Cleveland Medical Malpractice Attorney

“I have been there so many times before and NOW I will be there for YOU and your family.”
- Tim Misny - The man that “Makes Them Pay!®”

“Please understand that the slogan, I’ll Make Them Pay!® is not a guarantee of payment. Both liability and real damages must be proven with preponderance of the evidence.” – Tim Misny

Cleveland Medical Malpractice Attorney

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.


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!


Jake Ferri
Jake Ferri
23:46 01 Aug 22
I have no case and no one that I need Tim Misney to make pay, just wanted to say the best part of my day is getting to... drive by his billboards. His People's Eyebrow is immaculate and the new billboard with him on the motorcycle is downright bitchin'. Thank you Tim Misney for significantly improving the quality of my more
Jennifer Malainy
Jennifer Malainy
22:44 19 Jul 22
My favorite lawyer. Truly one of the kindest, smartest, and most genuine humans I have ever met. There is only one TIM... MISNY and he will make them pay!! God more
01:16 16 Feb 22
I spoke to Amy and Christine about a possible personal injury case involving my father and they were both helpful,... professional, knowledgeable and responsive. Although they could not help us with our case, I would highly recommend them!read more
Stephen Burks
Stephen Burks
20:12 21 Jan 22
It really comes down to what people say and do when they don't think anyone that matters is listening or they'll get... anything in return.There's the Tim Misny you see on the billboards and on TV, but there's another Tim Misny that I know up close and personal.The Tim Misny I know is genuinely passionate about helping the hard working little folks who get pushed around the big folks. He actually, really honestly cares about people who run into bad luck at no fault of their own. Tim has quietly, out of the sight of cameras and with no fanfare shared generously with the marginalized in our society; single moms, Veterans and others without expecting anything in return.He calls them like he sees them and you wouldn't want to take your troubles to anyone more
mark colucci
mark colucci
14:33 06 Dec 21
Mr. Misny is an angel here on earth and the BEST attorney in Ohio. He has helped my daughter who is in law school when... she needed the guidance most. He is a class act, a great family man, and extremely caring. If you need a lawyer in this field I would HIGHLY recommend. There is no other lawyer, in my opinion, better than Tim Misny.Thank you Tim for being a light in this community!read more
Damon Mitchell Sr .1st. (The Old-Man !!! Pop's !!!)
Damon Mitchell Sr .1st. (The Old-Man !!! Pop's !!!)
02:43 27 Nov 21
Advice on Law question? Also Advise to do more research for Different types of Situations that’s Criminal and Civil... Pursuits!City, State and Above State Level Situation .Pro Se !read more
Gianna Colucci
Gianna Colucci
12:56 04 Nov 21
Mr. Misny is the best! I am a 27-year-old single mother, and I am finishing law school in May at Cleveland-Marshall... College of Law. When I found myself jobless during the height of the pandemic, I knew I needed help. Going into the legal profession, I wanted to be JUST LIKE Mr. Misny because I knew he was the most successful attorney in the industry. I called him up one day just for the hell of it to see if there was anyway he could help me. I never thought such a big name/reputation like him would respond to me. However, when he learned of my financial situation he PERSONALLY called my cell phone within 5 minutes of my email. Not only has he helped me secure employment, but he continues to teach me every single day what it takes to be the BEST lawyer in the legal profession. I am forever thankful for Mr. Misny. He changed my life. He continues to inspire me every single day, and I am so proud that he took me under his wing and is my mentor. He is the most intelligent, kindest, caring attorney I have ever met, and he is giving me the tools I need to be the most successful lawyer I can be o give my four-year-old son, Gregory, the life he deserves. THANK YOU MR. TIM MISNY. I owe my entire future legal career to you because if you didn't take the time out of your busy day to call me that day and help me when no one else would, I would not have been able to stay in law school. You change lives every single day. Keep being you Tim. There is no one like Tim more
Brandon Hagerdon
Brandon Hagerdon
20:53 18 May 21
I met Tim 6 years ago when he was working with my mother. Since then we were able to stay in touch and build a... relationship. I reached out to Tim recently about an opportunity and he was able to connect the dots and help me with this. During this process he gave me his direct number to contact him if need be. If you are in need of any sort of help, I would recommend Tim every more
Jimmie Graham
Jimmie Graham
19:26 30 Mar 21
Tim is hands down the best lawyer in town. He was able to guide me through the legal process and keep me informed at... all stages. Which allowed me to not stress and focus on life. He was able to get me the best deal possible in my court case. One thing that blew me away is that he gave me his direct cell number and answered anytime I had a question which is rare with most lawyers. 100% Misny is the guy! There's a reason he's on literally every billboard in more
Paul McFadden
Paul McFadden
13:29 20 Jan 21
My relationship with Tim goes back over 30 years and is one of great trust and mutual respect. Tim represented me at a... critical point in my life and I will always be indebted to him for the difference he made. He is always just a phone call more
Rick Miller
Rick Miller
18:55 21 Dec 20
If I could reach into the sky just to pull more than 5 stars down for a rating I would! I have used other lawyers in... the past and it was such a pain to reach them when I needed them. Tim is in all honesty there for you. He gave me his personal phone number, and at anytime or any day he answered. If I had to leave a message I could count to 10 and he would already be calling me back. He also was willing to talk on the weekends! He didn’t just forward me to an impersonal automated system or a person with no experience. I will NEVER use another person for legal advice. He’s gracious enough to give me guidance whenever I have a question. No matter how complex. This may sound like an advertisement but I assure you this man was more in touch when I had an issue than my own family. A reasonable and caring family man who will MAKE THEM PAY!Thank you Timread more
PJ Camargo/Authentik Movement Training
PJ Camargo/Authentik Movement Training
01:51 22 Oct 20
I've had the pleasure of getting to know Tim personally over the past 2 years. Beyond him being an incredible lawyer &... 'Jack of all trades ' he is an amazing friend. One thing I love most is that he is family oriented & always making quality time for his loved ones. He inspires me to be a great role model &father figure one day. Tim loves nature & shares the true beauty of nature with how he raises his kids. From biking through trails & having his kids learn how to nurture the family garden - he teaches valuable lessons on how to appreciate the world we live in. I know that Tim is just a phone call away & always urgent to responding no matter the situation. He has given me some of the greatest advice & continously throwing positive energy my way! I'm honored to know him & be a friend of his. He is the true practioneer of changing lives & paying it forward. He has taught me so much in just a short amount of time. Tim Misny, a man that wakes up every single day to make a difference!read more
Scott Plate
Scott Plate
16:49 10 Oct 20
Tim has created a highly visible and effective law practice, and despite his decades of experience, he has never once... forgotten why he got into this business in the first place: to help people. He puts his whole heart into his work, and he works hard for everyone he represents. He has a gift for tuning out the noise and tuning into the core of what his clients need, and making it clear he has heard them. As a result, we feel empowered. He is smart, resourceful, creative, positive, and solution-oriented. His abundant energy makes people feel better, stronger, and valued. He loves and promotes his community; he gives back generously, and he always leaves everything better than he found it. Tim is a true man of action, and a man of his word. Could not recommend him more more
Mike M
Mike M
04:44 09 Oct 20
As a young man, I worked at a local garden center. I came from a family that had too many problems to list. I felt I... was never destined to be anything good. I had always wanted to be a police officer since I was a little boy. But, one side of my family told me that I would never be good enough to do it. Anytime I brought it up, they knocked me down until I started to believe that I could never accomplish my dream. One day, about 20 years ago, while working at that garden center, a very tall man came in and asked me to help him select plants. As we walked around the garden center, he struck up a conversation with me. He was very friendly and kind. I was a skinny teenager in dirty blue jeans and a t shirt. This man was dressed very nicely and I was surprised at how nice he was to me. During our conversation, he asked me what I wanted to do with my life after school. I told him that I wanted to be a police officer but many people told me that I’d never make it. I told him how my very own father said I wasn’t smart enough, brave enough, and I was wasting my time. I remember looking at the ground while I explained this to him. The man stopped and got serious. His voice dropped an octave and he looked me dead in the eyes. He pointed his finger at me and told me that I could make anything of my life that I wanted. He told me that it was up to ME to make my life goals come true. He told me to ignore anybody who tells me otherwise. He assured me that if I studied hard in school and never gave up on my dreams that they would become a reality. He told me to say it. I said “I can do it”. In that moment, I thought that if a complete stranger saw something in me, than maybe it could be true.After I helped him through the checkout and he left, many different employees at the garden center asked me if I knew who that man was. I did not. They told me, “That’s Tim Misny!” Once I figured out “who” Tim Misny was, my confidence grew. It was a pivotal moment. One in which steered the rest of my life. His words stuck with me. I worked hard and obtained my Associate’s Degree in Criminal Justice. I was hired by a local Law Enforcement Agency at the age of 21. I was sent to the Ohio State Highway Patrol Academy, which was an extremely tough place to be, to say the least. At the Academy, they try to break those who don’t have a determined spirit. On days I wanted to quit, I remembered Tim’s words. Maybe it was fate, maybe it was random chance.... I’ll never know But, Tim Misny helped me have the confidence and determination that was necessary to be where I’m at today. I’ve been a law enforcement officer for over 16 years. I’ve told this story to many of my coworkers.Tim, you’ll never understand how your words that spring day helped shape my future. Your words enabled me to provide a great life for myself and my family. I’m forever grateful.Mikeread more
Eric Evans
Eric Evans
21:02 04 Oct 20
Tim has represented me twice, once 30 years ago and again just recently. I was too young to fully appreciate his... expertise when he represented me the first time (as i was a minor who was the victim of an accident - he won for us, incidentally), but I'm old enough and wise enough now to really appreciate how truly great he is. First off, how many attorney's actually give you their cell phone number and actually answer? I would contend very, very few. Secondly, he has a street fighter mentality combined with a sharp legal intellect which makes you immediately think "I'm so glad this guy is on my side." I was really in a bind recently and Tim came through in spades - he is THE person I would call if I were in trouble or needed help - at a minimum he would know who I should talk to and direct me there (he knows his own limits, which is the key to a wise person) - at a maximum he would take on my fight himself and I'd have full confidence in his ability to deliver the best possible outcome for me - he fights for you like you're family - can't say it better than more
Benjamin Firstenberg
Benjamin Firstenberg
19:32 28 Sep 20
I worked as an intern for Tim the summer of 2017 and it was an unbelievable experience both for my career and personal... development. He treats his employees with a level of respect, appreciation and honesty that I've truly not seen anywhere else that I've worked. We've stayed in touch these past few years and I'm still learning from Tim, whether it be the way he sees the world, his career advice or his commitment to his family. He's an honest man who treats people more
David Shelton
David Shelton
01:13 30 Jun 20
I don't know much about Tim the lawyer, but I do know about Tim the man. Tim the man befriended me as a youth and gave... me the motivation to excel in school. Tim the man wrote the letter that got me into college and got me a helpful scholarship. Tim the man gave me an internship while in college. Tim the man has been a friend to me for over ten years. He makes himself available day or night whether I need advice or just want to talk about the day. There a lot of stigmas about attorneys (and they are earned) but Tim Misny bucks the stereotype. And if Tim the lawyer is half a good as Tim the man, he will live up to his word, and make them more
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The Law Offices of Tim Misny

Cleveland Office
3100 E. 45th St.
Suite 444
Cleveland OH 44127
Mailing Address:
Interstate Square I
4230 Chillicothe Rd. Ste 200
Willoughby, Ohio 44094

Disclaimer: All lawsuits are different and the Law Offices of Tim Misny make no representation or promise that it can obtain the same results in other legal matters. Nothing in this webpage constitutes a guarantee, warranty, or prediction regarding the outcome of any future legal matter.