Medical Malpractice

Ohio Medical Negligence Lawyers

We can help you if you have questions about your medical care. The medical malpractice lawyers of Mishkind Kulwicki Law Co., L.P.A. hold doctors and other health care providers responsible for harm that they cause. When a doctor or nurse makes a mistake, the patient pays the price. Our legal team is committed to helping victims of medical negligence and hospital errors recover full and fair compensation. Let us help and serve you with our reputation and results.

See what our clients are saying about us, and contact us today to schedule a free initial consultation!

Cleveland Medical Malpractice Attorneys

Howard Mishkind and David Kulwicki, with a combined 60+ years of courtroom experience, have tried over 100 jury trials and have recovered over $200 Million in verdicts and settlements on behalf of our deserving clients. We have experience with the following types of medical negligence cases:

• Cases Involving Misplaced Lines and Intubation Errors
• ENT Malpractice
• Heart Attack Malpractice and Cardiology Cases
• Hospital Equipment Failures
• Hospital Negligence
• Injuries Suffered During Labor & Delivery – Cerebral Palsy & Erb’s Palsy
• Miscommunication and Hand Off Errors
• Misdiagnosis Cases
• Nursing Errors
• Obstetric Malpractice and Cases Involving Birth Injuries
• Prevention and Treatment of Stroke
• Surgical Errors
• & More

What Time Limits Apply?

The rules for calculating the statute of limitations – a deadline that applies for filing a lawsuit – vary from State to State. Under Ohio law, a person injured by an act of medical negligence has one year from the date of injury in which to file a lawsuit. This is a general rule that is subject to a number of exceptions. For instance, the one year period does not begin until you terminate the patient-physician relation. Further, the one year does not begin until you discover sufficient facts to put you on notice that you suffered injury from a negligent act. Other exceptions apply in cases involving children and incompetent persons. In addition, you can extend the one year period by 180 days by serving a properly prepared “180 day” letter on each potential defendant before the one year period expires. When an act of medical negligence results in death, you have two years from the date of death in which to file a wrongful death lawsuit. On top of these rules, Ohio enacted a statute of repose which places an absolute limit of 4 years on certain types of cases. Due to these complexities, it is best to consult an experienced Ohio medical malpractice lawyer as soon as you believe that you or a loved one has suffered harm from an act of medical negligence in order to preserve your legal rights. Failure to comply with the applicable statute of limitations results in a permanent bar to recovery for injuries caused by the act of medical negligence.

How Can I Afford A Lawyer and an Expensive Medical Malpractice Lawsuit?

We recognize that the vast majority of people cannot afford to hire a lawyer and pay case expenses on a medical negligence case. Case expenses alone can range from $25,000 to $250,000, depending on the circumstances. So, we handle these cases on the basis of a contingent fee arrangement. This means that we will represent you without charge. If we recover compensation for you, our fee will be paid out of the recovered funds on the basis of agreed percentage consistent with industry standards and we will be reimbursed for the case expenses advanced. If there is no recovery, then there is no fee and you will not be responsible for the case expenses that we have paid. This way, clients can afford to take on powerful medical and insurance interests with the assistance of experienced attorneys.

How Long Does A Medical Malpractice Lawsuit Take?

Medical malpractice cases typically take 1 to 2 years to resolve, either through trial or settlement. There are occasions where a case may take longer than 2 years. One of our pressing goals is to shorten that time as best we can in order to obtain your compensation as quickly as possible. When you first hire us to be your lawyer, we begin the process by securing medical authorizations that permit us to obtain key medical records. The process begins with a thorough record review by our nursing team. Once the records are reviewed, we will obtain an opinion from one or more qualified medical experts on the merits of the claim. If the expert convinces us that the case is meritorious, we will obtain an affidavit of merit from the expert and immediately file suit. Once a lawsuit is filed, Ohio courts will set a trial date typically 1 to 2 years from the date of filing, depending on the court. That trial date is important, since cases will typically settle within the few months leading up to the trial date. If the case cannot be settled, then the matter will be resolved at trial. We try to shorten these built-in time frames as best as we can by promptly obtaining records, promptly obtaining expert opinions and promptly filing suit on meritorious cases. We also prepare diligently for trial in order to avoid unnecessary continuances.

Does Your Firm Practice Throughout The State of Ohio?

We are licensed to practice law throughout Ohio, and do so routinely. Though we are Cleveland medical malpractice attorneys, we have handled cases in 34 of Ohio’s 88 counties, and in all of Ohio’s major cities. Because we focus on catastrophic cases, where there are severe injuries or death, we will travel to where we are needed in the State of Ohio.

Will My Future Loss of Income and Medical Expenses Be Taken Into Account?

One area where the medical malpractice lawyers at Mishkind Kulwicki Law Co., L.P.A. excel is in calculating and proving the full breadth of damages suffered by our clients. In medical negligence cases, the damages include past and future medical expenses, past and future loss of wage and benefits, life care costs in addition to medical expenses, as well as general damages such as pain and suffering, loss of enjoyment of life, reduced life expectancy and loss of usual activities. In proving economic losses, we often utilize the experience and expertise of a variety of experts, including vocational rehabilitation experts, life care planners, economists, physiatrists, neurologists, financial experts and private case managers. We have the resources needed to prove each and every aspect of a devastating injury.

We care about you and your family, and we will work tirelessly for you to get justice. Mishkind Kulwicki Law Co., L.P.A. is a client-centered, results-oriented medical malpractice law firm with a long record of success in medical malpractice claims, and a long list of satisfied clients. Put our knowledge of medicine and the law to work for you. We will review your case for free and assess whether you have an actionable claim for damages.

Contact Our Ohio Professional Negligence Lawyers to Get Your Questions Answered

Medical negligence is a complex and demanding area of law. If you were injured by a doctor’s error, it is important to discuss your circumstances with an Ohio medical negligence attorney who has successfully represented clients in similar medical malpractice claims. Chances are, we have handled a similar case and are therefore uniquely qualified to get your questions answered.

However, you should know that every case and every client is unique. Trust your case to the medical-legal team of Mishkind Kulwicki Law Co., L.P.A. Co. L.P.A. to evaluate your facts and to be there for you. To learn how we can be of assistance, please contact us by e-mail, call 216-595-1900 or toll free 866-558-0231 to arrange a free initial consultation and case evaluation.

Ohio Medical Negligence FAQs

If you’ve suffered due to a healthcare provider’s mistake, you may be searching for legal answers, and our Ohio medical negligence lawyer is here to help you. Medical negligence can lead to serious harm, and it’s important to understand your rights and options. With over 80 years of combined experience and over $300 million recovered for our clients, you can trust us to assist you with your case. Contact Mishkind Kulwicki Law Co., L.P.A. today to schedule a consultation.

What Types Of Medical Negligence Cases Can An Attorney Help Me With?

We assist clients with a wide range of medical negligence claims. These include surgical mistakes, medication errors, delayed diagnoses, misdiagnoses, birth injuries, anesthesia problems, and failures to monitor or treat a condition. Whether your harm happened in a hospital, doctor’s office, or nursing facility, we assess the situation to determine if it meets the legal standard for negligence.

What Is The Legal Process For A Medical Negligence Case?

The legal process usually begins with gathering medical records and obtaining a review from a qualified medical professional. In Ohio, an affidavit of merit is required to file a lawsuit, meaning a licensed provider must support your claim. After that, the case moves into the litigation stage-this includes discovery, depositions, and potentially going to trial. Many cases are resolved through settlement, but we prepare every case as if it may go to court. To further understand the potential process for your specific case, contact our Ohio medical negligence lawyer today.

What Compensation Can I Recover After Medical Negligence?

In a medical negligence case, you may be able to recover compensation for medical bills, lost income, and other direct expenses. You can also seek damages for pain, suffering, and the impact the injury has had on your daily life. Ohio has damage caps on non-economic losses, but every case is different. Our experienced Ohio medical negligence lawyer can evaluate what types of compensation may apply to your situation.

How Do I Prove Medical Negligence?

To prove negligence, we must show that the healthcare provider owed you a duty of care, that they breached that duty, and that the breach caused your injury. This often involves testimony from medical professionals who explain what the standard of care should have been. We handle this process by working with independent professionals and specialists who understand the specific issues involved in your treatment.

Can I Sue For A Birth Injury?

Yes, birth injury claims are a form of medical negligence. These cases often involve injuries to the baby or mother due to errors during pregnancy, labor, or delivery. Common issues include failure to monitor fetal distress, improper use of delivery tools, or delays in performing a C-section. If your child was harmed during birth, we can review the facts and help determine if a claim should be filed.

Our attorneys are focused on helping people who have been harmed by medical mistakes. We’re here to answer your questions and help you move forward. Contact Mishkind Kulwicki Law Co, L.P.A., today to schedule a consultation.