Medical Malpractice

When we visit hospitals and medical facilities, we place a great amount of trust in doctors and medical providers. We seek their services to diagnose, treat and heal us. No one expects to be injured by a health care provider, so when it happens, the victims can be confused as to what they can do. If you were injured due to a medical mistake or negligence, who is responsible for paying your medical expenses? What if you are no longer able to work? And who is liable when a family member dies due to a medical error?

Injured By A Doctor In Ohio?

At Chester Law Group Co. LPA, we help families throughout Ohio bring medical malpractice claims. In doing so, we must prove that a medical provider needlessly endangered someone’s life or failed to provide treatment in the safest way possible. Specific cases we handle include:

Birth injuries

Misdiagnosis and failure to diagnose

Medication errors

Surgical errors

Emergency room errors

Nursing home negligence

Overcoming The Challenges In A
Medical Malpractice Case

Medical malpractice cases can be difficult for plaintiffs to pursue. Before you can even file a medical malpractice lawsuit, you must have a written opinion from a doctor stating that medical malpractice has occurred. However, even after the legal complaint is entered, there are still many hurdles to overcome. In most medical malpractice cases, negotiated settlements will be the favored option. Trials are risky and jurors tend to be sympathetic toward doctors. However, even when the plaintiff’s evidence is strong, sometimes the insurance company still won’t offer a fair settlement. When this happens, our attorneys are always ready for a courtroom battle. We will do whatever it takes to see that justice is served for our clients.

We are telling you about these challenges not to dissuade you from bringing a claim, but instead to educate you on what to expect. Our lawyers fully believe that if you are seriously injured due to a medical mistake or negligence, you deserve to be compensated. We only take cases that we believe in, so as your counsel, you can expect us to do everything in our power to ensure a successful outcome. While the road to resolution can be difficult in these cases, we are here to guide you each step of the way. When you work with us, our attorneys will take over your legal burden and work to alleviate as much of the related stress as possible.

DISCLAIMER: The results are specific to the facts and legal circumstances of each of the clients’ cases and should not be used to form an expectation that the same results could be obtained for other clients in similar matters without reference to the specific factual and legal circumstances of each client’s case. Litigation co-counsel is listed where appropriate.

  • MEDICAL MALPRACTICE: WRONG DRUG GIVEN DURING SURGERY: BRAIN INJURY

    Our client, a middle-aged Northeast Ohio woman, went in for routine surgery. She checked the box stating she was allergic to a medication used in anesthesia. She identified the drug she was allergic to. The anesthesiologist gave her that drug and she ended up with serious injuries, including brain damage leading to memory loss. Litigation co-counsel was Chris Mellino

    The hospital made a confidential settlement before the jury trial. We went to trial against the doctors involved and received a $3,100,000 verdict.

    Verdict: $3,100,000.00 Jury Verdict ; September 2013. Remanded for new trial 2019.

  • MEDICAL MALPRACTICE: FAILURE TO DO ULTRASOUND ON PREGNANT WOMAN.

    Our client, an Ohio woman was pregnant and went to her local hospital complaining of severe abdominal pain. The hospital knew that she was pregnant but failed to use baby monitor or do an ultrasound. The mother had internal bleeding which resulted in the death of her unborn child. A lawsuit was filed and a settlement reached quickly after. Our sincerest sympathies go out to her and her family. This tragedy could have been avoided if the hospital staff had followed established legal guidelines for the treatment of pregnant women with abdominal pain. Litigation co-counsel was Chris Mellino.

    Settlement: $1,000,000; March 2015

  • MEDICAL MALPRACTICE: FAILURE TO DIAGNOSE TOXIC KIDNEY STONES.

    Our client, an Ohio resident in her eighties, went in for treatment of kidney stones. It was our position that the doctor did not do the proper testing to determine if the kidney stones were toxic. When the doctor dissolved the kidney stones, the toxic remains killed our client. We co-counseled this claim with Chris Mellino which settled for $850,000 before trial. There was very little in economic damages due to our client’s advanced age. We are sorry for her family’s loss

    Settlement: $850,000; January 2013

  • MEDICAL MALPRACTICE: BRAIN INJURY DURING SURGERY.

    Our client was having surgery and she was given medication that she was allergic to. The doctors knew or should have known she was allergic because she had indicated this in her pre-surgical paperwork. As a result of her injury she has memory loss. The hospital made a confidential settlement before the jury trial date.

    Awarded: Confidential Settlement 2013

  • All
  • Medical Malpractice
Birth injury claims require special attention to details

In last week’s blog post, we discussed the cerebral palsy case that ended in a multi-million dollar award. This case is one example of why some parents opt to fight for compensation when a child is injured during birth. In this case, the parents received compensation for their son’s suffering and for his future medical…

Cerebral palsy case leads to multi-million dollar award

p>Cerebral palsy is a diagnosis that considerably changes the course of a child’s life. It also affects the parents. When the cerebral palsy was caused by the actions or inaction of a medical professional, the parents might opt to seek compensation. Recently, a jury found in the parents’ favor in a case revolving around cerebral…

Poor handwriting can lead to medication errors

If the pharmacy gives you the wrong medication, it could be due to an error on their end, but some studies have shown that the fault may actually lie with your doctor. If he or she has very poor handwriting, the pharmacy could inadvertently give you the wrong medication — or the wrong amount —…

How to find fault in a medical malpractice case

Finding fault in a medical malpractice case is easier said than done. While this may sound like an impossible feat, it shouldn’t be enough to scare you away. Instead, you should realize that there are steps you can take to improve your position. Generally speaking, there are two primary components of a medical malpractice case.…

Medication errors are common, can have a serious impact

Many patients overlook the fact that medication errors can and do happen from time to time. In fact, you may be surprised to learn just how common this is. Not every error leads to a serious health concern, but this could be the end result. There are many serious consequences of an improper dosage or…

Who can be responsible for medical malpractice?

Nobody wants to find themselves in position to file a medical malpractice lawsuit, as this means something has gone wrong with the care they have received. However, if you are put in this situation, it is time to learn more about your rights. This starts with knowing who to hold responsible. There are many parties…

Medical malpractice: Types and challenges

When you put your trust in a medical professional, you assume you will be in good hands at all times. Unfortunately, these people make mistakes just like everybody else. The bad thing is that one mistake can lead to serious injury or even death. There are many types of medical malpractice, including but not limited…

Patient says doctor failed to diagnose cancer; Ohio State settles suit

Early diagnosis is crucial to effectively treating cancer and many other potentially fatal illnesses. While most doctors are conscientious professionals whose primary concern is the health and well-being of their patients, doctors are not immune to mistakes. A doctor’s failure to order a test or simply misreading a scan could be detrimental to a patient’s…

Medical Malpractice and EMTALA claim: Possible Double Recovery

Failure to do ultrasound in ERs leads to state medical malpractice claim and Emergency Medical Treatment & Labor Act (EMTALA) claim. In this article we discuss a case our office is handling and how two hospitals’ actions led to both a state medical malpractice claim and also an EMTALA claim. Our client, a young woman…

Medical Malpractice Excess Recovery Through EMTALA Claim

The Emergency Medical Treatment and Active Labor act, or EMTALA has been on the books since 1986. The initial intent of the legislation was to ensure nondiscriminatory patient access to emergency care and to prevent the practice of dumping, or discharging of uninsured patients. EMTALA claims often go hand in hand with traditional medical negligence…

Injuries from medical negligence a serious risk in Ohio

Injurious medical errors happen more than you might expect, and the consequences can be devastating. In fact, the Office of the Inspector General has estimated that the federal government spends more than $4 billion annually to address medical errors in treatment covered by Medicare. It has also been estimated that hospitals report less than 1 percent…

Victim of medical negligence? You are not alone

Patients have a reasonable expectation that the doctors and nurses who treat them have already met high educational standards, will stay abreast of changes in the medical field, and ensure that patient safety is the top priority. Too often, however, that expectation is not met, and patients suffer serious injury because of medical negligence. In…

Ohio doctor found negligent after surgery that took man’s life

A serious problem has lately received increased attention in the medical field: poor communication. Members of hospital staff are sometimes reluctant to report issues even when a patient’s life may be at risk, and medical doctors often fail to properly communicate with nurses and other team members before ordering a medical procedure. It appears that…

Statute of limitations

I want to pursue an Ohio medical malpractice claim against my doctor, but I don’t know if it is too late. How long do I have to file a lawsuit? In most cases, adult victims of medical malpractice in Ohio have one year after their injury to file an Ohio medical malpractice claim. 2305.113 (A)…

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Do You Have A Case? Contact Our Law Firm To Find Out.

Most medical malpractice cases have a hard cap on compensation for pain and suffering, with the exception of wrongful death cases. Each case is different, so the best way to understand your position is to contact our law firm for a free consultation. Our medical malpractice lawyers practice in 20 office locations throughout Ohio, including Akron — so you will be able to work with an attorney in your own community.

Free Consultations | No Fees If We Do Not Win Your Case