When we visit the doctor’s office or the hospital, we are asked to complete forms filled with medical and legal terminology. While most patients understand these terms are important, few take the time to carefully read and fully understand their meaning.

Understanding the importance of the documents you sign is important. Every year, as many as 450,000 people die because of preventable medical errors. If you are ever injured during a medical procedure, the forms you signed and the medical-legal language they contain could significantly affect your rights.

At Robenalt Law, we help by educating the public and our clients about the prevalence of medical malpractice and why it is important to understand the importance of the documents you sign before a medical procedure. Here, we identify some of the key terms you may find in a patient intake form and explain what they mean and why they are important.

If you believe you were a victim of medical malpractice, we encourage you to contact us today to schedule a free, confidential, no-obligation appointment to discuss your situation with one of our medical malpractice lawyers. We can evaluate your situation, explain your options, and create a plan to help you move forward.

Common Medical Malpractice Terms You Should Know

From our work as medical malpractice lawyers, we know that medical and legal terminology can be complicated for people who are not lawyers or doctors. Here are some medical-legal terms you may see in a patient intake form and a brief explanation of what they mean.

• Duty of Care - The duty of care refers to a medical provider’s legal obligation to act with reasonable care to avoid causing foreseeable harm. A medical provider undertakes a duty of care when they agree to treat a patient.
• Standard of Care - The standard of care refers to the level of care a medical provider in the same field would provide under similar circumstances. Experts refer to the “standard of care” to determine whether the medical provider did what they were supposed to do under the circumstances.
• Informed Consent - Informed consent means a person agrees to a medical procedure after a doctor has discussed everything about it to the patient, including explaining the medical problem and the patient’s options, and the potential risks of the procedure vs. the risk of not doing it. When a patient gives “informed consent,” they are saying they understand the risks of the procedure and agree to go forward. A physician can be liable for medical malpractice if they did not obtain informed consent or if the patient is injured because of a risk that was not disclosed to them.
• Medical Malpractice - Medical malpractice, also known as medical negligence, occurs when a healthcare provider fails to provide treatment consistent with the standard of care. Medical malpractice can be committed by physicians, nurses, and other hospital staff members. To prove medical malpractice, the injured person must prove the following elements:
  • Duty - a doctor-patient relationship existed.
  • Breach - the medical provider violated the standard of care.
  • Causation - the doctor’s negligence caused harm to the patient.
  • Damages - the harm the patient suffered as a result of the malpractice.
• Statute of Limitations - State laws limit how long a person has to file a claim for medical malpractice. In Ohio, most claims for medical malpractice are subject to a one-year statute of limitations. This means an injured person must file a lawsuit within one year from the date the malpractice occurred. However, exceptions apply, and determining the statute of limitations can be complicated and is highly fact dependent.
• Burden of Proof - The burden of proof is the amount and type of evidence required to prove it is “more likely than not” that medical malpractice occurred. In medical malpractice cases, evidence often includes testimony from witnesses and experts, medical records, and bills for medical care and other expenses incurred because of the malpractice.
• Damages - Damages refer to the harm a patient suffered because of the medical malpractice. There are three types of damages.
  • Economic damages refer to financial losses caused by the medical malpractice, such as past and future medical and hospital bills, lost wages, and loss of earning capacity.
  • Non-Economic damages refer to other harm a person suffered because of medical malpractice, such as:
    • Pain and suffering
    • Disability
    • Disfigurement
    • Loss of enjoyment of life
    • Loss of consortium
    • Death
  • Punitive damages may be ordered in extreme circumstances to punish a defendant for particularly egregious conduct.
• Wrongful Death - Wrongful death occurs when a person dies because of someone else’s negligence or wrongful conduct. In Ohio, the family of a deceased person can file a claim for wrongful death seeking compensation for the death of their loved one. The wrongful death lawsuit is filed in the name of the estate of the person who died and seeks compensation for the benefit of the deceased person’s family, including their spouse, children, and parents. Claims for wrongful death are often accompanied by other claims for negligence and may also include a survivorship claim.

How Robenalt Law Can Help

Medical malpractice is among the top five leading causes of death in the United States. Every year, as many as 450,000 people die because of preventable medical errors, and hundreds of thousands more suffer serious injuries. The medical malpractice attorneys at Robenalt Law help people who were injured and the families of people who died because of medical negligence.

Led by founding attorney Tom Robenalt, our team of medical malpractice lawyers is committed to fighting for your rights and holding physicians, hospitals, and medical providers accountable when they cause harm. Based on our decades of experience, we understand how hospitals, medical providers, and insurance companies handle claims for medical malpractice. Let us use our expertise to help your family seek the justice you deserve.

Contact Robenalt Law Today

Call our Cleveland office at (216) 223-7535 or our Columbus office at (614) 695-3800 or contact us online to schedule a free, confidential, no-obligation appointment to discuss your situation and how we can help.