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 Every year numerous families and other
Cleveland and Akron law firms ask us to review the medical care of a patient believed to have been a victim of medical negligence. Our lawyers have also instructed and educated other Ohio lawyers in this legal arena as well. The sooner we are contacted the better we are able to provide you with ANSWERS. Early investigation is more important than ever under the stringent standards created by Ohio's recent medical malpractice tort reform law.
Under Ohio law, you have only one year from the “cognizable event”, which is the day you know, or should have known, negligence may have occurred, or one year from the date you last treated with the medical provider. The latter of these three dates controls the allowable window for filing a medical malpractice claim. Time may run longer when a minor is involved, where a wrongful death results, or where evidence is wrongfully withheld from you. Failure to file a medical malpractice suit within the short statute of limitations will result in the claim being barred forever.
In order to file a medical negligence suit, all pertinent evidence and records should be gathered presient (which can take months). The records are then reviewed by a competent expert (which can take months) and the expert must find that there was negligence that caused damage. The damage caused must be significant enough to support the extremely costly case expenses, medical subrogation, attorney's contingency fee, and to properly compensate the victim or victim's family. This process of preparing and taking a medical negligence suit through trial is extremely complex and time-consuming. It is therefore imperative that you seek appropriate legal representation from a qualified law firm as soon as you suspect medical negligence. Any delay can irreparably harm the case and will only result in further problems in obtaining the answer you deserve about what truly happened, which the care provider often refuses to provide to you.
At Garson & Associates, our attorneys network with expert witnesses in birth injuries, surgical errors, failure to diagnose cancer, emergency room errors, prescription errors, pregnancy-related errors, as well as many other medical, nursing, pharmacy and paramedical issues, throughout Ohio and across the country. Our attorneys have been successful in litigating medical negligence cases as far away as Puerto Rico. We have accepted and successfully resolved medical negligence cases that other lawyers have reviewed and turned down. We have continued to pursue cases to a successful conclusion where other firms have given up.
Medical negligence cases are very difficult and are often highly expensive to litigate. The recent trend has been for insurance companies bringing this specific type of claim to trial, rather than settling out of court. The reason they are doing so is that, with the present legal climate, juries are sympathetic to physicians and often render verdicts in their favor due to concern for the doctor's reputation or medical insurance costs. It is therefore more important than ever that you seek out a firm like ours that only accepts and pursues medical negligence cases they are willing to try to a jury and has a proven track record of success with juries on such complex matters.
At Garson & Associates, we are an Ohio law firm that represents only clients with legitimate claims for medical negligence. We do not accept frivolous medical negligence lawsuits. We also do not continue to pursue a medical malpractice case without the support of a competent expert..
If you, a family member, or a friend believes he or she is a victim of medical negligence, we are just a phone call away at (800) 747-9330. The initial consultation will cost you nothing, and gathering the expensive medical records and evidence will cost you nothing unless we successfully resolve your case selection of and review by a qualified expert witness will also be paid for by us and will only be reimbursed by you if we successfully resolve your case. We only accept cases we believe in, we advance the costs to investigate, and we take the financial risk away from you at a time when you often most need us to do so. At the same time, we are highly selective in the medical negligence cases we accept and turn down far more cases than we take in after initial consultation or expert review.
614 W. Superior Avenue Suite 1600 Cleveland, OH 44113 TEL: 216.696.9330
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