Medical Negligence Lawyer Cleveland, OH
According to multiple studies, medical negligence is the number three cause of death in this country, following heart disease and cancer. In fact, it is estimated that more than a quarter of a million people die each year because of medical errors. In Ohio and other states, victims of medical errors can pursue medical malpractice lawsuits.
At Mishkind Kulwicki Law Co., L.P.A, each Cleveland, OH medical negligence lawyer understands that although medical errors are so common, proving that medical malpractice took place can be complex. If you or a loved one has been a victim of a medical error, call our office to find out how our firm can help. In the meantime, the following is a brief overview of the elements needed in a malpractice lawsuit.
Burden of Proof
In a medical malpractice lawsuit, the burden of proof lies with the victim. A Cleveland medical negligence lawyer must prove that the injury or illness the victim suffered was due to the negligence or recklessness of a medical professional.
In order to be successful at proving medical malpractice, a medical negligence lawyer in Cleveland, OH must show that three elements exist in the case:
- The medical professional was negligent and deviated from acceptable medical standard of care.
- The victim suffered an injury or illness as a result of that negligence and deviation.
- The victim sustained damages (losses) as a result of their injury or illness.
Statute of Limitations
Just like all personal injury lawsuits, there is a statute of limitations for how long a victim has to file their medical malpractice claim. Although there may be some exceptions, for most cases, once the statute of limitations has expired, a victim can no longer pursue their claim.
Each state sets its own statute of limitations. A Cleveland medical negligence lawyer can explain to you what the time limit is in your situation.
Settlement vs. Award
The majority of medical malpractice lawsuits do not go to trial. They are usually settled through negotiations between the victim’s Cleveland medical negligence lawyer and the alleged at-fault medical professional’s malpractice insurance company. Litigating a case can be extremely expensive, making settlements much more attractive to insurance companies. However, because higher attorney fees, court costs, and other expenses are avoided when there is a settlement, the amount the victim receives is usually less than what they would have been awarded by a jury trial. But keep in mind that there will be minimal deductions from the victim’s award like there would be if there was a trial.
Are You a Victim of Medical Error?
If you have been a victim of medical malpractice, you may be entitled to damages for medical bills, lost wages, pain and suffering, emotional anguish, disability, and more. Call Mishkind Kulwicki Law Co., L.P.A to schedule a free case evaluation with a medical negligence lawyer families count on and find out what legal recourse you may have against the medical professionals responsible for your injuries.