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 [...]
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 [...]
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 [...]
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. [...]
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 [...]
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 [...]
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, [...]
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 [...]
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., [...]
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 [...]
