Medical Malpractice Guide

“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

Medical Malpractice Guide

Medical Malpractice Guide

Think back to a minute ago. What were you thinking about? Was your stomach grumbling, so were you thinking about what you were going to make for lunch? Or did you stifle a yawn because you’ve been up since dawn and thinking about how nice it’ll be to crawl between the sheets and grab some sleep. Perhaps your dog was chasing its tail, and you were chuckling to yourself in amusement at its silly antics.

But here’s the thing: I bet you weren’t thinking about your health.

Honestly, most people don’t spend much time thinking about their health. A cough or a sniffle can come and go without more than a cursory “gesundheit!” before you move on. But when you suddenly sustain a serious injury or illness, your health may be all that you can think about. When these moments arise, you turn to your doctor.

Many people put their doctors on a pedestal, seeing them as infinite founts of medical knowledge. However, it could be a very dangerous and costly mistake to blindly trust your doctor. We all make mistakes; that’s what makes us human. When you make a mistake, though, it may mean you forgot to set the chicken out for dinner, or you forgot to put your laundry in the dryer and now you have wet socks.

When your doctor makes an error in judgement, lives can be suddenly and permanently changed. People can die or serious health complications can arise. Disfiguring injuries can occur. There simply isn’t much wiggle room for a doctor to make a medical mistake.

When your doctor makes a mistake, it’s called “medical malpractice” and the repercussions can be devastating. Medical malpractice occurs when a doctor has let you down by not fulfilling their responsibilities. This may be due to an oversight or a malicious act, but it most always leads to the harm of innocent people like yourself.

Some of the most common types of medical malpractice cases are:

  • Misdiagnosis: This is when the doctor fails to catch a problem, or catches it, but incorrectly identifies it, then they are guilty of misdiagnosis.

  • Prescription drug errors: This occurs when they harm you by prescribing either the wrong medicine or the wrong dose, or fail to recognize dangerous interactions between medicines.

  • Surgical errors: If your doctor performs surgery on the wrong area, or they leave tools inside you after your procedure, then they have committed a surgical error.

  • Birth injury: This can happen to either the baby or the mother and includes problems like preeclampsia, cerebral palsy, and even death.

If you suspect that you or someone you love is a victim of medical malpractice, the first thing you need to do is call me right away for your free case review.

Understanding The Elements Of A Medical Malpractice Claim

Familiarize yourself with the four elements typically required to establish a medical malpractice claim: duty of care, breach of duty, causation, and damages. These elements form the basis for demonstrating that the healthcare provider failed to meet the expected standard of care, which resulted in harm or injury.

Duty of care

Medical duty of care is the legal and ethical obligation healthcare professionals have to provide a standard of care expected within their field. It encompasses the responsibility to act in the best interests of patients, ensuring their safety, well-being, and appropriate treatment. This duty extends to all levels and professions within the healthcare system. Breach of the duty of care can lead to medical malpractice lawsuits.

Breach of duty

Medical breach of duty is failure of a healthcare professional to meet the expected standard of care owed to a patient. It occurs when there is a deviation from the recognized medical practices or medical negligence. Also, failure to provide appropriate treatment, resulting in harm or injury to the patient. To establish a breach of duty, medical malpractice law requires that evidence must be presented to demonstrate that the healthcare professional’s actions fell below the acceptable standard of care.


Causation in a medical malpractice case refers to the link between the healthcare provider’s negligence and the harm suffered by the patient. To prove causation, it is necessary to establish that the injury or loss would not have occurred if the healthcare provider had met the expected standard of care.


Damages can include both economic damages, such as medical expenses and lost wages, as well as non-economic damages, such as pain and suffering. If your hospital stay was extended and your bill was higher as a result as a result of a medical error, you have the right to obtain compensation through a medical malpractice suit.

Gather Medical Records

Collect all relevant records related to your case, including medical history, test results, treatment plans, prescriptions, and any other relevant documentation. These records will help establish the timeline of events and provide evidence of any medical negligence or mistakes.

Consult With Medical Experts

Medical malpractice cases often require expert testimony to establish the standard of care. This must show that the healthcare provider’s actions deviated from that standard. It is crucial to consult with medical experts who can evaluate your case and provide an opinion on whether there was a breach of duty and causation.

Document Damages

Compile documentation of the damages you have suffered that are considered medical malpractice. This may include medical bills, receipts for out-of-pocket expenses, and records of lost wages or diminished earning capacity. The evidence of the physical, emotional, or financial impact caused by the health care professionals helps strengthen medical malpractice claims.

Adhere To The Statute Of Limitations

In Ohio, there is a one-year statute of limitations and it is important to understand and adhere to the applicable time limit. Failure to file within the prescribed time frame may result in the loss of your right to sue the medical provider.

Break Up With Your Doctor

When planning to file a medical malpractice lawsuit against a doctor, it is important to consider the following reasons why breaking up with your doctor may be necessary:

Conflict of Interest

Continuing with the same doctor while taking medical malpractice action can create a conflict of interest. The doctor may prioritize their defense in the lawsuit over providing unbiased medical care, potentially compromising your well-being.

Independent Evaluation

It is crucial to seek a second opinion from another healthcare provider to evaluate your condition, treatment, and potential medical malpractice liability. An independent evaluation can provide a fresh perspective and serve as valuable evidence in your lawsuit.

Preservation of Medical Records

Leaving the doctor’s office ensures that you have access to your complete medical records, which are vital for building your case. Obtaining copies of your records, including test results, treatment plans, and any relevant correspondence, is essential before severing ties with the doctor.

What To Take From The Doctor’s Office

When leaving the office for the last time, it is important to ensure you have the following information:

Contact Information

Take note of your doctor’s full name, office address, phone number, and email address. This information will be necessary for communication during the legal process.

Documentation of Previous Interactions

Gather any relevant documentation, such as previous medical records, test results, appointment summaries, and written correspondence with the doctor. These documents can help support your medical negligence claims and provide a comprehensive medical history.

Details of Treatment and Complaints

Make a record of your treatment history, including dates, procedures, medications prescribed, and any complaints or concerns you raised during appointments. These details will be essential when discussing your case with a new health care professional or attorney.

Get A New Doctor

When filing a medical malpractice suits against your old doctor, it is important to get a new doctor for several reasons:

Objective Evaluation

A new doctor can provide an objective evaluation of your condition, treatment, and any potential medical malpractice. They can offer an unbiased opinion and assist in determining the extent of the harm caused by the previous doctor’s medical errors.

Continuing Care

Transitioning to a new doctor ensures that you receive ongoing health management and treatment while pursuing your medical malpractice claim. This new doctor can help manage your condition, provide necessary medical interventions, and monitor your progress throughout the legal process.

Expert Witness

When medical malpractice occurs, a different doctor can serve as an expert witness in your medical malpractice claim. They can testify regarding the standard of care, how the previous doctor’s actions deviated from that standard, and the resulting harm or injury you experienced. Their expert opinion can significantly strengthen your case.

How Your New Doctor Can Help With Your Case

Your new doctor can support your medical malpractice claim in the following ways:

Medical Documentation

Your new doctor can thoroughly document your condition, treatment, and any subsequent complications or adverse effects. Their medical records will serve as valuable evidence in your claim, establishing a clear timeline of events and how the medical negligence impacted your health.

Expert Opinion

As mentioned earlier, your new doctor can provide an expert opinion on the standard of care and how the previous doctor’s actions deviated from it. This opinion can help establish the element of negligence in your claim.

Referrals to Specialists

If necessary, your new doctor can refer you to other specialists who can provide additional evaluations or treatment. These specialists can contribute their expertise and opinions to further strengthen your claim.

Do Not Let Fear Keep You From A Medical Malpractice Claim

Don’t let fear of challenging the medical system hold you back. I don’t care if your doctor was a small-town practitioner or they worked in the largest hospital in the city. I take on Big Cases with Big Results. I’ve served the greater Northeast Ohio area for more than 40 years and now I’m ready to represent you. When you choose me as your medical malpractice lawyer, I will work to prove the following:

  • You were under the care of your doctor.

  • Your doctor was negligent.

  • You were harmed because of this.

  • The harm negatively impacted your life.

Call Me To Discuss Your Medical Malpractice Lawsuit

I am a highly experienced medical malpractice attorney, and I’m available to talk to you day or night. It is devastating when the doctor you trusted made mistakes that left you with new pain and unnecessary medical bills. I am here to help you!

I’ll Make Them Pay!®

After a medical malpractice injury, your life is a constant onslaught of stress, pain, recovery, and medical bills. To make it even worse, you may not even be able to work anymore due to this. I know that this is a hard time for you, which is why I’m going to represent you without charging you a single dime. Instead, I’ll work on a contingency basis, which means that I don’t get paid unless you do. And please do not worry about how you’re going to pencil in a consultation with me when you’re so busy. I’ll come to you, on your time, whether it’s at the hospital or in your home.

I’ll also give you my personal cell phone number so you can call me with any questions or concerns you may have. You can reach out to me 24/7 and yes, I will answer. If you’ve been hurt by medical professional — whether it was a doctor, a nurse, or even a pharmacist — I’ll get you the financial compensation you deserve for your pain and suffering, and I’ll Make Them Pay!®

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


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.