James M. Kelley

Top rated Medical Malpractice attorney in Mayfield Heights, Ohio

Elk & Elk Co., Ltd.
James M. Kelley
Elk & Elk Co., Ltd.
440-995-0105
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Practice areas: Medical Malpractice, Personal Injury; view more

Licensed in Ohio since: 1993

Education: The University of Akron School of Law

Selected to Super Lawyers: 2009 - 2026

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440-995-0105

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Elk & Elk Co., Ltd.

6105 Parkland Boulevard
Suite 200
Mayfield Heights, OH 44124 Visit website

James (Jay) M. Kelley III is the Managing Partner of Elk + Elk and a medical malpractice and catastrophic injury trial attorney with more than 25 years of experience. He has tried approximately 100 jury cases and has secured hundreds of millions of dollars in verdicts and settlements on behalf of his clients.

Jay focuses his practice on complex medical negligence and wrongful death litigation, including cases involving birth injury, maternal death, surgical error, cancer misdiagnosis, and other catastrophic injuries.

Before joining Elk + Elk in 2002, he served as a felony prosecutor and later represented major hospital systems in medical malpractice defense. This dual background provides a strategic advantage in anticipating defense strategies and presenting complex medical issues effectively to juries.

He has litigated cases throughout Ohio in state and federal courts and has appeared in appellate courts, including the Supreme Court of Ohio. Jay has also held leadership roles in complex, high-profile litigation, including serving as lead counsel and court liaison in litigation arising from a major fertility clinic failure involving University Hospitals, and as a member of the plaintiffs’ leadership committee in litigation arising from the November 2024 Tusky Valley bus crash, where he was appointed liaison to defense counsel.

In addition to his trial work, Jay is a contributing author to Comprehensive Gynecology and has served as a reviewer for Mosby’s Pocket Guide to Fetal Monitoring: A Multidisciplinary Approach. He frequently lectures to physician, nursing, and legal audiences on medical negligence and trial strategy.

Jay has been recognized as an Ohio Super Lawyer since 2009 and was named among the Top 5 Ohio Super Lawyers for Personal Injury Plaintiff (2026). He has also been included in the Top 100 Ohio Super Lawyers and Top 50 Cleveland Super Lawyers multiple times and was named Lawyer of the Year for Personal Injury Litigation in Cleveland (2026) and Lawyer of the Year for Medical Malpractice Law in Cleveland (2021).

Practice areas

Personal Injury - Medical Malpractice: Plaintiff, Personal Injury - General: Plaintiff

Focus areas

Birth Injury, Medical Malpractice

  • 90% Personal Injury - Medical Malpractice: Plaintiff
  • 10% Personal Injury - General: Plaintiff

First Admitted: 1993, Ohio

Professional Webpage: https://www.elkandelk.com/attorneys/james-jay-m-kelley-iii/

Bar / Professional Activity

  • Ohio Association of Justice- Chair of Medical Malpractice Section, Board of Trustees, 2012
  • Cleveland Academy of Trial Attorneys - Board Member, 2013
  • Cleveland Acadamy of Trial Attorneys (CATA)  - Board of Trustees, 2006
  • Ohio Association of Justice, 2017
  • Ohio State Bar Association
  • Ohio Association of Justice- Advocates Circle, 2017
  • Board Member, Cleveland Academy of Trial Attorneys (CATA), 2006 - Present
  • Cleveland Academy of Trial Attorneys- Board of Trustee, 2014
  • Ohio Association of Justice - Board Member, 2014
  • American Association of Justice- Leadership Forum. (AAJ), 2007
  • Ohio State Bar Association, 2016
  • Cleveland Metropolitan Bar Association
  • AAJ- Leaders Forum, 2017
  • Federal Court, Northern District of Ohio 1995
  • American Board of Trial Advocates (ABOTA)- Member, 2012
  • Federal Court, Southern District of Ohio, 2012
  • AWHONN- Associate Member, 2016
  • Ohio Association of Justice (OAJ) - Board of Trustees, 2009
  • Cleveland Metropoloitan Bar Association- Fellow, 2017
  • Ohio State Bar, 1993
  • Mass Tort Lawyers Association, Member, 2011

Verdicts / Settlements (Case Results)

  • $750K – Wrongful death (NEOhio), 2021
  • $2.275M – Wrongful death (Delaware County), 2018
  • $725K – Medical malpractice, 2020
  • $6M – Minor neurologic injury, 2022
  • $1.375M – Medical malpractice/wrongful death, 2018
  • $2.3M – Medmal involving minor, 2018
  • $2.3M – Birth injury, 2018
  • $3.25M – Birth injury, 2020
  • $4M – Birth injury, 2019
  • $5.45M – Birth injury (Southwest Ohio), 2015
  • $10 Million -- Paralysis case (Lucas County Record), 2004
  • $9.88M -- Birth injury claim.  (Portage County Record), 2006
  • $9.75 Million Dollars Birth/Neonatal injury arising from catheter malposition., 2013
  • $7.3 million dollar result, medical negligence anoxic injury., 2012
  • $6M -- Plaintiff suffered an anoxic brain injury in the recovery room from a combination of Morphine, Valium and airway risk factors, 2009
  • $6M -- Patient was administered a paralytic agent negligently resulting in an arrest and death while in the ICU, 2003
  • 5.45 Million result - birth injury causing CP, 2016
  • $5.3M -- Mismanagement of intrapartum care of twins, results in Twin "A"  suffering Hypoxic Ischemic Encephalapathy, 2008
  • 5.25 Million Dollar resolution, Birth Injury., 2013
  • $4.74 Million - Birth Injury resolution, 2015
  • 4.5 Million Dollar result for Labor and delivery claim resulting in hypoxic injury., 2011
  • $4.5 Million result - Birth injury resulting in CP, 2016
  • $4.1M -- Cerebral palsy case
  • $3.9M --  Mismanagement of Labor and delivery, including a failure to recognize warning signs on Fetal Tracings rusulting in Neurologic Injury (CP)  to the infant, 2007
  • $3.5M -- Surgical error case
  • $3.5 Million, Missed DVT, resulting in hypoxic injury., 2012
  • $3.5 Milion Dollar result for injury to neonate/child following placement of a PEG tube., 2011
  • 3.5 Million, Maternal Death, 2013
  • $3 million - Failure to timely place a cerclage resulting in premature labor, delivery and neurologic damage., 2017
  • $3M --  Wrongful death settlement for 16 year old from drowning, 2008
  • $3M -- Man burned over arms, legs and torso from explosion
  •  $2.99 Million - Birth Trauma
  • $2.5M -- Mismanagement or preterm labor resulting in a stillbirth, 2006
  • $1.95 Million Resolution - Epidural Complication, 2015
  • $1.8 Million settlement -Wronful Death, surgical complication, child., 2015
  • $1.8M -- Botched sinus surgery 
  • $1.5 Million dollar result for surgical error., 2011
  • $1.5 Million Resolution - Delay in diagnosis of Cancer, 2014
  • $1.5M -- Delay in diagnosing breast cancer
  • $1.1M -- Delay in Diagnosis and Treatment of Tongue Cancer Case
  • $1M -- Failure to diagnose prostate cancer - resulted in cancer progressing to Stage IV by diagnosis
  • Wrongful Death, pediatric cardiac surgery., 2017
  • Managed Vioxx claims including heart attack and thrombotic stroke claims as part of a $4.65 Billion settlement with Merck for 62 clients
  • Oversaw the handling and resolution of  claims related to birth control patches resulting in blood clots
  • Confidential Settlement - Wrongful death following outpatient surgery., 2016
  • Confidential settlement - Wrongful death following cardiac surgery, 2016

Representative Clients

  • J. M. Kelley's (Jay), civil trial work in state and federal courts encompasses matters of medical negligence and wrongful death arising from birth injury and surgery; oncological, cardiac and pharmaceutical causes. Mr. Kelley has presented to jury more than 70 cases, including felony prosecution, criminal defense, civil defense and civil plaintiff cases. He was lead counsel on cases in more than 30 Ohio counties, appeals court and the Supreme Court of Ohio.
  • Jay and his team were very professional. They were efficient and always available to be reached for questions. We definitely felt comfortable having them represent us and would recommend to anyone who needs their services!, 2019
  • Attorney Jay Kelley and his law firm helped to navigate a very difficult part of our lives. Jay was very responsive to our needs and answered our questions through every step of the process. Jay is top notch and I would highly recommend him to anyone seeking representation., 2019

Special Licenses / Certifications

  • Board Certified Civil Trial Specialist by the National Board of Trial Advocacy, 2005
  • Recertified-National Board of Trial Advocacy Civil Trial Law  , 2017
  • Board Certified, Civil Pretrial Practice Advocate, National Board of Trial Advocacy., 2012

Educational Background

  • B.A. College Of Wooster, Wooster, Ohio, 1990
  • JD University of Akron, 1993

Scholarly Lectures / Writings

  • Gershenson, Lentz, Valea, Lobo, 8th Edition Comprehensive Gynecology, Medical-Legal Risk Management, 2022
  • Keynote Speaker on Obstetric and Neonatal risk management,, Keynote Speaker, Legal Briefs for Perinatal and Neonatal Nurse, CAPP/ Perinatal Nurse Mgt Assoc, Obstetric, 2013
  • Reviewer - Mosby's Fetal Monitoring a Multidisciplinary Approach, Seventh Edition, Reviewer, Mosby/ Elsevier, Obstetrics, 2016
  • Medical Liability in Obstetrics speaker at Annual National Conference., Speaker, AWHONN, Obstetrics, 2013
  • Chapter 6, Medical-Legal Risk Management, Comprehensive Gynecology,Seventh Edition, Author / Contributor, Comprehensive Gynecology, Seventh Edition, Elsevier, Obstetrics/ Gynecology, 2016
  • Presenter, National Conference on Fetal Monitoring, Symposia Medicus, Medical/Nursing/Legal, 2014
  • Faculty/ speaker obstetrical liabilty and patient safety, Speaker / Faculty, 17th Annual National Conference on Fetal Monitoring, Symposia Medicus, Obstetric Liabilty, 2016
  • Keynote address for California Chapter of March of Dimes annual conference., Keynote Speaker, 15th Annual Conference for Health Professionals, March of Dimes, Obstetrics, Perinatology And Neonatal Care, 2015
  • Lecturer, Winter Conference on Obstetrics/ Gynecology, St. Kitts, W. Indes, Symposia Medicus, 2009
  • Medico-legal issues in Birth, resulting in injury to child and/or maternal death., Faculty, Annual Conference on Fetal Monitoring, Symposia Medicus, 2015
  • Reviewer of Medical - Legal chapter of fetal monitoring text., Reviewer, Mosby's Pocket Guide to Fetal Monitoring: A Multidisciplinary Approach, Medical / Legal, 2008
  • Lecturer, 13th Annual Conference on Fetal Monitoring, Las Vegas, Nevada, Symposia Medicus, 2009
  • Lecturer, 12th Annual Conference on Fetal Monitoring, Las Vegas, Nevada.  Symopsia Medicus, 2008
  • Lecturer, Ohio Evidence Workshop, PESI Cleveland, Ohio, 2008
  • Obstetrical Conference on Fetal Monitoring Symposia Medicus Las Vegas, Nevada, 2007
  • Lecturer, Obstetrical Conference on Fetal Monitoring Symposia Medicus Las Vegas, Nevada, 2008
  • Lecturer, 11th Annual Winter Conference on Obstetrics and Gynecology: Clinical Practice and Liability Issues/ Mock Trial Symposia Medicus Cancun, Mexico, 2006
  • Lecturer, Ohio Evidence Workshop 2006 PESI Beachwood, Ohio, 2006
  • Lecturer, Annual Sports Medicine Conference Cleveland Clinic Foundation Sawmill Creek Resort Sandusky, Ohio, 2006
  • Lecturer, 2006 Ohio Academy of Trial Attorney’s Annual Conference Ohio Academy of Trial Attorney’s Columbus, Ohio, 2006
  • Lecturer, 7th Annual Conference on Fetal Monitoring 2006 Symposia Medicus Las Vegas, Nevada, 2006
  • Lecturer, 10th Annual Winter Conference on Obstetrics and Gynecology: Clinical Practice & Liability Issues 2006 Symposia Medicus Maui, Hawaii, 2006
  • Lecturer, NITA, Trial Advocacy 2005 Judge/ Instructor Cleveland Bar Association Cleveland, Ohio, 2005
  • Lecturer, How to Win a Civil Trial 2005 PESI Continuing Legal Education, Las Vegas, Nevada, 2005
  • Lecturer, Annual Spring Sports Medicine Conference 2005 The Cleveland Clinic Foundation Sawmill Creek, Ohio , 2005
  • Lecturer, 6th Annual National Conference on Fetal Monitoring 2005 Las Vegas, Nevada Symposia Medicus, 2005
  • Author, Textbook: Mosby’s Fetal Monitoring; a Multidisciplinary Approach, Sixth Edition, Reviewer
  • Advanced Personal Injury, Damages, National Business Institute, Cleveland, Ohio, 2008
  • Guest Lecturer, Health Law Case Western Reserve School of Law 2003
  • Medical Risk Management, Pro-Assurance Company 1999, 2000, 2001
  • Medical Risk Management, The Medical Protective Company 1998, 1999, 2000, 2001
  • Jury Selection. The Akron Bar Association 1994
  • Obstetrical risk management: Deposition Strategies, Speaker, AWHONN, National Conference, AWHONN, Obstetric Nursing/Midwifery, 2010
  • Mock trial focusing on issues of medical malpractice and risk management in a birth injury claim., Speaker, National Conference Fetal Monitoring, Symposia Medicus, Obstetrics, 2012
  • Deposition preparation and tactics in birth injury claims., Speaker, Annual Conference, AWHONN, Obstetric Nursing, 2011
  • Medical- Legal overview of liabilty issues in Birth injury claims arising from improper fetal monitoring., Speaker, 12th Annual Coference on Fetal Monitoring, Symposia Medicus, Medical- Obstetrics, 2011
  • Author, chapter regarding Medical-Legal Liability in Gynecologic claims, Author/ Contributer, Comprehensive Gynecology 6th edition, Lentz, Elsevier, Medical- Gynecology, 2012
  • Faculty on risk management in Obstetrics., Speaker/ Faculty, Annual Conference on Fetal Monitoring, Symposia Medicus, Obstetric, 2013

Other Outstanding Achievements

  • Elected Precinct Committee Member for Democratic party ward 1-G Cleveland, Ohio., 2006
  • Jay serves on the plaintiffs’ leadership committee in litigation arising from the November 2024 Tusky Valley bus crash and was appointed as liaison to defense counsel in this complex multi-party case involving multiple fatalities and serious injuries., 2024
  • Jay served as Lead Counsel and Court Liaison in litigation against University Hospitals after a catastrophic fertility clinic failure in 2018. The incident rendered thousands of embryos and eggs non-viable, impacting dozens of families. Jay managed and resolved claims on behalf of 65 plaintiffs, coordinating litigation strategy and achieving significant results in one of Ohio’s most complex medical negligence cases., 2018
  • Member of AWHONN, 2015

Honors

  • Medical Malpractice Law, Lawyer of the Year in Cleveland, Best Lawyers, 2021
  • Personal Injury Litigation, Lawyer of the Year in Cleveland, Best Lawyers, 2026
  • Top 5 Ohio – Personal Injury Plaintiff, Super Lawyers, 2026
  • The Best Lawyers in America®, Best Lawyers, 2026
  • Top 50 Cleveland Super Lawyers
  • Ohio Super Lawyers
  • Top 10 Ohio Super Lawyers
  • Member, Million Dollar Advocate and Multi-Million Dollar Advocates Forum
  • Named To Best Lawyers in America Lists for Medical Malpractice Law and Personal Injury Litigation, Plaintiffs., Best Lawyer - Medical Malpractice Law and Personal Injury Litigation, Best Lawyers in America, 2017
  • Top 100- Lifetime Achievement Award, National Association of Distinguished Counsel, 2017
  • 10 Best Client Satisfaction- Ohio, American Institute of Personal Injury Attorneys, 2016
  • Board Member, CATA- Clevelan Academy of Trial Attorneys, 2016
  • Top 10 Attorney Ohio, AIOPA, 2016
  • Top 100 Trial Attorneys Ohio, Top 100 Trial Attorneys, ATLA, 2016
  • Named To Best Lawyers in America Lists for Medical Malpractice Law and Personal Injury Litigation, Plaintiffs., Best Lawyer -Medical Malpractice & Personal Injury, Best Lawyers in America, 2016
  • Top 5 Cleveland Super Lawyers, 2015
  • Top 100 Attorneys, NADC, 2015
  • Board Member, CATA - Cleveland Acadamy of Trial Attorneys, 2015
  • !0 Best Client Satisfaction - Ohio, American Institute of Personal Injury Attorneys, 2015
  • Nation's Top 100 Attorneys, NADC, 2014
  • 10 Best - Client Satisfaction Award, American Institute of Personal Injury Attorneys, 2014
  • Top 100 Trial Lawyers - Ohio, The National Trial Lawyers, 2013
  • Nationally Ranked - Top 10 Attorney Award, NAOPIA, 2013
  • The Top 100 Trial Lawyers - Ohio, The National Trial Lawyers, 2012
  • The Top 100 Trial Lawyers - Ohio, The American Association of Trial Lawyers, 2011
  • President's Award, Cleveland Academy of Trial Attorneys, 2010
  • The Top 100 Trial Lawyers - Ohio, The American Association of Trial Attorneys, 2010
  •  (10 or more 2 million dollar results), Elite Lawyers of America - Platinum Member, Elite Lawyers of America, 2009
  • Top 100 Trial Lawyer State of Ohio, American Trial Lawyers Association, 2008
  • Received 5/5, Preemminent rating., 5/5 Preemminent, Martindale-Hubbel, 2011
  • Top 100 Trial Lawyers - Ohio, The American Trial Lawyers Association, 2009

Office location for James M. Kelley

6105 Parkland Boulevard
Suite 200
Mayfield Heights, OH 44124

Phone: 440-995-0105

Selections

18 Years Super Lawyers
  • Super Lawyers: 2009 - 2026

Top Lists

Top 5: Personal Injury Plaintiff Super Lawyers: 2026
Top 50: Cleveland Super Lawyers: 2009, 2012 - 2026
Top 100: Ohio Super Lawyers: 2010 - 2026
Top 5: Cleveland Super Lawyers: 2012 - 2015
Top 10: Ohio Super Lawyers: 2011 - 2015

Certificates and credentials

National Board of Trial Advocacy
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