WORKERS' COMPENSATION - SOCIAL SECURITY DISABILITY - MEDICAL MALPRACTICE - PERSONAL INJURY - PERS

Archive for December, 2018

Top-Rated Workers’ Comp Lawyer Near Cleveland, Ohio and More

When you get hurt or sick on the job, you can count on the Cleveland workers’ compensation attorneys at Agee Clymer Mitchell & Portman to fight for the medical coverage and disability benefits you need. The law requires nearly all employers to participate in the state’s workers’ comp program. Employers also have legal duties to maintain a safe and healthy workplace and ensure safe working conditions.

When an on-the-job accident or exposure leaves you unable to work for weeks or months on end, know that you can reach out to one of our workers’ compensation lawyers in Cleveland, Ohio, to help you with accident reports, benefits applications, appeals, and, when necessary, lawsuits.

We handle all types of work-related injuries, from falls and assaults to motor vehicle accidents. You can also rely on us to assist with workers’ comp claims related to occupational illnesses that develop from breathing in cancer-causing or toxic fumes. Even if signs and symptoms of lung, organ, or brain damage do not show up until years later, you may still be entitled to workers’ compensation benefits. Call us to learn about your rights and legal options.

Agee Clymer Mitchell & Portman’s Cleveland-based workers’ comp attorneys also assist grieving families who lost loved ones in on-the-job accidents. A spouse or designated dependent child can file an Ohio Workers’ Compensation claim when their husband, wife, or parent died in a work-related incident.

Handling All Types of Injury, Wrongful Death, and Disability Cases

Car and truck crash victims can rely on our 100-plus years of combined experience to secure fair insurance settlements. Patients harmed by medical malpractice can trust us to hold negligent health care providers and hospitals accountable. Individuals who get turned down by their insurance company for short- or long-term disability coverage can depend on Agee Clymer Mitchell & Portman to take on claims administrators without becoming discouraged or intimidated.

Two things that set us apart from other Cleveland personal injury and disability attorneys are that we welcome cases arising from intentional torts and applications for public retirement plan disability benefits.

Assault, fraud, trespassing, and intentional infliction of emotional distress are crimes. The also provide grounds for civil lawsuits when the perpetrator set out to cause harm. Many plaintiff’s attorney who take personal injury cases turn down intentional tort cases because they demand serious commitment and dedication. At Agee Clymer Mitchell & Portman, we never shy away from working hard for our clients.

We also never back down from taking on the Ohio Public Employees Retirement System or another public sector employee pension plan. OPERS and similar programs take the place of Social Security and Social Security Disability Insurance (SSDI) for public school teachers, police, professional firefighters, professional EMTs, and local and state government workers. When an injury or illness leaves a public sector employee unable to work, OPERS or an equivalent program has an obligation to provide benefits. We hold the applicable retirement system to that obligation.

Securing Social Security Disability and Supplemental Income

The majority of Ohioans spend their working lives paying into the Social Security system so they will have money for retirement and access to cash benefits if they become permanently disabled. Unfortunately, a large number of applications for SSDI and Supplemental Security Income get rejected.

Partnering with a Cleveland-based Social Security disability attorney from the start of the application process increases the chances for success. An Agee Clymer Mitchell & Portman lawyer can also offer advice on collecting all the required medical proof of disability and represent clients at appeal hearings. We know how to navigate the system without letting complex rules derail our clients’ cases.

Contact a Workers’ Comp and Disability Lawyer in Cleveland, Ohio

Our client-focused practice covers workers’ comp, Social Security disability, intentional torts, disability insurance, and all forms of injury law, including medical malpractice. We offer free consultations to potential clients, and we take many cases on contingency. That means we only get paid if you receive a settlement or win your lawsuit.

A majority of our clients come as referrals from Ohio law firms. Other attorneys trust us; you should, too.

Follow this link to schedule an appointment online or call us at (800) 678-3318.

Examples of Medical Malpractice Claims

Any health care professional can injure or kill a patient through medical malpractice. Unfortunately, opportunities for doctors, surgeons, nurses, pharmacists, dentists and specialists to make life-threatening mistakes abound.

Brief discussions of some of the cases we have seen most often during our decades of combined practice as medical malpractice attorneys in Cleveland, Ohio, follow. If you or a member of your family has fallen victim to one of the problems identified here, or if you suspect that a negligent health care provider has harmed you in some other way, call Agee Clymer Mitchell & Portman at (800) 678-3318 to schedule a free consultation. We also take appointments online and can travel to you if your health or other considerations make visiting our offices in Cleveland too difficult.

Surgical Errors

This partial list of frequent surgical errors only scratches the surface of all the deadly or disabling mistakes that surgeons, nurses, anesthesiologists and surgical aides can make. Here are a few of the most common:

  • Operating on the wrong patient
  • Performing the wrong procedure
  • Operating on the wrong body part
  • Removing the wrong organ
  • Amputating the wrong limb
  • Injuring a patient while doing an operation
  • Administering an overdose of anesthesia
  • Administering too little anesthesia
  • Leaving surgical implements or sponges inside patients
  • Allowing patients to fall off the surgery table
  • Setting patients on fire due to a combination of flammable gases and the buildup of static electricity
  • Allowing infections to develop following surgery

Missed Diagnoses

Doctors and nurse practitioners can easily mistake chronic or potentially fatal health conditions for less serious problems. Cancers, aggressive respiratory infections and autoimmune diseases get misidentified all the time, subjecting patients to needless suffering and, too often, early deaths.

As we discuss in more detail below, it is not enough for a health care professional to make the wrong diagnosis. A misdiagnosis error only meets the legal definition of medical malpractice if a majority of similarly qualified health care professionals would have made the correct diagnosis when presented with the same information in terms of observable and reported symptoms, available test results and contemporary medical knowledge.

Medication Errors

Pharmacists, pharmacy technicians, nurses and nurse aides commit malpractice when the do any of the following things:

  • Dispense or administer the wrong drug to a patient
  • Dispense or administer the wrong dose
  • Administer drugs that have a high possibility of interacting in ways that will harm the patient
  • Fail to warn about dangerous drug interactions
  • Dispense or administer overdoses

Medication errors are among the most common forms of medical malpractice, but most patients experience no permanent harm. Only a person who suffers greatly from a medication error can purse a medical malpractice claim.

Birth Errors

All members of a birthing team have high legal duties to protect the health and safety of the mother and infant. When complications occur during labor, delivery or in the first hours of neonatal care, OB/GYNs, nurses, midwives and aides must act quickly and appropriately. The most common preventable birth injuries are related to depriving the infant of oxygen, allowing the mother to develop an infection, failing to control the mother’s blood pressure and heart rate during labor and delivery or injuring the infant while removing the child from the birth canal or by dropping the newborn.

Proving Medical Malpractice Is Difficult

Note that experiencing a poor outcome from treatment does not, by itself, provide grounds for pursuing a medical malpractice claim. To succeed in receiving a malpractice insurance settlement or receiving a civil trial jury award, the victim must show all of the following facts:

  • The health care provider named as the defendant/respondent had a duty of care to the patient/plaintiff,
  • The defendant/respondent violated that duty of care by acting negligently,
  • The negligent act directly harmed the patient/plaintiff, and
  • The harm experienced was significant.

Partnering with an experienced Cleveland, Ohio, medical malpractice attorney can help gather and organize all the evidence need to prove these things.


Cleveland OH Workers Comp Lawyer
Agee Clymer Mitchell & Portman
6100 Oak Tree Blvd., Suite 200, Cleveland Ohio 44131 USA
Tel: (216) 328-2125 Fax: (614) 221-7308 Map