Experienced Cleveland Medical Malpractice Attorney

When a person is the victim of a medical error, they may be diagnosed improperly or provided with substandard treatment. Although some medical errors may be associated with inexperienced physicians, new and relatively untested procedures, urgent care or complex treatment, medical errors may occur in virtually any setting and are a fairly common form of medical malpractice.

Depending on your unique situation and the consequences of the mistake, a medical error may have caused you to experience a catastrophic injury for which you may be entitled to compensation. At Goldstein & Goldstein, Attorneys at Law, we offer free consultations so we can thoroughly learn what has happened to you and how we can help.

Defining Medical Malpractice

Health care workers make mistakes, just like professionals in other sectors. Their mistakes, however, are in much higher stakes situations and can lead to several forms of medical malpractice such as:

• Medication errors
• Surgical mistakes
• Failure to provide treatment
• Failure to diagnose, misdiagnosis and delayed diagnosis
• Birth injuries

The recovery from such medical mistakes can be a long-lasting process. In some cases, people never recover. If you find yourself suffering from medical malpractice, you do not have to go through it alone. Medical malpractice represents a dreadful breach of trust between you and those supposed to take care of you.

Our personal injury attorneys prioritize earning your trust so we can aggressively pursue the compensation you deserve. We personalize our services for you. We learn the details of your case and struggles and build a case designed around what you need most.

Common Types Of Medical Malpractice Cases

Medical malpractice cases arise from various forms of negligence in health care settings. These include:

• Medication errors: Administering incorrect medication, the wrong dosage or failing to consider harmful interactions.
• Surgical errors: Operating on the wrong site, leaving instruments in the body or causing unintended damage to organs or tissues.
• Failure to provide treatment: Not administering necessary care and failure to monitor or follow up.
• Birth injuries: Harm to the newborn or mother through negligent care, improper delivery tool use or not addressing labor complications.
• Misdiagnosis or delayed diagnosis: When health care providers fail to correctly identify conditions in a timely manner, leading to worsened patient outcomes.
• Failure to obtain informed consent: Situations where medical professionals proceed with treatment without properly explaining risks and alternatives to patients.
• Hospital-acquired infections: Preventable infections that develop during hospital stays due to inadequate sanitation or negligent care protocols.
• Medical errors that cause injury to babies or children: Devastating mistakes during pediatric care that can result in lifelong complications or disabilities.
• Failure to diagnose and failure to timely treat infections, cancer or heart conditions: Cases where health care providers miss crucial symptoms or delay necessary treatment.
• Failure to manage medical care: Instances of poor coordination between providers that result in gaps in treatment or missed critical care steps.
• Anesthesia errors and postoperative care errors: Critical mistakes made during surgery or recovery that can lead to serious complications.
• Blood clot injuries: Preventable complications arising from inadequate monitoring or failure to implement proper preventive measures.
• Catastrophic injuries resulting from brain or spinal cord injuries: Severe trauma caused by medical negligence that leads to permanent disability.
• Hospital or emergency room errors: Mistakes occurring in high-pressure health care environments due to various factors.
• Mistakes leading to wrongful death: Fatal errors resulting from negligent care or treatment decisions.

These cases represent serious breaches of medical standards, requiring thorough documentation to establish liability.

Potential Medical Negligence Defendants

Health care providers at all levels may be held responsible for medical malpractice. Understanding potential defendants is crucial for making sure appropriate compensation.

• Medical doctors
• Nurses
• Dentists
• Chiropractors
• Physical therapists
• Pharmacists
• Nurse anesthetists
• Hospitals
• Urgent care centers
• Nursing homes

Successful malpractice claims often require identifying all responsible parties and understanding how their actions contributed to injuries.

Answering Frequently Asked Questions About Medical Malpractice In Ohio

Our experienced medical malpractice attorneys understand that if you’ve suffered further injury from a health care practitioner’s medical mistake, you probably have a lot of questions. We regularly get asked the same questions. Here, we answer some of the questions we get asked most often. For answers about your specific case, our attorneys offer a free consultation. During this free appointment, we will answer any other questions that you might have.

What constitutes a failure to provide treatment?

A failure to provide treatment occurs when a health care provider does not offer necessary medical care that could prevent harm or further illness. This can happen if a doctor ignores symptoms, misdiagnoses a condition or delays treatment without a valid reason.

For example, if you have a clear medical issue and your doctor dismisses it without conducting tests or providing a treatment plan, this might be considered a failure to provide treatment. Our Cleveland medical malpractice lawyers can help assess your situation to see if it qualifies as medical malpractice.

What should I do if I suspect a medical error has occurred?

If you suspect a medical error occurred, it is important to take a few immediate steps. First, seek a second opinion from another health care provider to confirm the mistake. Keep detailed records of your medical visits, treatments and communications with your health care providers. Document any changes in your condition.

Next, consult with a qualified personal injury lawyer who understands the intricacies of a medical malpractice claim. Acting quickly is crucial to preserve evidence and protect your legal rights. Our attorneys at Goldstein & Goldstein regularly handle claims of medical malpractice and nursing home negligence. They can help you understand your rights and evaluate whether you have a potential claim.

How do I prove that a medical error occurred?

Proving a medical error involves demonstrating that your health care provider or medical professional failed to meet the standard of care, leading to your injury. You need to show that a competent doctor would have acted differently under the same circumstances. To prove this, it is important to:

• Collect all medical records and documentation related to your treatment.
• Consult with an attorney who can help you gather the necessary evidence and possibly work with medical professionals to provide support for your claim.

Our medical malpractice lawyers in Cleveland are experienced in helping clients build strong cases by meticulously reviewing medical histories and identifying deviations from standard care.

Are there time limits for filing a medical malpractice lawsuit?

Yes, there are time limits, known as statutes of limitations, for filing a medical malpractice lawsuit. In Ohio, you generally have one year from the date you discover the injury to file a claim. However, some exceptions may extend this timeframe, such as if the injury was not immediately apparent. It’s important to act promptly to ensure you don’t miss the deadline. Consulting with an attorney as soon as you suspect malpractice can help you navigate these timelines effectively.

What is the difference between wrongful death and medical malpractice?

Wrongful death and medical malpractice are related but distinct legal concepts. Medical malpractice occurs when a health care provider’s negligence causes harm to a patient. Wrongful death, on the other hand, happens when that negligence leads to the patient’s death.

In a wrongful death claim, the deceased’s family can seek compensation for their loss. Both require proving that the provider’s actions deviated from acceptable medical standards.

What damages can an Ohio medical malpractice attorney help you recover?

A Cleveland medical malpractice attorney can help you pursue compensation for the harm you suffered. You may have endured pain due to surgical errors or faced increased medical bills from a missed diagnosis. A misdiagnosis or delayed diagnosis of cancer, for instance, can allow the disease to advance, making treatment far more difficult. You may also be entitled to damages for lost wages or reduced earning capacity.

How do Ohio’s damage caps affect the value of my case?

Ohio uses damage caps for medical malpractice cases, but they do not apply to economic losses, such as lost wages, medical bills and other direct costs due to the malpractice. This means Ohio poses no economic damage caps.

Noneconomic losses are issues like mental anguish or pain and suffering. These can be capped, and the typical award cannot exceed either $250,000 or three times the economic losses, depending on which total would be larger. There are some exceptions where caps can be increased to $350,000, $500,000 or even $1 million, depending on the type of injury.

What should I do if I am contacted by the hospital’s or doctor’s insurance company?

It is natural that you may have to deal with the hospital, the doctor or an insurance company after suffering medical malpractice injuries. This is true whether you are seeking compensation for failure to provide treatment or due to mistakes you believe were made that constitute medical malpractice.

The wisest and safest approach is not to give oral, written or recorded statements to the insurance company or anyone else without a Cleveland medical malpractice attorney at your side. You have to be very careful with what you say, especially if there is a significant amount of money on the line. If you are contacted directly, you may want to inform the other party that you will only communicate with them through your attorney.

Consult A Cleveland Medical Malpractice Lawyer For Free

Our experienced medical malpractice lawyers offer prospective clients a free, initial consultation and case evaluation. You can schedule your free appointment by sending us a message using our online form. You may also call us at 216-706-9664.