At Tittle & Perlmuter, our Cleveland hospital error lawyers are skilled, knowledgeable, and high-level advocates for justice. We hold negligent hospitals accountable for harming patients. If you or your loved one suffered an injury due to a hospital error, our legal team is more than ready to help. Contact us at our Cleveland office today for a free consultation with a top-tier Ohio medical malpractice lawyer.
Medical Error in Cleveland Hospital Need Attorney: What Comes Next
When a person goes to a hospital, he or she needs immediate, high quality care. A hospital error is a very serious matter that can put a patient at serious risk. Notably, a study cited by the National Institutes of Health (NIH) estimated that as many as a quarter of a million people in the U.S. die due to medical errors annually. Many of these mistakes occur in hospital settings. If you or your loved one was the victim of a hospital error, you need to be proactive. Here are four steps to take:
- Document Everything: Keep detailed records of all medical appointments, treatments, and interactions with healthcare providers related to the error.
- Seek a Second Opinion: Consult another medical professional to assess the extent of the harm caused by the error and document their findings.
- Report the Incident: Notify the hospital administration of the error. Filing a formal complaint can initiate an internal review and is an essential step in the legal process.
- Contact an Attorney: Do not go it alone. Before you give a statement to an insurance company, consult with an experienced Cleveland hospital negligence lawyer.
Know the Most Common Hospital Errors
Hospital errors can take a wide range of different forms. The core commonality that most of these mistakes share is that they could and should have been prevented with proper care. Some of the most common examples of hospital errors in Cleveland include:
- Medication Errors: Prescription drug mistakes occur when patients receive the wrong medication, incorrect dosage, or medications at improper intervals. These errors can result from miscommunication, mislabeling, or pharmacy dispensing errors.
- Surgical Errors: Also known as “never events,” these mistakes include operating on the wrong body part, performing the wrong procedure, or leaving surgical instruments inside a patient. They are almost always medical emergencies.
- Diagnostic Errors: Misdiagnosing a patient’s condition, delayed diagnosis, or failure to diagnose can prevent the patient from receiving necessary treatment. The most common type of medical malpractice, many diagnostic errors occur in hospital settings.
- Hospital-Acquired Infections (HAIs): Patients can acquire infections in a hospital setting, such as MRSA or C. difficile. These infections can occur due to improper sterilization practices, inadequate handwashing, or contaminated instruments.
- Fall Injuries: Patients—especially the elderly or those with mobility issues℄can suffer falls resulting in fractures or serious injuries. These incidents often occur due to poor supervision, inadequate safety measures, and/or the failure to provide mobility aids.
- Laboratory Errors: Mistakes in lab testing, such as mixing up samples, incorrect test results, or failure to report findings, can lead to misdiagnosis or an inappropriate treatment plan. Hospitals must ensure that all laboratory testing is done the right way.
Hospital Error Liability in Ohio
A hospital is not automatically liable for malpractice simply because a patient had an adverse outcome after seeking/receiving care. Instead, these are generally medical malpractice claims. In Ohio, determining liability for a hospital error involves establishing that a healthcare provider deviated from the standard of care and, as a consequence, caused harm to the patient. Hospitals can
be held directly liable for their own negligence, such as administrative failures or inadequate staffing. They can also vicariously liable for the actions of their employees or contractors, such as a nurse who works at the facility or a doctor who has admitting privileges.
To prove liability, the plaintiff must demonstrate that the hospital’s or provider’s negligence directly caused the injury. Expert testimony is typically required to clarify medical standards and causation.
All hospital errors should be investigated by a qualified Cleveland medical malpractice attorney.
We Help Malpractice Victims Fight for the Maximum Compensation
Were you the victim of a hospital mistake in Cleveland? You need compensation to pay bills and cover your damages. To start, your compensation will include your actual, tangible economic damages—such as medical bills, future medical costs, lost wages, and loss of earning power. Medical malpractice insurance companies must be held accountable.
You also have the right to seek compensation for non-economic damages, including pain and suffering and long-term disability. In Ohio, non-economic damages are capped by law in a medical malpractice case. The cap is $250,000 or three times the total of your economic damages, whichever amount is greater. The total cap of non-economic medical malpractice damages is $350,000 per claimant for most claims and $500,000 for catastrophic/permanent injuries.
How Our Cleveland Hospital Mistake Lawyer Can Help
A mistake by a hospital can cause serious, even life-threatening medical complications. At Tittle & Perlmuter, we hold negligent hospitals in Cleveland, Cuyahoga County, and elsewhere in Northeast Ohio accountable. Our client testimonials and case results tell the story best. More specifically, our Cleveland medical malpractice attorneys are prepared to:
- Review your case and explain Ohio’s medical malpractice laws;
- Carefully investigate your case, gathering relevant evidence;
- Consult with qualified expert witnesses to support your claim;
- Handle any settlement negotiations with medical malpractice insurers; and
- Develop a personalized strategy focused on securing the best possible outcome.
Hospital Errors in Cleveland: Frequently Asked Questions (FAQs)
When is a Hospital Error Medical Malpractice?
In Ohio, a hospital error is medical malpractice when it happens because of negligence and it causes harm to a patient. To bring a successful claim, a patient must prove that the hospital (or its employees) failed to act as a competent professional under similar circumstances.
What is the Statute of Limitations for a Hospital Error Claim in Ohio?
In Ohio, the statute of limitations for filing a hospital error claim is generally one year from the date the patient discovers, or reasonably should have discovered, the injury. However, this period can be extended under certain circumstances—such as when the error was initially concealed or the patient was a minor at the time of the incident. A lawyer can help you understand the deadline.
Do I Need an Expert Witness to Bring a Hospital Error Malpractice Case?
Yes. An expert witness is typically required to bring a hospital error malpractice case. Under Ohio law, a qualified expert witness must submit an “Affidavit of Merit” attesting that you have a facially valid claim. A Cleveland malpractice lawyer can connect you with the right expert witness.
Contact Our Cleveland, OH Hospital Error Attorneys for a Free Case Review
At Tittle & Perlmuter, our Cleveland medical malpractice lawyers take on the full range of hospital error cases. Were you or your loved one hurt due to a hospital error? We are more than ready to help. Contact us today to schedule a free case strategy session.
