Medical Malpractice Lawsuit

“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 Lawsuit

Medical Malpractice Lawsuit

 

Medical Malpractice Lawyer

Doctors and medical professionals have a standard of care they are professionally required to follow. Sometimes they fail to do this resulting in a medical malpractice lawsuit.

Medical malpractice lawsuits are most often the result of negligence or misdiagnosis resulting in improper medical treatment. Unfortunately, this may cause further damage to the patient’s medical condition, and regrettably may even lead to the patient’s death.

I have been a Cleveland medical malpractice lawyer for more than 40 years. If you have been injured because of negligence or a medical error, call me today, and I’ll Make Them Pay!®

The most common medical malpractice cases are related, but not limited, to:

 

Hospital Negligence Claims

Hospital negligence is the failure of a healthcare facility or its staff to meet the expected standard of care, resulting in harm or injury to a patient. Negligence can lead to medical malpractice cases when patients believe their injuries were caused by the hospital or its staff. Forms of hospital negligence that can occur, along with their potential negative outcomes include:

  1. Misdiagnosis or Delayed Diagnosis: When a hospital fails to correctly diagnose a patient’s condition or delays the diagnosis, it can lead to delayed or inappropriate treatment. This may result in the progression of the patient’s illness, worsening of symptoms, or even death.

  2. Surgical Errors: Surgical negligence occurs when mistakes are made during surgical procedures. Examples include wrong-site surgery, improper anesthesia administration, leaving surgical instruments inside the patient, or performing unnecessary surgeries. These errors can cause severe complications, infections, organ damage, or even death. These errors also lead to medical malpractice claims.

  3. Medication Errors: Hospital negligence can involve mistakes such as prescribing the wrong medication, incorrect dosage, or administering medication to the wrong patient. These faults can lead to adverse drug reactions, allergic reactions, organ damage, or other harmful effects. Medical malpractice lawyers, like myself, hold hospitals accountable for their inaccuracies.

  4. Infections and Hospital-Acquired Conditions: Hospitals have a responsibility to maintain a clean and safe environment to prevent infections and other hospital-acquired conditions. Failure to properly disinfect equipment, rooms, and personnel may result in healthcare-associated infections, such as surgical site infections or infections from contaminated medical equipment. These can prolong hospital stays, lead to additional treatment, and even cause life-threatening complications. All of these problems are not only harmful to the patient, but can be very expensive.

  5. Failure to Provide Adequate Supervision or Staffing: When hospitals fail to provide sufficient staff or supervision, it can lead to inadequate monitoring of patients, delays in emergency response, or insufficient care. This can result in patient deterioration, complications, or preventable injuries.

We trust our doctors with our lives, and have the reasonable expectation that they will make us healthier. In Cleveland, we have some of the best hospitals and doctors in the world, but, even they are not impervious to medical negligence. As an experienced medical malpractice attorney, I’ve seen the unfortunate outcomes when procedures go awry. The injuries patients endure is horrible, and medical bills can be astronomical. If you feel you have a medical malpractice case, you need to call me, and I’ll Make Them Pay!®

Cancer

An incorrect diagnosis for cancer can lead to a medical malpractice lawsuit. It would need to be demonstrated that a timely and accurate diagnosis would have resulted in a substantially better outcome for the patient. Some types of cancer may have a low survival rate regardless of the timing of diagnosis. Others, particularly those caught in the early stages before metastasis, have a higher chance of successful treatment if diagnosed promptly.

Here are other reasons for a medical malpractice claim focused around cancer:

  1. Delayed Diagnosis: This occurs when there is a significant delay in diagnosing cancer, which can lead to progression of the disease and potentially reduce treatment options or worsen the prognosis. The delay may be due to the failure of healthcare professionals to recognize or investigate suspicious symptoms, order appropriate tests, or interpret test results accurately.

  2. Misdiagnosis: Cancer misdiagnosis happens when a patient is diagnosed with cancer when they do not have the disease. Or, it is possible to be diagnosed with the wrong type or stage of cancer. This can lead to unnecessary and potentially harmful treatment. It’s possible to cause unnecessary emotional distress for the patient and their families.

  3. Negligent Screening: Medical malpractice cases can arise from failures in cancer screening, such as inadequate or incorrect screening procedures. Also, misinterpretation of screening results, or failure to recommend appropriate screening based on the patient’s medical history can occur.

Regarding statistics for misdiagnosis and mistreatment of cancer in the United States, it’s important to note that specific numbers may vary over time. However, some studies and reports have provided insights into these issues:

  1. Misdiagnosis: According to a study published in 2019, missed cancer diagnoses accounted for approximately 46% of primary care diagnostic errors. The most commonly missed cancers were lung, colorectal, prostate, and breast cancers. The majority of diagnostic errors (76%) were attributed to errors in clinical judgment, such as failure or delay in ordering diagnostic tests or obtaining consultations or referrals.

  2. Mistreatment: The statistics on mistreatment of cancer are more complex, as it can involve various factors such as treatment errors, complications, or inadequate follow-up care. It is known that medical errors and mistreatment can occur in cancer care, emphasizing the importance of proper treatment planning, accurate administration of therapies, and appropriate monitoring of patients throughout their cancer journey.

Surgery Malpractice Claims

Surgical malpractice happens when a surgeon or other healthcare professionals involved in surgery fail to provide the accepted standard of care, resulting in harm or injury to the patient. These surgical errors are often preventable and can be considered negligent. Here are various types of surgical malpractice and their associated consequences:

  1. Injuring Nerves or Organs: During surgery, a surgeon may inadvertently injure nerves, organs, or blood vessels. These errors can lead to severe complications, such as paralysis, loss of function, internal bleeding, organ damage, or even death. In some cases, patients may require additional surgeries to repair the damage caused. The extra surgeries and increased recovery time are costly.

  2. Anesthesia Errors: Anesthesia plays a critical role in surgeries, and errors in administering anesthesia can have serious consequences. Administering too much or too little anesthesia or failure to monitor the patient’s vital signs during surgery shows negligence. Delayed response to anesthesia-related complications can result in brain damage, cardiac arrest, respiratory distress, or even death.

  3. Wrong-Site Surgery: Wrong-site surgery occurs when the surgeon operates on the wrong part of the body or performs the wrong procedure altogether. This type of surgical malpractice can lead to unnecessary surgeries, prolonged recovery, complications, and physical or psychological harm to the patient. It can also undermine patient trust in the healthcare system.

  4. Retained Surgical Instruments: Leaving surgical instruments, such as sponges or surgical tools, inside a patient’s body after surgery is a grave error. These retained objects can cause infections, internal injuries, pain, and require additional surgical procedures to remove them. Such incidents can result in physical and emotional distress for the patient and may require extended hospital stays and treatment.

  5. Lack of Informed Consent: Informed consent is a crucial aspect of pre-operative care. Failing to adequately inform the patient of the risks, benefits, and alternatives of a surgical procedure (except in critical emergencies) can form the basis for a medical malpractice lawsuit. Patients have the right to be fully informed to make educated decisions about their treatment options.

I know, surgery can be worrisome, even before taking into account the chances of something going wrong. We should be confident in our medical provider. I am here in case something does go wrong. If you’ve suffered harm because of the negligence of a doctor, call me today, and I’ll Make Them Pay!®

Anesthesia Errors

Types of anesthesia errors and the problems associated with each:

  1. Tooth Damage: Anesthesia-related tooth damage can occur due to improper intubation or positioning of the patient’s head during surgery. This can result in chipped or broken teeth, nerve damage, or damage to the jaw.

  2. Death: Although very rare, anesthesia-related deaths can occur due to various factors, such as medication errors, adverse drug reactions, or allergic reactions. Complications during anesthesia administration and improper caring procedures can also result in a medical malpractice lawsuit.

  3. Cerebral Palsy: Administering anesthesia to mothers during labor carries certain risks. Anesthesia errors during labor can lead to cerebral palsy in the child. It is important to ensure proper monitoring and appropriate administration of anesthesia during labor and delivery to minimize such risks.

  4. Spinal Cord Injury: Anesthesia errors, particularly those related to epidural or spinal anesthesia, can potentially result in spinal cord injuries. These injuries can lead to partial or complete paralysis, loss of sensation, or other long-term neurological complications.

  5. Intubation Injuries: Intubation is the process of inserting a breathing tube to maintain a patient’s airway during surgery. Errors during intubation, such as esophageal intubation, can cause injuries to the airway, resulting in respiratory distress, lack of oxygen, or aspiration pneumonia.

It is important to note that specific statistics regarding anesthesia errors in the United States can vary over time. However, a study examining closed malpractice claims reported that the most frequent anesthesia-related injuries were tooth damage (20.8% of claims) and death (18.3% of claims). It is advisable to refer to reliable sources such as medical malpractice insurance providers, healthcare quality organizations, or governmental bodies that collect and analyze data related to medical errors and malpractice claims.

Pharmaceutical Practice and Bad Drugs

Poor pharmaceutical practices and the use of bad drugs can lead to medical malpractice lawsuits. Here are some examples illustrating how these factors can contribute to such lawsuits:

  1. Medication errors: Medication errors are a common consequence of poor pharmaceutical practices and can lead to harmful outcomes for patients. Mistakes in prescribing, dispensing, administering, or monitoring medications can result in adverse effects or even death. Such errors can include prescribing the wrong medication, administering the incorrect dosage, or failing to consider potential drug interactions. These errors can form the basis for medical malpractice cases as they demonstrate negligence on the part of healthcare providers.

  2. Drug shortages: Drug shortages can occur due to various reasons such as manufacturing issues, regulatory problems, or supply chain disruptions. When essential medications are unavailable, patients may not receive the appropriate treatment, leading to worsened health outcomes. If a patient suffers harm or adverse effects due to the unavailability of necessary medications, it can give rise to a medical malpractice lawsuit. Healthcare providers have a duty to provide appropriate care, and the inability to obtain essential drugs can be seen as a breach of that duty.

  3. Drug interactions: Drug interactions occur when two or more medications interact in ways that can reduce their efficacy or increase adverse effects. Poor pharmaceutical practices can involve inadequate screening for potential drug interactions or failing to educate patients about potential risks. If a patient experiences harm or adverse reactions due to a drug interaction that could have been prevented with proper pharmaceutical practices, it may be grounds for a medical malpractice lawsuit. Healthcare professionals have a responsibility to be aware of potential drug interactions and take appropriate measures to minimize risks.

Call me anytime – Allow me to be your Cleveland medical malpractice attorney

Every medical malpractice case is unique, and the specific circumstances surrounding your injury will determine viability for a medical malpractice lawsuit. If you believe you have been a victim of medical malpractice, you need to call me for a free consultation. With more than 40 years of experience, I’ll find out exactly what happened, and I’ll Make Them Pay!®

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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 life.read 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 Bless.read more
C M V
C M V
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 else.read 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 Misny.read 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 time.read 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 Cleveland.read 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 away.read 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 highly.read 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 that.read 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 honorably.read 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 pay.read 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.