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September 2020

COVID Immunity Legislation

By Howard Mishkind|2020-09-20T23:57:11+00:00September 20th, 2020|Uncategorized|

Cleveland Medical Malpractice Attorneys The Ohio legislature recently enacted a law that provides qualified immunity to businesses, health care workers and schools from civil liability for COVID 19-related illness, injury or wrongful death.  The statute is poorly worded and overly broad.  As with any ambiguous law, uncertainty prevails and litigation lies ahead. The immunity is [...]

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August 2020

Radiology Malpractice

By Howard Mishkind|2020-08-22T22:52:44+00:00August 22nd, 2020|Medical Malpractice|

Medical Malpractice Lawyer Cleveland, OH For a medical malpractice lawyer, radiology malpractice claims typically arise from common medical errors that result in delayed diagnosis or misdiagnosis.  The mistakes include misinterpretation of films, failure to report incidental findings, miscommunication of critical results, failure correlate findings to clinical symptoms or failure to compare current films to previous [...]

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Ohio Statute of Limitations for Medical Malpractice

By Howard Mishkind|2020-08-12T19:46:28+00:00August 12th, 2020|Medical Malpractice|

Cleveland Medical Malpractice Attorneys As a medical malpractice lawyer, I am frequently tasked with determining the statute of limitations that applies to potential client’s medical malpractice claim.  It seems like a simple question that should have a simple answer.  However, often it doesn’t. Generally speaking, the statute of limitations applicable to medical malpractice cases in [...]

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July 2020

Traumatic Brain Injuries

By Howard Mishkind|2020-08-24T15:17:52+00:00July 24th, 2020|Brain Injury|

Brain Injury Lawyer Cleveland Ohio Neurocognitive deficits caused by a traumatic brain injury (TBI) remain one of the most challenging injuries to prove by personal injury lawyers.  Often, mild TBIs are not diagnosed by emergency personnel, who are more focused on more obvious injuries.  PCPs may miss the diagnosis on followup unless the patient complains [...]

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June 2020

Fair and Equitable Division Practices During Divorce

By Howard Mishkind|2020-07-28T23:26:32+00:00June 28th, 2020|Uncategorized|

Personal Injury Lawyer Equitable division is the way some states mandate property gets split between spouses during divorce. Since separating money and property can become decisive, it helps to have a general grasp of the process. Dive into how this differs from community property laws and why it may benefit you. State Law Sets the [...]

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Do You Need a Fiduciary?

By Howard Mishkind|2020-07-30T15:30:00+00:00June 27th, 2020|Uncategorized|

A fiduciary is a person who has power and responsibility, usually in financial matters, to act for another person. A fiduciary can also be a bank or law firm. Fiduciaries are legally required to act in the best interest of the client. Not all financial advisors are fiduciaries. Fiduciaries act in many different capacities. When [...]

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Ordering Medical Records in Ohio

By Howard Mishkind|2020-06-23T23:32:52+00:00June 23rd, 2020|Medical Malpractice|

Medical Malpractice Lawyer Cleveland, OH As a medical malpractice lawyer in Cleveland, OH with over thirty years of experience, I have personally reviewed thousands and thousands of medical charts in the course of investigating claims of medical negligence, hospital negligence, chiropractor negligence, podiatrist negligence, pharmacy negligence, nursing home neglect and abuse, and nursing negligence.  The [...]

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Delayed Diagnosis, Delayed Treatment

By Howard Mishkind|2020-07-22T21:21:09+00:00June 18th, 2020|Medical Malpractice|

Medical Malpractice Lawyer Cleveland, OH As a medical malpractice lawyer Cleveland, OH, I routinely review cases involving delayed diagnosis and delayed treatment.  The following is the discussion of the analysis that goes into deciding whether or not a provable case of medical negligence exists when a patient’s condition is not timely diagnosed or treated and [...]

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Time Limits for Medical Claims

By Howard Mishkind|2020-06-13T03:20:44+00:00June 13th, 2020|Medical Malpractice|

Medical Malpractice For a medical malpractice lawyer, time limits are a key threshold consideration.  Under Ohio law, the following cases are considered “medical claims” subject to a one-year statute of limitations: medical negligence, medical malpractice, hospital negligence, nursing negligence, nursing home abuse, nursing home neglect, chiropractor negligence, podiatrist negligence, dental malpractice, and pharmacy errors.  The [...]

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May 2020

Wrong Site Spine Surgery

By Howard Mishkind|2020-05-23T17:07:57+00:00May 23rd, 2020|Medical Malpractice, Surgical Error|

Ohio Medical Negligence Lawyers Wrong site surgeries are all too common despite efforts to minimize their occurrence through a standardized “time out” before surgery.  The use of a timeout to identify the patient by name, date of birth, procedure, anatomy (including marking the site and side if applicable), patient position, relevant radiology result, antibiotic administration [...]

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