Medical malpractice is a very serious form of negligence that can threaten your current and future health and safety. When you have suffered health complications because of a medical practitioner’s carelessness or recklessness, you should consult a Cleveland medical malpractice lawyer, as these cases can be highly complex.
Tittle & Perlmuter helps you stand up to healthcare providers and their legal teams so they can be held accountable for their negligent actions. This is part of our long-standing commitment to fighting for the underdog. We will put in the work for you.
Our attorneys can help ensure that you do not have to bear the burden of a healthcare professional’s mistakes. For a free consultation with a skilled medical malpractice lawyer in Cleveland, OH, contact our law firm today.
Understanding Medical Malpractice Claims in Cleveland, OH
Medical professionals are held to high standards of care and ethics. When they fail to provide patients with the quality of care they are entitled to because they were negligent in their duties, medical providers can be held liable for malpractice when it results in a patient’s injuries or the development of new health conditions.
To be considered medical malpractice under Ohio law, a medical malpractice lawyer in Cleveland must show the key elements of a medical malpractice claim. This includes showing that there was a doctor-patient relationship and the doctor deviated from acceptable healthcare standards that resulted in injury and damages. When these elements exist in your situation, you may have valid grounds for pursuing a civil claim against a healthcare provider.
Common Forms of Medical Negligence in Northeast Ohio Hospitals
Medical malpractice covers many forms of medical errors and negligent or reckless actions. It can happen at any level and stage of care and cause serious harm. Keeping detailed records of hospital negligence and new injuries or conditions can help a lawyer for medical malpractice pinpoint the exact form of negligence that occurred. Some common forms of medical negligence in Northeast Ohio hospitals include:
- Missed diagnoses or misdiagnosis
- Delayed diagnostic results
- Medical oversight
- Surgical errors and/or failing to remove surgical instruments
- Birth injuries
- Medication or dosing errors
- And more
Our Cleveland medical malpractice lawyers, who have been recognized by Super Lawyers and Best Lawyers, have a long track record of handling these and other types of cases. We know how to communicate with healthcare providers, hospital administrators, legal teams, and insurance companies to identify where negligence occurred and where the quality of your care failed.
Proving Causation: The Legal Burden in an Ohio Medical Error Case
The legal burden for victims is high in medical malpractice cases, as they must show that a doctor or healthcare provider was truly negligent and that their actions resulted in harm. That is why it is critical to work with an attorney for medical malpractice. They can investigate the accident and help you gather key forms of evidence that can be used to show that your medical provider owed you a duty of care, breached it by acting carelessly, and caused the injury that contributed to your damages.
Key Legal Considerations in Medical Malpractice Cases
Our team can also walk you through two critical legal considerations that may apply in some cases when proving causation in a medical malpractice case.
- The Substantial Factor Test: The “substantial factor” test, which is used when multiple factors contribute to the injuries you have suffered. You must show that the provider significantly contributed to the injury.
- The Loss of Chance Doctrine: The “loss of chance” doctrine, which applies to cases when your prognosis for recovery or life expectancy is considerably reduced because of a practitioner’s negligence. In these situations, you must demonstrate how much they decreased your chance of improvement.
The Vital Requirement of an Affidavit of Merit in Ohio Malpractice Litigation
Before you file a lawsuit in Ohio for medical malpractice, you must first obtain an Affidavit of Merit. This document is a sworn statement from an independent medical professional who can review the case and use their specialized knowledge to determine if there were any deviations from standard practices and levels of care. They can also determine if such acts caused your injuries.
Because this is a key part of your case and ability to move forward with a lawsuit, a lot rides on this step. An experienced law firm and lawyer for medical malpractice can help you secure these documents so you can proceed with your case. We identify qualified health experts and coordinate with them to get the statements that help make a difference in your case.
Recoverable Damages and Ohio’s Statutory Non-Economic Caps
Compensation for medical malpractice can help reduce your stress and get the monetary support you need to treat and/or manage your condition as you move forward.
Economic Damages
Economic damages are the primary form of damages that you can recover. These are quantifiable expenses that have monetary values that can easily be calculated.
These damages can account for hospitalization costs, rehabilitative expenses, medications, equipment and accommodations, lost wages or earning capacity, and lost services and support. Ongoing and future care costs may also be factored in if needed.
Non-Economic Damages
Non-economic damages may also be recovered in your case to offset your intangible losses. Pain and suffering are a very real component when you have suffered medical malpractice. Losses can cover lost quality of life, emotional distress, loss of companionship, and more.
However, it is important to be aware that Ohio imposes caps on non-economic damages of $250,000 or up to three times the value of economic damages with a maximum amount of $350,000, according to Ohio Revised Code § 2323.43.
How an Attorney Helps Secure Maximum Compensation
Medical care is very expensive, and when you have been the victim of medical malpractice, you are likely facing even more expenses due to the need for additional treatment and resources. These costs can create a significant financial burden that you had not planned for and may be unprepared to handle.
This is why it is so important to work with a skilled medical malpractice attorney in Cleveland to ensure that you can recover compensation to offset these exorbitant expenses.
The Strict Timeline: Ohio’s Medical Malpractice Statute of Limitations
The statute of limitations for medical malpractice typically varies from that applied to other types of personal injury claims. According to Ohio Revised Code § 2305.113, medical malpractice claims must generally be filed within one year of the medically-induced injury or discovery of it. You may be able to extend this period of time by 180 days when you provide written notice of an intention to file a legal claim. There is also a strict four-year limit on filing a claim, regardless of when the injury was discovered.
Because of the limited time in which a claim must be filed, it is important to seek out the assistance of a Cleveland lawyer for medical malpractice without delay. If you do not file your claim within the specified period of time, you could lose your right to legal action and be forced to pay for hefty medical bills and other losses yourself. Once hired, your lawyer can quickly get to work gathering evidence and developing your case while evidence and testimonies are fresh.
Contact Our Cleveland Medical Malpractice Attorneys Near You
Tittle & Perlmuter knows that medical malpractice can turn your life upside down temporarily or permanently. We also know how difficult it can be to stand up to healthcare providers and their legal or insurance teams. However, with our extensive experience, you can rest assured that you have a fierce advocate who can fight tirelessly for you throughout your entire case. For a free consultation with our Cleveland medical malpractice lawyers, contact our law firm today.
