How Is Medical Malpractice Defined in Ohio?
Medical malpractice occurs when a healthcare provider injures a patient. An experienced trial lawyer who specializes in your type of injury can help determine whether you have a claim worth pursuing.
Medical errors can be caused by anything, including doctor fatigue, an understaffed operating room, miscommunication among hospital staff, failure to follow policies, faulty equipment, inexperience, or rushing through a procedure.
If medical malpractice causes disfigurement, disability, further surgery, or death, Ohio law says the patient is entitled to pursue compensation for medical expenses and other damages. Attorney Chris Mellino welcomes you to contact our Cleveland office with any questions you may have about an injury, a claim, or the state’s statute of limitations. You may also download or request Chris’ free, easy-to-read guide to filing a claim in Ohio.
Contact us online or by phone at (440) 276-3535 to schedule a complimentary case evaluation today.
When choosing a medical malpractice lawyer to represent you, it is important to ask many questions and review your potential attorney’s past results and experience. One of the most common questions that we get asked at The Mellino Law Firm is, “Have you handled this type of medical malpractice case before?” Although it is rare that two medical malpractice cases would be identical, there are some cases that have similarities. In fact, in over 30 years in practice, we have seen a wide variety of medical malpractice cases and there are certain things that all medical malpractice cases have in common. It is very rare that we run into a tactic or expert that we haven’t seen before. This is why it is important to choose a skilled Cleveland medical malpractice attorney who focuses on this type of law.
If you or a loved one is a victim of a surgical error, amputation, anesthesia error, brain damage, cerebral palsy, or any other injury from medical malpractice, reach out to The Mellino Law Firm for a free consultation. You can also order our FREE medical malpractice book, which can answer your questions, or find insightful resources here on our website.
Proving Causation In Medical Malpractice Claims
One of the most important aspects of any medical malpractice claim is proving causation. In other words, you must show that your injuries or the death of your loved one was caused by medical negligence and/or malpractice. Typically, this means you will need to show that a doctor, nurse, hospital, or another medical professional or facility breached the standard of reasonable care and this directly or indirectly led to your injuries or your loved one’s death. You may also need to prove that, had a competent medical professional/facility provided you with acceptable care, you would not have suffered the same harm.
There are many ways in which negligence can lead to medical mistakes and countless ways in which malpractice can cause injuries. We represent clients in cases involving:
- Anesthesia errors
- Bedsore injuries
- Birth injuries
- Brain Injuries
- Emergency room errors
- Locked in state
- Paralysis/nerve injuries
- Pediatric malpractice
- Prescription and medicine errors
- Prescription overdose
- Surgical errors
- Surgical injuries
- Vegetative state comas
Often, medical negligence leads to serious physical, emotional, and financial harm. Victims may require additional costly treatment or may be unable to return to work. The family members and loved ones of a person who dies as a result of medical malpractice will often suffer severe emotional anguish and financial burdens. While a medical malpractice suit cannot undo this harm, it can help you recover compensation for medical bills, lost income, lost earning ability, pain and suffering, emotional distress, and more. It can also be used to ensure that negligent medical professionals and facilities are held responsible and that systematic problems are brought to light.
What Are Damages In Medical Malpractice Claims?
In a medical malpractice claim, three types of damages may be awarded to the injured party. Those are:
- Economic damages – these include expenses that can be quantified, such as the reimbursement of medical bills and lost income from time missed at work;
- Noneconomic damages – this compensation is meant to address the suffering caused by the malpractice, such as pain, mental anguish, psychological trauma, or decrease in quality or enjoyment of life resulting from the medical malpractice;
- Punitive damages – these damages are typically assessed against a defendant only when the medical error was perpetrated in such a way that is considered particularly egregious. For instance, a court may award punitive damages if the doctor was on drugs or drunk while treating you. Punitive damages are rare in Ohio.
In the tragic event that a patient dies, his or her next of kin may be entitled to file a wrongful death claim on his or her behalf.
Why Choose The Mellino Law Firm?
First, we don’t chase ambulances. You will never see us on TV, the side of a bus, or a billboard. Attorneys and satisfied clients send us the majority of our cases; others find us online.
Second, medical malpractice attorney Chris Mellino is respected throughout northeast Ohio for his ability to dig below the surface and make sure no fact is overlooked. In fact, Chris has been involved in several landmark cases, including Moskovitz v. Mt. Sinai Medical Center (1994) and Watkins v. Cleveland Clinic Foundation (1998). In the latter, he and his previous partner were awarded the largest verdict in the state that year.
Third, we’re a small firm. Since medical malpractice claims are time-consuming and labor intensive, we’re selective about the cases we accept. Some firms take every case that walks in the door and settle those cases for the first amount the defendant offers so they can fund their next commercial to bring in even more clients. Often, they leave their clients in the hands of first-year associates, paralegals, or case managers.
At The Mellino Law Firm, we only pursue compensation for patients who suffered a severe injury or disability. By limiting the number of cases we accept, we’re able to give each one the unique attention it deserves. And, when you call us, you will speak to us, not an assistant.
Last but not least, our west side location is more convenient for injured clients who may not be able to drive downtown, find parking, and walk a few blocks in rain or snow to meet with their lawyers or sign papers. We’ll also drive to your home if you’re unable to come to our office. We also have an office in Rocky River for your convenience.
Give us a call at (440) 276-3535 or fill out and submit an online contact form today to schedule a no-cost, no-obligation consultation with our medical malpractice lawyers in Cleveland.