What you need to know about heart attack misdiagnosis and whether there was medical malpractice involved.

Heart Disease is too Common to Ignore

Heart disease is the leading cause of death of both men and women in the U.S.[1] You may already know that.  But did you know that anyone—young or old, man or woman, any race or ethnicity—can suffer a heart attack?

There are more than 1.2 million new or recurrent coronary attacks in the United States every year.  About 425,000—or a third—of those attacks cause death.  Heart disease related conditions account for 1 in every 4 deaths.[2]

Over 650,000 people die of heart disease in the U.S. each year. That represents about 27 percent of all deaths in this country, according to the Centers for Disease Control and Prevention.

Emergency Rooms and Hospitals Miss too Many Heart Attacks

What is surprising is how often doctors and nurses on the front lines do not recognize the signs and symptoms of heart attacks.

man in blue shirt holding heart area of chest as if in pain from heart attack

Chest pain is not the only important sign of a heart attack, especially for women.

Tens of thousands of people who go to the emergency room with symptoms of heart attack are sent home and told they are fine.  (Or they are told they have indigestion, GERD, muscle strain, etc.)  According to some estimates, as many as 2-4% of people having a heart attack who go to the emergency room with a heart attack (more generally, “acute coronary syndrome,” or ACS) are discharged without the treatment they desperately need.  That includes myocardial infarctions or pre-infarction symptoms.

That’s astonishing and scary.  How can medicine know so much about heart attacks, symptoms, tests that can be done, yet miss tens of thousands of heart attacks or other emergency heart conditions when the symptoms are bad enough for the person to go to the ER?

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The Harm is Done Even if You Survive a Heart Attack Misdiagnosis

Then—if they’re lucky—people suffering a heart attack are later diagnosed with a heart attack and treated.  I say “lucky” because not everyone survives the heart attack after the emergency room or hospital sends them home.

But even when you survive after a heart attack misdiagnosis, you have likely suffered permanent, irreversible harm and even death that could have been prevented had the symptoms been properly diagnosed and treated.

Unfortunately, cases of misdiagnoses involving heart attacks are a common form of medical negligence.  This is particularly true for women, younger people, and minorities.

Causes of Failure to Diagnose Heart Attack

Sometimes doctors or nurses assume too much about a person, because they’re “too young” to have a heart attack.

Or they have a subconscious bias against believing women’s complaints about pain or other symptoms.  That’s more dangerous for women, because women are less likely to present with “classic” symptoms like severe chest pain radiating to the arms or neck (“angina”).

Younger people are also more apt to experience missed heart attack diagnoses simply because doctors don’t expect younger people to have heart attacks and can bypass critical tests.

Heart monitor digital display in green

Delayed treatment for a heart attack leads to permanent heart damage.

Sometimes doctors miss heart attacks because they do not order the tests to determine whether the patient was having a heart attack.

Or nurses and doctors are overworked and rushing too fast to take a thorough medical history and perform a thorough exam.

Sometimes they just mess up reading the test results: they ignore the heart attack right there on the page for anyone to see.

Other times, although the heart attack may have been sudden, and obvious, a primary care / family doctor, or even a heart doctor (“cardiologist”), may have mishandled treatment prior to the heart attack.  This could include not addressing significant heart attack risk factors that should have been treated (preventing the heart attack), prescribing the wrong types or amounts of medications, or missing heart abnormalities that could have been treated to prevent the heart attack.

Image of doctor's chest in lab coat with stethoscope

Your doctor is responsible for identifying and responding to serious heart attack risks. When they don’t, they can be liable for the result if it was negligent and proper care would have prevented the heart attack.

Either way, the result is the same: missed heart attack diagnosis leading to death or permanent heart injury. It is likely medical malpractice to miss the signs and symptoms of a person presenting with a heart attack to the ER or hospital.

What Should I Do If a Hospital or ER Misdiagnosed a Heart Attack?

The first thing you need to know is that Ohio has a very short window of time in which to file a lawsuit—just one year form the date of the malpractice—which means no matter what, you want a qualified Ohio medical malpractice lawyer investigating sooner than later.

The window of time—called the “statute of limitations”—is so short because the insurance lobby does not want to have to pay for medical negligence, even though insurance companies rake in billions of dollars in profits every year.

close up image of corner of envelope in person's hand with red stamp that has been postmarked with wavy lines

Under Ohio law, an Ohio heart attack lawyer can extend the time in which to file a claim by delivering to each defendant a special notice of claim.

There are ways we can extend the time to investigate, such as sending a special notice of claim.  And there are other factors that can keep the statute of limitations from starting, such as not discovering the malpractice, or continuing treatment with the negligent providers.  But these are complicated and are best handled by a heart attack misdiagnosis lawyer after they have medical records and other important information.

So do not delay.

An Ohio heart attack lawyer should be prepared to investigate thoroughly, which requires, at minimum:

  • meeting with you and the family to learn the critical facts (which might not show up in the medical records);
  • obtaining complete copies of relevant medical records (which might include years of primary care doctor or cardiologist records);
  • taking steps to preserve your right to file a lawsuit, if there is a time crunch on the statute of limitations;
  • reviewing and understanding the records so they can identify issues; and
  • have an expert physician review the records to confirm if there was heart attack malpractice.

If you meet with a lawyer who does not seem willing, capable, and eager to do a full investigation, you probably want to consider finding a different Ohio heart attack lawyer.

You also want to be sure you trust a lawyer to give you candid answers as to what happened, whether that is likely medical malpractice, and what to expect in the heart attack misdiagnosis lawsuit process.  You’re likely going to be taking on a large hospital or insurance company (or both).  You want to make sure they have the experience and ability to do that.

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But just as important, you want to be confident they’ll tell you if you do NOT have a strong case.  Why?  Because the process is not easy.  If they just want to get in, try to settle for a small amount, and get out, you’ll be the one left holding the bag if the hospital or insurance company refuses to pay.

I’m always disappointed when someone calls me and was dumped by a lawyer who never bothered to tell them why they did not have a claim.

What Claims Do I Have for a Misdiagnosed Heart Attack in Ohio?

In Ohio, when a medical caregiver negligently fails to recognize a heart attack and that harms the patient (whether permanent damage to the heart, additional invasive procedures needed, even death), the injured patient has a claim for medical malpractice.  (This is just a negligence claim, but they dress it up because it involves doctors.)

When the injury causes death—immediately, or over time—the patient’s family has a separate claim.  This is for their grief, mental anguish, and losses.  The family’s claim is called a “wrongful death” claim in Ohio.  Even though this is a separate claim, both the person’s claim (called a “survivorship’ claim, because it survives their death) and the wrongful death claim are brought by the person’s estate.

How Much will a Heart Attack Lawsuit Cost Me?

There are 2 answers to the question, “how much will my heart attack lawsuit cost me”?

First, how much will you have to pay out of pocket?

Hopefully nothing.  We never ask for up-front payment to investigate or file a heart attack lawsuit in Ohio. We handle everything on contingency.  Most other contingency lawyers do it the same.

But that does NOT mean the lawsuit is “free.”  Do not get scammed by the “No Fee Guarantee” lawyers who make it sound like everything is free.  In almost every case, you will pay for the costs of the lawsuit if successful.  In America, the losing party generally does not have to cover your legal fees and expenses.

Second, how much will the fees and expenses be?

Expenses depend on how far the case goes.

Most experienced medical negligence lawyers know it can cost $5,000 to $10,000 just to get through the investigation phase, if you must obtain a review of many records from multiple doctors.

Why would you need multiple doctors for a single heart attack case?

  • You could need a primary care doctor to evaluate whether the patient’s primary care doctor missed dangerous and treatable risk factors.
  • You might need a cardiologist to evaluate whether treatment would have prevented or minimized the heart attack or harm it caused.
  • You might need an emergency room physician or hospitalist to evaluate whether an ER doctor or hospital doctor acted negligently by not recognizing the symptoms or ordering the right tests.

The list goes on.

We never ask you to pay for these costs up front.  But if we’re successful, these costs are paid back from your recovery.  So we have to be thoughtful.  Spend enough to maximize the value of the case, but do not throw money away on things unlikely to help.

Getting through the rest of the case, if filing a lawsuit is necessary, can cost anywhere from $35,000-$100,000 or more.

You should consider hiring an attorney that focuses only on medical cases.  That way, they will be experienced in managing these costs.  And they won’t be afraid to take on the risk of such expenses to win the case.

Non-medical cases might cost a fraction of this.  That’s why a regular personal injury attorney might not want to go all the way in a heart attack medical malpractice case.  They might never be willing to spend that kind of money to investigate or work up a case.  “Dabbling” in medical malpractice, along with 10 other types of injury cases, is a bad idea.

Of course, you do not have to pay anything out of your own pocket.  But if there’s a recovery, that’s your money paying back the expenses.  I always say, this is your case, and I know I must justify spending your money.

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Do you have questions about a possible Nursing Home Abuse and Neglect case? Click below to start an investigation with us. We'll help you get answers.

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What Is Heart Disease?

When people use the phrase “heart disease,” they are usually referring to something called coronary heart disease. Coronary heart disease is a condition where a waxy material builds up in the arteries. This waxy material is referred to as plaque.

When this waxy material builds up in the arteries, it is called atherosclerosis. It takes years for plaque to build up in the arteries.

A man has coronary artery disease, and may suffer a heart attack because of medical malpractice.

This is an image available from the National Institutes of Health at https://www.nhlbi.nih.gov/health/health-topics/topics/cad showing the progression of blocked arteries, also called atherosclerosis.

Why is Heart Disease Dangerous?

Your heart needs oxygen rich blood. The arteries supply oxygen rich blood to the heart.

The plaque that builds in the arteries can rupture (break open) or harden. When either of these happen it can prevent blood flow to the heart tissue. This process where tissue dies because of a lack of blood flow is called myocardial ischemia. Myocardial ischemia is more commonly known as a heart attack.

This is a very similar process to what happens when a person suffers a stroke. The difference is that heart attack is like a stroke to the brain.

Ruptured Plaque

When plaque ruptures, a blood clot can form. A blood clot can limit or totally prevent the flow of blood to portions of the heart. Even when the blood clot does not prevent blood flow to the heart, the rupture can cause the plaque to harden. Hardened plaque can restrict blood to the heart muscle.

Hardened Plaque

As plaque builds inside the wall of the artery, it limits the flow of blood to the heart muscle. In a crude analogy, this is similar to sludge developing on the inside of the pipes in a home. As the sludge develops, the flow of the drain decreases. Eventually, the sludge will develop to the point that the flow is blocked altogether. At that point, the drain is plugged.

What is the Difference Between Angina and a Heart Attack?


Angina is chest discomfort or pain. Patients sometimes describe this sensation as feeling like their chest is in a vice.

But Angina does not have to be limited to the chest. Angina can feel like pressure or pain in back, jaw, neck, shoulders, or arms.

Angina can also feel like indigestion.

Heart Attack

A heart attack happens when a portion of the heart is prevented from getting oxygen-rich blood. Like other tissues in the body, the heart muscle will begin to die without oxygen-rich blood.

It is critical that blood be restored to the heart muscle as soon as possible. Without immediate treatment, the patient will go on to suffer serious health problems or death.

Is Heart Failure or an Arrhythmia Different than a Heart Attack?

A heart attack is a specific condition where blood does not flow to the heart muscle causing the heart muscle to die. It is different from both heart falure and arrhythmia.

Heart Failure

Heart failure is a condition where the heart cannot pump enough blood to allow the body to function properly. Often times this causes weight gain and fluid to build in the body.

Although heart failure is different from a heart attack, heart failure can be caused by heart disease.


You heart beats at a usual rate and rhythm. This is the “lub-dub, lub-dub, lub-dub” sound we are all used to hearing. When you have a problem with this rhythm, it is called an arrhythmia. An arrhythmia can occur when the rate is too fast or too small.

An arrhythmia can be fatal. Unlike most heart attacks, deaths from arrhythmias are typically sudden.

What Is Coronary Artery Bypass Grafting?

Coronary artery bypass grafting is a treatment for heart disease. Most people simply call these a “bypass” procedure.

A bypass procedure is a form of open heart surgery. The artery that has plaque buildup is literally “bypassed” by sewing (also called grafting) a new artery or vein in its place.

The grafted artery or vein bypasses (that is, goes around) the blocked portion of the coronary artery. This creates a new path for oxygen-rich blood to flow to the heart muscle.

Surgeons can bypass more than one artery at a time. Sometimes you will hear this called a “double bypass” or “triple bypass.” This simply refers to the number of arteries that have been bypassed.

This man is receiving coronary artery bypass grafting for atherosclerosis, avoiding the need to call a heart attack malpractice lawyer.

This is a figure of a coronary artery bypass procedure. It is available at https://www.nhlbi.nih.gov/health/health-topics/topics/cabg.

Coronary artery bypass surgery is the most common type of open heart surgery in the United States. Coronary artery bypass surgery is performed by surgeons called cardiothoracic surgeons.

Usually, the surgery improves or completely relieves angina symptoms in most patients. Many people remain symptom-free for as long as 10 to 15 years. Coronary artery bypass can lower your risk of having a heart attack.

Is a Bypass the Only Treatment for Heart Disease?

Coronary artery bypass surgery is not the only treatment that is available for heart disease. Other treatments lifestyle changes, medicines, and a procedure called percutaneous coronary intervention. Percutaneous coronary intervention is also called a coronary angioplasty.

Unlike coronary artery bypass surgery, percutaneous coronary intervention is a nonsurgical procedure. Doctors use percutaneous coronary intervention to open coronary arteries that are narrowed or blocked by plaque. Percutaneous coronary intervention may be used to relieve symptoms of coronary heart disease or to reduce heart damage during or after a heart attack.

A patient gets an angioplasty for a blocked artery, and may not need a heart attack lawyer for medical malpractice.

Percutaneous coronary intervention, often called an angioplasty of stent, can open the artery to allow blood flow.

A percutaneous coronary intervention uses a stent to open a blocked or narrowed artery. A stent is a small mesh tube that supports the inner artery wall. This allows the blood to flow freely.

[1] Deaths: Final data for 2013. National Vital Statistics Report. 2015;64(2)

[2] CDC, NCHS. Underlying Cause of Death 1999-2013 on CDC WONDER Online Database, released 2015.

How do I Hire You to be my Heart Attack Malpractice Lawyer?

The first thing to do is complete the contact form at the bottom of this page. That way, you can put in details that we can review before we schedule a phone call.

You can also call us at 216-777-8856 if you prefer.

You will likely not speak to us immediately, but will schedule a phone or in-person meeting. Why? Because we’re busy working on the important cases other families have entrusted to us. Just like we would not constantly take phone calls when we’re entrusted to work on your case.

You should also gather all the records and papers you have from the medical providers, go back and look for dates, names, and events that happened, and otherwise prepare to discuss the case. We’ll have a meeting and, if it seems like a case we’d be a good fit for, we’ll move into an investigation phase.

Once we’ve investigated, we’ll candidly tell you what we think about what happened, whether the medical provider is to blame, and what we think about the strength of the case.

Fair warning: we only take on clients whose cases we believe have very strong merits. We’re not lazy—the cases are still very complex, difficult, and expensive—but the risk to your family of being drawn into a difficult process with little chance of a positive outcome is not something we do.

Which means when we do take on a case, our reputation tells the other side this is a serious case we believe in.

If for whatever reason we do not take on the case, and we think there is some merit to the case, we’ll try and help you find a lawyer who might take it on.

Heart Attack Malpractice Articles

A doctor uses a tablet to communicate information about his patient.

What are Patient Handoffs and Why Does Your Life Depend on Them?

Doctors are sometimes required to see as many sixty patients in a single day. Each patient is entitled to care catered to his or her medical needs. But doctors, nurses, and other clinicians are receiving information about dozens of patients’ vital signs, symptoms, and potential treatments at any given moment. Maintaining this information and accurately communicating it to other medical providers is critical for patient safety.  Unfortunately, this information is often miscommunicated during transitions of care and at discharge. What exactly is a ‘transition of care’? A transition of care occurs when a patient moves between healthcare professionals. When a patient is referred by a primary care physician to see a specialist, a transition of care takes place, for example. A transition of care can also be when a doctor, nurse, or any other healthcare professional changes during a shift change on the job. Other transitions include when a patient is transferred from one medical facility to another—such as when a patient is moved from a small to a larger hospital or when a patient is sent to a rehabilitation facility after a hospital stay. Medical errors are a leading cause of death and injury in the United States. Between 200,000 and 400,000 people die each year from medical errors, making it the third leading cause of death in the U.S.  Medical researchers estimate that the number of patients who are seriously injured every year because of medical errors is 10 to 20 times that figure. Medical errors are a common source of wrongful death lawsuits. Serious medical errors include medication errors and overdoses, delayed diagnosis and misdiagnosis, and preventable surgical errors. It is estimated that 80 percent of the most serious medical errors can be linked to communication between clinicians, particularly during transitions in patient care. For example a handoff related ...
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Why You Will Never Know That Your Physician Has A History of Malpractice

Did you ever wonder if your doctor has a history of medical malpractice?  You likely won’t be able to find out because physicians are able to avoid scrutiny from the public and state licensing boards by settling lawsuits confidentially in the names of their corporate employer. Who Regulates Physicians and Hospitals? One of the functions of the government is to protect the public’s safety.  Governmental bodies like the Food and Drug Administration (FDA) and Centers for Disease Control (CDC) spend billions of dollars investigating new drugs and medical devices or studying diseases that could affect large numbers of people. Similarly, the Federal Aviation Administration (FAA) protects passengers on airplanes by strictly regulating pilots and crew as does the Federal Highway Administration (FHA) over America’s roads. Although healthcare is a multi-billion dollar industry that affects every one of us, there is no similar authority when it comes to protecting patients from medical malpractice.  Patient safety is in the hands of a patchwork comprised of voluntary organizations, medical boards, hospitals that employ physicians, and insurance companies that are dependent on the medical industry for their livelihood. The Joint Commission The Joint Commission is an independent body that accredits hospitals and other medical organizations.  Hospitals and other medical facilities are not required to seek approval of the Joint Commission.  But they cannot receive payments from Medicare if they are not accredited by the Joint Commission.  Practically all healthcare organizations are accredited by the Joint Commission. The Joint Commission accredits the following types of organizations:
  • General, psychiatric, children's, rehabilitation and critical access hospitals;
  • Home care organizations, including medical equipment services, pharmacy and hospice services;
  • Nursing homes and other long term care facilities;
  • Behavioral healthcare organizations and addiction services;
  • Ambulatory care providers, including group practices and office-based surgery practices; and
  • Independent or freestanding clinical ...
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Doctor in scrubs in foreground with blurred people in scrubs in background during surgery possible medical malpractice

Which Doctors Commit Medical Malpractice?

Shocking statistic: fewer that 2% of physicians are responsible for ALL medical malpractice claims. A report released by the Journal of Patient Safety in January 2017 showed that the majority of all medical malpractice suits were the result of the unreasonable actions of a few physicians.  The medical investigators reached the conclusion that a small outlier of physicians had a disproportionately negative impact on the safety of all patients. Over the past 25 years, there have been $83 billion in medical malpractice lawsuit payouts. The unreasonable actions of 1.8% of all physicians were responsible for half of that amount.  Those physicians, however, were rarely disciplined for their conduct. (Learn more about how Ohio medical malpractice lawsuits work.) The data demonstrates that only 12.3% of physicians had any action taken against their medical license.  And only 6.3% had any action taken against their clinical privileges to provide care.  That includes care at medical centers and hospitals. Prior studies reached similar results.  In 2016, The New England Journal of Medicine published a study that found that 1% of all physicians accounted for 32% of all malpractice claims over the past 10 years.  The researchers determined that a small number of physicians had a negative impact on patient care. Both studies found that doctors who paid multiple medical malpractice claims were substantially more likely to have additional medical malpractice claims in the future. The researchers also found that “there is evidence that most adverse events result from individual errors and that most malpractice suits reflect both patient injury and error." This reflects what many already know, that payouts from medical malpractice require not only poor medical care, but an injury caused by that poor care.  That's true whether the malpractice results in a permanent injury, or a wrongful death. All of this comes at a ...
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Three peopel in doctor's surgical scrubs with caps and masks performing surgery on patient under overhead light.

The Dark Side of Patient Care

No patient walks through the doors of a hospital expecting to be injured or made worse off than when he or she arrived. Patients expect that doctors and care providers will make them better, not worse.  Medical institutions should provide consistent, appropriate levels of care in order to diagnose and treat their patients.  In some cases, however, the standard of care provided falls painfully short of our expectations. Several recent high-quality studies have revealed that a shocking number of patients die each year as a result of poor medical practices.  A recent review of several high-quality studies published in The Journal of Patient Safety proved that between 200,000 and 400,000 patients in the U.S. die each year from preventable medical errors.  Far more patients suffer serious harms, such as infection, organ loss, and paralysis, because of medical errors.  Estimates in the medical field place the number of serious harms at 10 to 20 times the number of annual deaths.  Given that range, it is estimated that between 2 million and 8 million patients suffer serious harms as a result of medical errors each year. These figures are consistent with the results of prior studies. Investigators of a study published in 2008 reported that 1.5% of all deaths of Medicare patients hospitalized each month are the result of preventable medical errors.  A similar 2010 study showed that 1.4% of deaths of Medicare patients are the result of medical errors.  A study published in Heath Affairs in 2011 reported that a medical error contributed to the deaths of 1.1% of all patients.  The average age of the patients in that study was 59 years old. In May 2016 the British Medical Journal revealed that medical errors should be considered the third leading cause of death in the United States. The currently reported third leading ...
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Do you have questions about a possible Heart Attack Malpractice case? Contact us now using this confidential form. We'll help you get answers.

 Our No Fear Guarantee 

You’ve probably seen the lawyer ads: “No Fee Guarantee!” “No Fees if We Don’t Win!”   

Guess what? That’s true for just about any plaintiff’s lawyer.  It’s what a “contingency fee” means.  It doesn’t mean they’ll work hard.  Or get a good result for you.  It doesn’t mean much at all.

What we promise you is a NO FEAR guarantee.

What does that mean?  For 99% of our clients, a medical injury caused by negligence is new.  The medical malpractice lawsuit process is new.  Depositions, discovery, trial . . . everything is new.

New can be scary.  Especially when it involves having to testify under oath.

We’ve developed systems that let you address and move past the fear. Through education and information about the process. Role-playing and other preparation techniques. We empower you to be fearless.  Because this process is hard enough.

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Find the Right Nursing Home Abuse and Neglect Lawyers for You

Nursing homes are regulated by federal and state regulations that most personal injury lawyers know nothing about.

If you're looking to take on a nursing home, you need a lawyer who knows those rules.

We exclusively handle medical claims, with a focus on nursing home abuse and neglect. We've tried these cases and obtained millions in damages at trial. 100% our cases involve the failure to provide appropriate hospital, medical, and nursing care to members of the community.

How We’re Paid

We advance the costs of the investigation and lawsuit.  We only get paid from money we collect in a settlement of verdict: there’s never a bill to you.

By taking on all the risk, you can be sure we’re only going to take on cases we believe in fully.

What Can We Do to Improve Nursing Home Conduct?

Nursing Homes are corporations: they speak the language of money.  Corporations, even non-profit corporations, are not real people; they do not have hearts, minds, or souls.

In our experience, holding a medical corporation responsible and accountable for carelessly injuring patients through a money verdict at trial, or a settlement motivated by their fear of trial, is the best way to make sure there is change.

A well-fought lawsuit can help prevent other people from being injured in the same way.

What Damages are Available?

Money damages available in a nursing home lawsuit can involve economic costs (medical bills, etc.), emotional harms like pain and suffering, disfigurement, disability, and, if the injuries cause death, the mental anguish and loss of family members for wrongful death.

Many states allow for punitive damages when a medical corporation consciously disregards a patient’s rights and safety with a great probability of causing substantial harm. They are awarded in exceptional cases.

We’ve proven punitive damages at trial, including a $3,000,000 verdict for punitive damages against one of the largest medical companies in America.

Punitive damages are intended to punish, deter the defendant from doing the same thing in the future, and reform the nursing home industry.

What Else Can I do Besides Contacting You?

Once you contact us, you'll get a list of next steps, as well as emails explaining how the process works.  So contact us now, or call us at 216-777-8856.

I Have More Questions...

If you're like most of our clients, you have a lot more questions.

The best way to get answers is to contact us now, then ask us.  But don't worry!  Contacting us costs you nothing, and you are not locked into hiring us

There's no risk in contacting us.  And you'll receive more information on how these cases work, including free access to our library of important information on nursing home and wrongful death cases.