In recent years, an ever increasing number of cases have been filed which question the propriety of care rendered by a physician, dentist, optometrist, chiropractor or an employee of a hospital or nursing home.  This area of law is generically known as malpractice.

As a practical matter, the Ohio Revised Code defines medical claims as any claim that is asserted in any civil action against a physician, podiatrist, or hospital, against any employee or agent of a physician, podiatrist or hospital, or against a registered nurse or physical therapist, and that arises out of the medical diagnosis, care, or treatment of a person.  The definition can change, as statute language often does - but chiropractic, optometric and dental claims have been defined in the Revised Code, in much the same manner.

An attorney choosing to practice in the malpractice area must understand not only legal principles, but also must be knowledgeable as to the appropriate standard of care that should be exercised by a variety of health care professionals.  This standard is judged against the facts which accompany a given case or set of circumstances.

The three 'prongs' of a good medical malpractice case hinge upon: (1) a breach of the standard of care; (2) a severe injury suffered; and (3) expert testimony supporting the proposition that the breach of the standard of care caused the injury.  The plaintiff's attorney is initially called upon to search out qualified experts to review a client's medical records to determine whether or not a malpractice claim exists.  This is called: meeting the plaintiff's burden of proof.

Expert testimony is necessary to establish and defend malpractice cases since the medical issues involved are not generally within the common knowledge of lay persons.  Thus, once a suit is filed - the attorney works intimately with the expert witnesses to analyze the case, gather the pertinent medical literature and prepare for depositions and trial testimony.  It is not unusual for an attorney to have contact with experts in all areas of specialization, as well as in nursing, physical therapy or technical areas such as X-ray technology, brain damage, or drug modalities.  These name but a few of the literally thousands of areas an attorney can be called upon to delve into, to support and argue a particular case of medical malpractice.

Plaintiffs' Targets - The Defendants & Their Attorneys

Defense attorneys of course, are called upon to represent physicians, dentists, chiropractors, or hospitals themselves.  The defense of a hospital presents the defense attorney with the unique opportunity to defend the hospital against allegations of negligence by a physician-employee - or - by other health care professionals employed by a hospital.  Negligence by either of these groups of employees is imputed to the employer-hospital.

Strictly speaking, the negligence of a nurse, or other non-physician health care professional, is not malpractice, despite being a medical claim defined by statute.  The conduct of these non-physician health care professionals is judged by simple negligence standards.  These cases generally tend to focus on single issues, such as whether an injection was properly given, whether the X-ray technique was appropriate, or whether a patient was improperly monitored - permitting him or her to sustain an injury by (let's say) falling out of bed.

Generally, however, the cases are more complex and involve questions of overall care by the entire health care team - the treating physician, the consultants, the nurses and the ancillary services involved.  In these cases the testimony of nurses and physicians is utilized to establish the standard of care for the non-physician health care professionals, rather than relying on the simple negligence 'reasonable man' standard.

Representative Types of Case Issues

The cases filed in the malpractice area range from simple to highly complex.   Cases may involve one or more of the following issues:

1. Did the physician, dentist, chiropractor or optometrist misdiagnose or fail to diagnose the patient's condition, resulting in injury or death?
   
   
2. Did the surgeon perform a surgical procedure improperly, resulting in injury or death?
   
   
3. Was the treatment modality chosen by the physician, dentist, or chiropractor appropriate for the individual patient and within the accepted standard of care?
   
   
4. Did the nursing staff follow the orders issued by the physician?
   
   
5. Did the nursing staff exercise proper judgment in recording and reporting the patient's condition and reporting changes in condition to the treating physician?
   
   
6. Were the ancillary services, such as lab work, pharmaceutical services and X-rays performed as ordered and any results reported to the physician in a timely manner?

The attorney's task in a malpractice case is to simplify and focus the issues, to make a case where the medical facts, issues and analysis are complex and scientific, as simple and straightforward as possible.  This is an essential task whether the case is one for settlement or presentation to a jury.

The medical malpractice case is one handled by D. Richard Roseman Law Offices.  Call Attorney D. Richard Roseman today, if you or your loved ones have been injured or worse - if someone you care about or loved has experienced a wrongful death at the hands of a negligent physician or hospital.