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:
- Hospital negligence
- Surgical errors
- Misdiagnosis cases
- Obstetric malpractice and cases involving birth injuries
- Injuries suffered during labor & delivery, such as cerebral palsy and Erb’s palsy
- Heart attack malpractice and cardiology cases
- Nursing errors
- ENT malpractice
- Miscommunication and hand off errors
- Cases involving misplaced lines and intubation errors
- Hospital equipment failures
- Prevention and treatment of stroke
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.