Legally, there is a big distinction between an accident and a deliberate wrongful act, which is why it is important to know how to tell the two apart. If a health care provider fails you, it is important to know if they did so deliberately or if their neglect was an honest mistake. Malpractice and misconduct are examined differently under the law, though Ohio courts take both seriously.
What are the key differences?
Medical malpractice occurs when a health care professional fails to provide their patients with adequate care, causing them harm, distress or financial losses due to their negligence. In Ohio, you generally have one year from the date of the incident to file a medical malpractice lawsuit. Some of the most common examples of medical malpractice include:
- Failing to diagnose serious conditions, potentially leading to late treatment
- Operating on the wrong body part or on the wrong patient
- Prescribing the wrong medicine or dosage
- Being ignorant of a patient’s allergies or medical history
On the other hand, medical misconduct refers to when your medical provider breaches professional standards and acts without your best interests in mind. This refers to deliberate wrongdoings that take advantage of the people under a medical professional’s care. Examples of medical misconduct include:
- Performing unnecessary procedures or prescribing too much medicine for personal gain
- Committing health care fraud
- Sexually exploiting or abusing their patients
- Failing to disclose the risks and alternatives of certain procedures
Both medical malpractice and misconduct are similar in how they are related to a medical provider being negligent in their duty to a patient. However, what distinguishes the two is the intent behind a person’s actions.
Seeking compensation for medical malpractice
Medical malpractice is not considered a crime in Ohio, but you can file lawsuits against medical providers who fail their duty to you. This is often done to receive compensation for a health care professional’s negligence, especially if their errors injure you or make existing health conditions worse due to misdiagnoses or medication errors.