Mishkind Kulwicki Law Co., L.P.A. Blog

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April 2016

Fatal Medication Error Avoidable

By |April 12th, 2016|

A number of systems are in place to prevent a medication error in the hospital.  Still, medication errors remain the most common source of hospital errors.  One system developed to reduce prescription error is the "computerized physician order entry," or CPOE, which is used by 97% of hospital nationwide as part of their electronic medical [...]

Employer’s Liability for IC’s Truck Accident

By |April 6th, 2016|

When a truck accident is caused by an employee of the trucking company or company engaged in hauling, the company is liable for personal injury or wrongful death caused by the employee.  Ohio law has long held that an employer is vicariously liable for the acts of its employee.  However, an employer is typically liable [...]

March 2016

Medical Malpractice Due to Unnecessary Heart Stenting

By |March 29th, 2016|

Medical malpractice due to unnecessary heart stenting may warrant punitive damages in addition to compensatory damages.  Generally, “medical malpractice” means the same thing as “medical negligence,” though some people mistakenly believe that malpractice sounds worse.  A finding of malpractice or negligence hinges on proving that a doctor or hospital fell below accepted standards of medicine.  [...]

Medication Error Related to Drug Interaction

By |March 23rd, 2016|

A medication error can lead to serious injury or wrongful death.  A recent study shows that medication errors related to drug and supplement interactions are on the rise, especially among the elderly.  As medical lawyers, we have seen numerous cases involving a misfilled prescription or an overdose, but there has been a spike in cases [...]

Misdiagnosis of Mesenteric Ischemia

By |March 17th, 2016|

Misdiagnosis of mesenteric ischemia typically has catastrophic implications for the patient. Time is of the essence with this condition; delayed diagnosis can mean death or serious damage to vital organs. The New England Journal of Medicine (NEJM) published a review this month detailing the causes, symptoms and treatment for this condition which accounts for as [...]

Industry Standards Applicable to a Truck Accident

By |March 16th, 2016|

Regulations and Industry Standards A truck accident is unlike a routine car accident in several ways. There are a number of regulations and industry standards that apply to truck drivers and trucking companies that do not apply to ordinary drivers. One source of regulations is the Federal Motor Carrier Safety Regulations, which governs interstate trucking. [...]

Wrongful Death Lawsuits and Autopsies

By |March 14th, 2016|

When a person dies due to the negligence or misconduct of another, the surviving members of the victim's family may sue for the victim’s pain and suffering and for “wrongful death." A lawsuit for wrongful death in Ohio may only be brought by the personal representative of the victim’s estate and may require an autopsy [...]

The Effects of Serious Injury on a Spouse-Caregiver

By |March 11th, 2016|

Serious injury as a result of medical negligence or a car accident takes a significant toll on a spouse-caregiver or family members who are responsible for day-to-day care of the injured person. The struggle that family members go through can lead to depression, anxiety, divorce and estrangement between family members. The financial costs of caring [...]

Delayed Diagnosis of Urinary Cancer

By |March 8th, 2016|

Prompt diagnosis of cancer, such as urinary cancer, is critical to optimizing the outcome. As cancer grows, the likelihood of spread, or metastasis, increases. Once cancer spreads from an early treatable stage to an advanced stage, the likelihood of cure diminishes. Depending on the type of cancer, an advanced stage may markedly reduce the chance [...]

Delayed Diagnosis of Heart Attacks in the ER

By |March 8th, 2016|

Diagnosis of heart attacks in the Emergency Room has been made easier by a study recently published by the American College of Emergency Physicians (ACEP). The study recommends following an algorithm to rule in or rule out a heart attack within one hour of a patient arriving at the ER with symptoms or signs that [...]

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