FAQ'S

Many factors must be considered in establishing the precise statute of limitations and it is far beyond the scope of this site to discuss all the issues involved. It is strongly recommended that you call us if you have a question about the statute of limitations for a potential medical or professional malpractice case. We can get the facts and provide you with the advice you seek.

Without more information, it is impossible to answer your question. Malpractice litigation requires proof that your injuries resulted from a doctor departing from "accepted standards of medical care and treatment." Sometimes, a physician does everything right and the surgical result is still not good. Other times, a poor result is due to the physician's negligence. We are experienced in researching and evaluating medical malpractice cases.

It is unfair to ask your doctor to continue to treat you if you are suing him.

Carefully and precisely document all that you can about your medical care and treatment. Jot down the names, addresses and telephone numbers of witnesses. Make a list of all the doctors, hospitals, therapists and other medical providers you have seen in the past five years and give that information to your attorneys. Also, seek necessary follow-up medical care and follow your (new) doctor's orders.

No. Medical and professional malpractice cases tend to be fought "long and hard." No professional likes to be sued and the tendency is to defend the case in every way possible. One needs to expect a long time (years) to pass from the actual malpractice to the date of compensation.

This is a legal malpractice case. Your prior attorney is responsible for what you would have received had the statute of limitations not been missed.

Under state and federal nursing home regulations, neglect is the failure to care for a person in a manner that avoids harm and unnecessary pain or the failure to respond to a situation that may be harmful. Neglect may result from intentional or unintentional conduct.

No, many are not. To succeed with a claim, it must be demonstrated that the injury was preventable and that the facility failed to do what it could to prevent the injury. Unfortunately, many falls are simply not preventable.

This is difficult to determine and will depend on individual circumstances. While we are most likely to undertake serious injuries that involve broken bones, long-standing pain, death, significant disability, surgery or substantial medical expense, we will give every call our careful consideration.

Yes. A claim can be brought through your parent's estate. If the death resulted from the negligence of a nursing home, your family may be able to assert a wrongful death claim as well.

Wrongful death claims are intended to compensate the individuals most impacted by a loved one's death. When you file a wrongful death claim in Ohio, you act as a "personal representative" of the deceased's estate. In most cases, this is a next-of-kin family member who is financially harmed by the death, including a spouse, children or parents. More distant relatives such as grandparents or cousins may be able to file a claim if they are able to prove tangible harm, but it is not as likely.

You may be able to collect compensation for a range of losses, including:

• Income
• Medical bills
• Funeral expenses
• Companionship
• Inheritance
• Mental anguish

Cubbon & Associates Co., L.P.A., has helped Ohio families file wrongful death claims since 1953. Our experienced attorneys can evaluate your individual circumstances and create a plan for maximum compensation.