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Best Medical Malpractice Lawyers in Cleveland

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Ehrenreich & Associates logo
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Ehrenreich & Associates

526 Superior Ave., 230 Leader Building, Cleveland, OH 44114
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  • Wrongful Death

Business Description

Ehrenreich & Associates is a multi-practice law firm that serves clients in Cleveland and the surrounding areas. It represents victims in medical malpractice cases, including birth injuries, misdiagnosis, surgical errors, hospital negligence, and nursing home malpractice. Its lawyer helps individuals obtain just compensation for injuries resulting from medical negligence. Its team has over 40 years of experience in practicing law. Founding attorney Leonard Ehrenreich served as assistant director of law for the city of Cleveland. He also handled appellate cases in the Courts of Appeals.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
5.0

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We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
5.0
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Hoffman Legal Group, LLC Attorneys at Law logo
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Hoffman Legal Group, LLC Attorneys at Law

24100 Chagrin Blvd., Suite 280, Beachwood, OH 44122
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  • Wrongful Death

Business Description

Hoffman Legal Group, LLC Attorneys at Law counsels and represents residents of Cleveland with medical malpractice claims. It handles various medical malpractice cases, such as birth injuries, anesthesia failure, nurse negligence, improper emergency room care, and nursing home abuse and neglect. With a combined 30 years of legal experience, its attorneys have the skills and knowledge to help clients receive fair compensation for their injuries. Its founder, Andrew Hoffman III, devotes 65% of his practice to litigation.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
4.6
Google
4.6 / 5 (43)
Avvo
5.0 / 5 (15)
FindLaw
5.0 / 5 (8)

Professionalism:

We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
5.0
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Kampinski & Roberts logo
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Kampinski & Roberts

6480 Rockside Woods Blvd. South, Cleveland, OH 44131
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  • Surgical Mistakes
  • Misdiagnosis of Illness
  • Birth Injuries
  • Anesthesia Errors

Business Description

Kampinski & Roberts serves injured people in Cleveland. Among its clients are victims of negligence and errors made by medical professionals. It represents patients in cases involving inaccurate or delayed diagnoses, birth injuries to babies or mothers, surgical mistakes, and anesthesia mismanagement. The firm enlists the help of subject matter experts in injury evaluations and court testimonies. Kampinski & Roberts recovered $22.5 million in compensation for a pregnant client who suffered a high spinal due to excessive sedation.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
5.0
Google
5.0 / 5 (1)

Professionalism:

We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
5.0
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Klein & Carney Co., L.P.A. logo
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Klein & Carney Co., L.P.A.

55 Public Square Suite 1680, Cleveland, OH 44113
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  • Birth Injuries
  • Misdiagnosis of Illness
  • Surgical Mistakes

Business Description

Klein & Carney Co., L.P.A., serves residents of Clevelands who wish to seek damages under medical malpractice law. The firm files suit versus negligent medical professionals. The office handles cases of harmful misdiagnoses, birth errors, and medication mishaps. It also tackles instances of nursing home neglect. Christopher J. Carney serves as partner and director of litigation. Carney wrote the work: "Binding Arbitration Clauses in the Nursing Home Context" for the Cleveland Academy of Trial Attorney News.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
4.7
Google
4.8 / 5 (25)
Avvo
5.0 / 5 (2)
FindLaw
5.0 / 5 (2)

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Professionalism:

We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
5.0
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Knabe Law Firm Co L.P.A logo
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Knabe Law Firm Co L.P.A

14222 Madison Avenue, Lakewood, OH 44107
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  • Wrongful Death

Business Description

Knabe Law Firm Co L.P.A is a personal injury firm that has been serving those hurt by medical malpractice in Cleveland since 1979. Its legal team evaluates each case to determine if a medical professional or establishment acted negligently by failing to provide the accepted standard of care, thus causing injury or death to a patient. The firm represents victims and their families in obtaining fair compensation for damages incurred such as furthered medical bills, lost wages, out-of-pocket expenses, and pain and suffering.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
5.0
Google
5.0 / 5 (26)
Facebook
5.0 / 5 (18)
Yelp
5.0 / 5 (5)

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Professionalism:

We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
5.0
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Kraig & Kraig logo
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Kraig & Kraig

815 Superior Avenue East, Cleveland, OH 44114
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  • Wrongful Death

Business Description

Kraig & Kraig is a local law firm that serves clients throughout Cleveland and nearby areas for cases involving medical malpractice. Its legal team advocates for the rights of victims and their family members who have been harmed or have suffered wrongful death due to delays in diagnosis, misdiagnosis, hospital negligence or substandard care, and prescription drug or medication errors. The firm also handles personal injury cases related to auto and motorcycle accidents, as well as dog bites. It has been serving the community since 1963.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
4.5
Google
4.5 / 5 (15)

Professionalism:

We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
5.0
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Law Office of J. Michael Goldberg LLC logo
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Law Office of J. Michael Goldberg LLC

3401 Enterprise Pkwy Suite 340-500, Cleveland, OH 44122
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  • Wrongful Death

Business Description

The Law Office of J. Michael Goldberg LLC represents clients from Cleveland who have been injured by medical negligence. It also represents victims of car wrecks, truck and bus crashes, animal bites and attacks, and construction and industrial mishaps. The founder of the firm, Michael Goldberg, has more than 25 years of appellate, litigation, and first-chair courtroom experience. In addition to personal injury cases, Michael handles matters involving deceptive trade practices and insurance coverage and bad faith.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
4.7
Avvo
4.5 / 5 (31)
Google
5.0 / 5 (12)
Facebook
5.0 / 5 (2)

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Lowe Scott Fisher logo
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Lowe Scott Fisher

Tower City Center 1660 West 2nd Street, Ste 610, Cleveland, OH 44113
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  • Wrongful Death

Business Description

Lowe Scott Fisher is a law firm that takes on medical malpractice cases for clients in Cleveland and the greater Ohio area. For more than 30 years, it has represented individuals and families affected by injuries, incidents of wrongful death, and property and financial losses due to the negligence or actions of a medical professional. Its attorneys seek compensation in matters such as birth trauma and infant death, surgical errors, misdiagnosis or a failure to diagnose, anesthesia or medication errors, and emergency room mistakes.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
4.8
Google
4.8 / 5 (30)
Facebook
5.0 / 5 (7)

Professionalism:

We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
5.0
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McCarthy, Lebit, Crystal & Liffman Co., LPA logo
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McCarthy, Lebit, Crystal & Liffman Co., LPA

101 W Prospect Ave Ste 1800, Cleveland, OH 44115
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Business Description

McCarthy, Lebit, Crystal, & Liffman Co. LPA is a full-service law firm in Cleveland that handles medical malpractice claims. Its personal injyry and wrongful death practice represents those harmed due to careless actions or inaction by medical professionals and health care facilities. The firm seeks favorable verdicts and settlements on behalf of its clients, including compensation for birth injuries, wrongful amputations, brain injuries, and paralysis caused by medical negligence. It also offers representation in cases involving criminal defense, family law, and employment.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
4.8

Professionalism:

We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
4.0
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Mellino Law Firm logo
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Mellino Law Firm

19704 Center Ridge Road, Rocky River, OH 44116
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  • Wrongful Death

Business Description

Mellino Law Firm has been representing clients in Cleveland and the neighboring communities for more than three decades. It helps medical malpractice victims secure fair compensatory damages and hold liable parties accountable. Its attorneys handle common types of medical malpractice, including misdiagnosis, surgical errors, nosocomial infections, and delayed treatment. They also represent clients in personal injury cases resulting from car accidents and defective products. The firm has won $12.5 million in medical malpractice jury verdicts for injured clients in the state of Ohio since its inception.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
4.4
Google
4.7 / 5 (12)
Facebook
4.3 / 5 (9)
Avvo
5.0 / 5 (4)

Professionalism:

We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
5.0
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Milano Attorneys & Counselors at Law logo
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Milano Attorneys & Counselors at Law

2639 Wooster Road, Cleveland, OH 44116
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Business Description

Milano Attorneys & Counselors at Law has been representing clients in Cleveland for more than three decades. It assists individuals who have suffered serious injuries in filing medical malpractice claims to seek monetary compensation from negligent healthcare professionals or facilities. The firm also represents clients in criminal defense cases that involve domestic abuse, sexual abuse, and OVI/DUI. Jay Milano, the firm's founding attorney, also represents physicians, pharmacists, dentists, and other professionals in matters before their boards.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
4.6
Avvo
4.3 / 5 (6)

Professionalism:

We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
5.0
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Nancy C. Iler Law Firm LLC logo
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Nancy C. Iler Law Firm LLC

1360 West 9th St., Suite 202, Cleveland, OH 44113
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  • Wrongful Death
  • Nursing Home Neglect

Business Description

Nancy C. Iler Law Firm LLC offers legal consultation and representation to individuals and families in Cleveland. It assists clients making medical malpractice claims. The firm works on various medical malpractice cases, such as those that involve surgical mishaps, anesthesia errors, improper diagnosis, and birth injuries. It also handles nursing home abuse and negligence cases. Iler worked as a registered nurse before becoming an attorney. She is a member of the Cleveland Academy of Trial Attorneys and the American Association for Justice.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
4.6
Google
4.6 / 5 (12)
Facebook
5.0 / 5 (1)

Professionalism:

We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
4.0
Responsiveness
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Detail
––
NRS Injury Law logo
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NRS Injury Law

27730 Euclid Avenue, Cleveland, OH 44132
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  • Wrongful Death

Business Description

NRS Injury Law is a full-service injury law firm that assists individuals who are pursuing workers' compensation, personal injury, or Social Security disability claims. The professionals handle a wide range of cases, from auto accidents and medical negligence to premises liability, nursing home neglect, and wrongful death. This statewide practice has physical offices and staff in Cleveland, Columbus, and Dayton. Its team consists of 25 full-time attorneys and over 50 full-time paralegals and administrative personnel who have 300 years of combined legal experience.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
4.4
Google
4.4 / 5 (281)
Facebook
4.7 / 5 (109)
Yelp
3.5 / 5 (10)

(+2 additional sources)

Professionalism:

We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
5.0
Responsiveness
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Obral Silk & Pal LLC logo
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Obral Silk & Pal LLC

55 Public Square Suite #1700, Cleveland, OH 44113
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  • Wrongful Death

Business Description

Obral Silk & Pal LLC is a law firm that provides services to clients in the Cleveland metro and the surrounding areas. It offers legal counsel and representation to individuals suffering from injuries that have resulted from medical malpractice. It also works on other personal injury cases, such as car, motorcycle, and trucking accidents, premises liability, and wrongful death. Alexander L. Pal, the firm's attorney, was recognized as one of the Top 40 Under 40 Personal Injury Lawyers by The National Trial Lawyers.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
5.0
Google
5.0 / 5 (20)
Facebook
5.0 / 5 (3)

Professionalism:

We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
5.0
Responsiveness
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Detail
Reese & Kwarciak Co., LPA logo
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Reese & Kwarciak Co., LPA

1375 East Ninth Street, Suite 2420, Cleveland, OH 44114
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  • Anesthesia Errors
  • Nursing Home Neglect

Business Description

Reese & Kwarciak Co., LPA, is a law firm in Cleveland that handles medical malpractice cases. These involve errors and negligence of doctors and medical professionals, leading to a variety of serious injuries, including paralysis, amputations, and brain and spinal cord problems. The practice also handles nursing home negligence and wrongful death. In addition, it advocates for the rights of automobile, motorcycle, and truck accident victims. Founding partner Olan Reese has been practicing personal injury law since 1984.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
5.0
Google
5.0 / 5 (3)

Professionalism:

We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
5.0
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Detail
Robenalt Law logo
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Robenalt Law

23550 Center Ridge Road Suite 103, Westlake, OH 44145
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  • Birth Injuries
  • Nursing Home Neglect
  • Misdiagnosis of Illness
  • Surgical Mistakes
  • Anesthesia Errors

Business Description

Robenalt Law represents Cleveland clients who have been injured due to healthcare providers' or institutions' inappropriate procedures, such as errors in diagnosis, treatment, or management of diseases. Its lawyers spend time listening to clients to understand their concerns and learn about the injuries they sustained. They fight aggressively with opposing parties to obtain maximum compensation for victims. The firm's founder, Tom Robenalt, worked as an insurance defense lawyer in 1993 before starting and focusing on his plaintiff practice.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
5.0
Facebook
5.0 / 5 (4)

Professionalism:

We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
5.0
Responsiveness
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Detail
Taubman Law logo
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Taubman Law

1826 W 25th St, Cleveland, OH 44113
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Business Description

Taubman Law provides services to clients across Cleveland and the neighboring cities. It handles various medical malpractice cases involving birth injuries, infection, surgical mistakes, misdiagnoses, and prescription medication errors to help individuals seek justice and compensation for their pain and suffering, injuries, and lost wages. It represents clients fighting for their rights to hold the negligent urgent care centers, hospitals, nursing homes, doctors, and dentists accountable. Its partner, Bruce Taubman, brings over four decades of legal experience. He also practices law in Nevada.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
4.3
Facebook
4.2 / 5 (180)
Google
4.8 / 5 (42)
Avvo
4.0 / 5 (4)

(+1 additional source)

Professionalism:

We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
5.0
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The Becker Law Firm logo
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The Becker Law Firm

1111 Superior Avenue East, Suite 400, Cleveland, OH 44114
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  • Misdiagnosis of Illness

Business Description

The Becker Law Firm serves clients in Cleveland. Its principal attorney, Michael F. Becker, is a board-certified civil trial lawyer with over 40 years of experience. He and his team represent patients who have suffered life-altering injuries or wrongful death due to medical malpractice in hospitals and nursing homes and help them seek compensation. They handle other cases such as birth, electrocution, and personal injuries. The firm has recovered millions in settlements on behalf of their clients.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
4.3
Google
4.3 / 5 (28)
Facebook
3.0 / 5 (2)

Professionalism:

We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
5.0
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The Brunn Law Firm Co., L.P.A. logo
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The Brunn Law Firm Co., L.P.A.

700 W St Clair Ave Suite 208, Cleveland, OH 44113
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  • Wrongful Death

Business Description

The Brunn Law Firm Co., L.P.A., has been serving Cleveland and the surrounding areas since 1998. The firm, led by Thomas Brunn, represents victims of medical malpractice due to wrong diagnoses, negligent medical care, or incorrect treatments. Its legal team create litigation strategies, coordinate with medical experts, assist in insurance claims negotiations, and prepare for jury trials. Brunn is a fellow of the Cleveland Metropolitan Bar Foundation and a member of the Ohio Association for Justice.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
4.8
Google
4.8 / 5 (4)

Professionalism:

We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
4.0
Responsiveness
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The Skolnick Weiser Law Firm, LLC logo
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The Skolnick Weiser Law Firm, LLC

600 Superior Avenue East Suite 2505, Cleveland, OH 44114
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  • Wrongful Death
  • Birth Injuries

Business Description

The Skolnick Weiser Law Firm, LLC, helps the people of Cleveland and nearby areas. Its attorneys have over a century of combined experience in different practice areas, including medical malpractice law. Its lawyers seek justice and maximum restitution to help victims or grieving families rebuild their lives. Among the cases they handle are surgery mistakes, birth errors, and misdiagnosis. The team has won millions of dollars in verdicts and settlements for clients. One of its members, Howard Skolnick, belongs to the Multi-Million Dollar Advocates Forum.

Reputation:

We scour the internet for reviews from well-known resources. Each provider is evaluated based on the quality and quantity of their reviews, their presence on multiple review sites, and their average minimum rating.
4.3
Google
4.1 / 5 (30)
Facebook
4.6 / 5 (9)
Avvo
5.0 / 5 (4)

(+1 additional source)

Professionalism:

We hire mystery shoppers to call our providers anonymously and evaluate them. Providers who respond quickly, answer questions thoroughly, and communicate politely score higher.
5.0
Responsiveness
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Back to Providers

Frequently Asked Questions

What does a medical malpractice lawyer do?

Medical malpractice lawyers represent patients who have been injured during or as a result of medical treatment, when those injuries are caused by the negligence of health care providers, including physicians, dentists, anesthesiologists, clinics, and hospitals. A medical malpractice attorney will meet with a patient, determine if a malpractice case is warranted, gather information from the patient and from medical experts, depose defendants under oath, and negotiate a settlement on behalf of the patient. If an out-of-court settlement cannot be reached, a medical malpractice attorney will litigate the case in court on behalf of the patient.

Do I have a medical malpractice case?

To have a medical malpractice case, a patient must have been injured when a health care provider, who had a duty of care to the patient, breached the accepted standard of care. An attorney looks for certain signs that medical malpractice has taken place, including:

  • A lack of informed consent, in which a person didn’t agree to a treatment or procedure, or the  provider failed to fully explain the risks before proceeding
  • A highly unusual outcome results from a procedure or treatment, which may indicate that the provider made a mistake
  • A patient is informed by their health care provider or hospital that a mistake was made

What are the chances of winning a medical malpractice lawsuit?

According to the U.S. National Institutes of Health’s 20-year study of medical malpractice case outcomes, winning a suit largely depends on the strength of the evidence. Patients won just 10% to 20% of jury trial cases with weak evidence, compared to 30% of lawsuits with midrange evidence. Patients succeeded in 50% of cases with strong evidence. In addition to evidence, factors such as an attorney’s familiarity with the practice of medicine, and the attorney’s specialized background in medical malpractice law, may contribute to the success of the lawsuit.

Is a misdiagnosis suitable for medical malpractice?

Misdiagnosis can constitute malpractice if it's proven that a doctor has failed to meet the usual standard of care. These types of cases usually involve mishandling of testing or delayed diagnoses. They may also involve a doctor's failure to interpret test results, screen for a specific condition, provide a specialist referral, discuss symptoms a patient is experiencing, or investigate possible causes of reported symptoms.

As a patient, how do I choose a good medical malpractice lawyer?

Start by creating a short list of local medical malpractice lawyers specializing in plaintiff representation, then narrow it down by taking these steps:

  • Look at the lawyer’s website for details about their malpractice experience and knowledge.
  • Check whether an attorney is a member in good standing of local, state, and national trial lawyers' associations and the state bar association.
  • Ask what percentage of each lawyer’s caseload is devoted to medical malpractice, what portion of the cases go to trial versus settling, and how much of the case work is delegated to support staff.
  • Verify that an attorney works on a contingency fee basis and absorbs up-front expenses.

What percentage of a settlement do medical malpractice lawyers get?

Medical malpractice lawyers typically represent clients on a contingency basis, receiving payment only if the plaintiff receives a settlement. The standard fee is 33% of the amount awarded. Attorneys may also pay litigation expenses up front, such as filing fees and other case-related costs, before receiving reimbursement from the settlement. Contingency fee percentages, other litigation costs, and payment structures may be negotiable.

What’s the statute of limitations on medical malpractice?

Statutes of limitations for medical malpractice lawsuits differ in each state. The limitations in three of the most populous states show how these laws can vary:

  • California plaintiffs have one year from discovering an injury or three years maximum from the injury date. Cases of foreign objects left in a person's body during surgery have no three-year deadline.
  • New York claims must be filed within 30 months of an injury-causing event. The time limit for left-behind foreign objects is one year from discovery.
  • Texas plaintiffs have two years to file suit, post injury. There are several exceptions, including continuing treatment situations, discovery after the limit expiration, and a 10-year maximum limit.

How do you file a medical malpractice lawsuit?

Taking these steps may get a medical malpractice issue resolved quickly or help when filing a lawsuit becomes necessary:

  • Contact the doctor or health care provider to discuss the injury and a solution to the situation.
  • File a complaint with the local medical licensing board.
  • Check the state’s statute of limitations for filing a malpractice claim.
  • Consult with an impartial medical expert to get a written opinion on whether accepted standards of care were followed.
  • Arrange a free initial consultation with a local medical malpractice lawyer to determine if filing a lawsuit is worthwhile.
  • Consider settling with the health care provider or their insurance company to avoid a lengthy court case.

How does a medical malpractice lawsuit work?

A consultation with an attorney is the first step in initiating a medical malpractice lawsuit. During the consultation, the patient will explain their case, including their injuries and the impact of those injuries on their life and well-being. The patient will identify the person or organization they believe breached the standard of care, and indicate how they believe that breach led to their injuries. The attorney will determine if the patient has a viable malpractice claim, and if so, will enter into an agreement to represent the patient. Next, the attorney will begin an investigation, reviewing medical records and consulting with medical experts. Following the investigation, the discovery process will allow the plaintiff and defendant to share information with each other about the case under oath. In the vast majority of malpractice cases, the settlement phase follows. During this phase, the doctor or facility will agree to pay the plaintiff a mutually agreed upon amount of money. If a settlement cannot be reached during this phase, the medical malpractice lawsuit will proceed to trial.

As a healthcare provider, how do I avoid medical malpractice?

With the goal of enhancing the quality of care provided, while also limiting the risk of harm to patients, doctors can reduce the likelihood of medical malpractice lawsuits by adopting best practices, such as the following:

  • Establish trusting relationships through open and honest communication, and disclose poor outcomes and errors if they occur.
  • Stay up to date on disease management methods, technological advancements, and current standards of care in their area of specialty.
  • Obtain informed consent by fully explaining the risks and possible outcomes of procedures and treatments.
  • Improve follow-up care after any missed appointments and scheduled tests and procedures to help prevent delayed or overlooked diagnoses.
  • Maintain accurate, detailed records of patient exams, treatments, and counseling provided.

What can a medical malpractice defense attorney do for a doctor who has been sued by a patient?

While it can be upsetting and stressful to be sued by a patient, medical malpractice lawsuits are actually fairly common. In fact, a recent American Medical Association benchmark survey found that more than one third of physicians in the U.S. have been sued for malpractice at some point during their career. In the event of a patient lawsuit, the doctor’s malpractice insurance provider will supply the doctor with a malpractice defense attorney to handle the case. If the doctor is not confident with the insurer-provided attorney—for instance, if they sense that their case is being passed along to less experienced associates, or if they feel like they are being forced into a settlement by their insurer—they can hire, and pay for, private counsel. In these cases, the private malpractice defense attorney can explain legal procedures, weigh in on case strategy and settlement possibilities, and suggest stronger defense action if warranted.

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