Cleveland Medical Malpractice Attorney
What Is Medical Malpractice?
A claim of medical malpractice is a claim against a health care provider for the
failure to provide reasonable care under the standards established by the medical
community. There are three essential elements to prove a medical malpractice claim
in Ohio.
One, there must be a relationship between the health care provider and the patient.
Two, there must be a departure from accepted standards of care established by the
medical community. Three, the patient must prove the departure from these accepted
standard cause him or her harm. Hospitals, physicians, and other health care providers
are also responsible for the actions of their employees. In a malpractice claim,
an expert must testify that the care rendered fell below the accepted standards
and as a result the patient was harmed.
Unfortunately
there are times when the firm must sometime decline a case despite obvious evidence
of medical malpractice. These include cases where there are minimal injuries, the
end result of the patient’s condition was not changed, or th
e case is beyond the
time limit for filing a medical malpractice claim.
Additionally, the Ohio
State Legislature has recently passed laws which discourage the pursuit of medical
malpractice claim by making them more difficult to win and by limiting, in many
cases, the amount of compensation to the injured patient.
Process of a Medical Malpractice Case
Potential medical malpractice cases are received by telephone inquiries, e-mail
inquiries, and referral from other law firms. The initial information is evaluated
internally by the attorneys. If the cases warrant further investigation, the client
meets with one or more members of the legal team. During the initial investigation
phase, all pertinent medical records and other materials are obtained from the treating
health care providers. Medical research is performed and the medical materials are
sent to one or more medical experts to review various aspects of the potential case.
If the medical experts find medical malpractice, the case is filed with the court
and the process of discovery begins. It is during this time there is an exchange
of information between both sides of the case. Depositions are taken of the clients,
the accused and the experts. A trial date is set and there may be an attempt to
resolve the case by mediation between the parties. If the case cannot be resolved,
the case is heard before a jury to determine the merits of the patient’s claim.
Once the jury announces its verdict in open court the case is resolved either favorable
for the patient or favorable for the health care provider. This process may take
up to two years or more to complete.
What To Do If You Feel You Have a Case?
If you feel you have the basis for a medical malpractice claim it is important for
you to consult with one of our medical malpractice attorneys immediately because there are limitations on how
long you have to file a claim. This varies from state to state but currently
in the State of Ohio it is one year. An attorney is the best person to determine
if you are beyond the time to file a claim. Call an experienced medical
malpractice attorney toll free at (800) 562-7438. Calls answered 24 hours
a day.