Failure to Monitor Lawyer Cleveland, OH 

Failure-to-Monitor-Lawyer-Cleveland-OH-lawyer-and-client-in-meeting.jpegA failure to monitor lawyer Cleveland OH families trust understands how devastating medical negligence can be for a patient and their family. Medical malpractice can happen in a number of ways, including surgical errors, misdiagnoses, and other medical errors. One of the most common types of malpractice we handle at Mishkind Kulwicki Law Co., L.P.A. are failure to monitor cases. Failure to monitor by a medical professional can happen in a number of ways:

  • Failure of a doctor to monitor a patient after during or after administrating treatments to make sure there are no adverse effects or issues from the treatment.
  • Failure of surgical staff to monitor the patient’s heart rate, oxygen levels, and other vital signs to ensure no complications occur during surgery.
  • Failure of an anesthesiologist to monitor the patient’s vital signs for issues or any type of adverse reaction once the anesthesia has been administered.
  • Failure of medical staff to monitor both the mother and baby while the mother is in labor, including watching fetal heartbeat monitors carefully for any signs the baby is in distress.
  • Failure of a hospital, nursing home, or other medical facility staff to monitor a patient while that patient is in that facility’s care.

Elements of Medical Malpractice

If a patient is injured because of a medical professional’s failure to monitor, that patient may be able to pursue a medical malpractice lawsuit against those parties responsible. A Cleveland failure to monitor lawyer can evaluate your case and determine what the best legal course of action is.

In order to meet the standard of a medical malpractice lawsuit, the following four elements must be present:

Patient-Provider Relationship

The first element that needs to be established is that the patient hired the medical provider to provide care and the patient accepted that care.

Breached Standard of Care

The second element that must exist is that the provider breached the standard of care the patient should have been able to expect.

Injury Due to Negligence

Violating a standard of care is not enough to prove malpractice. An injury or some type of medical condition must have resulted from the negligence of the provider. The patient must prove that the injury would not have occurred otherwise.


Even if the above three elements exist, the patient must have suffered some type of damages in order to meet the fourth element. These damages can include both economic and non-economic damages, including

  • Medical bills
  • Lost wages
  • Pain and suffering
  • Emotional anguish
  • Permanent disability

If the patient dies due to the harm, their family may be able to pursue a wrongful death malpractice lawsuit.  

Call Our Office Today

If you believe you or a loved one was a victim of medical malpractice, it is important to contact a Cleveland failure to monitor lawyer that specializes in it. These lawsuits can be complex, so victims should not try to pursue them on their own. Contact Mishkind Kulwicki Law Co., L.P.A. to schedule a confidential consultation and find out how we can help.