Medical Malpractice

What is the Standard of Care in Medical Malpractice? A Simple Guide

When we go to the doctor or visit a hospital, we trust that the medical staff will take good care of us. We expect doctors and nurses to know what they are doing and to keep us safe. Most of the time, they do. But sometimes, medical professionals make serious mistakes. When those mistakes...

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Can You Sue for Inaccurate Medical Records?

Essential information A patient can sue for inaccurate medical records if the error breaches the standard of care and causes harm. A wrong chart entry can cause a missed diagnosis, a bad prescription, or a delayed treatment plan. Ohio law gives patients about one year to file a claim after they find the injury....

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Can you sue a doctor for prescribing too much medication in Ohio?

What you need to know A doctor who gives too much medicine can be held responsible for the harm caused. Opioids, benzodiazepines, and antidepressants are common drugs linked to overprescribing. Ohio law asks for proof of duty, a broken duty, cause, and harm. Patients generally have about one year to file a lawsuit. Compensation...

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What’s the Difference Between a Medical Malpractice and a Wrongful Death Claim?

What you need to know Medical malpractice happens when a healthcare provider gives careless care that hurts a patient. A wrongful death claim can be filed when someone dies because of another party's carelessness. These two claims can overlap. This happens when careless medical care leads to death. Ohio law sets a different filing...

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How to File a Surgical Errors Lawsuit?

What you need to know Surgical errors are mistakes made by a surgeon or medical team during an operation. Ohio law gives injured patients a limited window of time to file a medical malpractice claim. Not every bad outcome after surgery counts as a surgical error under the law. Victims of surgical errors in...

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How Long Do Medical Malpractice Suits Take?

What you need to know For cases in the Cincinnati area, the litigation phase commonly lasts 12 to 18 months. Ohio law says a malpractice case needs a signed expert statement, called an affidavit of merit, before it can move forward in court. Discovery is often the longest phase, involving expert witnesses, depositions, and...

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How Does Medical Malpractice Differ from Negligence?

Essential Information Medical malpractice happens when a doctor or nurse fails to give proper care, and a patient gets hurt. Negligence is a broader term that covers any situation where someone acts carelessly and causes harm. Proving medical malpractice requires a medical expert to explain what went wrong. Ohio law limits the time you...

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How Often Do Malpractice Cases Go to Trial?

Key Takeaways Most medical malpractice cases settle before trial, saving time, money, and stress. A case is more likely to go to trial when fault is disputed or the injury is severe. A trial may be needed when a settlement offer does not cover your full losses. Strong medical records, expert opinions, and proof...

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Watch: Managing Partner Jay Kelley Featured on the Trial War Stories Podcast

Elk + Elk Managing Partner Jay Kelley recently sat down with host Andy Goldwasser on Season 2 of the Trial War Stories podcast to unpack one of the most remarkable medical malpractice cases of his career. The conversation explores how persistence, careful investigation, and following the evidence helped uncover critical facts that changed the...

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Can You Sue A Hospital For Misdiagnosis?

Key Takeaways Hospitals may be liable for misdiagnosis when a provider’s negligence causes delayed treatment and preventable patient harm. A misdiagnosis occurs when a doctor gives the wrong diagnosis, misses the problem, or delays treatment. Diagnostic errors affect millions of patients each year, with studies suggesting that about 1 in 20 adults experiences one...

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