Columbus Medical Malpractice Attorney
We've Recovered Millions of Dollars For Our Clients
In our civil justice system, all persons are expected to be reasonably careful when it comes to the health and safety of others around them. Failure to do so is considered negligence, and injuries or damages that result can give rise to a personal injury case. The standard of what constitutes this duty of “reasonable care” is defined by the circumstances presented in the case, which sometimes includes the relationship between the parties, or the defendant’s occupation.
What are the Basic Requirements to File a Medical Malpractice Claim in Columbus, Ohio?
The consequences of being hurt by a medical professional is not something you are going to have to prove to yourself, but you will need to prove it to the court. Every medical malpractice claim that stands up to the pressures of litigation in Ohio has undoubtedly met a set of certain basic requirements. If you think you have a case but are not entirely positive, review the four requirements for a claim below, or contact Rourke and Blumenthal LLC today. Our Columbus, Ohio medical malpractice attorneys have 75+ years of collective legal and trial experience, allowing us to recover more than $300 million for past clients. We have a great understanding of Ohio malpractice laws and can use it to benefit your medical malpractice lawsuit.
The Four Basic Requirements for a Medical Malpractice Claim Include:
- Doctor-patient relationship: There must be evidence of an official doctor-patient relationship existed between you and the person you said has done you harm. Did you agree to their medical services? Did they agree to provide them in accordance to their occupation? Usually any sort of direct treatment will automatically constitute this relationship.
- Doctor negligence: This is the key factor to your case. Medical professional negligence can occur in so many ways, but it can also be difficult to prove definitively. You will need to show that the harm you suffered could have been avoided if another doctor treated you. If there is evidence that reasonable care was not used during your treatment, such as a surgeon performing while exhausted, negligence is likely at play.
- Injury cause: The negligence you believe with which your doctor acted must be tied somehow to your injury. For example, if you were being treated for cancer and fell sick shortly after chemotherapy, it could be an unavoidable consequence of the treatment, not a side effect of some sort of negligence or misdiagnoses. If chemotherapy would have been deemed unnecessary by a more competent doctor, however, the same illness could be negligence-related.
- Actual or specific damages: Negligence and illness do not mean much to a court if no actual damage is caused to you. If you want to pursue some sort of compensation for the medical malpractice, you need to show that you were harmed physically or mentally, had to pay for treatments yourself, or are now facing reduced wages or income at work.
Call (614) 321-3212 to speak with our Columbus medical malpractice attorney.
What is "Medical Negligence?"
Although cases involving doctors, surgeons, nurses, therapists, hospitals, nursing homes, or other health professionals are often labeled as “medical negligence” in print media and on television, the Ohio Revised Code does not actually include any definition of the phrase. From a legal perspective, the word “negligence” is essentially meaningless, as the required elements in these cases are the same as other personal injury or wrongful death lawsuits: (1) Did the defendant act - or fail to act - in a manner that a reasonably careful doctor, surgeon, nurse, or other health care provider would have under the circumstances? (2) If not, did the medical negligence cause injury or damages to the plaintiff?
Medical negligence (or “negligence”) can manifest itself in many forms, and can have devastating effects for patients and their loved ones. Indeed, studies have suggested that preventable medical errors are the third-leading cause of death in our country behind only heart disease and cancer. In addition to the physical harms and loss of life that these errors can cause, they oftentimes place tremendous financial burdens on the families involved due to the need for additional treatment costs, and sometimes long-term care. Some of the more common scenarios that can give rise to a claim against a medical professional include an incorrect or untimely diagnosis, retained surgical items, prescription errors, early discharge from a facility, delays during the birthing process, and improper (or obsolete) treatment recommendations.
Causes of Medical Negligence that Frequently Show Up in Courtroom Cases Include:
- Exhaustion and fatigue (long hours)
- Miscommunication between branches of clinic
- Inadequate staff on-hand for emergencies
- Ineptitude and a general lack of supervision
- Illegible prescriptions
- Misidentified patients (clerical errors)
While one can acknowledge that it can be difficult and very stressful to work in a hospital or medical clinic, providers who hold themselves out as professionals and offer medical services to the public should not be excused for failing to exercise a reasonable level of care. When people come to a professional for medical treatment, they have the right to expect it to be accurate, efficient, and safe. They should not have to worry about whether or not they are going to go home in a worse conditions than when they arrived there in the first place.
A Proven Track Record of Success
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$20,800,000 Drunk Driving Accident
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$8,500,000 Verdict for Amputation Injury
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$7,400,000 Accident Causing Amputation
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$6,500,000 Wrongful Deaths Caused By Arson
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Record-Setting $6,000,000 Wrongful Death
We Come Highly Recommended
Learn what our happy clients have to say about working with our team
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"You NEED attorneys who are experienced in TBI cases."Wonderful firm! We have worked with other attorneys in the past and Mike and Tim blew us away. If you have a brain injury in the State of Ohio, you NEED attorneys who are experienced in TBI cases, not just motor vehicle accidents or other personal injury matters. It makes a huge difference having an attorney who understands the medical, emotional, and financial issues a family suffers after a TBI. They are professional, compassionate, and great communicators. I would recommend this office to anyone.- Suzanne
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"Attorney Stoudt is the best lawyer I've ever worked with."Attorney Jon Stoudt is the best lawyer I've ever worked with. He did everything he could to help me. From the start, Jon was very responsive and always explained everything in terms I could easily understand. Jon's staff was also kind and responsive. I highly recommend Jon and would use him again in the future. Several months after being done with my case, another lawyer, handling a different part of the case, commented on how well Jon handled my civil suit.- Jillian
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"Mr. Rourke and his team were extremely compassionate, knowledgeable and friendly"From the very beginning and to the very end of a long process, Mr. Rourke and his team were extremely compassionate, knowledgeable and friendly. I found them to be honest and easy to communicate with, day or night, weekday or weekend. Mr. Rourke was always professional but at the same time made you feel important and took as much time that was needed to explain the many steps in this process. Everyone of his team were very respectful and caring of everyone in my family involved in our case. I will have an admiration for Mr. Rourke and his team for the remainder of my life.- Kelly
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"Excellent Counsel"Jonathan Stoudt gave us excellent counsel during our time with him.- Cathy
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"I always felt that he had my best interests as the top priority."Mr Timothy Mahler represented me after a personal injury auto accident. He was professional, knowledgeable, empathetic and experienced. I always felt that he had my best interests as the top priority. I was relieved from the intricate and time-consuming tasks related to the accident, free to focus on healing and recovery. He managed the complicated insurance and settlement to the best outcome. His team always treated me with respect. I would highly recommend Mr Mahler and his team. Thank you.- Cathy B.
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"I will forever be grateful for their help!"I suffered physical injuries and a concussion from an auto accident in December of 2020. The team, from receptionist to attorneys, were nothing less than stellar, professional, kind, and hard working. The accident and aftermath were extremely stressful; but the Rourkes, Michael Senior and Michael Junior, helped me navigate the process while I focused on healing. For me, recovery from the accident was the most important part of the process. While I worked on recovering, Rourke and Blumenthal worked on negotiating a fantastic settlement for me. I will forever be grateful for their help!- Maggie S.
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"These attorneys always do what they promise."Attys. Mike Rourke, Sr. and Mike Rourke, Jr., helped us understand and settle all the legalities after my husband was hit be a car while riding his bicycle. Their extensive knowledge with injury cases, and their professionalism were ever-present, along with their empathy and understanding of what people experience after injuries that change lives. These attorneys always do what they promise, and in a timely and concise manner.. We would recommend Rourke & Blumenthal for anyone who needs legal services related to an accident or injury.- Stefanie M.
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"Our family is so grateful to have Rob Miller represent my daughter’s personal injury case."Our family is so grateful to have Rob Miller represent my daughter’s personal injury case. He is extremely knowledgeable about Ohio Law and was very patient with my numerous questions. Rob was always genuinely concerned about my daughter’s recovery and well being first. He is professional, knowledgeable, understanding, patient and we are so pleased with the outcome of the settlement. I would highly recommend Rob Miller to anyone looking for a top personal injury attorney.- Kathy
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