Medical neglect falls under tort law, a body of rights and obligations that protects people from harm by others. That harm may be intentional or unintentional.
To establish a viable claim for neglect, the plaintiff must prove that the physician or medical facility:
- was legally obligated to care for the person who suffered the injury, disability, or disfigurement; and
- did not fulfill that obligation.
Types of Neglect
The most common form is inadequately monitoring a patient. This may include nurses failing to take vital signs or not taking them often enough.
- turning off or ignoring monitor alarms;
- neglecting to check a patient’s status before performing surgery or another procedure; and
- failing to watch for signs of infection, bleeding, and other post-surgery complications.
How Do I File a Medical Malpractice Claim for Neglect?
Attorney Chris Mellino welcomes you to call our Cleveland office with any questions you may have about an injury, a potential claim, or Ohio’s statute of limitations.
You will need to gather evidence, such as admittance papers, to help prove the physician or healthcare facility was responsible for providing you with care.
Proving that your doctor failed to treat you as he should have or that the hospital or clinic failed to do everything it should have is more difficult, but medical malpractice attorneys have expert witnesses they can consult.
The third step is to prove that neglect caused injury, disability, disfigurement, or death.