When you go to a doctor, hospital, emergency room, or other healthcare provider, you expect the care you receive to help you get better. But mistakes can happen during diagnosis, treatment, surgery, medication management, and follow-up care.
An unexpected complication or poor medical outcome does not automatically mean medical malpractice occurred.
Medical malpractice generally happens when a healthcare provider fails to meet the accepted standard of care, and that failure causes harm.
That distinction matters. Medicine is not perfect, and doctors cannot guarantee a specific result. Complications can happen even when a provider delivers appropriate care. A medical malpractice case looks at whether the provider failed to meet the proper standard of care and whether that failure caused the patient’s injury.
What Is Medical Malpractice?
Because malpractice laws vary by state, each case depends on its specific facts. In general, a medical malpractice case looks at four key questions:
- Did the healthcare provider owe the patient a duty of care?
- Did the provider fail to meet the applicable standard of care?
- Did that failure cause or contribute to the patient’s injury?
- Did the injury cause financial, physical, or other damages?
A mistake alone does not automatically prove malpractice. The patient must generally show that the provider’s actions or failures caused the harm.
What Is the Standard of Care?
The standard of care helps determine whether a healthcare provider acted appropriately in a medical malpractice case.
It describes the level of care a reasonably careful healthcare professional would provide under similar circumstances.
Several factors can shape that standard, including the patient’s condition, the type of treatment, the provider’s specialty, and the circumstances surrounding the care.
Qualified medical professionals often review the records and evaluate whether the provider met that standard.
What Is the Difference Between a Medical Error and Medical Malpractice?
People often use “medical error” and “medical malpractice” to mean the same thing, but they are not always the same.
A medical error does not automatically create a malpractice claim.
For example, a doctor may first suspect one diagnosis and later determine that another condition caused the patient’s symptoms. That change alone does not mean the doctor acted negligently.
The key question is whether a reasonably careful medical professional would have acted differently under the same circumstances and whether that difference caused harm.
That is why medical malpractice cases usually require a close review of the medical records, treatment decisions, and resulting injury rather than simply showing that something went wrong.
Common Types of Medical Malpractice
Medical negligence can occur in hospitals, emergency rooms, doctors’ offices, surgical centers, nursing facilities, pharmacies, and other healthcare settings.
According to the Agency for Healthcare Research and Quality, medical errors can involve diagnosis, medication, surgery, equipment, laboratory reports, and other areas of patient care.
Some of the issues frequently investigated in medical malpractice cases include the following.
Misdiagnosis or Delayed Diagnosis
A correct and timely diagnosis can be critical to a patient’s treatment.
A diagnostic error may involve:
- Failing to recognize significant symptoms
- Failing to order appropriate testing
- Misinterpreting test results
- Failing to consider another possible diagnosis
- Failing to communicate abnormal results
- Failing to refer a patient to an appropriate specialist
- Delaying diagnosis until a condition has progressed
A delayed or incorrect diagnosis does not automatically establish malpractice. The issue is whether the provider acted reasonably based on the information available at the time and whether the delay or error caused additional harm.
Surgical Errors
Surgery always carries some level of risk, and a complication by itself does not necessarily mean negligence occurred.
However, some surgical errors can raise serious concerns about the care provided.
Examples may include:
- Performing the wrong procedure
- Operating on the wrong part of the body
- Surgery involving the wrong patient
- Leaving a surgical item inside a patient
- Damage to surrounding organs or tissue that may have been avoidable
- Anesthesia errors
- Failure to appropriately monitor a patient
- Negligent post-operative care
Certain particularly serious patient-safety incidents, such as wrong-site surgery or the unintended retention of a surgical item, are sometimes referred to as sentinel events or never events.
Medication Errors
Medication errors can occur when a drug is prescribed, dispensed, or administered.
Possible errors may include:
- Giving a patient the wrong medication
- Prescribing or administering an incorrect dosage
- Failing to recognize a known allergy
- Failing to consider a dangerous drug interaction
- Giving medication intended for another patient
- Failing to properly monitor a patient’s response to a medication
The circumstances surrounding the medication error and the resulting harm must be evaluated to determine whether medical negligence may have occurred.
Birth Injuries
Some complications during pregnancy, labor, and delivery cannot be prevented.
Others may raise questions about whether the mother or child received appropriate medical care.
A birth injury investigation might examine issues involving:
- Failure to recognize fetal distress
- Delayed intervention
- Inadequate monitoring
- Improper use of delivery equipment
- Failure to respond to complications
- Medication or anesthesia errors
- Failure to perform a Cesarean section when medically necessary
Birth injury cases can be especially complex because it must be determined whether the injury resulted from negligent care or from a medical condition or complication that could not reasonably have been prevented.
Anesthesia Errors
Anesthesia requires careful dosing and continuous monitoring.
Errors involving anesthesia may include administering too much or too little medication, failing to properly evaluate a patient’s medical history, failing to monitor vital signs, or failing to respond appropriately when complications occur.
Because anesthesia errors can have serious consequences, these cases often require detailed review of the patient’s records and the events before, during, and after the procedure.
Failure to Treat or Follow Up
Medical care does not always end when the patient leaves the doctor’s office or hospital.
Healthcare providers may need to review test results, communicate abnormal findings, schedule follow-up testing, refer a patient to a specialist, or continue monitoring a condition.
Potential problems can arise when an abnormal test result is overlooked, a patient is not informed of an important finding, necessary treatment is delayed, or worsening symptoms are not appropriately addressed.
In some cases, the failure to act may be just as significant as an affirmative medical mistake.
What Does Informed Consent Mean?
Before many medical procedures and treatments, providers are expected to explain important information that allows a patient to make an informed decision about their care.
This may include the nature of the procedure, significant risks, expected benefits, and reasonable alternatives.
However, signing an informed consent form does not give a healthcare provider permission to provide negligent care.
It also does not mean that every complication listed on a consent form is automatically acceptable.
A patient may agree to the known risks of a procedure while still expecting the medical team to perform that procedure according to the appropriate standard of care.
Errors of Omission and Commission
Medical errors are sometimes described as errors of omission or commission.
An error of omission involves failing to do something that should have been done. For example, a provider may fail to order necessary testing or fail to follow up on an abnormal result.
An error of commission involves taking an inappropriate action, such as administering the wrong medication.
These terms help describe what may have happened, but neither automatically establishes medical malpractice. The standard of care, causation, and resulting injury still have to be considered.
What Is a Never Event?
The term never event is commonly used to describe particularly serious and largely preventable patient-safety incidents.
Examples can include surgery performed on the wrong patient or wrong body part and the unintended retention of certain medical or surgical items after a procedure.
These events deserve careful investigation, but the specific facts of each situation still matter when determining whether there is a legal claim.
Warning Signs That a Medical Error May Need a Closer Look
Patients and families may not immediately know that something went wrong.
Sometimes concerns begin only after symptoms continue, another medical provider reviews the treatment, or additional medical problems develop.
Situations that may raise questions include:
- A condition becomes significantly worse despite treatment.
- Another doctor discovers a diagnosis that was previously missed.
- Abnormal test results were never communicated or addressed.
- The patient received the wrong medication or dosage.
- Additional surgery is required to correct an unexpected problem.
- A surgical item is discovered after a procedure.
- Important symptoms were repeatedly reported but not investigated.
- Medical providers give significantly different explanations about what occurred.
- A patient or family cannot get a clear explanation for a serious unexpected complication.
None of these circumstances automatically prove malpractice.
They may, however, be reasons to obtain the medical records and have the care reviewed more closely.
What Should You Do If You Suspect Medical Malpractice?
Your health should come first. If you are experiencing new or worsening symptoms, seek appropriate medical attention.
It can also be helpful to preserve information related to the care you received.
Keep copies of records available to you, including:
- Discharge paperwork
- Test and imaging results
- Medication lists
- Patient portal messages
- Follow-up instructions
- Bills and insurance statements
- Communications with healthcare providers
You may also want to write down a timeline while the events are still fresh in your mind.
Include when symptoms began, which providers you saw, what tests were performed, what you were told, when treatment occurred, and when you first learned there may have been a problem.
Avoid changing or adding information to existing medical records yourself. Preserve the documents and communications as they originally appeared.
Medical Malpractice Deadlines Vary by State
Medical malpractice claims are subject to strict filing deadlines, and those deadlines are not the same in every state.
The date of the medical treatment is not always the only date that matters. Depending on the circumstances and the state involved, the law may also consider when an injury was discovered or reasonably should have been discovered, when treatment ended, the age of the patient, whether a foreign object was involved, and other factors.
That makes it important not to assume how much time remains to investigate a possible claim.
Medical Malpractice Deadlines in Ohio
Under Ohio Revised Code Section 2305.113, patients generally have one year from the date a medical claim accrues to file a lawsuit.
Ohio also sets a four-year statute of repose, which generally bars medical claims filed more than four years after the act or omission that caused the injury.
Certain exceptions can extend or change those deadlines, including cases involving foreign objects, injuries that a patient could not reasonably have discovered earlier, minors, and other specific circumstances.
Ohio law may also give a patient an additional 180 days to file a claim if the patient sends proper written notice before the one-year deadline expires.
Because the date a claim legally accrues can be difficult to determine, anyone who suspects medical negligence should not wait until the deadline is close to seek guidance.
Medical Malpractice Deadlines in Michigan
Michigan follows different rules.
Patients generally have two years to file a medical malpractice lawsuit in Michigan.
Michigan law may also give a patient six months from the date they discovered, or reasonably should have discovered, the claim to file, depending on which deadline applies later. A six-year outside limit also generally applies, subject to certain statutory exceptions.
Michigan law also requires another step before filing suit. A claimant generally must send the healthcare provider or facility a written Notice of Intent before filing the lawsuit. In most cases, the law requires a 182-day waiting period after that notice.
Because these deadlines and notice requirements can overlap, the filing deadline depends on the specific facts of the case.
Do Medical Malpractice Cases Require Medical Experts?
Frequently, yes.
A medical malpractice case often involves complex medical questions that require review by a qualified medical expert.
A medical expert can evaluate the appropriate standard of care, determine whether a doctor or other healthcare provider failed to meet that standard, and assess whether the medical negligence caused the patient’s injury.
Ohio and Michigan also have specific rules involving expert support when a medical malpractice lawsuit is filed.
For that reason, medical malpractice attorneys often investigate these claims extensively before filing suit. They may review medical records, reconstruct the treatment timeline, identify the healthcare providers involved, and consult with an appropriately qualified medical professional to determine whether the evidence supports a malpractice claim.
What Compensation May Be Available in a Medical Malpractice Case?
When medical negligence causes an injury, the damages available depend on the circumstances of the case and the law of the state where the claim is brought.
Potential economic damages may include:
- Additional medical expenses
- Rehabilitation costs
- Future medical care
- Lost income
- Reduced ability to earn income
- Other financial losses resulting from the injury
Noneconomic damages can include losses such as pain and suffering, disability, disfigurement, emotional distress, and loss of enjoyment of life.
Ohio and Michigan both have laws that can limit certain noneconomic damages in medical malpractice cases. The rules and exceptions are different in each state, and Michigan’s statutory limits are adjusted over time.
For that reason, the potential value of a medical malpractice claim should be evaluated based on the particular injury, the resulting losses, and the law that applies to that case.
What About Medical Malpractice That Results in Death?
Medical negligence can sometimes result in the death of a patient.
When that occurs, there may be both medical malpractice and wrongful death issues to consider.
These cases can involve different damages and different filing rules than a malpractice case involving a surviving patient.
Families should not assume that the same deadline or legal requirements apply simply because the underlying death involved medical treatment.
A Bad Medical Outcome Does Not Always Mean Malpractice
One of the most important things for patients and families to understand is that a serious or unexpected medical outcome does not automatically mean someone was negligent.
Some illnesses progress despite appropriate treatment. Surgeries have known risks. Medications can cause adverse reactions even when properly prescribed. Complications can occur even when doctors and nurses follow appropriate procedures.
The question in a medical malpractice case is not simply:
“Did something go wrong?”
It is:
“Did the healthcare provider fail to meet the appropriate standard of care, and did that failure cause the patient’s injury?”
Answering that question may require a detailed review of the medical records and the opinions of qualified medical professionals.
Frequently Asked Questions About Medical Malpractice
What are common medical malpractice errors?
Common medical malpractice errors may include misdiagnosis or delayed diagnosis, surgical errors, medication mistakes, anesthesia errors, birth injuries, and failures to properly treat or follow up with a patient. Whether an error qualifies as malpractice depends on the standard of care and whether the error caused harm.
Does a medical error automatically mean malpractice occurred?
No. A medical error, complication, or poor outcome does not automatically mean medical malpractice occurred. A malpractice claim generally requires evidence that a healthcare provider failed to meet the applicable standard of care and that the failure caused the patient’s injury.
How do I know if I may have a medical malpractice case?
Possible concerns can include a missed diagnosis, abnormal test results that were not addressed, receiving the wrong medication, needing additional treatment to correct an unexpected problem, or learning from another provider that something may have been missed. A review of the medical records and circumstances is often necessary to determine whether negligence may have occurred.
How long do I have to file a medical malpractice claim?
The deadline depends on the state and the circumstances of the case. Ohio and Michigan have different statutes of limitations and procedural requirements for medical malpractice claims. Because determining when the filing period begins can be complicated, it is important not to assume how much time remains.
Do I need a medical expert for a medical malpractice case?
Medical experts are frequently needed in malpractice cases to evaluate the applicable standard of care, determine whether the healthcare provider departed from that standard, and assess whether the departure caused the patient’s injury. Ohio and Michigan also have specific requirements involving expert support in medical malpractice litigation.
Questions About Possible Medical Malpractice?
If you believe a medical mistake caused you or someone you love serious harm, getting answers matters.
Medical malpractice cases can be complex. Medical records may need to be reviewed, the standard of care evaluated, and strict filing deadlines considered. Our team can help determine whether medical negligence may have occurred and explain your legal options.
Gallon, Takacs & Boissoneault represents individuals and families in medical malpractice cases throughout Northwest Ohio and Southeast Michigan.
If something about your medical care does not seem right, talk with an experienced medical malpractice attorney. Call GT&B at 419-843-6663 or contact us online to discuss what happened and what steps may come next.
Jonathan Ashton, Partner and Personal Injury Attorney, began his law career at GT&B in 2007 as a law clerk. He was hired as an associate immediately after passing the Ohio Bar in 2008. Jonathan practices in Personal Injury, representing clients who have been injured and need justice and compensation for them to move forward in their lives.
