Cleveland Medical Malpractice Lawyer

When someone else’s negligence leaves you injured, you have a right to seek compensation. Yet, the path to recovery is rarely straightforward. A skilled Cleveland personal injury lawyer can simplify the process by investigating your accident, calculating the full scope of your financial losses, and aggressively holding the responsible parties accountable. At Spangenberg Shibley & Liber, our team provides the advocacy needed to secure the results you deserve.

Helping Clients in Cuyahoga County Financially Recover Since 1946

Negligent mistakes by doctors, nurses, and hospital personnel can be devastating, resulting in permanent injury or death. For 80 years, the Cleveland medical malpractice lawyers at Spangenberg Shibley & Liber have represented families like yours for injuries resulting from medical malpractice. We have recently secured medical malpractice results as high as $18.5 million.

Our team has a preeminent reputation in the field of medical malpractice litigation. Several of our verdicts and settlements are among the largest ever awarded in Ohio. Because understanding the medical evidence is critical in cases involving medical malpractice, we employ one registered nurse on our staff.

Spangenberg Shibley & Liber maintains a current medical library with access to the most up-to-date medical journals and publications, as well as online services, to ensure that we know the medicine and any doctor involved in the case. Based upon their confidence in our professional integrity, many leading medical specialists have testified as expert witnesses against negligent doctors and hospitals in our cases.

If you or someone you love was injured or suffered a preventable illness because a medical professional or facility was careless with patient health, our team can help fight for you. If you are an attorney, you can refer a medical malpractice case to our firm for reliable representation.

What Are Common Medical Malpractice Cases Our Firm Handles?

There were 212 medical malpractice payment reports made in Ohio in 2024. These reports totaled $93.74 million. Our medical malpractice attorneys are experienced in many areas of medical malpractice, including:

• Hospital negligence. Errors and malpractice in hospital care can be committed by doctors, nurses, contractors, or other parties. They can also be the result of mismanagement or poor staffing decisions by the facility. This negligence can cause patients to suffer injuries or deal with post-surgery complications that they should not have.
• Failure or delay in diagnosis. A misdiagnosis or delayed diagnosis can have serious consequences on the eventual outcome of an injury or illness. This is especially true for progressive illnesses, where the failure to diagnose can lead to a worse prognosis. The failure to diagnose or the misdiagnosis of an illness is only malpractice when the medical provider should have ordered certain tests and taken specific steps to determine the cause of symptoms, but failed to do so.
• Childbirth injuries. Both an infant and a mother can suffer injuries during the childbirth process, and sometimes these injuries are caused by the negligence of the physicians and other parties helping with the delivery and birth process. Doctors may fail to monitor both parties, improperly use epidurals, or engage in other acts of negligence.
• Medication errors. Improperly prescribing medication doses, failing to look for interactions, or filing the wrong prescription can potentially lead to serious harm to patients. The pharmacist, physician, or drug manufacturer might be liable for this harm.
• Surgical errors. There may be risks and complications in any surgery, but some errors are attributable to negligence. Surgeons and other parties may conduct the wrong surgery, fail to ensure close monitoring of a patient, leave foreign objects at the surgery site, cause nerve damage, or improperly administer anesthesia.
• Emergency room errors. Professionals in the emergency room must also uphold their duty of care to patients, and failing to take reasonable steps can be considered malpractice. These providers may fail to diagnose an illness or injury with clear symptoms or fail to send a patient to the hospital when needed.
• Infections. Infections can occur even when there are no errors, but medical providers can sometimes be responsible. Improper surgical procedures, nursing home negligence, and insufficient monitoring are some ways that infection can be the result of malpractice.
• Psychiatric malpractice. Psychiatrists can commit malpractice by failing to diagnose a mental health condition, prematurely discharging a patient, failing to warn of threats, or failing to properly supervise patients. Like any other provider, these professionals have to maintain a reasonable standard of professional care.
• Pulmonary embolism. A misdiagnosed or undiagnosed pulmonary embolism can lead to serious nerve damage and even death. If providers fail to take the steps needed to prevent and treat this condition, they could be liable for the consequences.
• Nursing negligence. Nurses are an essential conduit between patients and physicians, and their professional negligence can cause serious harm to patients. Nurses may fail to monitor patients, delay important information, or make medication errors.

You don’t have to deal with the aftermath of negligent care by yourself. You can work with a dedicated and reliable legal team.

Do I Have a Medical Malpractice Case?

We all want to believe that our doctors and medical providers have our best interests, but mistakes can still be made. There are several indications that you may have a medical malpractice case, but only working with a knowledgeable attorney can give you complete confidence in the validity of your case. 

You may have grounds for a medical malpractice claim if your injury or loss resulted from substandard care. Do any of the following apply?

• Did you suffer a serious, lasting injury or lose a loved one after receiving medical treatment?
• Were obvious symptoms ignored, minimized, or left untreated by a healthcare provider?
• Did a subsequent physician inform you that the diagnosis or treatment you received was incorrect or could have been prevented?
• Have you required additional surgeries, corrective procedures, or a prolonged hospital stay due to a medical error?
• Did a provider fail to order appropriate tests, review results, or refer you to a specialist when it was necessary?
• Has the error caused ongoing pain, disability, increased medical costs, or a reduced quality of life?

Medical malpractice cases are often hard to prove because of patient consent when undergoing a medical procedure. For a case to be successful, an attorney must demonstrate the following elements:

1. The healthcare provider had a duty of care to the patient, meaning they agreed to treat the patient.
2. They breached the professional standard of care or took action/failed to take an action that a similarly trained physician would have done correctly.
3. The breach of duty resulted in harm to the patient.
4. This harm caused compensable damages.

Mistakes do not always equal malpractice. There is a professionally accepted way to provide medical treatment. Deviations from this standard must have a good reason, such as the requests or needs of a specific patient. Deviations without cause can be an act of negligence and can lead to a claim if they cause the patient harm.

If you think you have a malpractice case, it’s important to reach out to an attorney to review your unique case and begin the process of gathering evidence to file a claim. These cases are filed with the Ohio Court of Claims, which is located in Columbus, a two-hour drive from Cleveland.

Ohio Medical Malpractice Statute of Limitations

Please be aware that a statute of limitations clock is running, after which you won’t have the right to file a lawsuit. The statute of limitations is the time limit you have to file your claim. In Ohio, a plaintiff must file a medical malpractice lawsuit within one year after the malpractice occurred. However, there are a couple of exceptions to this law:

1. If the injury was not detected immediately, a plaintiff might file a malpractice claim within one year of the injury.
2. The one-year deadline may be extended if a formal notice of intent to file a claim is sent to the prospective defendant.

These extensions can give you more time, but they do not always apply. It is important to act quickly to begin the process of a claim as soon as you are aware of potential negligence. 

Do not hesitate because of financial concerns; we provide legal representation on a contingency basis, and if we can’t help you recover monetary damages, there are no fees. We urge you to protect your rights by contacting a Cleveland medical malpractice attorney today.

Why Work With Our Firm: Voted “Best Law Firms” by U.S. News

For our efforts in the field of personal injury law, our firm has been voted “Best Law Firms” by U.S. News. Our Cleveland medical malpractice lawyers can offer you a wealth of experience and a deep understanding of your needs and your situation during such a difficult time. When the insurance company lawyers see our name on the lawsuit, they know the case has been methodically and meticulously researched, investigated, and prepared.

We are thoroughly convinced the case has merit. We have put our considerable resources behind it. For you, that means insurance company lawyers come to the table prepared to discuss a full and fair settlement—or they know we’ll see them in court.

Our team at Spangenberg Shibley & Liber is here to discover the truth of what happened and ensure that if healthcare practitioners’ errors or omissions were to blame, you would be able to receive substantial compensation.

How Are Medical Malpractice Claims More Complex?

Malpractice cases are more complex compared to other personal injury cases for many reasons. Many of the acts of negligence occur with few or no outside witnesses, meaning it is the word of the patient against the word of the doctor. Securing evidence from the provider and hospital can also be difficult, and sometimes that documentation doesn’t give the whole story. It requires exceptional investigation and review to create a strong case.

Medical malpractice can also be complicated by patient consent. If you consented to certain treatment, it can be harder to build a case, although it isn’t impossible.

In addition to these complexities, these cases are also against parties with a lot of resources. Doctors often work for hospitals or other facilities with a lot of resources, including the resources to hire skilled legal defense. This is why it is crucial that you protect your rights with similar resources and legal support.

FAQs

Q: What Types of Damages Can I Recover in a Medical Malpractice Claim?

A: In a medical malpractice claim, you may be able to recover:

• Economic damages (e.g., medical bills, future medical costs, lost wages)
• Non-economic damages (e.g., pain and suffering, emotional distress)
• Punitive damages (in rare cases of gross negligence)

Ohio caps non-economic damages at $250,000 or three times the economic damages, whichever is greater, up to a maximum of $350,000 per plaintiff or $500,000 per occurrence.

Q: Can I File a Claim Against a Hospital for Malpractice in Cleveland?

A: Yes, you can file a claim against a hospital for malpractice in Cleveland if the hospital or its employees were negligent or if they failed to supervise medical staff properly. However, some doctors are independent contractors, not hospital employees, which can complicate liability. You may be filing against the hospital, another entity, or the provider directly. When you hire a medical malpractice lawyer, they can help you assess the liable party in your unique claim.

Q: What Should I Do if I Suspect Malpractice?

A: Some of the steps you should take if you suspect malpractice include:

1. Seek medical attention immediately to prevent further harm.
2. Request your medical records.
3. Document everything, including dates, symptoms, and conversations.
4. Contact a medical malpractice attorney in Cleveland to review your case.

These steps are important to protect your own health and well-being, as well as protect your ability to file a claim. Securing strong documentation and evidence can help your case.

Q: Do I Need Expert Testimony to Pursue a Malpractice Claim?

A: Yes. Ohio law requires a “certificate of merit” from a qualified medical expert to accompany your claim. This expert must state that they believe the standard of care was violated and that the negligence likely caused your injury. It’s easier to secure expert testimony when you have the support of a skilled and respected attorney who works with medical professionals to keep malpractice from the profession.

Contact Our Cleveland Medical Malpractice Attorney Today

Our Cleveland medical malpractice attorneys at Spangenberg Shibley & Liber are fighting the defendants’ efforts to deprive the plaintiff of her full measure of damages by challenging the statute’s constitutionality as it applies to the plaintiff in this case. We are prepared to protect the plaintiff’s constitutional rights and ensure they receive the total recovery to which they’re entitled.

There are many reasons why you should choose our firm to represent your claim:

• We have access to the most sophisticated technology and resources available.
• Our team includes top-rated attorneys, an in-house nurse, and medical experts.
• We fully comprehend the complexities of the law, medicine, medical techniques, procedures, timelines, and appropriate standards of care.

We have served this area for years, winning serious injury lawsuits in Ohio and nationwide since 1946. Our total verdicts and settlements won for our clients are over $1 billion.

When you need the support of a resilient legal advocate, reach out to Spangenberg Shibley & Liber and let us give you exceptional legal guidance.