Medical malpractice is an incredibly distressing and life-altering ordeal that can shatter a person’s sense of trust and well-being. We place immense faith in the healthcare system and often regard our doctors as trusted extended family members.
When these revered medical experts fail in their duty due to negligence, we are left to bear the devastating consequences, and the impact extends far beyond physical harm. It inflicts lasting mental and emotional anguish, casting a shadow that can persist for years.
In such challenging times, a qualified Chesterland medical malpractice attorney can take you on the first crucial step toward the road to recovery and justice.
Why Choose Our Chesterland Medical Malpractice Lawyers?
A lawyer with the right skills and medical malpractice experience can be your ticket to financial recovery and the justice you deserve. You don’t have to face this trauma alone.
Crandall & Pera Law is known for its commitment to medical malpractice victims. Our attorneys can handle cases in Chesterland and surrounding communities.
We’ve earned acknowledgment and accolades for our outstanding work. Learn more about our attorneys and their accomplishments on our Attorney Q&A page.
What Makes Us Different: Our medical malpractice attorneys in Chesterland are known for their dedication, refusing to settle for anything less than what’s right. We have the bulldog reputation most people think is only for TV or movie lawyers.
Our track record proves our commitment to the best for our clients. When fighting for your rights and future opportunities after a medical malpractice incident, you can trust Crandall & Pera Law as your dedicated legal partner.
Another advantage is our in-house registered nurses, who bring valuable medical insights into intricate medical malpractice cases. Realizing the extent of your injuries, what caused them, and where negligence lies is an integral part of your case.
We use their skills and experience to build your case and work with other medical professionals who can testify to prove you deserve compensation for your damages.
Insight Into Our Approach: Drawing from our experience as former attorneys in insurance and healthcare defense, we possess valuable insights into the tactics employed by the opposing side.
Leveraging this knowledge, we construct compelling arguments to bolster your claim while pinpointing vulnerabilities in the opposition’s strategy. We know what they will do and always stay three moves ahead.
We meticulously choose respected professionals who deliver impartial and professional testimony, including safety and medical scholars. We want your case to be airtight and show the depths of your pain, suffering, and loss.
Healthcare entities of all sizes can make mistakes or fall short in their duty of care.
We won’t hesitate to confront wrongdoing at even the most powerful 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.
Medical Malpractice Basics
Medical malpractice is a legal term when a healthcare provider or institution, such as a physician, nurse, hospital, surgeon, or clinic, fails to meet the standard level of care expected in their field, resulting in harm or injury to a patient.
The breach of the standard of care may manifest in several ways, including misdiagnosis, surgical blunders, medication errors, negligent treatment, failure to adequately inform a patient about risks, or inadequate follow-up care.
A medical malpractice incident affects much more than the initial mistake. It diminishes your trust and faith in the healthcare system and can even cause some people to stop going to the doctor altogether.
A valid medical malpractice claim requires several key elements:
- Duty: The healthcare provider must provide a duty of care to the patient. Everyone in the healthcare industry swears an oath to provide a standard of care in every situation.
- Breach of Duty: The provider deviates from the accepted standard of care, departing from what a competent medical professional would do under similar circumstances.
- Causation: The breach of duty directly causes harm or injury to the patient. You have to show proof that directly points to the connection.
- Damages: The patient suffers physical, emotional, or financial harm due to negligence.
Medical malpractice cases often require professional testimony and meticulous records to prove negligence claims.
Victims of medical malpractice can seek compensation for their damages, which can entail medical expenses, lost income, pain and suffering, and other related losses.
Medical malpractice laws can vary significantly by jurisdiction, so it is advisable to consult with a legal professional who concentrates on medical malpractice if you believe you have a valid claim.
Types of Medical Malpractice We Help With
Medical specialties, healthcare facilities, and regional trends determine the most common type of medical malpractice in any area, but it takes many forms.
Some common types include:
- Failure to Obtain Informed Consent: Patients have the right to be fully informed about the risks and benefits of medical procedures or treatments. A healthcare provider failing to obtain proper informed consent or adequately explain the associated risks can lead to a potential malpractice claim.
- Surgical Errors: Surgical malpractice encompasses errors made during surgical procedures. These errors may involve operating on the wrong body part, inadvertently leaving surgical instruments inside the patient, or making other preventable mistakes during surgery.
- Nursing Home Abuse and Neglect: Negligence or abuse within nursing homes can lead to severe injuries, including the development of bedsores, falls, malnutrition, or instances of physical and emotional abuse.
- Medication Errors: Medication errors can take different forms, including prescribing the wrong medication, administering incorrect doses, or neglecting to consider a patient’s allergies or potential drug interactions.
- Anesthesia Errors: Anesthesia malpractice encompasses situations where too much or too little anesthesia is in play, staff neglects proper patient monitoring during surgery, or does not promptly address anesthesia-related complications.
- Birth Injuries: Birth injuries are a form of malpractice that occurs during childbirth and results in injuries to either the baby or the mother. Examples include injuries caused by the improper use of forceps or vacuum extractors during delivery.
- Misdiagnosis or Delayed Diagnosis: This type of medical malpractice occurs when a healthcare provider fails to diagnose a medical condition accurately or takes excessive time to reach the correct diagnosis. Such delays can lead to postponed treatment and potential harm to the patient.
- Negligent Follow-Up Care: Some patients require follow-up care to monitor their recovery after undergoing treatment or surgery. Negligence in providing this necessary care can result in complications or harm.
Medical malpractice lawsuits often hinge on the unique details of each case, which may encompass various errors mentioned earlier.
If you believe that you or a family member might have experienced medical malpractice, seek direction from an attorney who has been around the block to get the best assessment of your situation.
How do I Know if My Case Qualifies as Medical Malpractice?
Determining if you have a medical malpractice case is no easy task unless you’re a legal professional.
It typically involves complex legal concepts, including:
- Standard of Care: You must establish that the healthcare provider owes you a duty of care. This means showing that the medical professional was responsible for providing treatment within accepted medical standards.
- Breach of Standard of Care: You need to demonstrate that the healthcare provider failed to meet the standard of care expected in your situation. This often involves professional testimony to show that their actions or decisions deviated from what a competent medical professional would do under similar circumstances.
- Causation: You must establish a direct link between the breach of the standard of care and the harm you suffered. In other words, you must prove that the healthcare provider’s negligence directly caused your injuries or worsened your condition.
- Damages: You must have suffered actual damages due to the malpractice. Damages can include physical harm, emotional distress, additional medical expenses, lost income, or other related losses.
- Statute of Limitations: Medical malpractice cases are subject to specific time limits, known as statutes of limitations, which vary by jurisdiction. It’s crucial to consult with an attorney promptly to ensure your claim falls within the allowable timeframe.
To determine if you have a medical malpractice case, consult an experienced medical malpractice attorney. They can evaluate the details of your situation, review medical records, consult with medical experts, and help you understand the viability of your case.
The specific requirements and standards for medical malpractice cases can vary by location, so consult an attorney familiar with the laws in your jurisdiction.
How Can a Medical Malpractice Lawyer Help?
A medical malpractice lawyer is a skilled attorney who handles cases related to medical negligence or malpractice. They represent individuals who have experienced substandard medical care or treatment.
Here’s what a medical malpractice lawyer typically does:
- Case Evaluation: The lawyer begins by evaluating the potential medical malpractice case. They review the client’s situation details, including medical records, patient histories, and other relevant documents, to determine if there are grounds for a legal claim.
- Consultation: If the lawyer believes there is a valid case, they will meet with the client to discuss the case’s merits, explain the legal process, and answer any questions or concerns the client may have.
- Gathering Evidence: Medical malpractice attorneys work to gather evidence to support the client’s claim. This may involve obtaining medical records, consulting with medical experts to assess the standard of care, and interviewing witnesses.
- Identifying Damages: The lawyer will assess the damages suffered by the client, including medical expenses, lost wages, pain and suffering, and other related losses. This helps determine the value of the claim.
- Negotiation: Medical malpractice lawyers often negotiate with the opposing party, typically the healthcare provider’s insurance company. They work to reach a fair settlement that compensates the client for damages.
- Filing a Lawsuit: If negotiations do not result in a satisfactory settlement, the lawyer may file a lawsuit on the client’s behalf. This initiates the formal legal process, and the case will proceed through the court system.
- Discovery: During the lawsuit, both sides engage in discovery, which involves exchanging information, documents, and evidence related to the case. This process helps each party prepare their arguments.
- Trial Representation: The lawyer represents the client in court if the case goes to trial. They present evidence, call witnesses, cross-examine the opposing side’s witnesses, and argue the case to the judge and jury.
- Post-Trial Actions: After the trial, the lawyer may assist the client with any post-trial motions, appeals, or negotiations related to the verdict.
- Settlement Negotiation (Post-Trial): Even after a trial, parties may negotiate a settlement before or after reaching a verdict.
Medical malpractice lawyers deeply understand medical standards, legal procedures, and the complexities of medical cases.
They advocate for their client’s rights and work to secure fair compensation for the injuries and damages resulting from medical negligence.
Hiring our Chesterland personal injury attorneys significantly betters your chances of obtaining fair compensation for injuries and losses after a medical malpractice experience.
We handle the legal complexities while protecting your rights. You focus on healing.
Call Our Chesterland Medical Malpractice Attorneys Today
Call (440) 688-4281 or email us at any time for your free claim evaluation. If you’d rather pay us a visit, you can find us in Cambridge Square in Chesterland at 8251 Mayfield Road, Suite 24. We’re ready to hear from you right now to see how we can help you.