Delay Tactics: Why You Need an Attorney for Your Medical Malpractice Claim
As noted in a 2016 headline case against the Cleveland Clinic, attorney delay tactics can be incredibly detrimental to a medical malpractice claim. Delays can count against the window for filing a claim and can cost injured victims a fortune in terms of financial compensation and justice.
A United States Air Force Colonel sought treatment at the Cleveland Clinic for prostate cancer. The recommendation to remove the cancerous gland, but the subsequent botched surgery left him unemployed, incontinent and impotent. The Cleveland Clinic claims no responsibility, and the victim may be barred from ever pursuing his case. Why you may ask? His attempt to file in 2010, 2 years after the surgery, was met with resistance from Clinic attorneys and expensive delay and deny tactics ultimately led his initial case to be dropped.
Delay Tactics and Unnecessary Expenses
When going against a massive power house like the Cleveland Clinic, it is essential to have an experienced medical malpractice attorney in your corner. Delay tactics, record restrictions, expensive discovery hurdles and other obstructions can quickly sink a case. I have seen it happen time and again. In this specific example, the victim was advised not to pursue the case by his own attorneys! A grave injustice for this proud serviceman and his family.
Expensive delays can also have much larger and more serious implications – In the state of Ohio, a patient has 1 year from when a patients discovers the injury and at most 4 years from the date the action caused the injury file a medical malpractice claim. If you file and withdraw a claim, or fail to file altogether, the clock is ticking and your justice and financial compensation is at risk.
Changing the Rules
This case also highlights the secrecy in the medical community when it comes to injuries and lawsuits. Not only is the Cleveland Clinic accused of negligently causing this victim’s injuries – but a host of other violations have also come to light.
- Physician lying about being present during the surgery
- Failing to follow appropriate protocol for initial complaint
- Withholding information from an inspector
- Failing to have proper consent forms
- Falsely billing the government
This is the perfect example as to why a medical malpractice claim and subsequent ruling is not only for fair and just compensation, but also necessary to change the way our medical system lies, hides and defies the standard rules and regulations.
If you or a loved one have been the victim of medical malpractice, call me immediately. As your Ohio medical malpractice attorney, I’ll be there for you, and I’ll Make Them Pay!®
Author: Tim Misny | For over four decades, personal injury lawyer Tim Misny has represented the injured victim in in birth injury, medical malpractice, and catastrophic injury/wrongful death cases, serving “Cleveland, Akron/Canton, Columbus, Dayton and neighboring communities.” You can reach Tim by email at misnylaw.com/ask-tim-a-question/ or call at 877.944.4373