Does someone who is simply not satisfied with the results of surgery have a malpractice case?
No. In general, there are no guarantees of medical results, and unexpected or unsuccessful results do not necessarily mean that negligence occurred. To succeed in a medical malpractice case, a plaintiff has to prove that a medical injury or related damages resulted from the doctor's deviation from the standard of care pertaining to the procedure, not that the results from a standardized medical treatment were unsatisfactory.
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Can damages be recovered for Medical Malpractice in Nursing homes?
Injuries suffered by residents of nursing homes may receive compensation under applicable Ohio medical malpractice laws. Because nursing home residents require special care and attention, it is all the more important that the nurses and staff of the nursing home provide proper care to the residents. If you or someone you know reside in a nursing home and have been injured as a result of improper care, consultation with Nursing Home Abuse Attorneys Mishkind Law Firm could help you determine if you have a valid claim.
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Does misdiagnosis fall under medical malpractice?
Yes. Medical malpractice is the failure of a medical provider to properly perform their duties, including the diagnosis of your condition. Misdiagnosis may include the failure to run certain diagnostic tests or failure to diagnose a condition in a timely manner. Medical malpractice is essentially the failure of a medical provider (including doctors, pharmacists, radiologists, laboratory technicians and doctors) to use reasonable care in treating a patient. If you have been injured because of misdiagnosis, you may have a claim against the medical providers who treated you. Statutes of limitations bar the filing of claims after a certain period of time has passed following the negligent act and these laws vary state to state. For more information on misdiagnosis, consult Medical Malpractice Attorneys Mishkind Law Firm.
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How do I begin a medical malpractice lawsuit?
If you think that you have a valid medical malpractice lawsuit, it is wise to seek out an attorney who specializes in medical malpractice. Medical malpractice is an extremely complicated area of law that raises many complex and intellectually difficult legal and medical issues. Medical Malpractice Attorneys Mishkind Law Firm provide a free initial consultation to determine whether the case is worthy of further investigation and have a number of experienced experts who can determine not only whether the case is viable, but also how difficult the case will be to try before a jury.
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If the consent form I signed prior to a procedure is valid, can I still recover malpractice damages?
Yes, you may still be eligible to recover malpractice damages; a consent form does not release from liability a physician who was negligent in performing a medical procedure. If you can establish that your physician deviated from the applicable standard of care in performing the procedure and you were injured or suffered damages as a result, you may recover compensation. You may also have a claim that the procedure the physician performed went beyond your allotted consent, in which case the doctor may be held liable for medical battery.
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Do I have a malpractice case against a doctor who prescribed a drug without informing me it's experimental?
All physicians have a duty to inform their patients that any prescribed drugs are a part of an experimental program, and subsequently, all patients have the right to refuse to participate. Patients who have consumed experimental medication have grounds for a claim against the physician based upon their failure to obtain "informed consent" prior to treatment.
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Under what circumstances can a wrongful death occur?|
Wrongful Death Law seeks to provide financial compensation to the family of a person whose death was caused by the negligent, willful, or wrongful act of another. Wrongful death cases are brought as a result of a variety of situations, including:
- Medical malpractice resulting in decedent's death
- Neglect or abuse on the part of a nursing home that results in decedent's death
- Automobile, bus, train, airplane or other common carrier accident
- Occupational exposure to hazardous conditions or substances (exposure to asbestos, etc.)
- Death during a supervised activity (sports tournament, field trip, etc.)
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How are wrongful death cases filed?
A wrongful death case alleges that the decedent was killed as a result of the negligence of the defendant, and that the decedent's immediate family members (often called "distributees") are entitled to monetary damages as a result of the defendant's conduct. The most common distributees are surviving spouses and children, and sometimes parents.
Pecuniary (financial) injury is the main way damages in wrongful death cases are awarded. Courts have interpreted "pecuniary injuries" as including the loss of support, services, lost prospect of inheritance and medical and funeral expenses. Punitive damages may also be awarded in cases of serious or malicious wrong-doing to punish the wrong-doer, and/or deter others from behaving similarly.
If you have been a victim of medical malpractice, or have lost a loved one as the result of wrongful death in Cleveland, Ohio, or the surrounding cities and counties of Williams, Fulton, Lucas, Ottawa, Erie, Lorain, Cuyahoga, Lake, Ashtabula, Defiance, Henry, Wood, or Sandusky, please contact Medical Malpractice Attorneys at Mishkind Law Firm at 866-435-1682, or complete the contact form on this site to begin your free consultation with an experienced medical malpractice lawyer.
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