Hospital Negligence – 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

Hospital Negligence – Malpractice

Cleveland Hospital Negligence Lawyer

When patients are admitted to the hospital, they are extraordinarily vulnerable.  They trust that the dozens of doctors, nurses, therapists, aids and technicians who treat them are highly qualified and of impeccable reputation.  Unfortunately, medical negligence claims and errors in care are all too common.

As an experienced medical malpractice attorney, I have seen the consequences of hospital and emergency room malpractice.

I have been a Cleveland medical malpractice lawyer for more than 40 years. If you or a loved one has been injured because of hospital or emergency room malpractice, I can help you.  Call me free of charge to discuss your case. If a hospital committed malpractice resulting in a death or injury, “I’ll Make Them Pay!®

Examples of Hospital Medical Malpractice


Delayed Treatment

Emergencies mean minutes matter, but often, hospital personnel are overworked and emergency rooms are understaffed.  A delay in treatment can be the difference between a full recovery and a lifetime disability.

In an emergency situation, there can be several reasons why treatment at a hospital may be delayed. Here are some factors identified in the provided web search results:

Transfer Time and Intensive Care Unit (ICU) Admission

The time taken to transfer critically ill patients from the Emergency Department to the Intensive Care Unit can be a significant factor affecting treatment delays. The process of admission to the ICU should be expedited to ensure timely access to intensive care treatment.

Emergency Department Overcrowding

The high number of emergency patients and inadequate resources, including staff and beds, can contribute to overcrowding in the Emergency Department. Overcrowding leads to longer waiting times, delays in assessment, and limited availability of treatment spaces, ultimately affecting prompt medical care.

Reluctance to Admit Emergency Patients

In some cases, there may be a reluctance on the part of hospital staff to admit emergency patients, possibly due to resource constraints or other factors. This reluctance can lead to delays in receiving necessary treatment. Medical malpractice cases are necessary when your medical provider does not treat your emergency like and emergency.

Insufficient Number of Emergency Patient Admissions

Inadequate capacity or limited availability of emergency patient admissions can result in delays in receiving treatment. If the hospital does not have enough beds or resources to accommodate all emergency cases promptly, it can lead to delays in providing necessary medical care.

Reasons For A Medical Malpractice Case

Complications can arise from delays in treatment for emergency conditions. Some potential complications include:

Worsening of the Patient’s Condition

Without timely intervention, a patient’s condition may deteriorate, leading to increased morbidity and mortality. Prompt treatment is crucial in preventing further harm or complications from the initial emergency condition.

Increased Risk of Adverse Outcomes

Delays in treatment can increase the risk of adverse outcomes for patients. Timely intervention is often essential for the best possible prognosis.

Medical Malpractice Lawsuits

Delays in treatment that result in patient harm or adverse outcomes can potentially lead to medical malpractice lawsuits. Cleveland medical malpractice lawyers look for delays caused by factors such as inadequate resources, negligence, or failure to provide timely treatment. Medical malpractice lawsuits aim to hold healthcare providers accountable for any harm caused by their actions or inactions.

Errors In Medication

Giving a patient the wrong medicine is every nurse’s worst nightmare, but hospitals can be a hectic place. Improper record-keeping and overworked personnel can result in patients receiving either the wrong medication or the wrong dosage of medication. Either of these could result in permanent damage to the patient.

There are various reasons why someone could be given the wrong medication at a hospital. Here are some factors that can contribute to medication errors:

Medication Administration Errors at Home

Outside of the hospital setting, patients and caregivers are at risk for making medication administration errors, including wrong dose, missing doses, and taking the wrong medication]. These errors can occur due to factors such as confusion, inadequate knowledge, or lack of proper medication management practices. It is very important your doctor goes over your medication in detail with you when prescribing.

Errors at the Ordering or Prescribing Stage

Medication errors are most commonly associated with errors made during the ordering or prescribing stage. Mistakes made by healthcare providers in writing the wrong medication, incorrect dosage, or frequency of administration account for a significant portion of medical malpractice injuries. In my history as an Ohio medical malpractice lawyer, I’ve seen several reasons for these mistakes. Factors include illegible handwriting, confusion between similar drug names, or incorrect documentation.

Possible Complications From Medication Errors


Adverse Drug Reactions

Taking the wrong medication can lead to adverse drug reactions, which occur when a person’s body reacts negatively to a specific medication. Adverse reactions can range from mild to severe and may include allergic reactions, organ damage, or other serious injury.

Worsening of the Underlying Medical Condition

The wrong medication may not effectively treat the patient’s underlying medical condition. As a result, the condition may worsen or progress, leading to potential complications, prolonged suffering, or delayed recovery.

Drug Interactions

If the medication interacts adversely with other medications the patient is taking, it can result in harmful drug interactions. These interactions can lead to unpredictable effects, including increased side effects or reduced efficacy of other medications.

Delayed or Missed Treatment

Taking the wrong medication can result in delayed or missed treatment, as the patient’s actual medical needs are not being addressed appropriately. This delay can negatively impact the patient’s health and recovery process.

Medical Malpractice Cases

Receiving the wrong medication at a hospital can potentially result in a medical malpractice lawsuit for several reasons:

Breach of Duty

Healthcare professionals have a duty to provide appropriate care, including accurate medication administration. Providing the wrong medication can be considered a breach of this duty, as it fails to meet the standard of care expected from medical professionals.


Administering the improper medication can be seen as a negligent act. Negligence is the failure to exercise reasonable care or follow established protocols, which can result in harm to the patient.

Adverse Consequences

If the patient suffers harm or experiences adverse effects as a result of receiving the medication. Medical malpractice victims may seek legal recourse to hold the healthcare provider accountable for the resulting damages and losses.

As a Cleveland medical malpractice attorney, it is important to note that each situation is different. Detailed timelines and medical records are paramount to the success of medical malpractice claims.


Inadequate cleaning or sterilization of medical equipment will cause infection or illness. Hospital-based infections, such as the deadly MRSA bacteria, are becoming more and more common. “Every year, nearly two million hospital-acquired infections claim roughly 100,000 lives.” (Scientific American)

Infections acquired at hospitals, also known as nosocomial or hospital-acquired infections, can occur due to various factors.

How someone can get an infection at a hospital:


Presence of Infections or Toxins

Nosocomial infections are contracted due to the existence of infections or toxins in specific locations, such as hospitals. Hospitals can have a higher concentration of infectious agents, including bacteria, viruses, and fungi, due to the presence of patients with various illnesses. Also, invasive procedures and compromised immune systems increase the chances that a medical error can cause further harm.

Routes of Transmission

Infections can spread in hospitals through various routes, including direct contact (touching contaminated surfaces or people), inhalation (breathing in infectious particles), splashes and sprays, exposure to contaminated water, and contact with body fluids. Healthcare settings provide opportunities for pathogens to be transmitted between patients, healthcare workers, and the environment.

Consequences of getting an infection at the hospital


Increased Illness Severity

Hospital-acquired infections can range from relatively minor infections with localized symptoms to more serious and systemic infections that can lead to extended hospital stays and severe illness. The severity of consequences depends on the type of infection, patient factors, and timely treatment.

Prolonged Hospitalization

Serious hospital-acquired infections may require additional medical interventions, prolonged treatment, and extended hospital stays. This can increase healthcare costs, disrupt the patient’s life, and potentially lead to further complications or delayed recovery. As a medical malpractice lawyer, I’m here to recoup payments for your unnecessary medical bills.

Increased Morbidity and Mortality

Infections acquired in hospitals can pose a greater risk to patients, particularly those with compromised immune systems or underlying medical conditions. These infections can lead to worsened health outcomes, increased morbidity (severity of illness), and, in severe cases, mortality.

Inadequate Training

Most doctors and medical professionals are highly-trained experts who work hard to save patients’ lives.  However, sometimes staff simply aren’t trained to handle certain situations or to use equipment they aren’t qualified to operate, resulting in patient injury, prolonged illness, or even death.

When hospital staff do not have adequate training, various issues can arise for the patient.

Examples of issues that can arise for the patient if hospital staff lacks adequate training:

Communication Problems

Effective communication between healthcare providers and patients is crucial for providing quality care and promoting positive outcomes. If hospital staff lacks training in communication skills, patients may experience difficulties in understanding their condition, treatment options, or instructions. This leads to confusion, misunderstandings, and potential medical errors.

Medical Errors and Complications

Insufficient training can contribute to medical errors, including incorrect medication administration, improper handling of medical equipment, and misinterpretation of test results. These errors can lead to complications, delayed diagnosis, worsened health outcomes, and increased patient harm. Inadequate training may also result in suboptimal infection control practices, putting patients at risk of healthcare-associated infections.

In my more than 40 years of experience as a Cleveland medical malpractice lawyer, I may be most frustrated by hospitals providing inadequate training. As a member of this community, I know the trust we give to our doctors, nurses, and other medical professionals. Learning that some our of world class hospitals have allowed poorly trained staff to work with patients is disconcerting, to say the least. If you’ve experienced additional harm because of this, you need to call me. I’ll Make Them Pay!®

Unnecessary Procedures

Sadly, even the highest-rated hospitals and surgeons sometimes succumb to greed, risking patients’ lives by subjecting them to unnecessary surgeries. Just recently, EMH Elyria Hospital in the Cleveland area settled with the Department of Justice, paying $4.4 million in fines based on allegations of unnecessary heart procedures.

There can be several reasons why a patient may receive an unnecessary procedure at a hospital. Here are some reasons that could contribute to a patient receiving an unnecessary procedure:

Miscommunication and Inadequate Handovers

Miscommunication during handovers between healthcare providers can result in incomplete or inaccurate transfer of information. This could potentially lead to the recommendation or performance of unnecessary procedures. Inadequate communication can hinder the proper assessment of a patient’s condition, leading to a misunderstanding of the necessary interventions.

Variation in Medical Practice

Variation in medical practice among healthcare professionals can contribute to the occurrence of unnecessary procedures. Different physicians may have different treatment preferences, biases, or interpretations of clinical guidelines. This can lead to inconsistencies in decision-making regarding the necessity of a particular procedure.

Defensive Medicine

In certain situations, healthcare providers may recommend or perform unnecessary procedures as a precautionary measure to protect themselves from potential legal repercussions. The fear of medical malpractice lawsuits or patient complaints can lead to the overuse of medical interventions, including unnecessary procedures, in an attempt to avoid adverse outcomes.

Financial Incentives

Financial considerations can influence healthcare decisions, and there have been instances where patients have received unnecessary procedures due to financial motivations. When healthcare providers are reimbursed for each service or procedure rendered, may inadvertently create incentives to perform unnecessary interventions.

Lack of Second Opinions or Shared Decision-Making

In some cases, patients may not seek or receive second opinions, or they may not be actively involved in the decision-making process regarding their care. Without multiple perspectives or patient engagement, there is a higher likelihood of unnecessary procedures being recommended or performed.

It’s important to note that unnecessary procedures can have significant consequences for patients, including potential risks, complications, financial burdens, and psychological stress. It’s crucial to consult with medical professionals and conduct a thorough evaluation to determine the specific factors contributing to the occurrence of unnecessary procedures.

Your Cleveland Medical Malpractice Lawyer

Call me immediately if you or a loved one has experienced hospital malpractice.  Ohio law limits the time you have to seek a claim and discover the truth. Contact my office and let me help you today.


Krystle Banks
Krystle Banks
14:32 20 Sep 23
Christine Filippelli
Christine Filippelli
01:55 18 May 23
DeAndre Merritt
DeAndre Merritt
06:58 23 Mar 23
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
Mike Mercer
Mike Mercer
00:16 17 Jan 20
WOW! It is the only way to describe the tremendous experience I was afforded, when I contacted and then retained Tim... Misny, to handle a case for me. I had been injured in an automobile accident and needed help and direction, Tim and his staff provided both.The personal attention and clarity of the matter and specifics, gave me a state of comfort and satisfaction that I could have found nowhere else! I will be forever grateful to have Tim Misny as my attorney and my friend!I am a businessman in the Greater Cleveland area and have directed various members of my staffs as well as personal friends to Tim for solutions to their personal injury case needs. All my referrals have been more than pleased with the service and personal treatment they have received from Tim and his staff.I strongly recommend Tim Misny and his associates should you ever need the finest legal services available in Ohio! Trust is his number one priority, trust in knowing that you will be his client second, his friend first!read 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.