- Call today for a free consultation!
- 440.974.7872
- info@caseyinjury.com
- Call today for a free consultation!
- 440.974.7872
- info@caseyinjury.com
If you’re here, something probably feels wrong about the medical care you or someone you love received, and you’re looking for answers.
Below, attorney James Casey answers the questions we hear most often from people in your situation: people dealing with a serious injury or a devastating loss who aren’t sure what comes next. These aren’t scripted legal talking points.
They’re the same honest, straightforward answers Jim gives every person who calls our office.
If you don’t find what you’re looking for here, reach out. We’ll get back to you within one business day.
Trust your gut. If something feels wrong about the care you received, it may be wrong. Every case we’ve ever taken started with that gut feeling, and you deserve to have a lawyer listen and tell you whether the facts support it.
Legally, medical malpractice comes down to two things. First, a healthcare provider did something they shouldn’t have done or failed to do something they should have done. Second, that action or failure caused you harm.
But here’s something most people don’t realize: the harm has to be significant. Malpractice cases are expensive to pursue, and insurance companies fight hard. To make a case worth bringing, one where you’ll actually see the restitution you deserve, the injury generally needs to be catastrophic. Under Ohio law, that means things like death, loss of an organ or limb, permanent and substantial physical deformity, permanent paralysis, or similar life-altering consequences.
The simplest way to think about it: if they did something terrible and it had a terrible result, it’s probably malpractice. If they did something terrible but you recovered fully, it probably isn’t, even though what happened to you was wrong.
Absolutely. Miscommunication and not listening to patients are two of the primary ways healthcare providers commit malpractice. Patients say “this hurts” or “something feels wrong,” and providers dismiss it, chalk it up to something else, or simply don’t follow up. When that failure to listen leads to serious harm, it can absolutely be the basis for a malpractice case.
No, and this is one of the biggest misconceptions in medical malpractice. Here’s how “known complications” actually work:
A doctor performs a procedure and gets an unexpected result. They write about it in the medical literature. Other doctors say, “that’s happened to our patients too. ” Over time, it becomes a “known complication,” something the medical community recognizes can happen.
But here’s what nobody studies: whether those complications happened because the doctor did something wrong or despite the doctor doing everything right. That distinction is everything. A known complication can still be malpractice if it occurred because a provider failed to follow the proper standard of care.
They ‘ll tell you “this is a known complication.” What they won’t tell you is, “if we’d done it correctly, it wouldn’t have happened.” That’s the analysis at the heart of every malpractice case.
Yes. Most people who bring wrongful death cases do it because they want to stand up for their loved one the same way their loved one would have stood up for them. It’s about accountability.
In Ohio, the people presumed to have suffered loss from a death are the surviving spouse, surviving parents, and surviving children. Others, such as grandchildren, siblings, or cousins, may also participate, but they ‘ll need to present their claim to the probate court. To bring a wrongful death case, you ‘ll need to open a probate estate, even if the person who passed had no
assets. This gives the court a designated representative, an executor or administrator, who works with the attorney throughout the case. We connect families with probate lawyers regularly, and the person appointed as executor doesn’t receive more than any other next of kin. It’s simply an administrative role.
If you’ve lost someone and believe malpractice was involved, you don’t have to navigate this alone. We’ll walk you through every step.
The short answer is one year from the date of the malpractice, but it’s more complicated than that. Ohio’s statute of limitations gives you one year, but when that year starts running depends on your circumstances. If you’re still being treated by the same doctor for the same condition, the clock may not start until that treatment relationship ends. If you didn’t know malpractice occurred, the start date may be extended as well.
However, Ohio also has what’s called a “statute of repose,” an absolute deadline. If more than four years have passed since the malpractice occurred, you generally cannot bring a case, regardless of when you discovered the problem.
There are exceptions. For children, the deadline extends to one year past their 18th birthday, and a parent’s claim goes with it. For individuals with mental disabilities who cannot investigate their own cases, the statute may never begin to run.
This four-year cap can be particularly devastating for women whose conditions—detected through pap smears, mammograms, or similar screenings—were misread years before symptoms appeared. By the time they learn of the error, they may already be out of time.
The bottom line: don’t wait. If you suspect malpractice, reach out now, even if you’re not sure.
Ohio’s statute of repose creates a hard four-year outer limit from the date of the malpractice. If you’re beyond that window, you generally cannot bring a case, with narrow exceptions for minor children and individuals with mental disabilities. This is one of the most important reasons to act quickly if something feels wrong about the care you or a loved one received.
It takes months, and it’s important to understand why. Getting medical records from hospitals and providers is a slow process. Requests can take 30, 60, even 90 days, depending on the facility. Once we have the records, they need to be reviewed by a medical expert. From start to finish, it’s typically several months before we can give you a definitive answer.
That’s exactly why we tell everyone the same thing: don’t wait. If you think malpractice occurred, call now.
You don’t have to have all the answers or be ready to make a decision. You don’t even have to be the person who was injured. We regularly hear from a sibling, cousin, or family friend who says, “Let me handle this call so my loved one can focus on getting better.” That’s a perfectly fine way to start. We’ll get the paperwork moving while the injured person focuses on recovery.
There are ways to extend the deadline or work around it, depending on your circumstances. As mentioned above, the statute of limitations in Ohio is generally one year, but exceptions exist for ongoing treatment relationships, delayed discovery, minors, and individuals with disabilities.
The most important thing you can do is call us now. Even if you’re unsure about the timeline, we can evaluate your situation and determine what deadlines apply. Waiting is the one thing that can’t be undone.
You’ll hear back from us within one business day by phone, email, or text, whichever you prefer.
Your first conversation will be with a dedicated intake specialist who focuses exclusively on medical malpractice. After your initial conversation, your information is reviewed by a nurse practitioner on our team and then by Jim personally.
From there, we’ll let you know whether we think there’s a case worth pursuing. If there is, we’ll send you a contract and medical authorizations and get started immediately.
If we don’t think you have a case, we won’t just send you away without an explanation. We’ll tell you why, whether it’s a statute of limitations issue, a damages issue, a causation question, or something else. You came to us looking for answers, and you deserve to leave with them.
One important note: while medical malpractice is a form of personal injury, we don’t handle car accidents or workers’ compensation cases. Our sole focus is medical malpractice and medical negligence, which is why we’re experts in this space.
When you hire a medical malpractice attorney, you’re entering a relationship that will last multiple years. From the time a lawsuit is filed, it’s typically about two years before a trial date is set. The process involves coordinating schedules, completing discovery, taking depositions, and having expert witnesses review and report on the case.
But here’s what’s important to understand: the heavy lifting is on us, not on you. Your job is to focus on your recovery, follow your doctors’ orders, and get yourself as healthy as possible. Our job is to build the strongest possible case.
You’ll participate at key moments: answering written questions, preparing for and attending your deposition, and staying informed as the case progresses. But you won’t need to be involved in every step unless you want to be.
No. If we don’t win your case, you owe us nothing. That’s written right into our contract, which is one page long. In 35 years of practice, we have never asked a client to repay expenses on a case we lost. Those losses, sometimes hundreds of thousands of dollars, are our risk to absorb, not yours.
Our contract reflects how we believe the attorney-client relationship should work: we do our best for you, you do your best for your recovery, and we move forward together. Our priority is always the commitment to fight for answers and accountability on your behalf.
Throughout the process, Jim will provide you with his advice and guidance, always respecting the fact that this is your case, not his. You will make the decision on when, if at all, to resolve your dispute. Casey Injury provides guidance, support, and representation to ensure your rights are protected and that you receive the compensation you deserve.
Reach out today to find out more about how Jim Casey will get you answers.
When medical care fails, it’s imperative to know your rights. We will help you find answers.
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During an initial consultation, we’ll discuss the facts of your situation and decide together about the next steps for your case.