Cleveland Medical Malpractice Attorney

I have been a medical malpractice lawyer for the residents of Cleveland and throughout Ohio for more than 40 Years.  I’ve helped hundreds of injured victims and their families, but often encountered many patients who were told by health care professionals that their injuries were unavoidable.

THIS IS OFTEN UNTRUE!

Statistically, over 1.3 million people per year are injured by hospital malpractice, physician errors, or incidents leading to medical negligence claims.  The Journal of  the American Medical Association reports that approximately 225,000 wrongful deaths occur every year due to medical malpractice.

Most shocking about these numbers is that less than 10% of all medical malpractice claims are ever pursued.  Many victims of medical negligence and malpractice never bring a claim, and they never exercise the right to be compensated for their injuries.

Don’t be a silent victim.  Call me, and if I decide to take your case “I’ll Make Them Pay!®”

I have two goals in representing you and your family in a medical malpractice claim.

First, I will help you get the compensation you need for medical bills, lost wages, and pain and suffering.

Equally important, as a Cleveland medical malpractice lawyer I will hold the medical professional involved accountable for his or her actions.  Together, by pursuing a medical malpractice lawsuit, we can change policies and procedures so tragedies like the one you have experienced do not continue to happen over and over again.

What is Medical Malpractice?

Professionally, doctors and other health care providers are held to the highest standards of care in our society. Medical malpractice occurs when medical professionals don’t meet these standards.  Essentially, medical malpractice is defined as a health care provider’s breach of the duty of care he or she owes to the patient.

A medical malpractice case can be tough, and you want to have an experienced medical malpractice attorney helping you with your case.  

As an Ohio medical malpractice attorney, I’ve had success pursuing claims for two reasons. First, I have gained decades of knowledge from helping victims and their families. There is no substitute for experience. The second reason for my success is that I have tremendous financial resources that are dedicated to supporting my clients’ medical malpractice case.

Insurance companies for health care providers will try to outspend and outlast people bringing claims, hoping victims will lack the resources to continue fighting. They hope the patient will eventually give up on obtaining the compensation they deserve.

Unlike most Cleveland medical malpractice lawyers, I can match them dollar for dollar, and I have the lasting commitment to my clients to see their cases through to the end.

Types Of Medical Malpractice Cases

Here are five different types of malpractice cases:

Hospital Negligence: Hospital malpractice cases often target the entire facility or medical team, rather than an individual physician. Negligence can occur due to the procedures, policies, or actions of the hospital that contribute to harm or inadequate care.

Failure to Diagnose: This type of malpractice occurs when a healthcare provider fails to accurately diagnose a medical condition or provides a delayed diagnosis. Misdiagnosis or delayed diagnosis can lead to significant harm, as timely and accurate diagnosis is crucial for effective treatment.

Inadequate Treatment: When a healthcare provider fails to provide adequate treatment, it can be considered medical malpractice. This could include errors in medication, surgical mistakes, failure to follow proper medical protocols, or neglecting to provide necessary follow-up care. Medical malpractice lawyers keep doctors in check, making sure they are diligent in all aspects of their care.

Surgical Errors: Surgical malpractice involves mistakes made during surgical procedures. Examples of surgical errors may include operating on the wrong body part, leaving surgical instruments inside a patient, or performing an unnecessary surgery. Surgical errors can lead to severe complications, injuries, or even death.

Birth Injuries: Birth injury cases involve malpractice during the labor and delivery process. These cases can arise from errors made by healthcare providers that result in harm to the mother or the newborn baby. Problems typically occur when failing to properly monitor fetal distress, improper use of delivery instruments, or negligence during a cesarean section.

It’s important to note that medical malpractice cases can encompass a wide range of scenarios and circumstances, and these are just a few examples. Each case is unique, and the specifics will depend on the facts and circumstances surrounding the alleged malpractice.

There is the chance that you left the hospital with a new health problem. Or, maybe you were kept for an extended stay because you acquired an infection during your initial stay. Your medical malpractice injuries need to be compensated.. Call me today for your free consultation.

Medical Malpractice Statute of Limitations

There is a one-year statute of limitations for bringing a malpractice claim in Ohio.

The statute of limitations is the period prescribed by law in which someone has to bring a claim. In most personal injury claims, i.e. car accidents, slip and falls, and workers’ compensation claims, there is a two-year statute of limitations.

Medical malpractice claims are different.  You only have one year to bring a medical malpractice claim. Therefore, you need to call me right away to start the process.

The year you have to bring a medical malpractice claim begins from the date of the act of malpractice, or from the date a person reasonably knew that the malpractice occurred.

Clearly, this can get really confusing really quickly. The thing to keep in mind is simply that if you even suspect you or a loved one has been a victim of medical malpractice, you need to CALL ME immediately.

Don’t Be A Silent Victim

There can be several reasons why someone who has suffered from malpractice may be afraid to sue the doctor or hospital. Here are five potential reasons:

1. Burden of Proof: One reason someone might be afraid to sue for malpractice is the burden of proof involved. In order to succeed in a medical malpractice claim, you must prove that certain elements existed, such as demonstrating that a duty was owed by the healthcare provider or hospital. This burden of proof can be challenging, requiring substantial evidence and expert testimony to support the claim. I have a history of demonstrating the burden of proof, and I am here to help Ohioans who have suffered.

2. Fear of Retaliation: Some individuals may be afraid of potential retaliation from the healthcare provider or hospital if they pursue a malpractice lawsuit. This fear can arise due to concerns about receiving future medical care or potential damage to their reputation within the medical community.

3. Emotional Distress: The prospect of reliving the traumatic experience of medical malpractice through a legal process can be emotionally distressing for many individuals. The fear of facing the trauma again, along with the associated stress of litigation, can discourage some patients from pursuing legal action against the responsible party.

4. Lengthy and Complex Legal Process: Medical malpractice lawsuits often involve a lengthy and complex legal process. They can take months or even years to resolve, requiring extensive documentation, gathering evidence, and going through various stages of litigation. This protracted process can be intimidating and overwhelming for patients, further discouraging them from pursuing legal action.

Make sure you are not a silent victim. If you have suffered health issues because something went wrong with your medical treatment, it’s important to speak up. Medical providers need to be held accountable for their mistakes. As a community, we need to be confident our medical experts are diligent, and well trained. I want to keep the doctors in Cleveland at their best.

Process For Filing A Medical Malpractice Claim

Filing a medical malpractice claim typically involves several steps:

1. Contact the Healthcare Provider: The first step is to contact the doctor or medical professional involved in your care to discuss the situation and understand what may have gone wrong. This allows for open communication and gives the healthcare provider an opportunity to address the issue or provide a potential remedy.

2. Call me: It is advisable to consult with me, a highly experienced medical malpractice attorney who can assess the merits of your case. I can help determine if you have a valid claim, guide you through the legal process, and protect your rights. I will review your medical records, gather evidence, and advise you on the appropriate course of action.

3. Pre-litigation Procedures: Before filing a formal lawsuit, pre-litigation procedures may be required. This can include sending a notice of intent to sue, obtaining expert opinions, and engaging in settlement negotiations or mediation.

4. Drafting and Filing a Complaint: If pre-litigation procedures do not lead to a resolution, the next step is to draft and file a complaint in civil court. The complaint is a formal document that outlines the allegations against the defendant healthcare providers and/or hospital. It initiates the lawsuit and sets the stage for further legal proceedings.

5. Discovery and Evidence Gathering: Once the lawsuit is filed, both parties engage in the discovery process. This involves exchanging information, documents, and evidence related to the case. Depositions may be conducted, where witnesses provide sworn statements, and expert witnesses may be called upon to provide opinions or testimony. I will help you throughout the process, making sure you get all pertinent material to best make your case.

6. Settlement Negotiations or Trial: During the discovery phase, settlement negotiations may continue. If a fair settlement cannot be reached, the case proceeds to trial. At trial, both sides present their arguments, evidence, and witness testimony before a judge or jury. The decision is then rendered based on the presented evidence and applicable laws.

What to Expect From Me As Your Medical Malpractice Attorney

I am here to help you.  I am happy to meet with you at a time and place that is most convenient for you.

Over the many years, I have accommodated my clients’ busy schedules by meeting them in the evenings and on weekends at their homes, in the hospital, at their work place, at funeral homes, and even at cemeteries.

If I decide to take your case, I will give you my direct dial cell phone number, so you will have complete access to me 24/7.  I do this because critical communication about medical care does not fit neatly into a 9-5, Monday through Friday work schedule.

The legal process surrounding a medical malpractice claim can be confusing and emotionally wearing. Sometimes you can’t sleep at night or you think of a question you must know the answer to before you can rest. That is why open communication is key to any cases I handle.

Medical malpractice cases are some of the most complicated and sophisticated cases in all of law. Proving the elements of a claim becomes very expensive very quickly.

It is not uncommon to have in excess of $100,000 of expenses in a case. Expert witness testimony necessary to prove the breach of the duty of care owed, the causation, and the resulting damages are a major financial undertaking.

You must know that if I take your case, it will not cost you one red cent. My fee is on a contingency, which means it is a percentage based upon the total recovery. If there is no recovery, there is no fee, and you pay nothing. I also pay all of the costs associated with developing the claim.

If you or a loved one has been a victim of medical malpractice, call me ASAP!