Medical Malpractice Lawyer Cleveland, OH
A medical malpractice lawyer Cleveland, OH relies on knows that many victims of medical malpractice don’t actually realize a medical error caused their injury until significant time has passed. This is why it is not uncommon for a medical malpractice case to be filed well after the actual incident that initially caused the mistake or error. That being said, sometimes, malpractice is immediately apparent or suspected. If you believe you or a loved one has been injured at the hands of a medical professional, please call a medical malpractice lawyer in Cleveland, Ohio today from Mishkind Kulwicki Law Co., L.P.A.
Types of Medical Malpractice in Ohio
Pursuing a medical malpractice claim can be challenging as there will be several elements to prove. As a Cleveland, Ohio medical malpractice lawyer, we know of a broad range of mistakes that can happen in the medical profession. When facing medical insurance companies and large medical corporations, it is prudent you seek solid defense from Mishkind Kulwicki Law Co., L.P.A.
Types of Medical Malpractice
Delayed Diagnosis or Misdiagnosis – If the wrong tests are ordered, or tests are misinterpreted, a patient may be treated improperly. Through misdiagnosis or delayed diagnosis, the medical condition may worsen. In some cases, a wrong diagnosis cannot be reversed and could result in premature, avoidable death. A typical example is cancer. Many forms of cancer can be cured; however, they must be treated on time. If cancer is not diagnosed or misdiagnosed as something else, it can spread.
Medication Error – When a medication is prescribed, the prescription is sent to a pharmacist who gives it to the patient, or another healthcare provider. There are many ways in which an error can be made. For example, the wrong medication may be ordered, incorrect instructions could be printed on the label, the dosage is wrong, or the doctor fails to acknowledge a patient’s allergy to the mediation. If you were injured because of a medication error, call a medical malpractice lawyer in Cleveland, Ohio.
Surgical Error – All surgeries carry an inherent risk of harm, and in some cases, death. There are strict standards of care that must be implemented to minimize any associated risk. When these standards are not met, a mistake can occur. Examples of errors include operating on the wrong part or leaving a foreign object in the body.
Defective Equipment – There are many types of medical equipment, such as a pain medication pump or an oxygen tank. Sometimes these devices are defective and can cause extreme pain and injuries. Our team is currently accepting defective medical device cases.
Birth Injuries – The birth of a child should be joyous. However, dangerous situations can arise for both the mother and child. If a condition is not diagnosed during pregnancy or fails to recognize a potential problem during the delivery, the mother or child could be harmed or lose their life. Examples of a birth injury that could be a result of malpractice include Erb’s Palsy, shoulder dystocia, asphyxiation of the umbilical cord, HELLP syndrome, and more. Let a medical malpractice lawyer Cleveland, OH, trusts review your case to help you know your options. Call Mishkind Kulwicki Law Co., L.P.A.
Medical Malpractice Fatigue
You have probably heard a lot about truck driver fatigue, one of the leading causes of truck accidents. Truck driver fatigue is often caused by the long hours that truck drivers are required to work. However, extreme fatigue can affect many professions because of the demands of their jobs. One of the most prevalent is medical professional fatigue. This issue is also a dangerous one and can result in incidents of medical malpractice here in Ohio and across the country.
At Mishkind Kulwicki Law Co., L.P.A., each Cleveland, OH medical malpractice lawyer has extensive experience in handling malpractice cases. If you or a loved one has been a victim of malpractice, call our office to find out how we can help.
Medical Professional Fatigue
Understandably, anyone who works in the medical field can find it physically demanding and emotionally demanding. After all, people in the medical industry are dealing every day with life or death situations. This can have a heavy emotional toll on doctors, nurses, and others. Also, these professionals often work long hours. All of this can result in a burn out situation. As a Cleveland medical malpractice lawyer can explain, a doctor or other medical professional suffering from burnout is more liable to make a dangerous medical mistake.
Burnout is defined as job stress resulting in anxiety, depression, emotional exhaustion, and physical exhaustion. A study conducted by the Mayo Clinic surveyed almost 7,000 doctors on topics that included workplace safety, medical errors, fatigue, depression, burnout symptoms, and thoughts of suicide. According to the study, more than half of the doctors who participated said they were suffering from burnout symptoms. One-third shared that they were dealing with high fatigue.
The conclusions of the study are alarming. Medical errors occur at double the rate for doctors who are dealing with burnout and almost twice the rate for doctors dealing with high fatigue. At least 10 percent of those doctors surveyed admitted to making at least one medical error within the three months prior to the survey.
The research team concluded that medical errors were correlated with the level of burnout the doctors were dealing with. Researchers also felt that there is also a cyclical connection to medical errors and burnout rates. Medical errors can cause a medical professional to become burnt out, but the more burnt out a medical professional is, the more at risk they are of committing medical errors.
We Can Help
If you or a family member has been a victim of malpractice, you need an aggressive medical malpractice lawyer Cleveland, Ohio clients recommend by your side, fighting to get you the compensation you deserve. Call Mishkind Kulwicki Law Co., L.P.A., to schedule a free and confidential case evaluation to find out how we can get you the financial compensation you deserve.
Managing Your Malpractice Case with a Lawyer
Referring to the legal services of a medical malpractice lawyer Cleveland, OH accident victims can rely on may be the best source for taking action. You might be able to receive several types of damages as a result of the medical injury that you have sustained. At Mishkind Kulwicki Law., L.P.A., we can support you in gathering evidence, valuing your claim, and ensuring that you can pursue your case before the statute of limitations expires.
Types of Damages
In personal injury law, damages are the losses you have incurred from the injuries that were suffered by the victim. Damages are a form of compensation paid to the victim for the losses they are facing. While nothing can turn back the clock to the way things were before, damages are an attempt to help someone feel whole again. Compensatory damages might include both economic and non-economic losses for the accident:
- Medical Expenses
- Hospital Bills
- Ambulance Bills
- Rehabilitation Costs
- Lost Wages for Missed Time Away from Work
- In-Home Nursing Services
- Pain and Suffering
- Future Expenses for medical and lost wages
Compensatory damages are any losses that you have incurred as a result of the accident. In some cases, you may even be able to pursue punitive damages; however, this can be more difficult and may require litigation. You might be eligible for punitive damages if your medical provider was reckless as they serve to punish the provider for their actions.
Evidence for Malpractice Cases
Receiving the compensation that you are entitled to require that you have strong evidence to support your case. An experienced Cleveland, OH medical malpractice lawyer can assist in gathering evidence and investigating your case to maximize your compensation. Strong evidence that your lawyer may recommend could include:
- Medical documentation
- Medical bills
In addition to the medical evidence that will need to be provided, your lawyer will likely employ an expert witness to decipher the evidence and present it to the court. The work of an expert witness will play a critical role in a successful outcome. They are experts in the medical field that can review documents and outline your injury, the mistakes that were made, and the impact.
Statute of Limitations
The statute of limitations is the period that you have to take legal action for medical malpractice cases in the state of Ohio. This deadline is critical because once the statute of limitations has expired, your ability to take legal action could be gone forever. If you believe that a physician or hospital owes a duty of care and does not uphold the medical standard of care, you will want to avoid delay in seeking legal support, especially because the clock will be ticking.
What does it mean for a medical professional to have a duty of care?
If you are considering filing a medical malpractice lawsuit, you have probably read or heard about a “duty of care.” In fact, in almost any type of legal claim or lawsuit, you will hear about a duty of care. This is regarding the standard of care or duty owed from one person to another. In a car accident, the person who was responsible for the accident owed a duty of care not to injure the victim in the car accident. In a medical malpractice lawsuit, the medical professional owed you that same duty of care. That you would not come to any harm because of them. While there are always extenuating circumstances or known risks going into procedures, negligent harm can mean a medical malpractice lawsuit.
How do I know if the medical professional breached this duty of care?
When you want to know if the injury could have been avoided, a question your attorney will be asking medical experts is whether someone else would have made this same mistake. Your attorney wants to know if another medical professional would have made the same decision with:
- The same medical knowledge
- Experience, and
- Under similar circumstances
If your attorney finds that other medical professionals would have made different decisions that could have resulted in safer, less injurious outcomes, you are very likely looking at a medical malpractice case.
It sounds hard to even know if there is a case. How will I know to go to an attorney?
Determining whether you have a case is not simple and will likely only happen once you speak with an attorney who can then look at your evidence and talk with medical experts. Your attorney will want to show that you had a doctor-patient relationship. This doesn’t mean a person who is a doctor told you a piece of medical information and you followed it or you overheard a doctor discussing information with another patient and took that advice as your own.
You must have a relationship where the doctor was actively treating you for a health problem. This is the same for other medical professionals as well. In order for the medical professional to fail at meeting their duty of care, you must have an established relationship for that duty of care in the first place.
With the complexities surrounding cases such as yours, you deserve a lawyer who can help you manage your case in a straightforward, well-thought-out manner. Choosing Mishkind Kulwicki Law Co., L.P.A., can give you the confidence in knowing that your case is being properly strategized and managed. Get the help you deserve by calling our Cleveland, Ohio medical malpractice lawyer today.