of medical experts to determine whether your doctor breached their medical duty of care to their patient


Dealing With High-Powered Insurance Companies

On top of the legal hurdles you must clear in a medical malpractice case, know that doctors and hospitals have high-powered insurance companies covering them for malpractice claims. These insurers are prepared to fight against patient claims, and they will do anything they can to avoid or minimize liability. 


While you are recovering from your preventable injuries, you should not be dealing with insurers who are trying to take advantage of you. Instead, hire a medical malpractice lawyer who the insurance company knows will stand up for your rights. 

Don’t Wait to Speak With Our Ohio Medical Malpractice Attorneys

When you hire an Ohio medical malpractice lawyer from The Eisen Law Firm, insurance companies know that you are serious about your claim. We fight for the rights of patients who suffered avoidable injuries, so please contact us online or call 216-687-0900 as soon as you can. Our legal team is ready to help.