Cleveland Medical Malpractice Lawyer | Call (216) 931-7000

Frank E. Piscitelli, Jr. (founder of Piscitelli Law Firm) has spent over 30 years representing individuals and families harmed by professional negligence.

His work in medical malpractice litigation focuses on securing justice for those injured by surgical errors, misdiagnosis, delayed treatment, and other serious failures in medical care.

Frank has built a reputation for taking on complex, high-stakes cases and achieving meaningful results for clients suffering from catastrophic injuries.

He personally oversees every case, applying a focused and strategic approach backed by decades of experience and a strong network of medical experts.

Frank limits the number of cases he accepts to ensure each client receives the attention, time, and resources their case deserves.

His commitment to his clients is rooted in a belief that no one should suffer in silence when a trusted medical provider causes preventable harm.

Frank is a current member of the National Trial Lawyers, Super Lawyers, and was inducted into the Multi-Million Dollar Advocates Forum in 2023 for achieving significant results on behalf of his clients.

Contact the Piscitelli Law Firm today for a free consultation and speak directly with Frank Piscitelli, a Cleveland medical malpractice attorney who is ready to help you seek justice.

How Much Does it Cost to Hire a Cleveland Medical Malpractice Lawyer from Piscitelli Law Firm?

At Piscitelli Law Firm, we handle medical negligence cases on a contingency basis, meaning you pay no upfront fees or hourly charges.

Our firm only receives payment if we successfully recover compensation through a settlement or verdict in your favor.

This arrangement allows seriously injured individuals and their families to pursue legal action without the financial stress of out-of-pocket legal costs.

By working on a contingency basis, our goals are aligned with yours—we are motivated to achieve the best possible outcome for your case.

This structure ensures that access to experienced legal representation isn’t limited to those who can afford it, especially in complex and high-cost medical malpractice cases.

If we do not win your case, you owe us nothing.

In Ohio, patients harmed by negligent health care must follow specific procedures outlined in state personal injury law to bring a medical negligence litigation claim.

Under the Ohio Medical Malpractice Statute (Ohio Revised Code § 2305.113), victims generally have one year from the date they discovered the injury—or reasonably should have—to file a lawsuit.

In cases involving death, surviving family members may bring wrongful death lawsuits against hospitals, physicians, or other medical providers whose actions led to the loss.

To move forward with a claim, the injured party must prove that the provider owed a duty of care, breached that duty, and directly caused serious harm or death as a result.

Ohio also requires a detailed affidavit of merit from a qualified medical expert to confirm that the case has a valid basis.

This rule is intended to prevent frivolous claims but also makes medical malpractice cases highly complex.

An experienced attorney can guide clients through each step—gathering records, consulting experts, and preparing evidence to hold doctors or facilities accountable.

The process can take time, especially when insurance companies and defense teams challenge the facts of the case.

With the right legal support, patients and families can build a strong case and seek compensation for the harm they’ve suffered.

Here are the key steps involved in pursuing a medical malpractice case in Ohio:

1. Initial consultation with a medical malpractice lawyer – Discuss the injury, treatment received, and whether negligence may have occurred.
2. Collection and review of medical records – Your legal team obtains and examines all relevant documents from hospitals, clinics, and providers.
3. Expert medical review and affidavit of merit – A qualified expert evaluates the case and provides the required affidavit to move the claim forward.
4. Filing the complaint – Your attorney files a formal lawsuit in court, naming the negligent providers or institutions as defendants.
5. Pre-trial discovery and depositions – Both sides exchange evidence, question witnesses under oath, and build their respective cases.
6. Negotiations and potential settlement – The legal teams may engage in settlement discussions to resolve the matter without trial.
7. Trial (if necessary) – If no agreement is reached, the case proceeds to trial, where a jury determines liability and awards damages.
8. Appeals or post-trial motions – After trial, either party may file appeals or request changes to the judgment.
9. Disbursement of compensation – If successful, funds are distributed to cover medical expenses, lost wages, pain and suffering, and other damages.
10. Ongoing legal support – Your attorney continues to provide assistance if future legal or medical developments arise related to the case.

Gathering Evidence for Medical Malpractice Claims

In medical malpractice claims, evidence is critical to proving that a healthcare provider failed to meet the accepted standard of care.

Without clear, well-documented proof, it is extremely difficult to establish negligence or link the provider’s actions to the patient’s injury or death.

Evidence must demonstrate both what went wrong and how the mistake directly caused harm.

A strong evidentiary record is often the deciding factor in whether a case succeeds in settlement or trial.

Types of evidence in medical malpractice cases include:

• Medical records detailing treatment, diagnoses, and procedures
• Expert witness opinions confirming deviations from standard care
• Hospital and surgical reports, including operative notes
• Diagnostic imaging, test results, and lab reports
• Written communications between the patient and provider
• Medication logs and pharmacy records
• Witness statements from nurses, other doctors, or support staff
• Documentation of follow-up care and resulting complications
• Employment or disciplinary records of the provider involved
• Photographs of physical injuries or conditions caused by the negligence

Damages in Medical Malpractice Cases

In personal injury litigation, damages refer to the financial compensation awarded to victims to cover the physical, emotional, and financial harm they have suffered.

In medical malpractice cases, damages are designed to make the injured party whole by addressing both measurable costs and long-term consequences.

These may include the cost of medical care, loss of income, pain and suffering, and the impact on quality of life.

Compensation calculated is often based on the severity of the injury, future medical needs, and the extent to which the malpractice has altered the victim’s ability to function or work.

Common types of damages in medical malpractice cases include:

• Medical expenses for corrective treatment, surgeries, and ongoing care
• Future medical costs related to long-term complications
• Lost wages and diminished earning capacity
• Pain and suffering caused by the injury and its aftermath
• Emotional distress and psychological trauma
• Loss of enjoyment of life or daily functioning
• Disability or permanent impairment
• Wrongful death damages, including funeral costs and loss of financial support
• Punitive damages in rare cases involving gross negligence or intentional misconduct

Medical malpractice occurs when a healthcare provider’s actions fall below the accepted standard of care, resulting in harm to a patient.

These errors can happen at any stage of treatment—from diagnosis to surgery to follow-up care—and often have serious, lasting consequences.

Surgical mistakes are one of the most well-known forms of malpractice, including operating on the wrong site or leaving surgical instruments inside a patient’s body.

Misdiagnosis or delayed diagnosis can lead to unnecessary suffering or even death, particularly when conditions like cancer or infections go untreated.

Medication errors, such as administering the wrong drug or dosage, may cause allergic reactions, organ failure, or fatal overdoses.

Birth injuries, often caused by poor monitoring or improper use of delivery tools, can result in permanent disability for the child.

Anesthesia errors, including incorrect dosing or failure to monitor vital signs, are also life-threatening forms of negligence.

Failure to obtain informed consent is another serious issue—patients have the right to understand the risks before undergoing any treatment or procedure.

Even post-operative care errors, like ignoring signs of infection, can escalate into critical health emergencies.

Each of these situations may give rise to a valid medical malpractice claim if they result in avoidable harm.

Common types of medical malpractice and negligence include:

• Surgical errors, including wrong-site surgeries and retained surgical tools
• Misdiagnosis or delayed diagnosis of serious conditions
• Medication and prescription errors
• Birth injuries to mother or child due to negligent prenatal or delivery care
• Anesthesia mistakes during surgery or other procedures
• Failure to diagnose or treat post-operative complications
• Negligent follow-up care or premature discharge from the hospital
• Failure to order appropriate diagnostic tests
• Ignoring abnormal lab results or imaging
• Lack of informed consent before treatment or surgery

Injuries Resulting from Medical Malpractice and Medical Negligence

When medical malpractice or medical negligence occurs, the resulting injuries can range from temporary complications to devastating, life-altering conditions.

Some patients may experience a permanent reduction in quality of life, while others suffer complications that lead to long-term disability or wrongful death.

These injuries often require extensive treatment, rehabilitation, or lifelong care, placing enormous emotional and financial strain on individuals and their families.

Whether the harm stems from a surgical error, misdiagnosis, or failure to provide timely care, the impact can be catastrophic.

Common injuries resulting from medical malpractice include:

• Brain damage due to oxygen deprivation or anesthesia errors
• Spinal cord injuries leading to paralysis or reduced mobility
• Internal bleeding or organ damage from surgical mistakes
• Severe infections from improperly sterilized instruments or untreated wounds
• Birth injuries such as cerebral palsy or brachial plexus injuries
• Amputations caused by misdiagnosis or untreated infections
• Disfigurement or scarring from negligent surgical procedures
• Loss of vision or hearing due to medication or procedural errors
• Emotional trauma and psychological distress
• Fatal injuries resulting in a wrongful death claim

If you believe that you or a loved one has been harmed due to medical malpractice or medical negligence, it’s important to take action quickly to protect your health and legal rights.

Many patients are unsure whether what happened qualifies as malpractice, but early documentation and legal guidance can be critical.

Begin by seeking proper medical care to address any ongoing health concerns and to prevent further harm.

Do not confront the provider or facility directly, as this can complicate your case.

Instead, follow the steps below to begin building a strong claim with the help of an experienced attorney.

Steps to take if you suspect medical malpractice or medical negligence:

1. Seek immediate medical attention to treat your injury or obtain a second opinion.
2. Request copies of all medical records, including test results, treatment notes, and discharge summaries.
3. Document your experience, including timelines, symptoms, communications, and any changes in your condition.
4. Avoid discussing the situation with the healthcare provider or their insurance representative without legal counsel.
5. Contact a medical malpractice lawyer to evaluate your case and explain your legal options under Ohio law.

To qualify for a medical malpractice lawsuit, you must be able to show that a healthcare provider’s actions deviated from the accepted standard of care and directly caused you harm.

Not all medical complications or poor outcomes result from negligence, so it’s critical to determine whether the injury was preventable and linked to a provider’s error.

In Ohio, malpractice claims must be supported by expert medical testimony and an affidavit of merit, which confirms that your case has a factual and legal basis.

You may qualify if you were misdiagnosed, given the wrong treatment, injured during surgery, or denied necessary care.

Cases involving wrongful death, permanent disability, or life-threatening complications may also qualify for legal action.

The timing of your injury and when you discovered it can impact whether your claim falls within Ohio’s one-year statute of limitations.

A lawyer will review your medical records, treatment timeline, and the facts of your case to assess whether you have a viable claim.

If your life was disrupted due to a medical provider’s preventable mistake, you may be eligible to pursue compensation through a medical malpractice lawsuit.

At Piscitelli Law Firm, we represent injured persons and families across Cuyahoga County who have suffered due to the negligence of doctors, hospitals, and other medical professionals.

We understand the emotional, physical, and financial toll of a serious injury caused by medical error—and we’re committed to helping you pursue accountability and compensation.

Unlike other lawyers who may treat your case as just another file, we offer personalized service, devoting focused time and attention to every detail of your claim.

Our firm’s founder, Frank Piscitelli, brings decades of experience, a hands-on approach, and a strong record of results in complex medical malpractice litigation.

We work with respected medical experts, build compelling cases, and hold negligent providers accountable for the harm they’ve caused.

If you’re looking for one of the best law firms in Cleveland to handle your medical negligence case, you can trust that your case will receive the care and dedication it deserves.

Contact Piscitelli Law Firm today for a free consultation.

Call (216) 931-7000 or use the chat feature on this page to speak with a Cleveland medical malpractice lawyer about your case.