We entrust our health and lives to the healthcare system and expect medical treatment to improve health conditions, even viewing our doctors as trusted extended family members.
Healthcare workers can make catastrophic mistakes. Medical malpractice is a profoundly distressing and life-altering experience that can obliterate your sense of trust and well-being.
When these trusted professionals make careless mistakes, it can cause serious harm. It’s not just about physical injuries. It can also hurt us mentally and emotionally. These feelings can linger for a long time and affect other areas of life.
Getting help from an experienced Chagrin Falls medical malpractice attorney is important for healing. Our team is here to stand by you during this tough journey and fight for the justice you deserve.
Why Choose Our Chagrin Falls Medical Malpractice Lawyers
When facing a medical malpractice situation, exceptional representation can make a difference. At Crandall & Pera Law, Steve Crandall and Marc Pera, along with their team of skilled attorneys, stand out as the ideal choice for your legal needs.
Steve Crandall brings nearly 30 years of experience in Kentucky, Ohio, and several Federal Courts. He’s renowned for his investigative skills, client-centered approach, and relentless pursuit of justice.
His extensive legal network allows him to uncover the truth and secure substantial settlements and verdicts. His unique background as a former defense lawyer sets Steve apart, giving him valuable insight into how the other side operates.
Marc Pera complements the team perfectly with his insurance defense background, legal recognition, and community engagement. He manages Crandall & Pera Law’s Cincinnati and Dayton offices, representing clients throughout Ohio and Kentucky.
Crandall & Pera Law boasts other skilled attorneys who contribute their skills and talents to provide comprehensive legal services.
When you choose Crandall & Pera Law, you get a team of experienced and dedicated lawyers who will fight for your rights and seek justice on your behalf. Steve Crandall, Marc Pera, and their team’s unique perspectives and proven results make them the top choice for your legal needs.
Understanding Medical Malpractice
Medical malpractice is legalese for when healthcare providers or medical institutions, including doctors, nurses, hospitals, surgeons, or clinics, fail to deliver the expected standard of care to a patient, resulting in harm or injury.
Misdiagnosis, surgical blunders, medication errors, substandard treatment, inadequate patient risk communication, or insufficient post-treatment care are all examples of medical malpractice.
A valid claim requires:
- Duty: The healthcare provider must provide a certain level of care to the patient.
- Breach of Duty: The provider deviates from the accepted standard of care, failing to meet what a competent medical professional would do under similar circumstances.
- Causation: The breach of duty directly leads to harm or injury to the patient.
- Damages: The patient experiences physical, emotional, or financial harm due to this negligence.
Medical malpractice cases usually need expert testimony and detailed documentation to substantiate negligence claims. Patients who believe medical malpractice is the cause of their suffering can pursue legal action to seek compensation for their losses, including medical expenses, lost income, pain and suffering, and related damages.
Medical malpractice laws differ depending on the area. Seeking guidance from a legal professional with experience in medical malpractice can be the ticket to a bigger settlement.
What types of Medical Malpractice Cases Can We Represent?
Medical malpractice encompasses various types of errors and negligence within the healthcare industry.
Here are some common types of medical malpractice:
- Misdiagnosis or Delayed Diagnosis: This occurs when a healthcare provider fails to diagnose a medical condition correctly or takes an unusually long time to do so, leading to delayed treatment or mismanagement of the condition.
- Surgical Errors: Surgical malpractice involves mistakes made during surgery, such as operating on the wrong body part, leaving surgical instruments inside the patient, or making procedural errors that cause harm.
- Medication Errors: Medication malpractice occurs when healthcare professionals make mistakes in prescribing, administering, or monitoring medication, leading to adverse effects or harm to the patient.
- Anesthesia Errors: Errors related to anesthesia administration can lead to complications during surgery, including overdose, allergic reactions, or inadequate sedation.
- Birth Injuries: These occur during childbirth and may result from medical negligence, including injuries to the mother or the baby. Common birth injuries include cerebral palsy, Erb’s palsy, and brachial plexus injuries.
- Hospital-Acquired Infections: Negligence in maintaining cleanliness and hygiene in hospitals can lead to patients acquiring infections they didn’t have before admission.
- Failure to Obtain Informed Consent: If a healthcare provider fails to adequately inform a patient about the risks, benefits, and alternatives of a medical procedure or treatment, and the patient suffers harm, it may constitute malpractice.
- Nursing Home Neglect or Abuse: This involves the mistreatment or neglect of elderly or vulnerable residents in nursing homes, leading to physical or emotional harm.
- Emergency Room Errors: Mistakes made in emergency room settings, such as misdiagnosis or delays in treatment, can have severe consequences due to the critical nature of many ER cases.
- Radiology and Imaging Errors: These errors include misinterpretation of X-rays, MRIs, or other diagnostic images, which can result in delayed or incorrect treatment.
- Inadequate Follow-Up Care: If a patient is discharged without appropriate follow-up instructions or is not monitored adequately after treatment, it can lead to complications and potential malpractice claims.
- Dental Malpractice: Dentists can commit malpractice if they make errors during procedures or fail to diagnose and treat oral conditions correctly.
These are just some examples of medical malpractice situations. Each case is unique, and the specific circumstances will determine whether malpractice occurred.
If you believe you’ve been a victim of medical malpractice, it’s essential to consult with a qualified medical malpractice attorney to assess the merits of your claim.
Does My Case Qualify as Medical Malpractice?
Determining if your case qualifies as medical malpractice involves several key elements. While I can provide general guidance, consulting with an experienced medical malpractice attorney who can evaluate your situation is crucial.
Here are the basic criteria to consider:
- Doctor-Patient Relationship: The first requirement is that a doctor-patient relationship existed, meaning that you must have been under the care of a healthcare professional.
- Standard of Care: Medical malpractice cases hinge on whether the healthcare provider breached the standard of care. The standard of care is the level of care and treatment that a competent healthcare provider in the same specialty should reasonably provide in similar circumstances.
- Breach of Standard of Care: To prove malpractice, you must show that the healthcare provider deviated from the standard of care. This could involve demonstrating that their actions were negligent or made errors that a competent professional would not have made.
- Causation: You must show that the healthcare provider’s actions, or lack thereof, directly caused your injury or worsened your condition.
- Damages: You must have experienced actual harm or damages due to the healthcare provider’s negligence. Damages can include physical injuries, emotional distress, additional medical expenses, lost wages, or other losses.
- Expert Testimony: Medical malpractice cases often require expert testimony from healthcare professionals who can provide insights into the standard of care and how it was breached in your case.
What Is Ohio’s Medical Malpractice Statute of Limitations?
Medical malpractice claims have a statute of limitations, the time limit within which you must file a lawsuit. The time frame varies by state, so consult an attorney promptly to meet the deadline.
Ohio typically gives you one year to file a lawsuit. Ohio law allows for a discovery rule, which means that the one-year clock starts when the patient discovers or should have reasonably discovered the injury or malpractice.
Ohio has a statute of repose that sets a maximum time limit of four years from the date of the alleged malpractice, regardless of when the injury was discovered. This means that even if you didn’t discover the malpractice until after four years, you generally cannot bring a medical malpractice lawsuit.
Statutes of limitations can change, and details may vary depending on the circumstances. Consult with an experienced medical malpractice attorney in Chagrin Falls who can provide you with the most up-to-date information and guidance. They can determine the applicable deadlines and take the necessary steps to protect your legal rights.
How Can a Medical Malpractice Lawyer Help?
A medical malpractice lawyer can provide invaluable assistance if you believe you’ve been a victim of medical negligence.
Here are ways in which they can help:
- Case Evaluation: A medical malpractice attorney will assess the merits of your case, examining medical records, consulting skilled professionals, and determining whether there is a valid claim.
- Legal Know-How: These attorneys understand medical malpractice laws and regulations in Chagrin Falls. They know how to navigate the complex legal landscape specific to medical negligence cases.
- Gathering Evidence: Your attorney will gather all necessary evidence to support your case, including medical records, professional opinions, and witness testimonies. They will work to build a compelling case on your behalf.
- Medical Expertise: Medical malpractice lawyers often have access to a network of medical professionals who can provide testimony and insights regarding the standard of care and the defendant’s breach of that standard.
- Negotiation: They will negotiate with the healthcare provider’s insurance company to seek a fair settlement on your behalf. This includes calculating the damages you’re entitled to, such as medical expenses, lost wages, and pain and suffering.
- Litigation: If negotiations fail, your attorney will be prepared to take your case to court. They will represent you during the trial, presenting evidence, questioning witnesses, and making legal arguments to prove your claim.
- Experience in Trials: Experienced medical malpractice lawyers are skilled in courtroom procedures and are prepared to handle all aspects of a trial, from jury selection to presenting your case effectively.
- Legal Counsel: Your attorney will provide legal advice and guidance throughout the process, ensuring you understand your rights and options.
- Emotional Support: Dealing with the aftermath of medical malpractice can be emotionally challenging. Your lawyer can provide support and empathy during this difficult time.
- Advocacy for Fair Compensation: Your attorney’s primary goal is to secure fair compensation for your injuries and losses. They will fight to ensure you receive the financial support you need to recover.
- Settlement Negotiations: In many cases, medical malpractice claims are resolved through settlements. Your lawyer will negotiate on your behalf to achieve the best possible settlement terms.
By hiring a skilled medical malpractice lawyer, you can significantly increase your chances of successfully pursuing a claim and obtaining the compensation you deserve for the harm you’ve suffered due to medical negligence. Their experience, resources, and dedication to your case can substantially impact the outcome.
Call Our Chagrin Falls Medical Malpractice Attorneys, No Matter the Defendant
Drawing from our experience as insurance and healthcare defense attorneys, we completely understand how the other side operates.
Using this knowledge, we create strong arguments to support your case and find weaknesses in the other side’s plan.
We meticulously comb through respected professionals and choose only those who deliver impartial and professional testimony to support your case.
We are not afraid to take on even the biggest medical institutions in the area, including:
- Cleveland: The Cleveland Clinic Foundation, University Hospitals of Cleveland, Rainbow and Babies Children’s Hospital, Lake Health Hospital, TriPoint Medical Center, Ahuja Medical Center, Southwest General Hospital, and Metro Health Center.
- Toledo: ProMedica, Toledo Medical Center, Toledo Clinic, Mercy Children’s Hospital, and St. Vincent’s Mercy Medical Center.
- Lexington: University of Kentucky Medical Center, UK Good Samaritan Hospital, Baptist Health, Kentucky One Hospital, and Ephraim McDowell Regional Medical Center.
Size doesn’t matter to us when it comes to our clients. We can handle the legal complexities, allowing you to concentrate on your recovery.
Call our Chagrin Falls personal injury lawyers at (844) 279-2889 for your free case evaluation.