$2.1 MILLION MEDICAL MALPRACTICE SETTLEMENT

ASK TIM A QUESTION
NO COST TO YOU!

“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

$2.1 MILLION MEDICAL MALPRACTICE SETTLEMENT

A 62-year-old gentleman, with a long history of diabetes, presented himself to an emergency room complaining of an infection in his foot. The wound was not managed properly resulting in the amputation of his leg above the knee.

General Medical Malpractice Information

Examples Of Emergency Room Negligence And Wrongdoing

The emergency room can be a chaotic place. Patients arrive who have been injured after a car accident, or suffering from a pulmonary embolism, or severe brain injury. As such, emergency room doctors and staff may be rushed to diagnose their patients. Medical records may be overlooked, labs may not be taken, proper imaging may not be performed, or was incorrectly read. These examples of wrongdoing in the ER by one or more healthcare providers may constitute medical negligence which may results in malpractice lawsuits. Here are ten examples of emergency room negligence that may result in malpractice lawsuits:

Misdiagnosis

ER doctors may fail to correctly diagnose a patient’s condition, leading to delayed treatment or mismanagement of the patient’s care. If the doctors misdiagnose a patient with a serious illness or injury, the outcome could be deadly.

Failure to diagnose

A doctor may fail to diagnose a serious condition altogether, leading to delayed treatment or a potentially fatal outcome.

Delayed treatment

An emergency department doctor may fail to provide timely treatment. The patient’s condition may worsen or become life-threatening.

Medication errors

A medical malpractice case could be brought if the doctor made an error in prescribing or administering medication. This may lead to harm or even the wrongful death of a patient.

Surgical errors

Surgeons do make mistakes during emergency surgeries or procedures. This occurs more frequently than you know. As a result of the surgical mistake patients may be severely harmed or in extreme cases, can lead to the death of the patient.

Failure to order tests or failure to order the correct tests

The emergency department may fail to order necessary tests, leading to delayed diagnosis or treatment. In other cases, ER physicians may order the wrong test, thus delaying the diagnosis or misdiagnosing the patient. This delay may cause a worsening of symptoms resulting in more treatment and possibly invasive procedures that may not have been required had the correct tests been performed. In some cases, the failure to order tests or order the correct tests in a timely manner can be fatal.

Lack of communication

Doctors may fail to communicate effectively with other medical professionals involved in the patient’s care. A patient’s primary ER doctor may have important information that is not relayed to the ER staff such as allergies, current medication contraindications, treatment of an exiting illness unrelated to the ER visit, and more. Poor communication can lead to serious mistakes and issues that should never have occurred had the information been properly communicated.

Inadequate staffing

When emergency rooms are understaffed, it may result in inadequate care, poor pain management, delayed treatment, and mistakes. It is inexcusable for hospitals to be understaffed. As a medical malpractice lawyer, I fight to hold hospitals accountable.

Inadequate training

Doctors or staff who are inadequately trained may make mistakes. This is inexcusable, and the mismanagement of a patient’s care may lead to medical malpractice claims.

Failure to follow up

Emergency room doctors and staff may fail to follow up with patients after they have been discharged. Proper follow up is essential to ensure continuity of care with their primary doctor.

Ohio Statute Of Limitations

In Ohio, the statute of limitations for medical malpractice cases is generally one year from the date of the injury or discovery of the injury, whichever comes first. This means that a medical malpractice lawsuit must be filed within one year of the injury or discovery of the injury, or the right to file a lawsuit may be lost. If you believe medical negligence caused your injury, pain, suffering , or loss of income, give me a call today and I’ll Make Them Pay!®

Possible Exceptions To The Statute Of Limitations In Ohio

There are some exceptions to the one-year statute of limitations. For example, if the injured party is a minor, the statute of limitations may be extended until the minor turns 18 years old. Additionally, if the medical professional engaged in fraud, concealment, or misrepresentation that prevented the injured party from discovering the injury, the statute of limitations may be extended.

Formula For Calculating A Medical Malpractice Settlement

There is no set formula for calculating a medical malpractice settlement, as each case is unique. The settlement amount will depend on a variety of factors. However, there are several factors that may be considered when determining the a medical malpractice settlement, including:

The severity of the injury

The more severe the injury, the higher the potential settlement amount. If you suffered brain damage or neurological damage, maximum compensation may be different than if you suffered complications resulting from surgery on your leg.

The cost of medical treatment

The cost of past and future medical treatment related to the injury will be considered in determining the settlement amount. If you suffered permanent brain damage because of the doctor’s negligence, you will likely need life-long medical care. This care should be properly compensated.

Lost income and earning potential

The amount of lost income and potential lost earning capacity will be considered in determining the settlement amount. The longer you spend in the hospital, the more work you will miss, the less your will earn. This should be properly compensated.

Pain and suffering

The physical pain, emotional distress, and psychological suffering caused from the injury will be considered in determining the settlement amount.

The degree of fault

If the medical professional was highly negligent or reckless, the potential settlement amount may be higher. Physicians must operate and treat patients with the utmost care. Being reckless when patient’s lives are at stake is inexcusable.

The strength of the evidence

The strength of the evidence supporting the malpractice claim will be considered in determining the settlement amount.

Doctor’s Approval Of A Medical Malpractice Settlement

In some states, including Ohio, a medical malpractice settlement must be approved by a judge. But, it may also require approval by the doctor or healthcare provider involved in the case.

In Ohio, before a medical malpractice settlement can be finalized, the doctor must be given the opportunity to review and approve the terms of the settlement. This is because the healthcare provider’s insurance company may be responsible for paying a portion of the settlement amount. The provider has the right to approve or reject the terms of the settlement.

The approval is typically required to ensure that the settlement is fair and reasonable, and to ensure that the reputation of the hospital is not unfairly damaged by the settlement. They may also require certain provisions in the settlement, such as confidentiality clauses or language that releases the provider from future liability.

It is important to note that even if the settlement is not approved, the injured party may still be able to pursue legal action and potentially recover damages through a lawsuit.

Overall, the approval process for a medical malpractice settlement can be complex.

Medical malpractice compensation is critically important for the injured patient. It’s important to compensate for past medical expenses and missed work. It is also important to properly compensate for future medical expenses, and for complications that may prohibit them from working. for a lengthy period of time But, it’s not only for the benefit of the injured patient. It’s important that healthcare systems always hire highly trained physicians, nurses and any other personnel that have direct contact with patients. If you or a loved one was injured in an emergency room, call me as soon as possible to discuss your claim, and I’ll Make Them Pay!®

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
More reviews
js_loader

ASK TIM A QUESTION
NO COST TO YOU!

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.