Lorain County Medical Malpractice Attorneys

Protecting your best interests and maximizing your recovery

Medical malpractice claims are among the most complex cases in the legal field. These claims require a thorough understanding of Ohio medical malpractice laws, as well as the science behind the medical allegations. At The Eisen Law Firm, our Lorain County medical malpractice attorneys understand how to analyze and interpret medical records and other types of evidence to determine if and how medical malpractice occurred. Our attorneys work hard to build strong, clear cases that maximize our clients’ recovery under Ohio law.

What is medical malpractice?

Medical malpractice, also called medical negligence, is a sub-section of personal injury law that deals with people who have been injured by healthcare professionals. Just as a driver of a car can be held responsible for not using reasonable care while operating a vehicle, a doctor or healthcare professional can also be held liable for not using reasonable care while treating a patient. Medical negligence cases are much more complex than a car accident cases or other personal injury cases and are very high-stakes. There are also certain procedures that apply to medical negligence cases but not to other types of personal injury cases. Generally, those procedures make winning medical negligence cases much more difficult and expensive.

Injured patients must use expert medical testimony to prove their cases when seeking compensation in a medical malpractice claim. A patient cannot file a medical malpractice claim simply because a treatment did not work, or because the patient did not like the way a medical professional handled an injury or illness. The patient has the burden of showing that three specific factors are present. These factors are:

• The medical professional owed the injured patient a duty;
• Due to a negligent act or omission, the medical professional breached this duty; and
• Due to this breach, the injured patient suffered damages.

Each of these elements must be proven for a medical malpractice claim to proceed in Ohio. If the injured patient cannot provide evidence of one of the elements, the claim will be dismissed and the injured patient will not be entitled to any damage from the defendant medical professional. In fact, in order to even file a lawsuit, a patient must usually obtain an expert affidavit certifying the validity of the case.

Often, we at The Eisen Law Firm are contacted by potential clients who have experienced a “near miss.” A near miss is when a healthcare provider makes a mistake but the patient isn’t harmed. For example, consider a patient staying in the hospital overnight. A nurse misreads the patient’s chart and administers the wrong medication to the patient. Fortunately, the patient is not allergic to the medication and the medication does not interact with other medications that were prescribed. The patient does not suffer any complications or side effects from the medication or from the nurse’s failure to give the right medication. Although the nurse (and the hospital) had a duty to the patient to make sure only the correct medications were administered, and this duty was clearly breached, the patient would not be able to prevail in a medical malpractice claim because the patient did not suffer any damages—meaning, the patient was not harmed in any significant way—by the nurse’s actions.

What types of damages are available in a medical malpractice claim?

In a medical malpractice claim, the purpose of damages is to make the injured patient “whole” again. What types of financial loss has the plaintiff suffered in the claim? What expenses may the plaintiff have in the future? The most common types of damages include:

• Medical bills, including hospital bills, emergency room bills, anesthesiologist bills, physical therapy bills, and similar expenses
• Prescription bills
• The cost of future medical care, such as future surgeries, medications, and doctor’s visits
• Lost wages due to time missed from work
• The cost of making alterations to one’s home, such as wheelchair ramps or special beds or equipment
• Pain and suffering
• Emotional distress
• Loss of enjoyment of life
• Loss of consortium

Depending on the nature of the case, additional types of damages may also be available.

How are damages proven in a medical malpractice claim?

Every medical malpractice claim is unique. Therefore, there are various types of evidence that may be considered in a claim. Evidence may include:

• Medical records
• Medical bills
• Photographs
• Eyewitness statements
• Affidavits
• Video footage
• Depositions
• Financial documents such as tax returns and wage and benefit statements
• Expert witness reports

Depending on the case, hundreds or even thousands of pages of documents may be used to support a medical malpractice claim.

Contact leading Lorain County medical malpractice attorneys today for a free consultation

At The Eisen Law Firm, our attorneys are experienced in all types of medical malpractice claims. From the moment you hire us, we work diligently to pursue all avenues of recovery on your behalf. To schedule your free consultation with our team, call 216-687-0900 or contact us online today.