When A Medical Professional Makes A Mistake, Let Us Help.
If you or a family member has been injured or suffered an illness due to negligent medical care, it is vital to know your legal options in this situation. Our experienced Cleveland medical malpractice lawyer can help you make sense of your legal options and assist you in determining the optimal path for ensuring accountability and compensation for your damages.
You seek medical care from doctors, nurses, surgeons and other healthcare professionals because you trust that they can help you. If a negligent medical professional causes an injury, you have the right to hold them accountable and seek compensation for your damages.
Kampinski & Roberts, LPA, offers compassionate, responsive, and results-driven legal representation to injured clients in Cleveland and surrounding communities of Ohio. Medical malpractice cases are some of the most challenging personal injury cases anyone can face, and you must have experienced legal counsel on your side if you intend to succeed with this type of claim.
While medical malpractice cases fall within the purview of personal injury law, there are special rules that apply to these cases. These cases not only require meeting specific statutory guidelines in the state but are also subject to additional limitations and procedural requirements that are different from other personal injury cases.
Medical malpractice manifests in various ways, and it is not always easy for a victim or their family to discern whether any harm done in a medical setting was the unavoidable consequence of challenging and unpredictable variables or the result of negligence on the part of attending doctors, nurses, or other medical staff. Malpractice occurs when a medical professional’s negligence results in harm to their patient.
It is possible for liability for medical malpractice to fall to a single healthcare professional or multiple defendants. It is also possible for a healthcare professional’s employer to bear fault for a serious injury. One of the first challenges in a medical malpractice suit is accurately identifying the party or parties responsible for causing your injury.
Confronting a large medical corporation or entity, such as the Cleveland Clinic, or University Hospitals in the area, such as the UH Cleveland Medical Center, is also a daunting proposition for the average person. Kampinski & Roberts, LPA, will fight this fight for you. Our attorneys have more than 100 years of combined experience advocating for patients’ rights in all aspects of medical malpractice cases, including:
These are just a few examples of the most common types of medical malpractice cases our firm handles for clients in the Cleveland area. Ultimately, whenever a medical professional violates the standard of care for their patient and that violation results in harm to the patient, it can potentially form grounds for a medical malpractice case. Success with this case provides compensation for the victim’s damages and ensures accountability for the party at fault.
Kampinski & Roberts, LPA, has recovered hundreds of millions of dollars in compensation for our clients. We will fight to recover the compensation that you deserve. You must work quickly to file your medical malpractice case in Cleveland, so it is important that you connect with a legal team you trust as soon as possible once you believe you have experienced medical malpractice of any kind.
Medical malpractice cases can be very difficult to prove in court. The plaintiff, or the person bringing the case against the medical professional or hospital, must prove to a judge or jury that the other party deviated from the commonly accepted standard of care. The “standard of care” in a medical malpractice case is the level of treatment the patient should have received for their diagnosis based on the consensus of the professional medical community.
Medical malpractice cases arise when medical professionals violate the standard of care and when their negligence causes direct harm to the patient.
Navigating any medical malpractice case can be incredibly difficult. Some medical professionals who harm their patients will look for ways to conceal their actions, or they may attempt to hide an error by claiming that specific variables during the course of treatment were unavoidable causes of the harm done. An experienced Cleveland medical malpractice lawyer will know how to scrutinize any such arguments on behalf of their client.
Medical malpractice cases are some of the most challenging personal injury cases to win. Fortunately, Kampinski & Roberts, LPA, has a history of successful case results. We know how to investigate the actions that led to your injury and compile the evidence for a strong case.
We hire experts to help research your case, evaluate your injuries and testify in court. You can rest assured knowing that you have a team of strong attorneys as well as medical and subject matter experts by your side. Our team will go above and beyond to make sure your case is as strong as it can be, and no one will fight harder for you and your family.
Ohio law enforces various strict requirements when it comes to filing a medical malpractice suit. First, the plaintiff must meet the statute of limitations. The statute of limitations is the deadline for filing a claim. Generally, in a medical malpractice action, the statute of limitations is one year from when you knew or should have known the malpractice occurred and two years from the death if the malpractice resulted in death. If you think that you may have a claim, you should contact us right away to avoid missing this time limitation.
State law also requires a plaintiff to obtain an affidavit of merit from an appropriately qualified medical professional who holds similar or greater board certifications and experience as the defendant, has reviewed all of the plaintiff’s relevant medical records, and can explain exactly how the defendant violated the plaintiff’s standard of care. The suit must be accompanied by this affidavit; otherwise, it is likely to be thrown out of court.
The main goal of any personal injury case is for the injured plaintiff to hold a defendant accountable for the harm they have done and for the plaintiff to collect compensation for their damages. Like most other personal injury cases, medical malpractice cases enable plaintiffs to seek compensation for the economic and non-financial damages a defendant caused. However, state law limits recovery in some ways.
When it comes to economic damages, such as medical expenses and lost income, the plaintiff can claim full compensation for any such losses the defendant caused. For example, the defendant would be liable for the cost of corrective medical care, ongoing treatment costs for serious injuries, and the wages the victim is unable to earn while they recover from the harm done by the defendant’s malpractice.
Non-financial damages are limited by state law. In most medical malpractice cases, the cap on non-financial damages is greater than $250,000 or three times the total of the plaintiff’s claimed economic damages. The overall cap on non-financial damages is $350,000 per plaintiff or $500,000 per incident if there are multiple plaintiffs.
However, if the defendant caused a permanent, substantial deformity to your body, if you lost the use of one of your limbs, if you lost a bodily organ system, or if a permanent physical injury that stopped you from being able to care for yourself independently and perform activities that would sustain your life, the cap increases to $500,000 per plaintiff or $1 million per case.
Our experienced Cleveland medical malpractice lawyer can help you accurately assess the full potential value of your claim, gathering the expert witness testimony necessary to prove that the defendant violated their patient’s standard of care, caused measurable harm to the injured party, and navigate the complex procedural requirements of the case.
Kampinski & Roberts, LPA, will secure maximum compensation for your damages as swiftly as possible. Their reputation in the industry helps to secure settlements prior to trial in many cases.
However, not every medical malpractice case can be settled privately. If a defendant contests liability or if they dispute the damages sought by the plaintiff, the case may need to be resolved at trial. We will guide you throughout the process and will do whatever is necessary to maximize your recovery.
Contact our office in Independence to schedule a free initial consultation. We do not charge you unless we recover compensation for you. To schedule your free consultation, call 440-569-6846 or send our firm an email.