Medical malpractice can result in catastrophic injuries or wrongful death, prompting rightful lawsuits by the victims.
According to the Journal of Patient Safety, between 210,000 and 440,000 patients die as a result of medical negligence or medical malpractice each year. In other words, medical errors are the third-leading cause of death in America. They fall behind heart disease and cancer, respectively. Our Cleveland medical malpractice lawyers are ready to help the victims of these errors.
After an injury caused by a doctor or other healthcare provider, you may be entitled to recover compensation for your losses. Tittle & Perlmuter has handled numerous medical malpractice cases in Cleveland and all throughout Ohio including Cuyahoga, Lorain, Summit, Erie, Franklin, and Lucas counties. This is because our attorneys are committed to fighting for the compensation you deserve.
Medical malpractice can have devastating, lifelong effects. You will need to cover medical bills and other losses associated with injuries as a result of being a victim of medical negligence. Let us help.
What is Medical Malpractice? Allen Tittle Explains
Caption: Hey folks, Allen Tittle here; Cleveland’s the medical malpractice lawyer. One of the most common questions we get is ‘what is considered medical malpractice’ or ‘how do I know if I could sue for medical malpractice?’ Well, the answer is a little complex. The first thing that we look to is whether or not that medical professional (the doctor, the nurse, the anesthesiologist) broke the rules that others must follow. If they broke the rules then the next step we look to is was that the cause of a catastrophic injury or death? Once we have that answer we’re ready to go forward, and that’s when you can sue for medical malpractice. But it’s not quite that easy in the state of Ohio. We have to file what’s called an affidavit of Merit before we even get in the courtroom, which means that we have to have one doctor or other medical professionals sign an affidavit swearing that the other medical professional that we’re suing was negligent and that that negligence caused your damages. So, I hope that little tidbit helped answer the question of what is considered medical malpractice. But, if you have any other further questions feel free to give us a call or visit our website, thank you.
Medical Malpractice is an error on the part of health-care providers that results in an injury to a patient. Doctors, nurses, or another hospital employee can cause the injury. Medical negligence is another term for medical malpractice. To prove negligence, you must show the medical provider violated the accepted standard of care. You must also prove that this specific violation resulted in serious harm to the patient. In other words, malpractice occurs when a medical care provider fails to provide care within the requisite standard of care, which leads to injury or death.
It is important to note, however, that a poor outcome or surgical complication does not necessarily mean that medical care provider was negligent. A medical malpractice lawyer can help you determine if your health care provider did not provide acceptable care or if medical mistakes occurred.
When an unexpected death, brain injury, paralysis, loss of limb occurs, or some other type of catastrophic injury occurs under medical care, a thorough investigation should take place. Of course, someone with medical malpractice case experience should handle the investigation.
Tittle & Perlmuter has that experience. If you have been hurt or lost a loved one as a result of medical malpractice, call Tittle & Perlmuter. Our experienced medical malpractice attorneys have recovered millions of dollars for their clients and will pursue every dollar of compensation you deserve.
Think You Might Have a Case?
Download a Free Copy of Our Ohio Medical Malpractice Guide
What Types of Medical Malpractice Cases does Tittle & Perlmuter Handle?
Medical malpractice can come in a variety of forms, the effects of which can vary significantly. Typically it depends on the patient’s situation. The following are common causes of patient injury or death. Related injuries should be investigated to determine if a medical provider was negligent.
- Birth Injuries, including Brachial plexus injury (Erb’s palsy, Klumpke’s palsy, and other nerve damage), cerebral palsy and other brain damage
- Surgical Errors
- Medication Errors
- Diagnostic Errors
- Anesthesia Errors
- Emergency Room Errors
- Radiology Errors
- Failure to diagnose cancer
- Misdiagnosis of a heart attack or stroke
- Nursing Home Abuse, including bed sores (pressure ulcers), injuries from falls, and malnutrition and dehydration
- Hospital Malpractice
- failure to provide a necessary test;
- Delay in diagnosis;
- Leaving surgical instruments in the body;
- Nursing negligence;
- Inadequate staffing, training, or supervision of staff;
Medical malpractice claims can be made against any type of medical care provider including doctors, nurses, midwives, therapists, chiropractors, hospitals, clinics, and other medical providers.
However, be aware that there are strict time limits you must meet to file a lawsuit. The courts strictly enforce these complex time limits. Generally, in Ohio, there is only one year to bring a medical negligence claim, unless an exception applies. It is in your best interest to speak to an attorney as soon as possible.
When to File a Medical Malpractice Lawsuit
Caption: Hey folks, Allen Tittle here again, Cleveland’s Medical Malpractice lawyer. Another question we get from time to time is: “When do you file a medical malpractice lawsuit?” That’s not an easy question to answer, but what I’d like to sort of tell you folks is what our case criteria is for us to accept your case. So, we get a lot of calls, every single day, and we probably only accept 2-3% of the calls we take. In order for our law firm to take your case, one of the following things must have occurred: unfortunately, a loved one had passed away, some type of paralysis, a loss of a limb, a brain injury, or some other type of catastrophic injury (such as leaving a surgical instrument in your body for a long period of time). That’s the best way that I can sort of answer “when should you file a medical malpractice lawsuit?” So, if you or a loved one have suffered any of those terrible things, please give us a call or look at our website. Take care.
How Can Tittle & Perlmuter Help You or a Loved One If You Are a Victim of Medical Malpractice?
Tittle & Perlmuter prosecutes medical malpractices cases all throughout Ohio, including Cleveland and Cuyahoga County. We treat each one of our cases with extreme care. You will never feel like “just a number” when you work with us. We have access to a network of medical experts who can weigh in and share the facts of your case. Let us do the work while you focus on healing.
At Tittle & Perlmuter, we only agree to take on the most serious malpractice cases. If we agree to accept your case, we do so with the confidence that your case is genuine and that you deserve compensation due to the negligence of a medical provider. Additionally, it means that we firmly believe that we can prove these facts at trial. In other words, when our firm accepts your case, it is because we are prepared. We are ready to investigate right away. Then, we will take your case to trial if the insurance company will not settle for a fair amount.
Medical Malpractice FAQs
1. Does a poor outcome mean that medical malpractice occurred?
No. To prevail in a medical malpractice action, the plaintiff must prove that the healthcare provider was negligent. Unintended complications or side effects to a particular treatment may occur absent malpractice. For example, some types of unintended complications that can occur without malpractice are infections or bleeding.
2. Can I sue for medical malpractice?
If you suffered serious injury as a result of medical negligence, you can file suit – the same goes for family members of victims of medical negligence who have lost their lives. Further, you can bring a suit against any type of medical care provider who provided healthcare services, not just doctors. However, in the state of Ohio you have to file an affidavit of merit before going to court. This means that a doctor or medical professional must serve as an expert witness and sign an affidavit swearing that the medical professional you’re suing was negligent; and that negligence caused your damages.
3. How long do I have to file a medical malpractice lawsuit?
In the state of Ohio, generally, you have one year from the date of the negligence to bring a medical malpractice claim. However, there are several exceptions to this general rule, such as the discovery rule, termination of the physician-patient relationship, or if the victim was under a legal disability. In conclusion, it is best to contact an experienced medical malpractice lawyer to help you determine the proper statute of limitation.
4. How long will my medical malpractice case take?
In short, it depends on a number of factors, especially in light of the fact that every medical malpractice case is different. The factors that can cause the time to vary are as follows: the number of parties involved, the number of depositions and investigation needed, schedules and commitments of experts, the schedule of the court, and so on.
In some cases, a medical malpractice lawsuit results in a settlement that happens outside of court. However, when a settlement offer is not made or is not accepted by a client, then the case will go to court. When a medical malpractice claim goes to court, this is where a case is heard in front of a judge and jury. These types of cases are typically heard in a county’s Common Pleas Court.
5. How do you prove medical malpractice?
You need to prove four things for a medical malpractice claim:
- The existence of a doctor-patient relationship, i.e. there was a duty to care for the patient;
- A defined medical standard of care and proof that the medical professional deviated from that standard of care;
- The medical professional’s divergence from the standard of care resulted in an injury to the patient; and
- A catastrophic injury to the patient.
A patient-provider relationship is established when an individual seeks the help of a medical professional, and that professional agrees to see them as a patient. From that point on, the healthcare provider is legally and ethically required to provide the requisite medical standard of care to their patient.
In a medical malpractice case, attorneys call upon testimony from medical experts to define the appropriate medical standard of care, and explain how the healthcare provider at fault did not meet the standard. Other medical professionals who work in the same medical field give these expert testimonies.
6. How much does a medical malpractice lawyer cost?
Tittle & Perlmuter handles medical malpractice cases on a contingency fee basis. This means that if we are able to make a recovery on your behalf, we will collect a percentage of your award to cover legal costs. Conversely, if we are unsuccessful in prosecuting your case, you will not be responsible for any attorney fee or even the out of pocket costs incurred by my firm. For more information, please read the Tittle & Perlmuter pledge.
7. What kinds of expenses will you incur in medical negligence cases?
The costs involved in prosecuting medical malpractice cases are very high. For example, we must obtain medical records, retain, often times, a number of expert witnesses, and carry out depositions. Expenses may also involve the cost of exhibits and technology to fully demonstrate the devastating injuries that are personal to each of our clients. Depending on the case, the cost to Tittle & Perlmuter to take a medical negligence to trial often runs from $50,000 to $200,000 (and sometimes more!).
8. How much are medical malpractice case compensations?
In medical malpractice cases, the amount of compensation a plaintiff receives is intended to put an injured person back in the position they were in before the accident. There are two types of damages you can be compensated for with medical negligence.
- The first are economic damages, which means your financial losses in the form of medical bills, lost wages if you can no longer work, and lost earning capacity.
- The second are non-economic damages, which include pain and suffering, emotional distress, or loss of a loved one.
However, in the state of Ohio there is a limit, or cap, on the amount you can be compensated. The limit is placed on the non-economic damages you can receive. The payment cannot exceed $250,000 or three times the amount of economic damages you are awarded. Fortunately, this cap does not apply to wrongful death cases.
Overall, the maximum a plaintiff can receive is $350,000 per person or $500,000 for each case. An exception is that if a malpractice claim caused permanent and/or catastrophic injuries to an individual, then the cap increases to $500,000 per person or $1 million per case.
9. Do you represent doctors and hospitals?
No. Tittle & Perlmuter only represents injured persons and is committed to fighting for “the little guy.” Additionally, we do not represent any doctors or hospitals in medical negligence actions.
10. What should I do if I suspect that medical malpractice has occurred?
If you suspect that medical malpractice has occurred, do not accuse the health care providers or threaten that you are going to call an attorney. Instead, as soon as possible, contact an experienced medical malpractice attorney. Additionally, if possible, obtain a copy of your medical records for the attorney to review. Further, if the patient’s care with physician suspected of malpractice is ongoing, you may want to transfer to another hospital or health care provider.
11. Are medical malpractice cases common?
According to the Journal of Patient Safety, between 210,000 and 440,000 patients die as a result of medical negligence or medical malpractice yearly. Medical errors are the third-leading cause of death in America, behind heart disease and cancer. Medical errors injure thousands of Americans annually. Despite this high incidence of medical malpractice, statistics prove most medical malpractice goes unrecognized and unreported. Only about two percent of injured patients seeking compensation go through a lawsuit.
Call Tittle & Perlmuter Today for a Free Consultation
We do not tolerate doctors or nurses fail to follow the rules all others must follow, which is why we will fight hard for you to receive the justice and compensation you deserve. When you are ready to act, give us a call – it will cost you nothing to have your potential claim evaluated. We welcome the opportunity to hear your story.
For a free claim evaluation and consultation, call 216-285-9991 now or fill out our online contact form. We will respond promptly. We can arrange evening and weekend appointments, and we can come to you.
Don’t wait to act! Our Cleveland medical malpractice lawyers have the deep expertise, unshakable passion and history of success necessary to fight for you from the very first moment you decide to pick up the phone and call us, all the way to the best possible outcome we can earn. There is NO FEE if we don’t win, so call now!
Courts for Medical Malpractice Cases
1200 Ontario St., Cleveland, OH 44113
This court is located in the Justice Center in downtown Cleveland. The court advises you to allow for extra time to find parking because it is limited in the area. The Huntington Parking Garage is close, but pricey for a day of parking. A more affordable option is the WareHouse District Parking closer to the Flats, but you’ll have to walk a few blocks. Another option to get to the court is to take the Rapid and avoid a downtown parking cost altogether. The hours of the court are Monday – Friday from 8:30 – 4:30. If you have any questions for the court, call 216-443-8560.
209 S. High St., Akron, OH 44308
The common pleas court for Summit County is located in the downtown Akron district, near the Akron Rubber Duck’s stadium. There are several parking lots and decks available around the area, with ticket pricing ranging from $1 – $6 depending on the location and how long you stay. An idea to keep in mind is that parking is not validated by the court. The court is open Monday – Friday from 8:00 – 4:00. For any questions or directions, give the court a call at 330-643-2162.
225 Court St., 6th & 7th Floors, Elyria, OH 44035
The Common Pleas Court for Lorain County is located in downtown Elyria in the Justice Center building. Clients who are going to the court for trial can find parking at the Washington Avenue Parking Lot nearby. Court hours are Monday – Friday from 8:00 – 4:00. If you have questions on how to find the facility or what you need to know before court, call the Justice Center at 440-329-5000.
Cuyahoga County Hospitals
Main Campus:9500 Euclid Ave., Cleveland, OH 44195.
The Cleveland Clinic is one of the top medical centers in the U.S. and ranks in the top two for cardiology and heart surgery, gastroenterology and GI surgery, nephrology, rheumatology, and urology. In addition to their main campus hospital, the Cleveland Clinic has facilities in Florida, Nevada, Canada, and the United Arab Emirates.
Address: 18901 Lakeshore Blvd, Euclid, OH 44119
Euclid Hospital is part of The Cleveland Clinic Health System. The U.S. News & World Report awarded Euclid Hospital with the highest rankings in Common Adult Procedures and Conditions for Knee Replacement. The hospital has 370+ beds and offers emergency services, sub-acute care, rehabilitation and outpatient care.
Address: 18101 Lorain Ave, Cleveland, OH 44111
Fairview Hospital is part of The Cleveland Clinic Health System and was founded in 1892. It currently provides over 450 beds and is a faith-based hospital. It is fully accredited and has achieved national rankings in cardiology & heart surgery, gastroenterology, GI Surgery and Pulmonology, and has obtained the highest rankings in seven other specialties. The facilities include a birthing center, a cancer center, an emergency and level II trauma center, a heart center, and surgery.
Address: 6780 Mayfield Rd, Mayfield Heights, OH 44124
Hillcrest hospital is a comprehensive-care hospital and is part of the Cleveland Clinic Health System. It has been nationally recognized as one of America’s 100 Top Hospitals over 10 times and has 500+ registered beds. The facilities include both adult and pediatric emergency departments, a family maternity center, the Cleveland Clinic Neurological Institute, cardiac services, cancer care, and more.
Address: 1730 W 25th St, Cleveland, OH 44113
Lutheran Hospital is an acute-care facility with specialties in orthopaedics and spine, behavioral health, and chronic wound care. It is part of the Cleveland Clinic Health System and has won awards in leadership and key quality measures. Lutheran Hospital provides 203 beds and is located conveniently close to downtown, fine dining, and shopping in Ohio City.
Address: 12300 McCracken Rd, Garfield Heights, OH 44125
Marymount Hospital is a member of The Cleveland Clinic Health System and is an acute-care hospital with 315 registered beds. Occupying 26 acres, the campus includes a medical office building, a behavioral health center, a critical care tower, and an award-winning surgery center. Marymount has achieved the highest rankings in heart failure, colon cancer surgery, and chronic obstructive pulmonary disease.
Rainbow Babies and Children’s Hospital
Address: 11100 Euclid Ave, Cleveland, OH 44106
Rainbow Babies & Children’s Hospital is a part of the University Hospitals Case Medical Center and was founded in 1906. The hospital offers treatment in a variety of areas including cancer, heart disease, cystic fibrosis, metabolic disorders, and specializes in high-risk and premature newborns.
South Pointe Hospital
Address: 20000 Harvard Rd, Warrensville Heights, OH 44122
South Pointe Hospital is a Cleveland Clinic Hospital and is recognized for achieving the highest rankings in Gastroenterology & GI Surgery, Neurology & Neurosurgery, and Heart Failure and Chronic Obstructive Pulmonary Disease. The hospital has 173 registered beds and is ranked as one of the Top 10 hospitals in Cleveland.
Southwest General Health Center
Address: 18697 Bagley Rd Bldg C, 310, Middleburg Heights, OH 44130
The Southwest General Health Center is a partner of University Hospitals and is a certified level III trauma center as well as a primary stroke center. With a 354-bed capacity, the services Southwest provides include behavioral health, cancer care, emergency services, heart & vascular, neurosciences, and more.
St. John Medical Center
Address: 29000 Center Ridge Rd, Westlake, OH 44145
St. John Medical Center is an acute care hospital and is part of the University Hospitals community. The facilities are located in Westlake, Ohio and has 221 registered beds along with an emergency department. St. John provides a variety of services including a heart center, ob/gyn, orthopaedics, behavioral health, comprehensive ancillary, and support services.
St. Vincent Medical Center
Address: 2351 E 22nd St, Cleveland, OH 44115
St. Vincent Medical Center is Cleveland’s first and only downtown hospital. The Medical Center houses the award-winning Spine and Orthopedic Institute and Center for Bariatric Surgery. Open in 1865, St. Vincent’s provides cardiovascular, emergency medicine, primary care, occupational health, behavioral health, and addiction medicine services.
University Hospitals Ahuja Medical Center
Address: 3999 Richmond Rd, Beachwood, OH 44122
The UH Ahuja Medical Center is situated on 53 acres and is designed to be one of the safest and technologically advanced community hospitals in the U.S. UH Ahuja currently houses 144 beds on seven floors but has plans to grow to 600 beds. The hospital provides a full range of services with an emphasis on overall wellness and preventive medicine.
University Hospitals Bedford Medical Center
Address: 44 Blaine Ave, Bedford, OH 44146
University Hospitals Bedford Medical Center is a campus of UH Regional Hospitals, housing 88 full service beds. The facilities include the Harrington Heart & Vascular Institute, an MRI Suite, and a Wound Care and Hyperbaric Medicine Center. UH Bedford specializes in cardiovascular medicine, family medicine, female pelvic medicine, gastroenterology, general surgery, gynecology, internal medicine, neurology, ophthalmology, orthopedics, pain management, pulmonology, urology, and wound care.
University Hospitals MacDonald Women’s Hospital
Address: 11100 Euclid Ave, Cleveland, OH 44106
University Hospitals MacDonald Women’s Hospital is the only hospital in Ohio dedicated specifically to women’s health. It’s ranked as one of America’s Best for Gynecology by U.S. News & World Report and is a leading center in women’s health research. There are over 10 specialty programs and clinics offered onsite including family planning center, pregnancy diabetes boot camp, menopause clinic, and more.
University Hospitals Parma Medical Center
Address: 7007 Powers Blvd, Parma, OH 44129
University Hospitals Parma Medical Center offers acute and sub-acute inpatient care, specializing in acute rehabilitation, bariatric surgery, cancer, heart and vascular, orthopaedics, pain management, and robotic surgery. UH Parma Medical Center is a preferred partner for all major managed care plans and offers a full spectrum of services.
University Hospitals Richmond Medical Center
Address: 27100 Chardon Rd, Richmond Heights, OH 44143
University Hospitals Richmond Medical Center is a full-service teaching hospital, offering 125 beds in the facility. The Medical Center offers more than 30 specialties from over 100 physicians and hundreds of nurses to serve the community.
University Hospitals Seidman Cancer Center
Address: 11100 Euclid Ave, Cleveland, OH 44106
University Hospitals Seidman Cancer Center is located on the main campus of University Hospitals Cleveland Medical Center in Cleveland, Ohio. UH Seidman Cancer Center opened in spring 2011 and offers the latest treatment protocols and the most advanced technology in the industry. The 375,000-square-foot hospital houses a resource center with a full-time librarian and computers, The Schneider Healing Garden, a meditation room, and the Wolfgang Puck Cafe.
University Hospitals Cleveland Medical Center
Main Campus:11100 Euclid Ave, Cleveland, OH 44106
University Hospitals Cleveland Medical Center is ranked among the nation’s best in 8 different children’s specialties. The facilities include The Alfred and Norma Lener Tower, the Samuel Mather Pavillion, Lakeside Hospital for adult medical/surgical care, UH Rainbow Babies & Children, UH MacDonald Women’s Hospital, UH Seidman Cancer Center, and University Psychiatric Center. It’s an affiliate of Case Western Reserve University and provides 1,032 beds in-house.
Main Campus:2500 MetroHealth Dr., Cleveland, OH 44109
MetroHealth’s main campus is only a 10 minute drive from Tittle & Perlmuter’s Cleveland office.The MetroHealth System is one of the three major healthcare systems in Cleveland, founded in 1837. The facilities include a Level I Adult Trauma Center, a Level II Pediatric Trauma Center, and is one of the only verified burn centers in Ohio. MetroHealth established its Metro Life Flight air ambulance service in 1982 and has since completed over 90,000 medical missions, training crews from all over the world.