FAQs

More than half of medical malpractice cases go to litigation, according to a 2012 study. But many cases are dismissed, or the sides reach a settlement regarding medical malpractice damages before a trial verdict. Each case varies based upon the standard of care provided by the doctor or hospital. However, most cases involve facts where the provider disputes they have committed malpractice, and thus a trial is necessary to determine whether the appropriate standards were met.

How Often do Medical Malpractice Cases Involve Litigation?

JAMA Internal Medicine published a study in 2012 that reported the outcomes of medical malpractice court cases. The findings showed that 55.2 percent of claims examined between 2002 and 2005 that involved costs to the defense went to litigation. The number of claims that involved litigation varied somewhat, depending upon the medical speciality involved.

• Anesthesiologists – claims against anesthesiologists went to court in 46.7 percent of cases.
• OBGYNs – claims against obstetricians and gynecologists went to court in 62.6 percent of cases.
• Internists and medicine-based subspecialists – claims against internists and medicine-based subspecialists went to court in 53.5 percent of cases.

However, in many cases, a settlement was reached prior to undergoing a trial verdict. A trial verdict was reached in 4.5 percent of the cases.

The Results of Medical Malpractice Court Cases

The aforementioned study in JAMA Internal Medicine reported that of the cases that do involve litigation, the courts dismiss 54 percent. Approximately 61 percent of cases involving internists and medicine-based subspecialists were dismissed on the high end of the spectrum, and 37 percent of cases against pathologists were dismissed. When cases are decided by a jury, the defendant wins 80 to 90 percent of the time if there is weak evidence, 70 percent of the time is the evidence is debatable, and 50 percent of the time if there is strong evidence of medical negligence, according to a 2009 study in the journal Clinical Orthopedics and Related Research.

A Harvard School of Public Health study published in The New England Journal of Medicine reported that 73 percent of patients who were harmed as a result of a medical error – as determined by trained physician reviewers – wound up receiving compensation in their cases. The average settlement amount in claims involving medical errors in 2006 was $521,560 according to the Harvard School of Public Health study. Researchers found that 54 percent of claimants’ settlements covered administrative costs.

Medical Malpractice Court Cases are Lengthy

When the case cannot be settled and must go to court, the legal process will take a substantial amount of time to complete. The longer it takes to reach an agreement, the longer the process is dragged out.

The 2012 JAMA Internal Medicine study reported the following.

• Cases that went to court but were dismissed took an average of 20 months.
• Cases that went to court but were resolved before a verdict took an average of 28.5 months.
• Cases that were decided by a jury with a verdict in favor of the defendant took 39 months.
• Cases that were decided by a jury with a verdict in favor of the plaintiff took an average of 43.5 months.

Discuss a Medical Malpractice Court Case with an Attorney in Cleveland

If you have a medical malpractice case, discuss your situation with an attorney in your area. For a medical malpractice firm in Cleveland, contact Ryan, LLP. We have more than 50 years of combined experience in helping clients pursue claims and secure settlements for medical malpractice. Call us today at (216) 466-0200 or contact us online.

To recover damages as a result of an accident or medical malpractice in Ohio, you must have suffered an injury to your person or property from the actions of another individual. In other words, the person or company who caused the harm or injury must be at fault for your accident.

Predicting the value of any Ohio personal injury case is almost impossible.  Ohio has laws that limit the recovery and the legislature has made it very difficult for the injured to recover a fair award for their injuries.  There are many factors that effects the value of a case.  Attorneys can only give you a general idea of the value of your case based on cases they have previously handled with similar facts and injuries as the present case. That said, the lawyers at Ryan Injury Lawyers generally are able to give our clients a settlement range that they can reasonably expect after our lawyers have reviewed the client’s personal injury case.

Not all accidents are clearly the fault of one individual.  If more than one person caused the damage, then negligence is distributed between the parties based on state apportionment laws.  The amount of damages are apportioned between the parties based upon the amount of negligence attributed to the individual party.  When the plaintiff and the defendant are both at fault, the amount of damages a plaintiff may recover is reduced in proportion to the amount of fault attributed to the plaintiff.  The judge or jury may determine that actions of the defendant, the plaintiff, or both, caused the accident.  Based on the facts of the case, the judge or jury will allocate the amount or percentage that each party was negligent.

The State of Ohio follows a type of apportionment called “Modified Comparative Fault, 50% rule.  The controlling statutes are found within Ohio Revised Code sections 2315.32 to 2315.36.  The Modified Comparative Fault – 50% rule states that the plaintiff may recover his/her damages as long as the plaintiff is not more than 50% at fault in the accident.  If the plaintiff is more than 50% at fault, then the plaintiff may not recover any of the damages as a result of the accident.  If the plaintiff is less than 50% at fault, then they may recover, but their recovery will be limited according to their amount of fault.

For example, if a judge or jury determines that driver 1 was 30% at fault in an accident and driver 2 was 70% at fault,  driver 1 could only recover 70% of his damages (100% minus his 30% negligence) from the other party. Driver 2 would receive no compensation from driver 1 since driver 2 was more than 50% negligent (70%).

If you have an issue regarding fault and comparative negligence, call Ryan, LLP to evaluate the facts of the accident and determine if you have a potential claim.

Even if the roads were snowy or icy at the time of your accident, you may still be entitled to recover damages from the other driver. A responsible driver should consider the weather conditions and adjust their driving behavior appropriately. If the other driver failed to take the necessary precautions, they can be deemed negligent and held liable for the outcome of their actions.

Car Accident in Cleveland, Ohio

In the State of Ohio, an individual involved in a vehicle accident that occurs as a result of driver negligence typically has two years from the date of the car accident to file a lawsuit.  There may be facts specific to your case which could extend this deadline, but generally, the limitation is two years.  This deadline is known as the “statute of limitations”, however, there may be more than one “statute of limitations” that applies to your case.

Insurance adjusters work to minimize the payout, often pushing for quick and lower settlements that may not fully cover your losses. They’re trained to protect the company’s bottom line, not yours. In contrast, having an experienced attorney ensures that every aspect of your claim—such as ongoing medical treatments, rehabilitation, and emotional distress—is taken into account. By having someone on your side who understands the legal process, you increase your chances of receiving fair and adequate compensation.

A large majority of slip and fall cases are the result of individuals losing their footing on ice or snow. In the State of Ohio, a property owner cannot be held liable for injuries that were the result of the natural accumulation of ice or snow. However, if the property owner created a hazard either intentionally or negligently, then you may be able to recover for your injuries. For example, a property owner has a broken downspout that directs water onto a sidewalk, which then freezes. If an individual slips on that ice and is injured, the property owner may be held responsible for the injuries that occurred as a result of the unnatural accumulation of ice.

A car crash on I-90 with a drunk driver leaves you with a fractured hip.

A defective toy gives your toddler third-degree burns.

A doctor improperly stitches your loved one’s surgical wound, resulting in a fatal infection.

What do these three events have in common? They are a few of the most common types of personal injuries that warrant compensation for damages.

What is a Personal Injury?

A personal injury is a broad term that refers to any type of injury that stems from an accident. When a person suffers a personal injury, it is often due to the negligence of another party. When this is the case, the injured party may file a personal injury claim to recover damages related to the accident and injury.

It is important to understand that not all personal injuries will warrant a claim, and not all claims will lead to damages. Every personal injury claim is different, and the following factors will determine whether or not you may be able to seek compensation:

• Duty of care. A personal injury claim begins with a party that owes a duty of care to the victim.
• Negligence. After filing a personal injury claim, it must be proven that negligence of the at-fault party resulted in the injury to the victim.
• Time. According to Ohio Code § 2305.10(A) , an injured party must file a claim within the time allotted by the state, which is typically two years after
• the accident took place. However, there are exceptions to this rule – two examples include cases involving medical malpractice and product liability. There are also shorter time limitations when the act causing the injury is considered intentional, such as an assault or defamation. Filing a personal injury claim is what allows an injured party or his or her family members to seek justice and compensation (also referred to as damages).
• Damages. Damages are the financial, physical and emotional losses a victim incurs as a result of the personal injury, including medical bills, lost wages, and pain and suffering.

Types of Personal Injury

At Ryan, LLP, we concentrate in the following types of personal injury claims stemming from:

• Motor Vehicle Accidents

Whether the accident involved a car, bus, truck or motorcycle, a major car crash may result in serious bone, muscle and organ damage.

• Medical Malpractice

Any person or entity charged with caring for your health may be liable for malpractice if you suffer personal injury that could have been avoided with proper, reasonable care.

• Wrongful Death

When an injury results in the death of a loved one, the personal injury claim becomes a wrongful death claim, which may lead to damages for the decedent’s estate as well as the decedent’s survivors; this can be a more complex claim.

Our law firm focuses specifically on these types of personal injury cases to ensure we can provide our clients with the best representation possible. For more than 40 years, our lawyers have gone against the top insurance companies at the negotiation table and in court, proving that we are not afraid to take a personal injury or wrongful death claim to trial.

Why do You Need a Personal Injury Attorney?

When you or a loved one has suffered a catastrophic injury, the outcome can be life-altering. Accident victims may suffer permanent injuries that prevent them from returning to their normal life. Spinal cord injuries, brain injuries, and limb amputations, for example, require lifelong care and special equipment.

Insurance companies may not take into account the long-term damages an injured party and his or her family may suffer. The personal injury attorneys at Ryan, LLP focus on how the accident affects you and your family’s future, both financially and emotionally.

When you choose Ryan, LLP to assist with your personal injury claim, you’re choosing a group of legal professionals who have the knowledge and resources to go up against major companies, insurers and government entities. For peace of mind and relief from dealing with insurance claims and lawsuits on your own, contact our law firm today for a free consultation: (216)466-0200.

Ohio is a fault-based car insurance state, meaning if another driver caused your accident, you can file a claim with his or her insurance company. But you should still inform your own insurance company of the accident right after it happens. In fact, policies often require drivers notify the insurance company of an accident regardless of who is at fault.

How Often do Medical Malpractice Cases Involve Litigation?

JAMA Internal Medicine published a study in 2012 that reported the outcomes of medical malpractice court cases. The findings showed that 55.2 percent of claims examined between 2002 and 2005 that involved costs to the defense went to litigation. The number of claims that involved litigation varied somewhat, depending upon the medical speciality involved.

Notifying Your Insurer Right Away Can Get The Process Started Sooner

Failing to notify your insurance company right away could delay recovering compensation for your bills stemming from the accident. In some cases, you may use your own insurance to pay your bills instead of waiting on a settlement from the at-fault driver’s insurance company.

For example, if you have collision coverage, you may pay your deductible and then your insurance company will pay the rest of the cost of your vehicle repairs. Your medical payments coverage – another optional coverage in Ohio – can help you pay your medical bills.

Notifying your own insurer of your accident can get the process started sooner so you can pay your bills and get your car repaired. Your insurance company may later recover these payments from the at-fault driver’s insurance company through subrogation. You may also recover any out-of-pocket expenses (like a deductible for car repairs) from the at-fault driver’s insurance company.

What to Say to Your Insurance Company After an Accident

It’s important to share the basic facts surrounding the crash. Write down this information at the scene and then communicate it with your insurance company so it has it as well.

The following is some of the information to provide to the insurer after a car accident:

• Speed
• Location
• Time of day
• Date of the accident
• Weather/road conditions
• Direction of travel
• Who hit whom
• Other driver’s name and insurance information
• Keep in mind that the extent of your injuries might not be clear yet.  So in this case, you can indicate that you are still receiving medical evaluation and treatment.

Before giving a recorded statement, though, talk to your attorney for guidance. Provide basic information initially after the accident and then work with your lawyer to collect the right evidence to establish the other driver’s fault. Adjusters with your own insurance company will also work to collect evidence and figure out who was at fault.

In addition to verbally sharing information, also share any documentation that can help prove the other driver was at fault with your insurer. This could include a copy of the accident report and photographs.

To show the impact it’s had on your life financially, physically and otherwise, be prepared to submit copies of:

• Repair quotes
• Medical bills
• Proof of lost wages
• Other relevant material

Help For The Legal And Insurance Process

Talk to an attorney for help navigating the legal and insurance claims process. Ryan, LLP can answer all of your questions about your right to take legal action against an at-fault driver and can help you pursue fair compensation. Call us at (216)466-0200 if you or a family member was severely injured in an auto accident.

About the author of this article: Thomas Ryan

In some cases, there may be more than one party liable in wrongful death suit. It can be exceptionally hard to pinpoint and prove fault with cases of this nature, though. If you are contemplating filing a wrongful death claim, speak with a local attorney in Cleveland to help determine whether or not negligence existed and against which parties you should file suit.

Multiple Parties May Be Liable for a Wrongful Death

Any party that contributed to your loved one’s death via carelessness or negligence potentially may be liable in wrongful death claim. In some situations, you can file suit against more than one party.

This can happen, for instance, if your loved one was in a car accident in which multiple parties were involved. It’s also possible in medical negligence cases. Sometimes you can file against both the doctor and the hospital or both the surgeon and the attendants.

A suit can be filed against an individual, a business or both. Establishing fault can be difficult in some cases and might necessitate an investigation, an accident reconstruction expert, and a careful examination of evidence by a wrongful death attorney.

Common Causes of Wrongful Death

Some common types of wrongful death include: 

•  Car accidents;
• Defective products and drugs;
• Premises liability cases;
• Work-related accidents; and
• Medical malpractice cases.

With each of these types of cases, more than one party may be liable. According to Ohio Revised Code §2125.02(B), if the case is successful, you may be able to collect compensation for the decedent’s estate, such as:

• Loss of the financial support your loved one would have provided;
• Loss of services;
• Loss of companionship, care, consortium, advice, attention, counsel, training, education and other similar forms of loss of society;
• Loss of inheritance; and
• Mental anguish.

Other damages may be recoverable as well. Damages are distributed based on state statutes or according to the deceased’s will, if one existed.

Discuss a Medical Malpractice Court Case With an Attorney in Cleveland

If you have a medical malpractice case, discuss your situation with an attorney in your area. For a medical malpractice firm in Cleveland, contact Ryan, LLP. We have more than 50 years of combined experience in helping clients pursue claims and secure settlements for medical malpractice. Call us today at (216)466-0200 or contact us online.

Auto insurance (or proof of financial responsibility) is mandatory for all drivers in Ohio. It is illegal to drive a vehicle in the state without proper insurance coverage (financial responsibility). But even if you have no insurance at the time of a car accident, you may still be able to file a claim if another party was at fault for the accident.

How Insurance Laws Affect Uninsured Drivers Who Cause Accidents

Since Ohio is an at-fault state, financial responsibility for an accident lies with the driver who caused it. Drivers must carry liability insurance to cover damages related to bodily injury and property damage for accidents they cause. If you’re uninsured, you won’t have this coverage and could be vulnerable to lawsuits if you were at fault for the accident. The Bureau of Motor Vehicles (BMV) can also put a security suspension for damages on your driving record if at fault. It remains there until you make a payment agreement or pay the damages in full or until a judgment shows the uninsured driver was not at fault for the crash.

As an uninsured driver, you won’t have optional no-fault coverage like medical payments or collision, and won’t have uninsured motorist coverage that protects you from other uninsured drivers. These types of coverage could otherwise provide compensation to motorists who caused an accident, as well as motorists who were in accidents with uninsured drivers.

Uninsured Drivers May File a Claim if Not at Fault

Because of Ohio’s fault-based insurance laws, the other driver is liable for damages he or she caused, even to uninsured drivers. If the other driver was at fault, you can file a claim with his or her liability insurance. The other party may file a Crash Report with the BMV regardless of which party is at fault. So penalties may still apply for not having insurance, unless you can prove financial responsibility, but you may be able to recover compensation for damages.

The claim should proceed like any other claim. You must establish the other driver is at fault. You must prove you suffered damages and provide evidence of the value of your damages. You’ll have to follow any protocol required to successfully recover damages. An attorney can help with this process. If unable to reach a fair settlement, you may pursue a lawsuit against the at-fault driver.

How an Attorney Can Help an Uninsured Driver Injured in a Crash

An attorney is critical if you suffered serious injuries in the car accident. It’s important to address the financial, physical and emotional losses in a claim settlement. Complex issues might arise if you have no insurance at the time of your car accident, so don’t delay learning more about your legal rights.

There may be many reasons why an insurance company refuses to pay for a rental when their insured is at fault.  The driver may have a limited coverage that does not include rental cars.  If you were hit by another car and the other driver’s insurance is refusing to pay for your rental, you are going to need to get an attorney involved to sort out the issues and to determine why rentals are not being provided.

Predicting the value of any Ohio personal injury case is almost impossible.  Ohio has laws that limit the recovery and the legislature has made it very difficult for the injured to recover a fair award for their injuries.  There are many factors that effects the value of a case.  Attorneys can only give you a general idea of the value of your case based on cases they have previously handled with similar facts and injuries as the present case. That said, the lawyers at Ryan Injury Lawyers generally are able to give our clients a settlement range that they can reasonably expect after our lawyers have reviewed the client’s personal injury case.