Medical Malpractice Attorneys Beachwood Ohio
We focus on finding answers and seeking justice for your injuries
Victims of medical malpractice are often devastated. When a patient suffers injury due to the negligence of a trusted medical professional, the harm usually is both physical and emotional. Affected patients must not only recover from injuries they did not anticipate, but they must also begin the process of filing a legal claim against a medical professional they trusted. The injuries from medical negligence may be permanent or even deadly. At The Eisen Law Firm, our Beachwood medical negligence attorneys provide aggressive, compassionate representation for victims of medical malpractice.
What is required in a medical negligence claim?
In Ohio, there are three parts to a medical negligence claim:
- The defendant owed the plaintiff a duty;
- The defendant breached that duty with a negligent act or omission; and
- Due to that breach, the plaintiff suffered damages.
Of course, all medical professionals have a duty to act reasonably careful under the circumstances when diagnosing and treating patients. This element is typically established easily, provided that there is evidence showing that the defendant evaluated or rendered care and treatment to the patient.
The most contested issues in a medical negligence claim are whether the duty was breached and whether the breach led to the plaintiff’s injuries.
To prove a duty was breached, the plaintiff’s medical negligence attorney must establish the standard protocol for the procedure in question and must show how the medical professional deviated from the accepted standard of care. For example, in a surgery, did the surgeon use an outdated surgical technique? Did the surgeon fail to properly monitor the patient’s condition? Did a nurse fail to check a chart before administering a medication?
To establish causation, the plaintiff’s medical negligence attorney must provide evidence of a link between the incident and the injuries. For example, if a surgeon nicked a patient’s colon during a surgery, the plaintiff must provide medical records, bills, and expert testimony showing that the subsequent infection was caused by that surgical error.
Evidence considered in a medical negligence claim
There are many types of evidence considered in a medical negligence claim. These include:
- Medical records
- Medical bills
- Employment records (to show lost wages)
- Journal entries
- Video footage
- Home contractor invoices (if the plaintiff needed a wheelchair ramp or other alterations made to the home)
- Authoritative medical articles, journals, and textbooks
- Testimony from medical experts
- Testimony from medical witnesses
- Testimony from lay witnesses, including “lay experts,” who can talk about how the injury has changed the patient’s life
These are just a few examples of the evidence that may be considered in a medical negligence claim to support the damages the victim is seeking.
Possible defendants in a medical negligence case
Most people assume that medical negligence claims are limited to medical doctors. However, essentially any medical professional may be sued for medical negligence if that professional’s actions caused an injury. Common medical negligence defendants include:
- Medical doctors
- Physical therapists
- Nurse anesthetists
- Urgent care centers
- Nursing homes
Medical negligence cases often involve numerous defendants that participated in some way in the care of the plaintiff.
Ohio laws restrict how long injured patients have to file a claim, so contact our skilled Beachwood medical malpractice attorneys today for guidance
In Ohio, there is generally one year to file a medical negligence claim. But there are exceptions to this rule and determining in a specific case when the one-year period began to run can be difficult. Moreover, if proper steps are taken, this time limit can be extended. At The Eisen Law Firm, we understand that time is of the essence in these claims and begin working as quickly as possible on your case. To schedule a free consultation with our experienced Beachwood medical negligence attorneys, call 216-687-0900 or contact us online today.