Chardon Medical Malpractice Attorney
Scott M. Kuboff, Esq. is a Chardon Medical Malpractice Attorney with the law firm of Ibold & O’Brien who helps his clients receive fair and just compensation for injuries resulting from medical, nursing and surgical mistakes.
Scott represents victims of medical negligence throughout the state of Ohio in a variety of claims, including:
- Allergic reactions
- Anesthesia error
- Delayed diagnosis
- Failure to diagnose
- Hospital infections
- Missed diagnosis
- Prescription drug overdose
- Surgical mistakes
Chardon Medical Malpractice Attorney Scott M. Kuboff, Esq. Will Work Hard To Uncover The Medical Mistake And Make The Physicians Pay For The Harm.
In order to establish a medical malpractice claim, a Chardon medical malpractice attorney must establish:
- A duty running from the physician to the plaintiff
- A breach of standard of care
- Damages suffered by the plaintiff
- A proximate causal relationship between the breach of duty and the damages
Physician/Patient Relationship Creates A Duty
Ohio courts have found the physician-patient relationship has the following characteristics:
- Arises out of an express or implied contract which imposes on the physician an obligation to utilize the requisite degree of care and skill during the course of the relationship.
- The relationship is a consensual one and is created when the physician performs professional services that another person accepts for the purpose of medical treatment.
- It is a fiduciary relationship based on trust and confidence and obligating the physician to exercise good faith.
- The patient will rely on the judgment and expertise of the physician.
- The patient seeks out and obtains the physician’s services because the physician possesses special knowledge and skill in diagnosing and treating diseases and injuries which the patient lacks.
Breach Of Standard Of Care
To establish breach of the standard care, a Chardon Medical Malpractice Attorney must prove the recognized standard of the medical community in the particular kind of case, and a showing that the physician in question negligently departed from this standard in his treatment of plaintiff. This requires a Chardon Medical Malpractice Attorney to show that the physician breached the standard of care by doing a particular thing or things that a physician or surgeon of ordinary skill, care and diligence would not have done under like or similar conditions or circumstances, or by the failure or omission to do some particular thing or things that such a physician or surgeon would have done under like or similar conditions and circumstances.
In most – if not all – circumstances, our Chardon Medical Malpractice Attorney retains an expert to establish the appropriate standard of care and explain what a medical professional of ordinary skill, care, and diligence in the same medical specialty would do in similar circumstances.
In addition to establishing the standard of care and breach, a Chardon Medical Malpractice Attorney must prove that the injury complained of was the direct result of such doing or failing to do someone or more of such particular things. In other words, the injury must also be “the natural and probable consequence” of the negligent act and it must appear that the injury complained of could have been foreseen or reasonably anticipated from the alleged negligent act.
In a medical negligence case, there is no limitation on the amount of economic damages a plaintiff can recover. R.C. § 2315.18(B)(1). Economic damages include lost wages, medical expenses, and other expenditures incurred as a result of the injury. See R.C. § 2315.18(A)(2)(a) through (c).
In addition to economic damages, plaintiffs may recover for noneconomic damages, which includes, but is not limited to, “pain and suffering, loss of society, consortium, companionship, care, assistance, attention, protection, advice, guidance, counsel, instruction, training, or education, disfigurement, mental anguish, and any other intangible loss.” R.C. § 2315.18(A)(4).
Generally, noneconomic damages are capped at the greater of “two hundred fifty thousand dollars [$250,000.00] or an amount that is equal to three times the economic loss . . . . to a maximum of three hundred fifty thousand dollars [$350,000] for each plaintiff in that tort action or a maximum of five hundred thousand dollars [$500,000] for each occurrence that is the basis of that tort action” R.C. § 2315.18(B)(2). In the event of a catastrophic injury, there is no limit to noneconomic damages. See R.C. § 2315.18(B)(3).
Chardon Medical Malpractice Attorney Scott M. Kuboff, Esq. Will Hold The Hospitals Accountable.
Scott is willing to take on the big hospitals like the Akron General, Chardon Clinic, EMH Regional, Lake Health, Metro Health System, Summa Health System, and University Hospitals to hold them accountable for your injuries.
Scott’s representation of medical malpractice victims is on a contingency basis, meaning you will pay NO ATTORNEYS FEES unless he recovers for you.
If you have been injured by a medical, nursing, or surgical mistake, please contact Scott, a Chardon Medical Malpractice Attorney, for a no-cost, no-obligation consultation and case evaluation.