When a health care professional makes a mistake, the cost can be very great—from a permanent disability to death. The Cleveland malpractice lawyers at Friedman, Domiano and Smith believe we need to hold healthcare providers accountable when they are careless.
To find out if you have a medical malpractice lawsuit, call us today and speak to a lawyer at our firm about your claim. There are no upfront fees if we agree to handle your case and your initial consultation with a lawyer is free.
Frequently Asked Questions About Medical Malpractice
If you are considering hiring a medical malpractice lawyer, you may have questions. We answer your most frequently asked questions about medical malpractice below.
Does a Statute of Limitations Exist for a Medical Malpractice Case?
The statute of limitations in the state of Ohio has been changing, but it is a one year statute of limitations. It is very short. The legislature in Columbus has made it short because they succumb to the insurance agency and they fund their campaigns and they make the statute short so people miss them.
The key to all of this is come to us first if you believe you have an injury from a medical malpractice. We will be able to tell you at least if we can get a claim going for you once we look, of course, at the records and a physician reviews them and gives us a recommendation.
What Types of Damages Can I Expect to Recover From a Medical Malpractice Case?
You can recover from a medical malpractice case for whatever injury you have. For example, if you’re paralyzed in one arm and you’re unable to do your prior employment because you’re a plumber — you are going to have a loss of income and revenue. Then you have got to be re-trained. Your compensation should include all of those elements, as well as your pain and suffering.
How can a Patient Prove That Medical Malpractice Took Place in Order to Have a Case?
The only way a patient can prove that medical malpractice took place is by using a physician. In Ohio you must have a doctor testify. The attorney has to go out and first get an affidavit of merit before you file suit. That means the doctor looked at it and believes there’s a case.
Then you get a specialist in the field and have that specialist look at the case at which point he or she can come in and write a report and testify both in deposition, which is before the actual trial, and of course at trial if the case is not settled.
What is Medical Malpractice?
Medical malpractice is the departure of the standard of care for a medical procedure. There is specific protocol that a doctor, physician or medical specialist must maintain. If they deviate from those protocols and injure you or a loved one then they should be held liable for the damages caused. Medical malpractice cases involve understanding whether or not a deviation of the standard of care took place.
How do I Know if I Have a Medical Malpractice Case?
In Ohio, you must have a doctor, physician, or specialist look at your injury and believe there is a case before you can bring a lawsuit. Your attorney can assist you in this process. Watch our video about how a patient can prove medical malpractice took place.
What if Medical Malpractice Results in Death?
In Ohio, when medical malpractice occurs and results in death you have a two year statute for wrongful death, compared to only one year if the injury was not fatal. This is why it is so important to not wait and connect with a medical malpractice lawyer as soon as possible.
What Does a Medical Malpractice Case Involve?
A medical malpractice case is a generic term. Medical malpractice involves the departure of the standard of care that is necessary for whatever procedure you are going through.
The departure from the standard of care means that there’s certain protocol and the doctor has departed from those protocols and, because of that departure from the standard of care, has injured you and because of that injury he or she should be liable for the damages caused.
Of course the doctor has insurance, whether it be the Cleveland Clinic, University Hospital, or any other hospital throughout the state of Ohio, they of course have insurance which covers the damages.
Learn about the specific areas of medical malpractice
Our History of Success
We feel our success in medical malpractice cases in Ohio is based on our defined approach to each case, which includes a thorough investigation of hospital records, a full review of medical documents and ongoing consultations with leading experts in the medical field. Read about our medical malpractice verdicts and settlements