Pursuing a Medical Malpractice Case

Casey Injury Law Gets Answers

When medical malpractice occurs, healthcare professionals have broken a promise to the patient and family leading to permanent catastrophic injury or death. In an ideal scenario, doctors and hospitals would openly acknowledge medical errors. In reality, factors such as fear, pride, shame, greed, and money conspire to prevent you from learning of medical malpractice when it occurs. 

Our mission at Casey Injury law is to expose the truth of what happened.  What led to this tragedy? How should it have been averted? And who, if anyone, should be held accountable?  No one can promise a specific result, but we can promise to find you answers.   

The Casey Injury Law team of medical malpractice experts.

Over 30 Years of Medical Malpractice Experience

When you don’t know where to turn for answers or even what questions to ask, start with us. At Casey Injury Law, we are here to listen to your story.  Sometimes we can provide answers just based on this story.  Other times, we need to conduct a thorough investigation, provide you with updates, explain your legal options, and let you decide how to proceed with your case.  

We’re committed to advocating to the best of our ability on behalf of you or your loved one,  We excel at uncovering the truth and securing resolutions in malpractice cases.

Medical Malpractice Happens Anywhere

Inside the Hospital

Outside the Hospital

Medical Malpractice Happens Anywhere

Inside the Hospital

Outside the Hospital

Your Malpractice Case, Step-by-Step

To help you understand how we work with our clients and what to expect, we’ve outlined our process.

1. Consultation

A successful malpractice case requires proving that a healthcare provider failed to provide the accepted standard of care and that failure caused harm or death.  In your initial consultation, our staff will listen to your story with compassion and ask questions.

The consultation will include: 

  • Discussion of what happened: We review the medical treatment you received, the healthcare providers involved, and the adverse outcomes you or your loved one suffered. 
  • Explanation of legal rights: We will explain your rights and options as a medical malpractice claimant. Unfortunately, the time limitations for bringing a claim are short and it may be too late to move forward.  
  • Assessment of case strength: Based on the information you provide, we will assess the strength of your case and explain our decision to represent or not represent you.
  • Explanation of legal process: We will outline the steps involved in pursuing a medical malpractice claim and provide an approximate timeline so that you can decide whether you wish to pursue your case.
  • Discussion of fees and costs: This is often an area of concern for potential clients. Casey Law works on a contingency basis, meaning, we charge nothing upfront, including fees and expenses to prosecute your case. We receive a fee and recover the expenses only if and when damages are awarded. 
  • Questions and concerns: Our staff will take the time to answer your questions about moving forward with a malpractice case to provide a clear idea of what to expect.

2. Contract

Once we have each decided to pursue your case, you will sign a contingency fee contract; our contract is short and straightforward, without confusing or misleading fine print.  In this contract we agree to advance the costs of litigation and recover those expenses and a fee on the resolution of your case.  You promise to keep us informed of your whereabouts and work with us to help uncover the truth.  If you are unhappy with our representation, you can terminate the relationship at any time. 

3. Probate

If your case involves a wrongful death or damages to a minor, you will need to involve a separate probate attorney.  We work with our clients to arrange these services if needed. Obtaining medical records for someone who is deceased will require opening a probate estate and any resolution must be approved by the probate court of the county where the deceased lived. 

4. Investigation

Once we have a contract in place and probate opened if necessary, Casey Injury Law will conduct a thorough investigation into your case. This usually involves obtaining medical records, consulting with medical experts, and gathering evidence to support your claim. This information is incorporated with your knowledge of what happened to get a complete picture.  We will collaborate with leading medical professionals to analyze the factors contributing to injuries or death.

5. Legal Analysis

Based on the information gathered during the investigation stage, Jim Casey and his team will analyze the legal aspects of your case. They will determine if there was a breach of the standard of care by the healthcare provider that resulted in your outcome.  They will then obtain an affidavit from a medical professional attesting to the malpractice.

6. Filing of Complaint

If your case meets the criteria for malpractice, our team will file a formal complaint on your behalf in the appropriate court. The complaint outlines the allegations against the healthcare provider and seeks compensation for your injuries. The complaint will illustrate the harm caused by the malpractice, such as your inability to return to work after surgery or a diminished quality of life due to injury or a wrongful death.

7. Discovery

During the discovery phase, both parties exchange information relevant to the case, including medical records, the identity of witnesses, and expert opinions. Depositions are conducted where witnesses swear an oath to provide the truth.  Jim Casey will review the evidence provided by the defendant and prepare you to give deposition testimony as he prepares your case for trial.

8. Negotiation and Settlement

The best way to avoid trial is to be prepared for trial.  Many times leading up to trial, defendants and their insurance carriers wish to engage in settlement negotiations either directly or through a mediator.  At this time, Jim will go over the strengths and weaknesses of your case. You will approve the monetary demand and decide whether to accept any offer presented. Most cases are resolved by negotiation.

9. Trial Preparation

If a settlement cannot be reached, Jim and his team will prepare your case for trial. This includes drafting legal arguments, preparing witnesses, and developing a strategy for presenting evidence in court.

10. Trial

Jim will present your case before a judge and/or jury. You will be there with him.  He will argue on your behalf, cross-examine witnesses, and present evidence to support your claim.

11. Verdict

After both parties have presented their cases, the judge or jury will reach a verdict. If the verdict is in your favor, you will be awarded compensation for your injuries and damages.

12. Appeal (if necessary)

If either party is dissatisfied with the outcome of the trial, they may choose to appeal the decision to a higher court. Jim Casey will advise you on the best course of action based on the circumstances of your case.

Ohio Medical Malpractice Case Timeline FAQs

What is the timeline for filing a medical malpractice lawsuit in Ohio?

You have one year from the date of injury to file your medical malpractice case. However, wrongful death cases have a two-year statute of limitations.

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Are there any requirements for filing a malpractice suit under Ohio law?

Ohio law requires that you get a Certificate of Merit, which is a document filed by your lawyer certifying that they have consulted with an expert and found that a medical professional did something wrong and the case has merit.

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Does Ohio law have specific laws for malpractice cases involving a minor?

Yes. In Ohio, minors (children younger than 18 years) are considered to be under a legal disability, which delays the start of the standard limitation period.

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Casey Injury Law works for you

Your Medical Malpractice Advocate

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 Law 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.

Expertise in All Areas of Medical Malpractice

Understanding Medical Malpractice

When medical care fails, it’s imperative to know your rights. We will help you find answers.

Why Casey Injury Law

Discover Jim Casey’s dedicated approach to Ohio medical malpractice cases.

Cases

Jim Casey has the seasoned expertise to handle a wide range of malpractice cases.

Request an Initial Consultation

During an initial consultation, we’ll discuss the facts of your situation and decide together about the next steps for your case.

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