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For more than 30 years, we are devoted to helping those injured by
medical malpractice & catastrophic accidents.
A child was born with cerebral palsy as a result of oxygen deprivation during birth. Despite the use of a fetal heart monitor, the signs and symptoms of fetal distress were not recognized or acted upon by medical professionals. The family was awarded $28.7 million to provide for future care to their child.
A 47-year-old husband and father of five minor children underwent heart bypass surgery. Afterward, one of the bypass grafts leaked and caused a pool of blood to form in the man’s chest. This caused decreased blood pressure and labored breathing. None of the medical professionals taking care of him recognized the problem. Eventually, the pool of blood became so large that it caused enough pressure on his heart to prevent it from beating. The man then stopped breathing and went without oxygen for several minutes, causing irreversible brain damage. He now lives in a persistent vegetative state.
The obstetrician used forceps to pull on the baby when he was still too high in the birth canal. This caused the baby’s shoulders to get stuck. Thus, there was a significant delay in delivering the baby, who did not get enough blood flow or oxygen for several minutes. This resulted in permanent injury to the baby’s brain.
The Mellino Law Firm has been helping victims of negligence fight for their rights for more than 30 years. Our Cleveland medical malpractice attorneys have extensive experience and knowledge of the law, as well as a proven track record of results that includes numerous million and multi-million-dollar settlements and jury verdicts in Ohio.
We only handle a limited number of cases in order to ensure that each of our clients receives the focused attention and one-on-one legal guidance he or she deserves. Whether you were the victim of a surgical error or your child suffered lifelong injuries as a result of delivery room negligence, we can help you work to secure a fair recovery and hold the liable parties accountable.
We will offer you the compassionate, personalized legal representation you need. We are committed to serving our clients, providing the highest level of professionalism and service possible.
Medical malpractice can encompass countless situations, such as:
Simply defined, medical malpractice occurs when a healthcare provider’s actions or inaction deviated from the accepted standard of care – resulting in harm to the patient. Ohio law also entitles a patient to sue healthcare providers for reckless behavior, such as providing treatment while under the influence of drugs or alcohol, or neglecting to treat his or her own medical condition (such as an infection) that puts patients at risk.
On the other hand, a worsening condition does not necessarily constitute negligence. As long as your doctor provided the best treatment possible, he or she cannot be held responsible for the progression of a disease. Likewise, you may not file a claim if you suffer from an untreatable condition.
No one can tell you that you have a case until your medical records have been reviewed by a qualified expert and that expert agrees to sign an affidavit attesting that you have a case. A medical malpractice lawyer can advise you of the procedures involved, the obstacles you should expect, and the costs that you will incur. Armed with this information, you will then be able to discuss what the next steps should be and whether or not you should pursue a case.
Some of the most common examples of medical malpractice include:
In order to file a successful medical malpractice claim, you must prove four elements:
Although the first element is easy to prove, the other three factors are more difficult and will require the guidance of an attorney who can determine liability and help build your case.
When you meet with your medical malpractice attorney, they will need:
Having this information will make it easier to prove your case. You may also have to enlist the services of an expert witness, who will testify that your damages were, in fact, caused by faulty medical care.
Medical malpractice occurs when a healthcare provider or medical facility injures a patient under his/her/its care.
A healthcare professional can include a:
A healthcare facility could include a hospital, clinic, or pharmacy.
In a medical malpractice claim, damages are determined by a number of economic and non-economic factors. Economic damages refer to funds that are awarded to the plaintiff as compensation for direct monetary loss and expenses that were incurred as a result of the defendant’s negligence. These damages also cover funds that the plaintiff is likely to incur in the future.
Non-economic damages, or non-pecuniary losses, apply to those things that cannot be summed up to a specific dollar amount but that cause unquantifiable harm, including:
Ultimately, the amount of compensation likely to be obtained through a medical malpractice settlement or trial varies based upon the nature and extent of the injuries, whether medical treatment is ongoing or future rehabilitation will be necessary, preexisting conditions, whether there were aggravating circumstances to the doctor’s or caregiver’s conduct, caps on damages, and the jury.
In some instances, punitive damages may be leveled against the medical professional. These are rare, however, because the plaintiff must prove that the doctor knew what he or she was doing was wrong, such as using the wrong medication because it’s less expensive for the hospital or intentionally making a small mistake such as a perforation to necessitate another surgery.
Ohio lawmakers have passed a bill that limits the amount of reimbursement you may recover in a medical malpractice claim. There are two kinds of damages you may pursue: economic and non-economic.
Non-economic damages, including punitive damages, are currently capped at $250,000 per plaintiff or three times the amount of the economic damages, whichever is closer to a maximum of $350,000 per plaintiff and $500,000 per incident.
If you have suffered a catastrophic injury, such as the loss of a limb or an organ, your claim could recover up to $1,000,000 dollars per occurrence. Ohio medical malpractice law delineates certain criteria for what is considered “catastrophic.” An experienced attorney can help you determine whether your case qualifies.
The statute of limitations in Ohio is typically one year after the medical malpractice occurs or is discovered. This statute was enacted to prevent fraudulent lawsuits and is among the strictest in the country. The person being sued must be given notice within one year of the negligent act. If you’re nearing the end of that window, an attorney can write a “180-day letter” to give you that much more time to obtain medical records and build your case. Don’t forfeit your ability to recover compensation by allowing the one-year deadline to pass.
In cases where the injured party is a minor (under 18 years of age), the statute of limitations is tolled, which means that the clock hasn’t yet started ticking. Once the child reaches age 18, he or she will generally have one year to file a medical malpractice claim. This can vary depending upon the type of injury, when the injury was discovered, and if the child gave notice of intent to file a lawsuit to the defendant. In the latter instance, the claimant has an additional 180 days from the time of the notice to file the claim.
Note that there is also a maximum four-year deadline for filing. This may be extended up to a year when the claimant couldn’t have discovered the injury within three years after its occurrence, but, in the practice of reasonable care, notices the injury before the expiration of the four-year period.
No medical malpractice attorney can estimate how long your lawsuit will take. Ohio law is complex, and the evidence needed to prove your negligence claim could take some time to collect. Actions such as the following could shorten or lengthen the time it takes to achieve a result.
If you are taking your case to trial, the first step is to file a formal complaint in the appropriate civil court, which depends on the jurisdiction, or the location, the malpractice took place. Once the complaint has been filed, pretrial preparation begins with the discovery period. The discovery of facts is often accomplished in two ways: via interrogatories and depositions.
Interrogatories are questionnaires that witnesses fill out and are typically used for gathering preliminary details. Depositions are face-to-face interviews in which witnesses swear to tell the truth, and then the interviews are transcribed. Depositions give medical malpractice attorneys the opportunity to ask follow-up questions and gather more information. Once this data has been collected, the case moves into the trial phase, at which point the plaintiff has the legal burden of demonstrating that a medical mistake occurred.
Though the length of your case is unpredictable, there are things you can do, such as listening to and following the advice of your lawyer, that can ease the process and prevent errors that could cause a setback in getting you the compensation you deserve.
You can file a medical malpractice claim even if the injuries you experienced were temporary. However, negligence that causes temporary pain, disability, or disfigurement will not add up to a significant amount of damages. A medical malpractice attorney may advise you to consider the costs of filing a lawsuit — including his or her fees — and whether it will be worth the potential amount of compensation you may recover.
On the other hand, if a healthcare provider breached the standard of care but did not cause an injury, a patient may not be able to file a lawsuit. Malpractice cases primarily seek compensation for damages. If no damages occurred, the lawsuit will more than likely be denied.
A medical malpractice attorney can help you recover compensation for treatment, rehabilitation, and lost wages when you’ve been seriously injured as a result of a mistake or negligence. However, most – if not all – lawyers offer free consultations. Likewise, most – if not all – will take your case on a contingency basis, meaning they don’t get paid unless you do. So how do you know who to hire?
First, you should choose someone you feel comfortable with, since your case may pend for weeks, months, or even years.
Second, they should have experience litigating cases like yours. It may be easier to establish rapport if you go into your first meeting with a list of questions.
When scheduling your appointment, you may want to ask:
No firm can guarantee a favorable outcome, but the person you speak with should be able to tell you about previous verdicts and settlements. A good lawyer will also tell you whether you have a viable case.
We are well-versed in a number of different practice areas. While we primarily focus on medical malpractice and birth injury cases, our team also handles personal injury, catastrophic injury, and wrongful death claims. We regularly assist individuals who have been injured in serious auto accidents or harmed by defective products, including dangerous medical devices. Our attorneys also assist the families of children who suffered serious or fatal injuries as a result of medical malpractice and other negligent accidents.
Call (440) 276-3535 for a free consultation today!
In Was It a Mistake? Your Ohio Medical Malpractice Questions Answered, attorney Christopher Mellino offers an in-depth yet easy-to-understand explanation of what to expect when filing a medical malpractice claim in Ohio.
I couldn’t be happier with my experience at the Mellino Law Firm. Everyone in the office took great care of us and went above and beyond.
-Floyd L.
I truly was amazed to watch you work at trial. It was a work of art and I was thankful that you were on my side.
-Milt M.
Your kindness, understanding, and immense compassion truly helped our family get through this terrible event. Your willingness to know each of us in a personal way created a warm, pleasant environment. We thank you from the bottom of our hearts.
-The W Family
My family and I were very pleased to be represented by Mellino Law. They are extremely professional, experienced and conscientious. But, most of all, the entire staff is very caring & compassionate.
-Jewell Renee S.
SUCCESSFUL RESULTS AGAINST MANY HEALTHCARE SYSTEMS INCLUDING UNIVERSITY HOSPITAL & CLEVELAND CLINIC
RECOGNIZED BY MULTIPLE PEER REVIEW ORGANIZATIONS AS ONE OF THE BEST LAW FIRMS IN THE COUNTRY