Geauga County, Ohio Medical Malpractice Attorneys

Protecting the rights of injured victims

We trust doctors, nurses, and other medical professionals to take care of us when we have health concerns. These individuals do save lives every single day. However, there are times when medical professionals actually cause us harm. In many of these incidents, it is necessary to file a medical malpractice claim. At The Eisen Law Firm, our Geauga County, Ohio medical malpractice attorneys are experienced in all types of medical negligence claims; it is the sole focus of our practice. Our attorneys work with you through every step of your case to make sure your rights are protected and you obtain the compensation you deserve.

What must be proven in a medical malpractice case?

There are three primary elements that must be proven for a claimant to prevail in a medical malpractice case in Ohio. These are:

• The medical professional owed a duty to the claimant;
• The medical professional breached this duty by some act or omission; and
• Due to this breach, the claimant suffered damages.

Establishing that the medical professional owed a duty to the claimant is often the easiest element to prove. In fact, it is often undisputed. When a medical professional renders any care or treatment, he or she owes a professional duty to the patient. There are a few situations where this element may be disputed, such as when one doctor informally consults on the telephone with another before making a treatment decision. In such a case, the argument sometimes is made that the “consulting” doctor didn’t owe the patient a duty. Another situation where this often comes up is when a hospital tries to evade responsibility for a physician’s error by claiming the physician was an independent contractor and not the agent of the hospital.

Once a duty is established, a claimant must prove that a medical professional breached the duty to the patient. In Ohio, that proof almost always requires the testimony of a qualified medical expert. In fact, most medical malpractice cases are lost when the plaintiff’s attorney fails to obtain the necessary expert testimony. Our medical malpractice attorneys work with top-notch medical experts to establish medical negligence. For example, if a botched plastic surgery is at issue in a medical negligence claim, our medical malpractice attorneys typically consult with board-certified plastic surgeons to pinpoint precisely what errors occurred and why they occurred. The medical expert will explain how the procedure at issue properly is conducted and how the defendant doctor (or other medical professional) deviated from that standard of care.

Finally, the claimant must prove that any damages sought are directly caused by the malpractice. Our skilled Geauga County, Ohio medical malpractice attorneys gather medical records, photographs, and other types of evidence to demonstrate how the medical professional’s error led to the claimant’s injuries. For example, if the surgery resulted in an infection, which in turn resulted in the amputation of a limb, our attorneys will gather surgical records, hospital records, and other documents must be submitted that support this argument. This information will then be used by the medical experts to show that but for the medical mistake, the injury never would have occurred.

Damages in a medical malpractice claim

There are a number of different damages an injured victim may claim in a medical malpractice case. These include:

• Medical expenses
• Lost wages
• The cost of future medical care
• The cost of making alterations to one’s home, such as wheelchair ramps or stair lifts
• Pain and suffering
• Emotional distress
• Loss of enjoyment of life
• Loss of consortium
• Punitive damages and attorney fees, if there is gross negligence or the alteration of medical records

The amount of damages recovered in a claim varies significantly depending on the individual circumstances of that claim.

Time is limited to file a claim, so contact leading Geauga County, Ohio medical malpractice attorneys today for a consultation

If you or a loved one was injured by the negligence of a physician or other medical professional, you need to act quickly to protect your legal rights. Ohio limits the amount of time claimants have to file a medical malpractice case. To schedule your free consultation with the Geauga County, Ohio medical malpractice attorneys at The Eisen Law Firm, call 216-687-0900 or contact us online.