David A. Kulwicki

/David Kulwicki

About David Kulwicki

Mr. David Kulwicki is a Partner at Mishkind Kulwicki Law Co., L.P.A., and has been a trial lawyer for 24 years. Mr. Kulwicki graduated from the University of Texas-Austin with honors in economics and from the Ohio State University School of Law with his juris doctor. He is former Chairman of the Medical Negligence Section of the Ohio Academy of Justice (OAJ), former Chairman of OAJ’s Constitutional Review Committee and on the Board of Directors for the Cleveland Academy of Trial Attorneys. He has lectured and written on various topics related to personal injury and medical litigation.

August 2019

How to File a Medical Malpractice Lawsuit in Ohio

By |2019-08-07T16:40:47+00:00August 7th, 2019|Medical Malpractice|

As a Cleveland medical malpractice lawyer, I am frequently asked what steps are involved in filing a medical malpractice lawsuit in Ohio courts?  First, of course, you have to have a meritorious claim.  To establish a claim for medical negligence or medical malpractice the following 3 things must be supported by evidence: negligence, proximate cause [...]

April 2019

How is Medical Malpractice Defined in Ohio

By |2019-04-19T14:37:34+00:00April 19th, 2019|Medical Malpractice|

As a Cleveland medical malpractice lawyer, I am frequently asked how is medical malpractice defined in Ohio?  Or, stated otherwise, do I have a case?  It is important to note that, under Ohio law, the terms “medical negligence” and “medical malpractice” are used interchangeably.  To prove a claim for medical malpractice, the plaintiff (or, the [...]

February 2019

Damages Caps in Ohio

By |2019-04-24T18:00:11+00:00February 25th, 2019|Serious Injury|

As a Cleveland personal injury lawyer, I am frequently asked “what is the value of my claim”?  In assessing the value of a personal injury, medical malpractice or wrongful death claim, one important factor under Ohio law is the non-economic damages caps.  “Damages” is the term that lawyers use to describe all of the harms [...]

2019 Traumatic Brain Injury Update

By |2019-04-24T18:00:11+00:00February 14th, 2019|Brain Injury|

Traumatic brain injury (TBI) continues to be a leading cause of disability in the U.S.  Historically, this condition has been overlooked by the medical profession.  As a result, there has been little research on the subject and no real medical breakthroughs in treatment.  As a brain injury lawyer, I face two heartbreaking consequences of this [...]

August 2018

Surgical Fires and Medical Malpractice

By |2019-04-24T18:00:11+00:00August 24th, 2018|Surgical Error|

Surgical fires occur with some frequency in Ohio hospitals and surgery centers.  Surgical fires are common enough that the Joint Commission, an independent, nonprofit organization that sets safety standards and accredits hospitals, published a Sentinel Alert in 2003 titled “Preventing Surgical Fires.”  Despite that, in 2012, the FDA published another warning by the same title.  [...]

Developments in the Diagnosis of Traumatic Brain Injury (TBI)

By |2019-04-24T18:00:11+00:00August 20th, 2018|Brain Injury|

Traumatic brain injury (TBI) cases can be extremely challenging due to the lack of objective testing to prove the existence of common types of brain damage.  Brain damage is often microscopic such that it can only be shown by a pathologist on autopsy, particularly in cases of mild TBI.  Nonetheless, mild TBI can have a [...]

Proving ALL of the Damages Caused by Brain Injury

By |2019-04-24T18:00:11+00:00August 17th, 2018|Brain Injury|

As an Ohio brain injury lawyer, I routinely review medical journals for information about traumatic brain injury (TBI).  Two recent medical journal articles address the damages caused by brain injury.  To an attorney, the term “damages” refers to the harms and losses caused by personal injury or wrongful death.  Damages include past harms and losses [...]

January 2018

Medical Malpractice and Ohio’s Apology Statute

By |2019-04-24T18:00:11+00:00January 17th, 2018|Medical Malpractice|

Ohio medical malpractice lawyers are facing a new obstacle to bringing justice to victims of medical error.  Ohio’s recently enacted Apology Statute provides that “any and all statements, affirmations, gestures, or conduct expressing apology, sympathy, commiseration, condolence, compassion, or a general sense of benevolence that are made by a health care provider” to a patient, [...]

November 2017

General Negligence: Slip and Fall Cases in Ohio

By |2019-04-24T18:00:11+00:00November 9th, 2017|General Negligence|

Slip and fall cases fall under the general negligence category of premises liability.  So, a discussion of personal injury claims involving slips, trips and falls begins with a general discussion of premises liability.   Ohio law defines the duty of care owed by a property owner to a person entering their property by the status of [...]

June 2017

Misdiagnosis and Medical Malpractice

By |2019-04-24T18:00:11+00:00June 30th, 2017|Misdiagnosis|

Misdiagnosis is a common type of medical malpractice, but not all misdiagnoses are the result of negligence.  To constitute malpractice, the misdiagnosis must result from underassessment, under-testing or misinterpretation of test results that falls below acceptable standards of medical care.  I was thinking about misdiagnosis cases as I read the obituary of Lawrence Weed, M.D., [...]

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