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Questions from the Average Joe: Medical Malpractice

April 22, 2020

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We are asked many questions about medical malpractice. Zachary Belcher is our Intake attorney at Nurenberg, Paris, Heller & McCarthy and is here to answer those questions.

Q: How much time do I have to file a medical malpractice lawsuit?

A: In Ohio, there is generally a one-year statute of limitations on a medical malpractice lawsuit, but many factors can change exactly how long you must bring your case. The only way to know for sure is to speak with a personal injury attorney about the facts of your case. Even if you think it might be too late, a qualified personal injury attorney can discuss the specifics of your case, so you know for sure.

Q: Is there a difference between medical negligence and medical malpractice?

A: Though “malpractice” might sound like a higher degree of negligence, under Ohio law it’s simply the word used for negligent acts committed by licensed professionals. There is not a separate claim for medical negligence apart from medical malpractice. Even so, medical malpractice claims are often highly complex and technically intricate. If you think you might have a medical malpractice claim, it is always best to seek the advice of an experienced attorney who knows how to navigate their multi-faceted and often confusing complexities.

Q: My doctor prescribed me a medication and I had a bad reaction. Can I sue the doctor or the drug manufacturer?

A: There is certainly a possibility that you may have a case, but it depends on the details of your situation. As a rule, you cannot sue for known side-effects from drugs, but reality is not often so clear-cut. If you have an allergic reaction to a drug your doctor should have known you were allergic to, you may have a medical malpractice case. If the side-effects you experienced are not listed side-effects, you may have a product’s liability case against the manufacturer. For example, in recent years, several well-known, broadly used medications have been linked to certain types of cancer. Additionally, if your reaction was due to a drug interaction your pharmacist should have caught, you may have a case against the pharmacy. If you have been injured by a medication your doctor prescribed, your best option is to contact an experienced attorney who can evaluate all the potential claims you may have.

Headshot of Zachary Belcher, Intake Attorney at Nurenberg, Paris, Heller & McCarthyGet to Know

Zachary Belcher joined Nurenberg, Paris, Heller & McCarthy and ensures that every individual who contacts the firm receives outstanding service and support throughout the intake process.

Zack graduated from Cleveland-Marshall College of Law in 2015 and has handled more than 500 injury cases for clients injured in automobile accidents. He understands the stressful and life-altering situations clients face before seeking a personal injury attorney.

Contact Our Cleveland Medical Malpractice Attorneys

Healthcare providers occasionally make mistakes. Proving that those mistakes were due to negligence—or failure to act with reasonable care—can be difficult. The Cleveland medical malpractice at Nurenberg, Paris, Heller & McCarthy ca help you determine who was at fault for your injury. We have years of experience as trial attorneys, and we will stand up to the hospital and doctors who injured you. Call us today at (216) 230 – 6352 or complete a free initial consultation form.

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