Do I Hire An Ohio Medical Malpractice Lawyer Or A Personal Injury Lawyer?

Being seriously injured due to someone’s negligence is undoubtedly a horrible experience. But when that injury is caused by the negligence of a doctor that you trusted, it can add insult to injury. Medical errors occur much more than people realize and cause a significant number of serious injuries and deaths every year.

Unfortunately, medical malpractice cases can be extremely complex, technical, and difficult to litigate and win. Innocent people who are harmed by a medical professional, and who are unaware of the nature of medical malpractice lawsuits, may not know what type of lawyer or law firm to hire. After all, there are many different kinds of law firms out there. Some firms foolishly try to handle every type of lawsuit under the sun, while others focus or specialize on specific types of cases, such as medical malpractice. For the reasons explained below, if you have been injured by a medical professional, you want a law firm that focuses their practice on suing medical providers.

Medical Malpractice Cases Are Not Your Average Personal Injury Cases

If a lawyer handles every type of personal injury case, it is extremely unlikely that attorney will be a master in a specific area, such as medical malpractice litigation. Most personal injury firms handle all sorts of cases, such as automobile accidents, slip and fall cases, defective products, pedestrian accidents, dog bites, and many other types of negligence cases. But there are very few lawyers who represent only injured plaintiffs in medical malpractice lawsuits.

Here are a few important reasons why you should not entrust your medical malpractice case to an attorney or firm that handles all kinds of personal injury cases:

• Medical malpractice cases are more complex and nuanced. A medical malpractice case is one of the most complicated types of personal injury cases. The average personal injury lawyer will deal with injuries and accidents, but a rear-end accident case is much simpler than a technical medical case that deals with cutting edge medical procedures, technology, and science. A medical malpractice attorney is well-versed on these complexities, whereas a personal injury attorney may only have a basic background in this area.
• Medical malpractice deals with unique injuries. There are usually different injuries involved in a medical malpractice case as compared to a standard personal injury case like a slip and fall or car accident. Medical malpractice cases can involve almost any area of the body and any organ of the body. You want a lawyer that has a vast amount of medical knowledge for this reason.
• Proving negligence is much harder in medical malpractice cases. The issue is whether the doctor or medical professional breached the standard of care for the situation that was presented and at the time it was presented. Medical standards of care change over time given the advancement of science, medical devices, procedures, and medicine. Proving what the standard of care is, and proving that a doctor violated that standard, can all be very difficult and can involve testimony by many different types of medical experts. Your average personal injury attorney would likely not be able to handle this type of case.
• Tighter deadlines with medical malpractice cases. Critically, in Ohio, the statute of limitations for a medical malpractice case is different from a standard personal injury case. In Ohio, you have one year from the date of the malpractice to file a claim in court (though there are nuances that may make the deadline longer). An average personal injury attorney might find it difficult to bring your case in time depending on your circumstances. A skilled medical malpractice attorney who knows the ropes can potentially work more quickly and without sacrificing quality.
• Malpractice cases can be more costly to litigate than other personal injury cases, and the average personal injury attorney might not front those costs. Pursuing any kind of lawsuit will cost money. Money is needed for filing the case, obtaining records, hiring experts, and conducting depositions. Unfortunately, medical malpractice cases can cost significantly more than the average personal injury case. So, the law firm you hire should have ample resources to pay up front litigation expenses and other costs that will be necessary to win your case. You want a law firm that will hire the best medical experts – and those experts can cost a lot of money. A standard medical malpractice case can cost well over $100,000 in litigation expenses, and that does not include attorney’s fees. Your average personal injury law firm may not be able to front those types of expenses.

Things To Consider Before Hiring A Lawyer

Here are some things to consider and ask before taking the leap and hiring a law firm:

• How does the lawyer’s education and experience relate to your case? Even if you opt for a medical malpractice lawyer, you should know whether they have handled the type of malpractice case that you might have. If they have, then they should be able to explain how their experience might make a difference in your case.
• Does the lawyer have a good reputation? There are several rating agencies (e.g. Martindale-Hubbell, Super Lawyers, Avvo) that provide objective criteria about the skills of lawyers in every state. Look into whether your lawyer has any recognition from these agencies. You could also ask the lawyer how many cases are referred to them by other lawyers. Usually, if the lawyer is very good, other lawyers will refer a substantial percentage of cases to this lawyer. Finally, check out how past clients have rated that attorney. Are clients generally satisfied with the attorney?
• What is the fee structure for legal representation? Before hiring a law firm, make sure that you understand the contingency fee structure and how much the fee will be if the case settles before trial, or settles at trial, or results in an award of damages by the jury. The fee percentages could be different depending on which point in the lawsuit a resolution occurs. Also, make sure you understand the terms regarding the litigation expenses. Litigation costs that are paid up front by the law firm are different from attorney’s fees. If you lose the case and receive no money, then you won’t have to pay attorney’s fees. But you may have to pay back the litigation expenses. Make sure you understand those terms before signing a contingency fee agreement and retaining a law firm to represent you. At The Eisen Law Firm, you pay nothing unless we win.

Medical Malpractice Injury Lawyers In Ohio

Medical malpractice lawsuits are some of the most complex legal matters in Ohio. Because of the unique nature of these claims, hiring just any personal injury lawyer means taking a big risk on your case. For you to obtain the compensation that you truly deserve, you will want to enlist a skilled medical malpractice attorney who is experienced at going up against doctors, hospitals, and insurance companies who want to offer you nothing or substantially less than your claim is worth.

When a medical professional or an institution has failed you and has left you with a lifetime of pain, you have every right to hold them accountable. The Eisen Law Firm has decades of experience helping malpractice victims in Ohio recover against negligent doctors and their practices. We will take the time to review your circumstances, help you understand your options and potential legal claims, and fight hard on your behalf to see that you get the best resolution of your matter. To discover how The Eisen Law Firm can assist you, call (216) 687-0900 or contact us online today.