Doctor Malpractice

“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

Doctor Malpractice

Medical Malpractice Attorney – Cleveland Ohio

Doctors work extremely hard to help patients and cure disease. Unfortunately, sometimes doctors make mistakes and fail to exercise reasonable care. The result can be a living nightmare for patients and their families.

As a Cleveland medical malpractice attorney, I have seen the devastating effects of doctors’ mistakes. If you or a loved one has been injured due an act of medical malpractice, I can help you. Call me today to discuss your case, free of charge. You will not incur a penny of out of pocket expense!

Examples of Physician Malpractice

Every physician malpractice claim is unique, but there are common examples of physician medical malpractice.


Doctors are often required to meet performance quotas set by hospital administrators, and are under tremendous pressure to treat many patients in a specific amount of time. Shortcutting the process to diagnosis illnesses and/or injuries without methodically and thoroughly examining the patient can be tragic. Misdiagnosis can also occur when the correct tests are not ordered or results are misread. As an experienced medical malpractice attorney, I know how hard a misdiagnosis can be on the patient and their family. A few examples of misdiagnosis are:

  1. Cancer misdiagnosis: Cancer is commonly misdiagnosed. This can lead to a delay in proper treatment and increases the possibility of the cancer spreading or becoming terminal. Examples include misdiagnosing a cancerous tumor as benign or failing to diagnose cancer when symptoms are present.

  2. Misdiagnosis of related conditions: A healthcare provider may fail to recognize a condition that is related to the primary diagnosis, resulting in late, or no treatment and thus harming the patient. For instance, a doctor may fail to recognize that a patient with a heart condition may also have an overactive thyroid , and may not provide appropriate treatment for both conditions.

  3. Misdiagnosing a serious condition as a less serious one: The urgency of treatment is very important, especially if the patient has a serious condition. A misdiagnosis like this can even lead to someone being sent home rather than treated immediately. For example, misdiagnosing a heart attack as indigestion could result in serious complications or even death. If you or a loved one experienced this, call me today and to discuss your medical malpractice case.

  4. Misdiagnosis of a rare condition: A healthcare provider may be unfamiliar with a rare condition and fail to diagnose it properly, resulting in harm to the patient. For example, a healthcare provider may diagnose the illness as the flu, but the patient actually has meningitis. Mistakes like this can cause serious harm and result in a medical malpractice case.

  5. Misdiagnosis due to laboratory errors: Laboratory errors, such as a mix-up in patient samples, can lead to a misdiagnosis, causing harm to the patient, and likely a medical malpractice lawsuit.

Surgical Errors

Any surgery is a complicated procedure that demands the highest degree of care for the patient.  Surgery malpractice from a slip of the hand or a moment of inattention can have devastating consequences. As a Cleveland medical malpractice lawyer for more than 40 years, I’ve helped injured patients recover damages from such errors as:

  1. Wrong-site surgery: When a surgeon operates on the wrong part on a patient’s body, not only does the person have to recover from the wrong surgery, but must undergo a second surgery to correct their initial health issue. Secondly, there is a delay in treating the patient’s need for surgery in the first place.

  2. Anesthesia errors: Administering too much or too little anesthesia can cause unnecessary harm to a patient during surgery, and may result in a malpractice claim. One of the primary concerns of giving too much anesthesia is respiratory depression, which can lead to a lack of oxygen in the body and to the brain. As a result, these errors can cause brain damage, heart attack, or stroke.

  3. Nerve injuries: Injuring a nerve during surgery can result in chronic pain, numbness, or paralysis. Nerve injuries may occur due to the use of surgical instruments or positioning of the patient during surgery. Medical professionals must be meticulous and careful when performing surgery.

  4. Leaving surgical instruments inside a patient’s body: Failure to remove a surgical instrument or sponge from a patient’s body after surgery is a careless and potentially costly mistake. Patients may experience increased pain and possible infection. Additionally, the patient will be subjected to a subsequent surgery to remove the foreign object. This would be a prime example of a medical malpractice lawsuit. As your Cleveland medical malpractice lawyer, I’ll find out exactly what happened and I’ll Make Them Pay!®

  5. Infections: Failure to follow proper sterilization procedures or to detect and treat post-operative infections can lead to bloodstream infections (sepsis), pneumonia, hepatitis B or hepatitis C.

In Cleveland, Oh, we are fortunate to have some of the finest hospitals in the world! This does not mean the doctors are impervious to making mistakes. I’ve represented hundreds of injured clients in medical malpractice lawsuits over my 40+ year career, and I’ll Make Them Pay!®

Birth Injuries

During birth, a mother places the health of her unborn baby, and he own health, in the hands of her doctor. That is a tremendous responsibility for any doctor. However, improper procedures, or a failure to act quickly when an issue arises during childbirth may result in a life-long debilitating injury to the infant and/or the mother. Medical malpractice cases have arisen due to:

  1. Brain damage: Brain damage can occur during childbirth due to oxygen deprivation or trauma to the head. This can result in conditions such as cerebral palsy or developmental delays.

  2. Erb’s palsy: Erb’s palsy is a condition that occurs when the nerves in a baby’s shoulder are damaged during delivery, resulting in weakness or paralysis in the arm. Erb’s palsy may be caused by excessive force or improper positioning during delivery. If your child has Erb’s palsy, call me to discuss your case, free of charge.

  3. Hypoxic-ischemic encephalopathy (HIE): HIE occurs when a baby’s brain does not receive enough oxygen and blood during delivery, and can result in brain damage, cerebral palsy, or developmental delays. HIE may be caused by negligence, such as failure to monitor fetal distress or failure to perform a timely C-section.

  4. Shoulder dystocia: Shoulder dystocia occurs when a baby’s shoulder becomes stuck during delivery, and may result in nerve damage, bone fractures, or brain damage. Shoulder dystocia may be caused by medical negligence, such as improper use of forceps or failure to perform a timely C-section.

  5. Stillbirth: A stillbirth is the death of a baby before or during delivery. This may be caused by negligence, such as failure to monitor fetal distress or failure to perform a timely C-section.

Birth injuries are devastating for the child and his/her parents. Never, ever believe a doctor or other medical professional when they tell you that your baby’s birth injury was unavoidable. Call me and I’ll uncover the facts, and I’ll Make Them Pay!®

Prescription Medication Errors

When a doctor prescribes medication to a patient, it should be the result of a thorough evaluation of the patient and their medical history. Any mistake in this critical process can result in injury or even death. Cleveland medical malpractice lawyers have filed suits for:

  1. Administering the wrong medication to a patient: This can occur when a pharmacist dispenses the wrong medication. Also, when a healthcare provider prescribes the wrong medication due to a misdiagnosis or a mix-up with patient records.

  2. Giving the wrong dosage of medication: When a healthcare provider prescribes the wrong dosage or when a pharmacist dispenses the wrong dosage. Administering too much or too little medication can cause serious harm to patients.

  3. Mislabeling the medication: The label on a medication bottle or packaging may be incorrect, leading to the wrong medication being dispensed or administered to the patient. Medical professionals must always be extremely careful when labeling medication.

  4. Prescribing the patient a medication that the patient is allergic to: If a healthcare provider fails to properly review the patient’s medical history, it can result in incorrect medical treatment. If the patient is allergic to the prescribed medication, it could leading to a dangerous allergic reaction.

  5. Improper dosage: Improper dosage can occur in several ways, such as under-dosing or overdosing. Under-dosing can lead to the medication being ineffective and thus harmful, while overdosing can lead to toxicity and serious harm.

  6. Improper prescription: A healthcare provider may prescribe medication that is contraindicated for the patient’s medical condition. Sometimes, the medication can adversely interact with other medications the patient is taking, leading to serious harm.

It is important for medical malpractice lawyers to uncover the cause of the prescription medication error. If you are in Cleveland, Oh, and have been injured due to incorrectly prescribed treatment, call me. I am here to help you.

Improper Follow Up Or Aftercare

Improper follow-up care can have serious consequences for patients and may lead to medical malpractice claims. Failure to provide adequate follow-up care can result in a delayed diagnosis or a condition that worsens. If the circumstances are not addressed, it can lead to additional or worsening symptoms, disease progression, and even death. Improper aftercare can also result in complications such as infections, or other issues that should have been avoided with proper care.

Inadequate or poor follow-up care may be especially serious in cases of cancer, where timely diagnosis and treatment are critical to the patient’s survival. Failure to provide proper follow-up care could delay diagnosis, prevent or delay treatment, and ultimately lead to a worsened prognosis.

Proving medical malpractice in the case of improper follow-up care requires establishing that the healthcare provider breached their duty of care. Failing to provide the appropriate level of care resulting in the patient suffering harm shows there was a breach of care. If you suspect you or a loved one has been a victim of medical malpractice resulting from improper follow-up care, you need to call me today. I know how scary and frustrating this can be, and I’ll get to work for you!

Premature Discharge

A premature hospital discharge is when a patient is released from the hospital before they are medically stable, or before they have received adequate treatment. Premature discharge may have negative consequences for a patient, including: worsening of symptoms or condition, infection, pain, and even death. A patient who is discharged too soon may not have had time to recover fully, or may not receive the necessary follow-up care and monitoring. This can lead to complications, and delay your recovery.

Medical teams make complicated decisions regarding patient discharge, and not all mistakes made in these decisions are considered negligent. I’ve been a Cleveland medical malpractice lawyers for over 40 years. I have the experience to help you prove a breach of duty occurred by the doctors for discharging you from the hospital before it was safe to do so.

Patients who feel they have been prematurely discharged and are at risk for harm should speak up and advocate for their health. Look for key symptoms, such as excessive bleeding, swelling, or pain. Report any concerning symptoms to the doctor or healthcare provider as soon as possible. If possible, document all of your actions. Then, call me and we’ll discuss your medical malpractice claim.

Seek Legal Action

I understand how hard it is to put your trust in medical experts, when a doctor provided negligent medical care. A misdiagnosis, surgical error, or birth injury can result in serious harm and the need for long-term medical care. In addition to physical pain, mental anguish can occur due to a life-altering error. You deserve to be properly compensated for your injury, and it is my job to see that you are.

If you or a loved one were harmed by an act of medical malpractice, you need to contact me today, and I’ll Make Them Pay!®


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.