Summit County Medical Malpractice Attorneys

Maximizing your compensation after an Injury

Every day, medical errors occur across the United States that injure or even kill patients. These errors occur in hospitals, in medical offices, and even in pharmacies. In fact, medical errors are the third leading cause of death in the United States. When the medical professionals we trust end up hurting us, a medical malpractice claim may be appropriate. At The Eisen Law Firm, our Summit County medical malpractice attorneys are experienced in all types of medical malpractice claims. Our attorneys focus solely on medical malpractice and negligence claims and have a long history of success obtaining maximum compensation for injured victims and families.

What is medical malpractice?

First of all, “malpractice” is just a fancy word for “negligence,” which itself is just fancy word for failure to use reasonable care. There are three primary elements to a medical malpractice claim:

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

All three elements must be present for a medical malpractice claim to proceed in the Ohio court system. Without one of the elements, the claim will fail and the injured patient will not be entitled to any damages.

Proving that the medical professional owed the injured patient a duty is generally simple. If there is a doctor-patient relationship, the doctor automatically owes the patient a duty, the duty to act with reasonable care under the circumstances. A doctor-patient relationship is formed whenever a doctor participates in a patient’s care. If a doctor sees a patient in his office or at the hospital, the relationship is established and the duty is owed. If a doctor orders a test for a patient, the relationship is established and the duty is owed. If the doctor is “consulted” on a patient – even if the doctor never meets the patient – the relationship is established and the duty is owed.

Demonstrating a breach of the medical professional’s duty to the patient is more difficult. The patient must show by expert medical testimony either: (1) that the physician did something that a reasonably careful physician would not have done; or (2) that the physician failed to do something that a reasonably careful physician would have done. The testimony must come from a practicing physician who is familiar with the “standards” in the specialty of the defendant doctor, and who is also familiar with the patient’s medical records, so that he or she can offer a solid, evidence-based opinion.

Finally, the causation and damages aspects of a case are almost always contested. The patient must show that doctor’s breach caused injury and the extent of those injuries. Injuries can be both economic (such as lost wages and medical bills, past and future) and non-economic (such as pain, suffering, loss of enjoyment of life, etc.).

Who may be liable for medical negligence?

Medical negligence claims may be appropriate in a variety of situations. They may be filed against:

• Doctors
• Nurses
• Nurse practitioners
• Dentists
• Pharmacists
• Physical therapists
• Chiropractors
• Optometrists
• Hospitals
• Medical offices

Of course, depending on the individual facts of the case, other professionals and facilities may also be named as defendants.

How long do I have to file a medical malpractice claim?

After medical malpractice occurs, it is important to speak with an experienced medical malpractice attorney as soon as possible. There are deadlines in place that limit how long an injured patient has to file a medical malpractice claim. One such deadline is called the statute of limitations. In Ohio, there is a one-year statute of limitations in medical malpractice claims. It may take several months to gather all of the medical records and other evidence necessary to file a claim. There are some situations in which an extension of time can be obtained, but there are legal pitfalls and traps that must be avoided in order to obtain such an extension. There are also different time constraints if the patient died due to the negligence. Therefore, meeting with an experienced Ohio medical negligence attorney as soon as possible is essential to protecting one’s legal rights.

Call today to meet with our experienced Summit County, Ohio medical malpractice attorneys

At The Eisen Law Firm, our Summit County medical malpractice attorneys are experienced in a variety of claims. We have obtained substantial awards in many of our cases. To schedule your free consultation with our office, call 216-687-0900 or contact us online today.