The legal theory of vicarious liability is based on the concept that an employee engaged in activity on behalf of his or her employer can, if his or her behavior is culpable, lead to liability on the part of the employer as well. In Ohio vicarious liability can occur in the setting of medical treatment, because although some health care professionals like physicians are solo practitioners, many others work for a larger organization like a hospital.
In our age of instant communication, few groups have benefited more from cellphones than doctors. Yes, pagers are still widely used, but often a quick text or a phone call can say a lot more than a message on a pager can. While there are innumerable benefits of doctors carrying cellphones, there are also drawbacks -- and not the obvious one, it being a distraction. Rather, doctors could be causing their patients to become sicker by carrying their phones around the hospital, especially in the operating room.
Not long ago there used to be a television series titled, "A Thousand Ways to Die". It featured allegedly true stories of people who met their ends in unpredictable and often bizarre ways. Aside from its ghoulish entertainment value, the series was a reminder that sometimes events can occur that you have no way of preparing for, and which can have enormous long-term consequences.
Choosing a doctor is a serious matter, and you can invest considerable time and effort researching your decision. The good news is that in today's information age, you have many options available to do your homework, including the Internet and a variety of consumer reporting sites. But how much faith can you place in the information you gather from such sources?
You may recall a recent post where we discussed the importance of time in medical malpractice cases. The statute of limitations in Ohio dictates that you have precisely one year to file a medical malpractice case, though there are rules on when that clock starts running. If you or a loved one has been harmed by or in the care of a medical provider, your instinct may be to file a medical malpractice lawsuit immediately. Before you do so, there are some steps you should take.
We live in a society in which credentials carry considerable weight when it comes to persuasion. Nowhere is this more true than with the medical profession.
A trip to the doctor in Columbus, Ohio, can be filled with anxiety if you are sick or injured. First, you feel terrible, and you probably fear what the diagnosis will be. One thing you should not be concerned about is the ability of the doctor to properly diagnose and treat what is wrong with you, but, sadly, this might not be true in many cases.
A medical malpractice attorney, like all lawyers, must constantly be aware of possible changes to the law that could affect current and future clients. There is a bill before the Ohio General Assembly that would allow doctors to apologize to patients for mistakes they made to the detriment of the patient, without having that apology or admission of error be used later as evidence or admission of guilt by the doctor in a possible future medical malpractice case.
Medical malpractice lawsuits in Ohio are variations of basic lawsuits for negligence. In addition to proving that the defendant owed the plaintiff a duty of care, one of the elements that the plaintiff must also prove to be successful is that some harm ensued as a direct result of that breach of duty.
At times medical malpractice cases go unreported. In other instances, victims file their complaints after a considerable amount of time elapses. This can be because of unawareness of the occurrence of an injury, or a long recovery period. If the delay in discovering or taking action on an injury resulting from a medical mistake takes too long, unfortunate victims can end up missing compensation that negligent doctors rightfully owe them.