Medical mistakes can have significant consequences, often causing pain, permanent injury, and even death. Filing a medical malpractice claim can help victims and their families recoup expenses associated with the negligence. Here’s a closer look at the qualifications and process involved. 

FAQ About Medical Malpractice Claims

What qualifies as a medical malpractice? 

Nearly every type of medical procedure has risks. However, malpractice enters the picture when the provider makes a mistake. Negligence is also considered when they fail to provide the level of care expected of their position. Surgical errors are a common example, especially if it ends up causing a serious health issue. Misdiagnosis and providing the incorrect medication to patients may also quality for a claim. 

medical malpractice

Who is liable for claims? 

Determining who is liable is specific to the situation. Commonly, medical malpractice claims are made against the person that committed the negligent act,  such as a physician or surgeon. Yet, in some situations, the facility becomes the main focus of the claim. Alternatively, both parties can be held responsible when there are multiple errors involved. 

What damages are available? 

Compensation is requested based on the extent of the damage suffered by the patient, which varies based by case. It’s common to seek financial compensation for medical expenses related to the incident. Lost wages are also available if the patient was unable to work resulting from the medical mistake. Additionally, funds can also be obtained for pain and suffering, including emotional and psychological trauma. 

How soon does a claim need filed? 

Every state has laws that set a timeframe on how long residents or those being treating within the territory are allowed to file a legal claim. In Ohio, the statute of limitations is set at one year. The clock begins when at the time the incident occurs or when the patient is made aware of what has happened. 


If you or a loved one have been harmed by a medical professional, reach out to Miraldi & Barrett, Co. in Lorain, OH. The local personal injury attorneys provide aggressive representation to medical malpractice and wrongful death clients across the Greater Cleveland area. Find out how they can assist you by calling (440) 233-1100.