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August 2018

Surgical Fires and Medical Malpractice

By | August 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 | August 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 | August 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 | January 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 | November 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 | June 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., [...]

Wrong Dose of Anticoagulation and Stroke

By | June 27th, 2017|Stroke|

Improper dosing of anticoagulation can result in stroke, pulmonary embolism, bleeding, or death. Despite the great risk, a recent study published by the New England Journal of Medicine (NEJM) shows that underdosing and overdosing of newer blood thinner medications is rampant. The study focused on the use of novel direct acting oral anticoagulants (DOACs), such [...]

April 2017

Opioid Use Among Truckers

By | April 26th, 2017|Truck Accident|

If you have ever experienced the horror of a truck accident, you know that the modern passenger car is no match for a goliath semi-tractor trailer that can stand 14 feet tall, carry a load the size of a house and outweigh your vehicle by as much as a factor of 100 to 1.   Though [...]

What is HIE?

By | April 13th, 2017|Birth Injury|

As a birth injury lawyer, I am often asked what is HIE or hypoxic-ischemic encephalopathy?  HIE occurs when a newborn’s brain is deprived of oxygen for a sufficient period of time during the delivery process to cause death of brain tissue.  Unlike other body tissues, brain cells do not regenerate.  Once they are damaged, they [...]

March 2017

Failure to Prevent Stroke in A Fib Patients

By | March 29th, 2017|Stroke|

I have previously written about misdiagnosis of stroke on this blog.  When stroke is not timely diagnosed, the patient misses out on time-sensitive treatments that can preserve brain tissue, such as tPA (a “clot buster” medication) or thromboembolectomy (where a blood clot is removed through a surgical procedure).  However, in many circumstances, blood clots that [...]

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