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Law Offices of Blake R. Maislin, LLC

2260 Francis Lane

Cincinnati, OH, 45206

(513) 444-4444

 

Dayton Office of Blake R. Maislin, LLC

2215 Arbor Boulevard,

Moraine, Ohio 45439

(937) 444-4444

 

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Florence, KY 41042

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Cincinnati, Ohio 45206

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This personal injury lawyer website is for informational purposes only. The viewer's understanding of the information on this website does not constitute a formal legal relationship with The Law Offices of Blake R. Maislin LLC. This personal injury lawyer website is not to be used as formal legal advice. Please contact our Cincinnati injury lawyer to schedule a complimentary consultation if you need professional legal advice in Ohio or Northern Kentucky.

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How to Determine Whether or Not You Have a Medical Malpractice Case

January 29, 2020

 

While medical malpractice cases happen rather frequently, they are more difficult to identify than one might think. The field of healthcare is incredibly complex, and what may be unfair in some situations, does not mean you have a case on your hands. Below are some signs that you might have a medical malpractice case.

 

Did You Have A Poor Outcome?

 

Due to the human body being so complicated, poor outcomes happen. Unfortunately, they happen all the time. A poor outcome does not necessarily mean malpractice. In fact, in most cases, it does not. It is important to understand what clear malpractice looks like.

 

What Makes a Definite Medical Malpractice Case?

 

1)    Lack of Consent

 

Informed consent is one of the most important steps in any healthcare treatment. A patient should always offer consent before any medical treatment is delivered. While this is not always possible in extreme situations, it is vitally important to protect the hospital. You might have a medical malpractice case if you received treatment without providing informed consent.

 

2)    Failure to Inform

 

Informed consent involves a healthcare provider explaining the common risks that are associated with treatment to their patients so that they know what might happen to them should they have a poor outcome. They are not always legally required to list unusual or unlikely risks that do not happen often. If you received a poor outcome and your physician failed to inform you of the risks, you may have a medical malpractice case.

 

3)    Admission of Mistake

 

While many providers are coached not to ever say these words, if your provider admits to making a mistake during your treatment, you more than likely have a medical malpractice case in front of you. This is the best-case scenario for anyone pursuing a medical malpractice case.

 

4)    Unusual Outcome

 

If your doctor informed you of all the risks associated with your treatment and you still displayed an unusual outcome, you may have a case. Unusual outcomes could be a result of a mistake made by your physician that they have not admitted to making. A personal injury lawyer can help you investigate your situation and determine if you have a medical malpractice case.

 

To learn more about medical malpractice and whether or not you have a case, you should consult with a personal injury lawyer. For a free consultation, click here.

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