Medical Mistake Lawyer Cleveland OH

Medical Mistake Lawyer Cleveland OH

It is usually easy to know whether you’ve been affected by an accident or not. Car accident victims can perceive the impact of a collision. Construction workers know when they’re falling off scaffolding. But victims of medical mistakes aren’t always aware that either one or multiple members of their care team has made the kind of actionable misstep. After all, when you’re under anesthesia, or passed out, or even getting your blood tested, there is so much happening that you can’t possibly perceive as the patient. It is up to your healthcare providers to know whether they’ve crossed a line professionally and legally.

What do you do if you suspect that you’re a victim of medical negligence, but you’re unsure if you have grounds for legal action? Speak with a medical negligence lawyer Cleveland, OH residents trust. Scheduling a consultation with the team at Mishkind Kulwicki Law Co., L.P.A. doesn’t commit you to file any legal action whatsoever. All a consultation does is allow you to ask questions so that you can make an informed decision concerning your next steps. If our team thinks you may benefit from an investigation into your circumstances to determine whether an actionable mistake was made, our experienced Cleveland, Ohio medical mistake lawyer team can provide that support. However, the decision to move forward at any point is always going to be up to you.

Some of the Most Common Root Causes of Medical Errors

Medical errors are now believed to be one of the third leading causes of death in the United States, which means that medical errors have surpassed the number of strokes, Alzheimer’s patients, and diabetes deaths. It is also believed that one in seven Medicare patients who received care in a hospital is going to be a victim of medical error.

Some of the most common types of medical errors in hospitals include medication errors, errors relating to anesthesia, hospital-acquired infection, missed or delayed diagnoses, unavoidable delay in treatment, inadequate follow-up after being treated, inadequate monitoring after the procedure, inadequate monitoring after anesthesia, failure to act on test results, failure to take proper precautions and technical medical errors.

Poor Communication

The first issue that most hospitals experience is poor communication, and in fact, the most common cause of medical errors is believed to be communication-related whether this is verbal or written communication. Essentially all it takes is for medical error to occur as somebody did not tell someone something else, to not write something down that is working to the patient in the case, or to not ensure that something is known before surgery begins.

Tying in the communication is the inadequate information flow, and information flow is critical to the healthcare setting because anything can go wrong if you do not know everything you need to know. Essentially this means that information does not follow the patient well and this means that when they are transferred to another facility or another floor, their information does not follow them.

Human Error

Human error is another standard in medical errors, and essentially human error is going to occur when the standards of care or policies, processes, and procedures are not being followed efficiently or properly. This could be poor documentation of charts, labeling of specimens, or even knowledge-based errors when the physician does not know enough to further provide care.

Patient-related issues while they are rare, they are one of the most common errors to come out of the hospital stay. A patient-related issue might include patient identification, inadequate patient history, inadequate patient assessment, failure to obtain consent, and insufficient patient education.

Many of the errors that you deal with in a hospital are tied to organizational transfer of knowledge, staffing patterns and workflow, technical failures, and inadequate policies. This might look like training is inconsistent or inadequate, transfer of knowledge is not being used in areas where new employees are being brought in, staffing is not being taken care of in hospitals that are understaffed, or equipment is failing.

It should come as no surprise, given all the prescription drug medication ads on television, that about 55 percent of Americans take at least one prescription medication on a regular basis. There are even millions more who have been prescribed medication for a temporary condition, such as an antibiotic or pain medication. When a patient is given a prescription from their doctor, has it filled at their local pharmacy, and go home and takes that medication, they assume that the medicine is safe and that the amount of the dose prescribed is correct. Tragically, it is far too common for some medical professionals in that process to have made a mistake, leading to serious harm to the patient, sometimes even death. If you live in Ohio and you or a loved one have been a victim of a medication error, talk to a medical mistake lawyer in Cleveland, OH victims trust to find out what legal recourse you may have.

Medication Errors

A medication error is legally defined as, “any preventable event that may cause or lead to inappropriate medication use or patient harm while the medication is in the control of the healthcare professional, patient, or consumer.” There are more than 100,000 medication error complaints filed with the Food and Drug Administration (FDA) every year.

Each SUP client’s trust in our firm has handled many medication error cases. Some of the more frequent errors that are made that result in malpractice are:

  •    The patient is given the incorrect dose of medication.
  •    The patient is given medication that has an incorrect label.
  •    The patient is given medication that they are allergic to.
  •    The patient has been given medication that dangerously interacts with other medications they are taking.
  •    The patient is given the wrong medication.

Liability for a Medication Error

There are a number of potentially liable parties when a patient has been harmed because of a medication error. It could be the doctor who prescribed the medication, the pharmacy that filled the medication, or the nurse, or another medical professional who gave the patient the medication. If a medical malpractice lawsuit is filed, the medical facility or pharmacy where the medication error happened could also be held liable.

A malpractice lawsuit can be filed if the patient suffered an injury and that injured caused losses, both economic and non-economic. The victim’s attorney will investigate to determine who was responsible for the medication error that harmed the patient and which party or parties are responsible for the financial compensation the victim may be entitled to. Some of these damages include:

  •       The medical expenses to treat the health condition caused by the medication error.
  •       The loss of income and benefits the victim suffered while they recovered from the health condition the medication error caused.
  •       Pain and suffering
  •       Emotional anguish
  •       Chronic health issues or permanent damage or disability the medication error has left the patient with.

Anyone who has suffered an injury because of a medication error should contact Mishkind Kulwicki Law Co., L.P.A. and schedule a free and confidential consultation with a medical mistake lawyer in Cleveland, OH. Call our office today.

Seven Misconceptions about Medical Malpractice

A Bad Medical Outcome Makes for an Actionable Medical Malpractice Case

A bad medical outcome may make for an actionable medical malpractice case, but not always. Sometimes there are complications that arise that nobody could have prevented. Your medical mistake lawyer in Cleveland OH, could tell you that the patient should have been given a list of potential side effects and complications and agreed to go ahead with their treatment anyway.

Malpractice Suits Cause Doctors to File Bankruptcy

Doctors don’t pay out-of-pocket for medical malpractice suits. They have insurance for that. True, they pay tens of thousands of dollars every year for their malpractice insurance, but they don’t pay the hundreds of thousands of dollars you’re suing for. 

There Are Too Many Malpractice Lawsuits That Result in Too Large of Payouts

The number of malpractice lawsuits is actually decreasing, according to an interview in Forbes. Many states are putting caps on the number of damages may level against the defendant. The total result is fewer malpractice lawsuits that result in smaller payouts. 

Malpractice Suits Are a Key Part of Our Healthcare Crisis

Numerous studies have shown that malpractice suits make up about one percent of the total cost of healthcare in the U.S. They are absolutely not a key part of our healthcare crisis. The money needed to re-treat patients who have filed medical malpractice suits is a far greater part of our healthcare crisis. 

The Doctor Is Always at Fault

Your medical mistake lawyer in Cleveland OH, from Mishkind Kulwicki Law, can tell you that it’s not always the doctor who commits medical malpractice. It could be any medical personnel involved in your care, including nurses, physician’s assistants, certified nursing assistants, physical therapists, occupational therapists, pulmonary therapists, and mental health care providers.

A Malpractice Lawsuit Is Like Any Other Personal Injury Case

A medical malpractice injury is a type of personal injury case. However, it’s often much more complex than other personal injury cases. It’s also likely to need more expert witnesses to explain all the medical jargon. Your medical mistake lawyer in Cleveland OH will have to work harder to handle your malpractice case than he would with a simple car accident or slip and fall injury.

A Medical Malpractice Case Will Be Easy To Settle Quickly

Because medical malpractice cases are so complicated, they are rarely easy to settle quickly. Your MIshkind Kulwicki Law medical mistake lawyer in Cleveland OH, may be able to give you a timeline based on the specifics of your case.

Do You Suspect that You’re Suffering Due to a Medical Mistake?

What makes you suspect that a medical mistake may have happened during the course of your care? Did you develop an infection in the hospital? Does it seem like your diagnosis should have been reached much sooner than it was? Were there complications during a surgical procedure? If you’ve suffered harm and you’re not sure whether the decisions made by your healthcare providers did or did not contribute to that harm, it makes sense to connect with our firm. You have nothing to lose and potentially a great deal to gain by exploring your legal options at this time.

Legal Assistance Is Available

If you suspect that you may be a victim of medical negligence, remember that you don’t have to know anything for sure to take advantage of a consultation with an experienced Cleveland, OH medical mistake lawyer. In doing so, you’ll allow our team to hear your story and become more informed about your options. If you don’t seek professional guidance now, you may be left wondering forever if:

  • Anything you could have done about your situation
  • Anything you could have done to protect others
  • Anything you could have done to make your medical bills more manageable

By connecting with a Cleveland, OH medical mistake lawyer today, you’ll save yourself from running around this particular mental hamster wheel long into the future. 

Signs of Medical Malpractice

Our medical mistake lawyer Cleveland OH victims turn to for guidance has seen firsthand the lasting impact that medical malpractice might have on an individual. Injuries sustained in an accident can take a significant period of time to recover; in some cases, such damages could be long-term. In addition to physical pain, there might be a psychological impact as well. Knowing when to contact a lawyer like Mishkind Kulwicki Law Co., L.P.A, can help you take action as swiftly as possible. The perfect place to start is by calling our firm to schedule a risk-free consultation; we are standing by to help you take action. 

Know the Signs

Medical malpractice can, at times, be challenging to identify. While, in some cases, it may be obvious, it should be no surprise that medical jargon can be confusing to understand. If you believe you have experienced medical malpractice, there are several signs to look for:

  • Your doctor missed the early signs of your illness or was dismissive of your symptoms
  • You received treatment for the wrong disease
  • You have prescribed the wrong medication or received the wrong dosage
  • You were not aware of the potential risks of treatments or surgeries
  • Your doctor admitted to you that they were at fault
  • There were complications from a routine procedure that resulted in injuries or death

Filing a Medical Malpractice Lawsuit

A medical mistake lawyer in Cleveland, Ohio can help you get the compensation you need to move on from any injuries you suffered at the hands of incompetent, unprepared, or untrained medical personnel. Unfortunately, medical malpractice isn’t as straightforward as we’d all like it to be, so you’ll need plenty of legal help to help you through your case. That’s exactly what Mishkind Kulwicki Law Co., L.P.A. can do for you.

Medical malpractice cases are always a tough fight. It takes plenty of information, evidence, and preparation for your case to have a chance of success, and you need to communicate with your legal team about every little detail. When you decide to file a medical malpractice lawsuit to get the justice and compensation you deserve, you need to do your homework. Read on to learn why it’s important to be prepared, and see how we can help.

Your Injury is Just the Beginning

After suffering from medical malpractice, you’ll be dealing with a serious injury and a complicated health situation. You may have to miss out on work, and if you’re not at work, you’re not collecting paychecks. Suddenly, you might find yourself in dire financial straits – through no fault of your own. Unfortunately, an injury due to medical malpractice is just the beginning, and it takes lots of work to get much-needed financial support to keep yourself afloat.

The Two Requirements of Every Medical Malpractice Case

When you and your lawyer file a medical malpractice lawsuit, you need to make sure you have these two requirements satisfied – otherwise, you won’t have much of a chance of getting that much-needed compensation.

  • Injury: It seems like it goes without saying, but you have to prove that you were injured because of the medical personnel you were trusting with your care. However, this can be more challenging than you’d expect. For example, if you experienced medical malpractice when you were being treated in an emergency room for a broken leg, it’s your word against the doctors’, nurses’, and technicians’ that your injury wasn’t related to the broken leg in the first place.


  • Negligence: If you can prove that your injury wasn’t related to a pre-existing injury or condition, you also have to prove that the medical personnel were negligent in their care. This takes many forms: They may have been incompetent, or they may have acted with actual malice. They could have acted unreasonably during your treatment, prescribing improper care or procedures. In any case, proving the negligence of a medical professional may require input from another medical professional on your side – as well as a medical mistake lawyer in Cleveland, OH.

Cleveland OH Medical Mistake Infographic


Cleveland Medical Mistake Law Statistics

According to a major study conducted by John Hopkins University School of Medicine, medical errors are now the third leading cause of death in the United States, responsible for the deaths of more than 250,000 patients every year.

If you believe there were issues with the medical care that you received and that medical negligence was at play, your first call should be to a Cleveland OH medical mistake lawyer. We can work to protect your rights and provide you with the support that you need.

Reach out to Mishkind Kulwicki Law Co., L.P.A. Today

A medical malpractice case takes lots of hard work, determination, and communication. When you reach out to Mishkind Kulwicki Law Co., L.P.A., you get a qualified legal team that will walk you through all the challenges of your case and a legal team that treats you like a real person – not another paycheck.

Suffering medical malpractice means you should get justice. Reach out to Mishkind Kulwicki Law Co., L.P.A. today, and see how a medical mistake lawyer in Cleveland, OH can help.

Compensation You May Seek

It is important to know what kind of compensation you can get in a medical malpractice case. You can get an idea by speaking with a medical mistake lawyer, but here are some of the most common things people seek in a case like this: 

  • The cost of all medical care associated with the injuries sustained. For example, you should not have to pay for the initial medical care that was done carelessly, but you also should not have to pay for any surgeries or procedures that you need following the botched medical care. You may also need things like physical therapy or chiropractic care after being the victim of medical malpractice. It is important that you get all of the care you need to get your life back after experiencing something so traumatic. 
  • The cost of therapy and other measures you need to take to help improve your mental health after being the victim of medical malpractice. This is clearly a very traumatic event that a person goes through, so it is important to be able to process it and begin to heal from this. 
  • The cost of lost wages due to missed work. You may have missed an extensive amount of work because of the injuries sustained from the medical mistake your doctor made. You should be reimbursed for this. If you are unable to continue working the same job you had, you should also be reimbursed for this. An experienced medical mistake lawyer from Mishkind Kulwicki Law Co., L.P.A. will know the laws in Ohio and can help you seek the proper compensation for this. 

Do not wait to contact a lawyer to help you figure out how much compensation you may be eligible for. You should absolutely not have to lose out on anything financial for being involved in an accident like this that was not your fault. 

Contact a Lawyer Right Away

You do not want to miss the statute of limitations for filing a case, so you need to contact a lawyer as soon as possible to make sure that you get assistance in time. Even if you are unsure whether your treatment was medical malpractice or whether you have enough evidence, a lawyer can help you determine if this is something worth pursuing. Your lawyer can conduct an investigation to determine the chances of getting compensation or not and whether this case would be worth spending time on. 

It is important to hold the at-fault party accountable so that nothing like this happens to anyone else. You want to prevent another accident like this from happening, and deciding to file a lawsuit can be a good way of trying to deter the at-fault party from making the same mistake on others. A lawyer can help you do this. 

Our Risk-Free Consultation

We know that you may be experiencing financial hardship following your medical injury. While your injuries will certainly be at the forefront, you may be suffering injuries that require your full attention. The healing process can be particularly stressful when you struggle financially to make ends meet due to lost wages and expensive medical bills. No victim should be left to watch the medical bills pile up due to a medical mistake. While contacting a lawyer for advice and counsel may give you pause, we want you to know that our firm can provide you with the advantage of a risk-free consultation. This means that you won’t be obligated to choose our firm before understanding how best to move forward. Choosing to meet with us for a consultation gives us the ability to determine the most appropriate way to move forward and allows you to ask us the many questions you may have. This can give you a better idea of how we will manage your case and whether you feel like we are the right fit. Get started by scheduling your consultation with us today!

At Mishkind Kulwicki Law Co., L.P.A, we know that you have expected your medical practitioner to provide you with treatment that meets your expectations and allows you an optimal recovery. When this does not happen as the result of your doctor’s inability to uphold the medical standard of care, there may be a problem. We can help you address the problem by providing you with sound and experienced legal counsel. To take control of the matter, contact our Cleveland, Ohio medical mistake lawyer before it’s too late. 


Mishkind Kulwicki Law Co., L.P.A. Cleveland Medical Mistake Lawyer

25550 Chagrin Blvd., Suite 245 Cleveland, OH 44122