Factors in PVS Claim Involving Brain Damage from Medical Malpractice

If brain damage from medical malpractice leads to a patient falling into a persistent vegetative state (PVS), it could present grounds to file a medical malpractice claim. A claim could compensate the victim and the family for medical bills incurred, wages lost, pain and suffering, and many other types of damages that an Ohio brain injury lawyer will help explore.  

Whether a medical malpractice claim is a viable option in a case involving brain damage from medical malpractice depends on a number of factors, including: 

  • the nature of the malpractice;
  • the severity of the injury before and after the malpractice;
  • the permanency of the injury before and after the malpractice; and
  • the type of further medical care and treatment the malpractice will require.

In order to prove a malpractice claim, victims and their Ohio brain injury lawyers will need to prove: 

  • The patient suffered actual injury or death – Medical records can attest to this fact.
  • The doctor or hospital involved in the patient’s care made an error or was negligent – Often, this can be proven with the help of an expert medical witness. The witness will detail standard of care for the patient’s treatment or condition and, if the doctor deviated from that, it could prove negligence or improper care.
  • There is a direct link between the injury and the negligence or error –  This may also be shown through medical records and testimony.

Anyone who is considering a malpractice claim should discuss his or her case with an attorney as soon as possible.

Get Help from Ohio Brain Injury Lawyer for PVS Medical Malpractice Claim 

In Ohio, defendants of malpractice claims must be notified within one year of the incident if a suit is going to be filed, and then the suit must be filed with 180 days of the notice. Family members whose loved one has entered a persistent vegetative state because of medical malpractice or negligence should call 440-333-3800 to speak to an attorney at Mellino Robenalt LLC to discuss his or her case of brain damage from medical malpractice.