Medical Malpractice Lawyer Cleveland, OH


A medical malpractice lawyer in 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.

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.

Table of Contents

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 medication. 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.

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
  • Transportation
  • 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
  • Photographs/Videos

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. 

Medical Professional Fatigue and Negligence

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 burnout the 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.

Medical Malpractice Never Events

If the doctors and nurses you trust cause you additional suffering, the attorneys at Mishkind Kulwicki Law want to help you recover.

According to the Agency for Healthcare Research and Quality, the official list of never events includes 29 serious reportable actions within seven categories:

Criminal Events

Any illegal action by a medical professional or someone impersonating a medical professional is a crime. Possible criminal never events include the abduction of a patient, sexual assault on a patient in a care facility or physical battery of another person on the grounds of a care facility.

If you are the victim of a crime that happened in a doctor’s office or hospital, a medical malpractice lawyer in Cleveland, OH, can help you determine your next steps.

Environmental Events

Environmental events refer to patient injuries that occur as a result of improper use or upkeep of healthcare facilities and equipment. Failure to maintain a safe environment can lead to abrasions, burns, electric shock, or breathing complications.

Care Management Events

Doctors and nurses deal with multiple patients, but when they follow proper protocols, they can avoid mishaps such as administering the wrong drug or dose to the wrong patient at the wrong time via the wrong route. Failure to take a proper patient history can lead to deadly risks like transfusing the wrong blood type or complications during labor and delivery.

Patient Protection Events

Healthcare workers are responsible for patients during their stay in a care facility. Deaths, suicides, disappearances, or unauthorized discharges are considered never events. A Mishkind Kulwicki Law malpractice lawyer in Cleveland, OH, can help hold negligent medical professionals accountable for failing to protect patients.

Product or Device Events

Hospital staff is highly trained professionals. Therefore, patient death or serious injury associated with the improper use of medical equipment in a healthcare setting should not occur.

Radiologic Events

Carelessness around MRI machines can lead to serious or fatal injuries when medical staff fails to scan for and remove metal objects from the area.

Surgical or Procedural Events

When undergoing an operation you are completely vulnerable, and you expect your surgery team to be competent and knowledgeable about your case. A surgeon should never cut into the wrong patient, perform the wrong procedure or leave surgical tools inside a patient. These are egregious errors that constitute medical malpractice.

The Do’s and Don’ts of Medical Malpractice

Do Preserve All Evidence Related to Your Suspicion of Medical Negligence

It’s important to gather and hang on to anything and everything related to your medical care. Some of the documents you’ll want to include are:

  • Medical records
  • Medical billing records
  • Prescription records
  • Prescription bottles
  • Appointment cards
  • Photos of injured areas, scars, or wounds
  • Death certificate
  • Autopsy report
  • Funeral costs

Not all of these will apply to all cases, but it’s important to start with a checklist of what evidence to gather.

Do Write Down the Names of Medical Personnel and Witnesses

To know who to file your lawsuit against, your medical malpractice lawyer in Cleveland OH, from Mishkind Kulwicki Law needs to know the names of the medical personnel who treated you. It’s also helpful to have the names and contact information of any potential witnesses.

Do Keep Your Family History Alive

You want to demonstrate the difference between life before malpractice and life after malpractice. Photographs and videos are great ways to do this. Social media posts may help establish what the malpractice victim was doing before she was injured. Your medical malpractice lawyer in Cleveland OH may have a checklist for you to gather information of this nature.

Don’t Assume That Nothing Happened

You want to trust your doctors, nurses, and other medical professionals. It’s easy to overlook mistakes they may have made or write them off as just another risk to the procedure. There’s a difference between accepted risks and negligence. 

Don’t Complain on Social Media, Your Blog, or Your Email List

Your medical malpractice lawyer in Cleveland OH, at Mishkind Kulwicki Law, may advise you to stay offline as far as your injuries and status are. It would be easy to say something innocuous such as, “I’m fine,” that insurance adjusters can use against you in negotiations with your attorney.

Don’t Write on Your Medical Records

You may be tempted to make notes on your medical records. Don’t; the original documents must be pristine. If you absolutely have to make notes, use sticky notes and let your attorney know they’re there. 

Don’t Miss Doctor’s Appointments or Calls

If you miss doctor’s appointments or calls, it could be construed that you’re not as injured as you’re claiming to be. After all, if you were seriously injured, you’d keep all of your doctor’s appointments, right? 

Don’t Talk to Hospital Administrators Without First Consulting an Attorney

The administrators are there to represent the hospital and protect it and the staff. They are not on your side. Talk to your medical malpractice lawyer in Cleveland OH, before you say a word to the administrators.

Managing Your Medical Negligence Case with a Lawyer

Referring to the legal services of a medical malpractice lawyer in 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. 

Cleveland Medical Malpractice Law Infographic

Common Misconceptions About Malpractice Cases Infographic

How to Maximize Your Compensation in a Medical Negligence Case

If you suffered an injury while under the care of a medical professional, you have the right to pursue compensation. The steps you take immediately after finding out about your injury will affect the settlement you receive. Here are some tips on maximizing your compensation in a medical malpractice case.

  • See another doctor promptly. Whether you suffered an injury from a misdiagnosis or surgical error, it’s essential to see another doctor immediately. Your health is of the utmost importance. Your new doctor will provide a diagnosis and then attempt to undo the damage your first doctor caused. 
  • Obtain medical records. Your medical records are one of the most important pieces of evidence you will have in your medical malpractice case. As such, you should request copies of these records as soon as possible. They will include critical information about your medical history, the tests your previous doctor performed, the treatments you received, and medications you were prescribed. The information in these records may provide proof that your doctor was negligent.
  • Consult a lawyer. Medical malpractice claims are one of the most complex personal injury cases. Therefore, you shouldn’t attempt to handle your claim on your own. An experienced medical malpractice lawyer in Cleveland, OH will know the true value of your case and can improve your chances of obtaining fair compensation. He or she will assist you in gathering evidence and handling all negotiations with the insurance company. When you speak to a lawyer, be completely truthful and don’t leave any details about your case out.  
  • Write in a journal. Medical malpractice can have many negative effects on your life. It’s a wise idea to document how your life has changed as a result of a medical error. For instance, if you have trouble falling asleep at night due to your pain, you should write that down in a journal. Try to write in your journal as often as you can, as it can be used as evidence in your medical malpractice case.
  • Don’t wait too long. In the state of Ohio, the statute of limitations to file a medical malpractice claim is one year. After that deadline has passed, you will no longer have the right to pursue compensation. Don’t miss out on your right to compensation.

Cleveland Medical Malpractice Law FAQs

If you’ve been a victim of medical malpractice is the result of medical malpractice, a lawyer in Cleveland OH, such as the ones available at Mishkind Kulwicki Law Co LPA to help with all of your medical malpractice legal needs. However, if you’ve never dealt with a medical malpractice lawsuit before, you are going to have questions, and that is okay. We will discuss some of the most common questions about medical malpractice in the below passages.

What ‌damages are available to the plaintiff in a medical malpractice lawsuit?

For a patient that has suffered an injury because of medical malpractice, there are often three kinds of damages that are available through a lawsuit, and your medical malpractice lawyer in Cleveland OH is going to be able to tell you what types of damages are available to you.

There are general damages, which are the compensation for suffering caused by the medical packs, such as physical and mental pain, loss of enjoyment of life, loss of consortium, and much more. There are special damages which are quantifiable effect expenses linked to the malpractice, medical bills, reimbursement for lost income, and even lifelong medical bills dependent upon whether you are able to work after your medical malpractice case or not. Punitive damages are meant to punish her physician or the medical facility that performed the gregarious conduct, and essentially punitive damages are only given out in cases where there are leaves the patient was intentionally harmed and these are extremely rare medical malpractice money awards.

It is important to note that if a patient died because of medical malpractice, the heirs or surviving family members can recover damages that occurred from the time of the malpractice until their death, the family can also sue for future economic loss due to the patient’s death of the patient was the main breadwinner in the family.

If I had known the risk associated with my surgery, I would not have gone through with the surgery because of the risks, but my doctor did not tell me the risks, can I sue my doctor?

Depending upon what the risks were, and whether you are fully informed, will decide as you can see your doctor frittered the risks involved in your case after having those risks happen to you after undergoing the procedure. Ideally, your doctor is telling you about the risks of your procedure and ensuring that you fully understand what may happen and accept these risks before undergoing treatment. The legal terminology for this is informed consent. The doctors do not have to inform the patient about every single risk that is involved in every heater they may undergo, only the important ones.

When it comes to you and your medical malpractice lawyer in Cleveland OH determining whether your doctor did not give you informed consent or not, there are two standards that are often used. The first standard is what another competent doctor has disclosed the risk. The second is what a normal patient would have made if the risk was disclosed.

Depending upon your answers to this, and your lawyer’s evaluation will depend upon whether you can see your doctor for medical risks that happen to you after you underwent a procedure.

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.

Cleveland Medical Malpractice Lawyer Statistics

Healthcare providers are people, and errors are inevitable. However, some mistakes are inexcusable. These blunders are called “never events” and they happen more often than you think. According to a study published with the National Library of Medicine, medical errors are the third leading cause of death in the U.S. which is significantly higher than other countries. If you or a loved one has suffered from a medical error, contact an attorney.

Mishkind Kulwicki Law Co., L.P.A. 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. 

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“Dave took on my malpractice case. It took about a year . Dave was a professional throughout. He stood by us and didn’t let them get me down. We came to mutual agreement and settled out of court. I highly recommend him.”
Brian Vaccher
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