Cuyahoga County Medical Malpractice Attorneys

Providing high-quality legal representation to injured victims

We trust our medical professionals to make sound decisions regarding our medical care. We expect them to review carefully our medical records and use approved techniques in surgery and other procedures. Frighteningly, though, medical errors are the third leading cause of death in the United States, outranked only by heart disease and cancer. When doctors and other medical professionals make errors that injure or even kill patients, Ohio law provides remedies that allow these patients or their families to recover damages. At The Eisen Law Firm, our Cuyahoga County medical malpractice attorneys are experienced in all types of claims and work very hard to obtain for our clients the maximum compensation available under the law.

Elements of a medical malpractice claim

To prevail in a medical malpractice claim, the injured party must show:

• The defendant medical professional owed a duty to the injured party;
• This duty was breached; and
• Due to that breach, the injured party was harmed.

Establishing the duty typically is not difficult, so long as there is evidence showing that the doctor or hospital agreed to evaluate or treat the patient. This element in most cases is not disputed.

Proving a breach of the duty the medical professional owed to the injured party is substantially more difficult. Medical experts are usually hired to study the injured party’s medical records to pinpoint what the medical professional should have done differently. For example, was a patient showing signs of a brain bleed, yet the medical professional failed to order a brain scan in a timely manner?

Medical experts may also be hired to demonstrate how the breach caused the injured party’s harm. These experts will explain how the medical professional’s actions (or inaction) set in motion the events that ultimately injured the patient.

Each of these elements must be proven in a medical malpractice claim. If one of the elements is not supported, the claim will fail.

Damages in a medical malpractice claim

If the injured party successfully demonstrates the elements above in a medical malpractice claim, he or she may be entitled to the following types of damages:

• Medical bills, including surgical bills, emergency room bills, physical therapy bills, chiropractor bills, and others
• Lost wages and benefits, including future promotions and raises
• The cost of future medical, surgical, and nursing care
• The costs of changing one’s home to accommodate the injured victim (wheelchair ramps, lifts, widened doorways, etc.)
• Emotional distress damages
• Loss of consortium
• Pain and suffering
• Punitive damages, if the conduct is sufficiently egregious, or if the medical records have been altered to avoid liability

Other types of damages may also be available, so long as the claimant proves the link between the medical error and the damages sought.

Medical malpractice claims are complex

To prevail in a medical malpractice claim, injured victims need the expertise and guidance of skilled medical malpractice attorneys. These attorneys possess knowledge of the medical malpractice laws of Ohio and understand the complex processes within the human body as well. Moreover, they are (or should be) able to understand the medicine in depth and to explain it to a jury unfamiliar with the applicable medical concepts.

In addition, there are numerous deadlines involved in medical malpractice cases. For example, injured victims generally have one year to file a medical malpractice claim in Ohio. There are other deadlines involving the exchange of evidence, filing motions, and other legal matters. Without an attorney, a claimant may lose the right to file a legal action against the medical professional that caused the injury.

The Eisen Law Firm is recognized for its dedication to medical negligence claims

At The Eisen Law Firm, our Cuyahoga County medical malpractice attorneys are devoted to you, our clients, and securing the best possible outcome for you and your family. We work hard to ensure that you are fully and fairly compensated for your injuries. To schedule a free consultation with our attorneys, call 216-687-0900 or contact us online today.