Cleveland Medical Mistake Lawyer

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.

Malpractice Concept Showing Gavel And Stethoscope On Blackboard

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.

Filing a Medical Malpractice Lawsuit

Navigating the complexities of a medical malpractice lawsuit requires expertise, precision, and a deep commitment to clients’ rights and well-being. At Mishkind Kulwicki Law Co., L.P.A., as seasoned medical mistake lawyers in Cleveland, OH, we provide the necessary legal guidance to those who have suffered due to medical negligence. Here, we outline the critical steps and considerations involved in filing a medical malpractice lawsuit.

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

infographic

Signs of Medical Malpractice

Medical malpractice occurs when a healthcare professional deviates from the standard of care, resulting in harm to the patient. Some telltale signs include:

  • Unexpected Complications: While all medical procedures carry some risk, unexpected complications may indicate a departure from the standard of care.
  • Poor Communication: If doctors or nurses are not providing clear information or are avoiding discussions about treatment outcomes, this may be a red flag.
  • Mismatched Treatments and Diagnosis: Treatments that don’t match the diagnosis or seem inappropriate for the condition may suggest an error has occurred.
  • Rapid Decline in Health: If the patient’s condition worsens unexpectedly after treatment, it may be due to medical malpractice.
  • Failure to Diagnose or Misdiagnosis: Missing a diagnosis or diagnosing the wrong condition can lead to harm and may be a sign of negligence.

Common Causes of Medical Errors

Medical errors can stem from a variety of factors, which include:

  • Communication Breakdowns: Miscommunication between medical staff can lead to serious mistakes in patient care.
  • Staffing Issues: Understaffing or insufficiently trained staff can contribute to errors in the administration of medication or patient care.
  • Technical Errors: Mistakes during surgery or other medical procedures can have dire consequences for patients.
  • Record Keeping Mistakes: Inaccuracies in patient records can lead to incorrect treatments or medications being administered.
  • Faulty Equipment: Malfunctioning medical equipment can result in incorrect diagnoses or improper treatment.

Medical malpractice is a profoundly serious issue that affects thousands of individuals and their families every year. Understanding the signs of medical malpractice and the common causes of medical errors can empower patients and their loved ones to take action if they believe they have been affected by such negligence. It is important to recognize that a medical mistake lawyer in Cleveland, OH, such as Mishkind Kulwicki Law Co., L.P.A., can provide the necessary guidance and representation to those impacted.

Understanding Medical Malpractice

Medical malpractice occurs when a healthcare professional fails to provide the standard of care that a reasonably competent professional would have provided under similar circumstances. Identifying this failure is the cornerstone of a malpractice lawsuit.

The Initial Consultation

  • Assessing Your Case: We begin with a detailed consultation to understand the nuances of your situation.
  • Review of Medical Records: Our team meticulously reviews your medical records to ascertain deviations from standard care.
  • Determining Viability: We assess the viability of your claim based on the evidence, potential damages, and the likelihood of proving negligence.

Preparing for Legal Action

  • Expert Analysis: We engage medical experts to substantiate that malpractice occurred.
  • Affidavit of Merit: As required by law, we prepare an affidavit of merit, which is a statement from a medical expert confirming that your claim has a basis.
  • Legal Filings: We meticulously prepare and file all necessary legal documents to initiate the lawsuit.

The Legal Process

  • Discovery: During this phase, we exchange information with the defense to build a robust argument for your case.
  • Depositions: We conduct depositions of medical experts, witnesses, and other relevant parties to gather comprehensive testimonial evidence.
  • Pre-Trial Motions: We handle all pre-trial motions and legal arguments to position your case favorably before it goes to trial.

Seeking Fair Compensation

  • Calculating Damages: We work to ensure that any settlement or judgment reflects the full extent of your losses, both economic and non-economic.
  • Negotiation: Our team is skilled in negotiating with defendants and insurance companies to reach a fair settlement if possible.
  • Trial Preparation: If a settlement is not possible, we prepare to take your case to trial to fight for the justice you deserve.

Understanding Medical Malpractice Compensation

Compensation in medical malpractice cases is designed to make the injured party “whole” to the extent that money can do so. This compensation, often referred to as damages, can be categorized as follows:

Economic Damages:

These are quantifiable costs incurred as a result of the malpractice.

  • Medical bills, including past and future treatments
  • Lost wages and loss of earning capacity
  • Costs of rehabilitation and long-term care

Non-Economic Damages: 

These are more subjective and not as easily quantifiable.

  • Pain and suffering
  • Loss of consortium
  • Emotional distress

Punitive Damages: 

These are not compensatory but are intended to punish the wrongdoer in cases of egregious conduct.

  • Rare and awarded in addition to compensatory damages
  • Aimed at deterring similar conduct in the future

Navigating Compensation Challenges

Medical malpractice cases can present various challenges, and we are prepared to navigate these complexities on your behalf:

  • Caps on Damages: Some states have caps on non-economic damages, but we work to maximize the compensation within these legal constraints.
  • Insurance Company Negotiations: We handle tough negotiations with insurance companies, who often seek to minimize payouts.
  • Trial Readiness: If a fair settlement is not offered, we are fully prepared to take your case to trial.

Medical malpractice can result in significant physical, emotional, and financial burdens for patients and their families. When it comes to seeking justice and compensation for such wrongdoing, the expertise of a medical mistake lawyer in Cleveland, OH, is crucial. At Mishkind Kulwicki Law Co., L.P.A., we specialize in helping clients navigate the complex landscape of medical malpractice claims to secure the compensation they rightfully deserve.

Securing Fair Compensation

At Mishkind Kulwicki Law Co., L.P.A., we understand that each case is unique, and we are committed to securing fair compensation for our clients. Here’s how we approach the process:

  • Thorough Case Evaluation: We conduct a comprehensive evaluation of your case to determine all applicable damages.
  • Expert Consultation: We consult with medical and financial experts to accurately assess the full impact of the malpractice.
  • Aggressive Advocacy: We fight tirelessly to ensure that all responsible parties are held accountable.

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.

Medical Mistake FAQs

What constitutes a medical mistake under Cleveland, Ohio law?

In Cleveland, Ohio, a medical mistake, also referred to as medical malpractice, is legally defined as a situation where a healthcare provider deviates from the recognized standard of care in the treatment of a patient. This can include errors in diagnosis, treatment, aftercare, or health management. For a case to be considered malpractice, it must be proven that the healthcare provider’s negligence directly resulted in injury or harm to the patient. This standard applies to doctors, nurses, hospitals, and other healthcare facilities operating within Cleveland and the wider Ohio area.

How long do I have to file a medical malpractice lawsuit in Cleveland, Ohio?

In Cleveland, Ohio, the statute of limitations for filing a medical malpractice lawsuit is generally one year from the date the patient discovers, or reasonably should have discovered, the injury, but no more than four years from the date the malpractice occurred. There are exceptions to this rule, such as cases involving minors or situations where the healthcare provider fraudulently concealed the malpractice. Given these strict timelines, it’s crucial for potential claimants to seek legal advice promptly to ensure their case is filed within the legal timeframe.

What kind of damages can I recover in a medical malpractice lawsuit in Cleveland, Ohio?

Victims of medical malpractice in Cleveland, Ohio, can seek several types of damages, including compensatory and punitive damages. Compensatory damages are intended to cover both economic losses (such as medical bills and lost wages) and non-economic losses (like pain and suffering). Ohio law places a cap on non-economic damages, typically a maximum of $250,000 or three times the economic damages, up to $350,000 per plaintiff or $500,000 per occurrence. Punitive damages, aimed at punishing the healthcare provider for egregious conduct, are only awarded in cases of malicious or willful misconduct and are subject to caps under Ohio law.

Who can be held liable for medical malpractice in Cleveland, Ohio?

In Cleveland, Ohio, a wide range of healthcare providers can be held liable for medical malpractice. This includes individual practitioners such as doctors, nurses, and therapists, as well as institutions like hospitals, clinics, and nursing homes. Liability is determined based on the failure to adhere to the standard of care expected within the healthcare community, causing harm or injury to a patient. In cases involving hospital staff, the hospital itself can also be held liable under certain circumstances, such as when the negligent individual was acting within the scope of their employment.

What is the process for filing a medical malpractice claim in Cleveland, Ohio?

The process for filing a medical malpractice claim in Cleveland, Ohio, involves several critical steps. Initially, the claimant must consult with a qualified medical malpractice attorney to assess the viability of their case. Ohio law requires that before filing a lawsuit, the claimant must first submit an affidavit of merit, which is a statement from a medical expert confirming that the medical care in question did not meet the appropriate standard of care. Once this is secured, the lawsuit can be formally filed in court. The case will then proceed through stages of discovery, negotiation, and possibly a trial, where the claimant must prove the malpractice occurred and resulted in their injuries.

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

25550 Chagrin Blvd., Suite 245 Cleveland, OH 44122

Schedule A Consultation Today

At Mishkind Kulwicki Law Co., L.P.A., we understand the profound impact that medical mistakes can have on the lives of individuals and their families. Our team is committed to providing expert legal representation to victims of medical malpractice in Cleveland, Ohio. We leverage our extensive knowledge of Ohio’s medical malpractice laws to navigate the complexities of each case, aiming to secure the justice and compensation our clients rightfully deserve. With a meticulous approach to case preparation and a steadfast dedication to our clients’ well-being, we at Mishkind Kulwicki Law Co., L.P.A., are here to advocate for those affected by medical negligence, ensuring their voices are heard and their rights are protected in the pursuit of accountability.