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 Cleveland medical malpractice attorneys are committed to fighting for the compensation you deserve. Medical malpractice can have devastating effects and 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.
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A Note From Allen Tittle
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.
What is Medical Malpractice?
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.
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.
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.
The Medical Malpractice Cases Our Law Firm Takes
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.
What Hospitals are in the Northeast Ohio Area?
Main Campus:9500 Euclid Ave., Cleveland, OH 44195.
Cleveland Clinic has more than 70 locations across the Greater Cleveland area, not to mention other medical centers in Lorain and Summit counties.For any questions for the hospital, you can call them at 216-444-2273.
Main Campus:11100 Euclid Ave., Cleveland, OH 44106
The main campus for University Hospitals is located in the University Circle area in Cleveland. Their main building is known as the “Cleveland Medical Center.” University Hospitals has additional locations throughout the Greater Cleveland area, and 200 locations total in the state of Ohio. Their main campus has a parking garage for patients and visitors. If you need to contact the hospital, call their main number at 216-844-1000.
Main Campus:2500 MetroHealth Dr., Cleveland, OH 44109
MetroHealth’s main campus is only a 10 minute drive from Tittle & Perlmuter’s Cleveland office. Additionally, the hospital has over 25 locations throughout Cuyahoga County. For patients and visitors, you will find a parking garage near the building, or there is street parking right in front of the building. If you have questions that the hospital can answer, call their main line at 216-778-7800.
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 216-308-1522 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.
MEDICAL MALPRACTICE FREQUENTLY ASKED QUESTIONS
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.
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.
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.
Cleveland Medical Malpractice Lawyers Fighting For Your Rights And Dignity
If you or a loved one suspect that you are a victim of medical malpractice, give us a call today for a free consultation at 216-308-1522 – it will cost you nothing to have your potential claim evaluated. We welcome the opportunity to hear your story.
Or, if you prefer, fill out our online contact form. We will respond promptly. We also offer 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!