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May 2020

2020 Update on Traumatic Brain Injuries

By Howard Mishkind|2020-05-28T22:03:57+00:00May 20th, 2020|Brain Injury|

Ohio Brain Injury and Stroke Lawyers Neurocognitive deficits caused by a mild traumatic brain injury (TBI) remain one of the most challenging injuries to prove in personal injury litigation.  Often, mild TBIs are not diagnosed by emergency personnel, who are more focused on more obvious injuries.  Careless or unskilled PCPs may miss the diagnosis on [...]

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Autopsies and Wrongful Death in Ohio

By Howard Mishkind|2020-05-20T17:51:33+00:00May 18th, 2020|Medical Malpractice, Wrongful Death|

Cleveland Wrongful Death Lawyers Under Ohio law, the coroner’s verdict creates a rebuttable presumption that establishes the medically accepted manner and mode of death for legal purposes.  In most instances, however, an autopsy is not performed, so no formal coroner’s verdict is issued.  In those cases, the Death Certificate establishes the formal cause of death.  [...]

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Coronavirus-Related Medical Malpractice Lawsuits

By Howard Mishkind|2020-05-20T14:24:17+00:00May 15th, 2020|Medical Malpractice|

Ohio Medical Negligence Lawyers As medical malpractice lawyers, we anticipate many inquiries about wrongful death claims arising out of the COVID-19 crisis.  This is a new area for medical negligence attorneys, but some general principles apply. First, significant damages must exist.  If an individual contracts COVID-19 and has a full and complete recovery, I suspect [...]

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Covid-19 and Nursing Home Negligence

By Howard Mishkind|2020-05-20T14:24:17+00:00May 11th, 2020|Uncategorized|

Nursing Home Abuse Lawyer Cleveland OH As nursing home negligence lawyers, we anticipate many inquiries about wrongful death claims arising out of coronavirus-related deaths in nursing homes, group homes, rehabilitation centers, and skilled nursing facilities.  This is a new area for Ohio lawyers, however, some general principles of nursing home negligence law apply. First, nursing [...]

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Wrongful Death from Workplace Exposure to Covid-19

By Howard Mishkind|2020-05-20T14:24:21+00:00May 4th, 2020|Wrongful Death|

Wrongful Death Lawyers Wrongful death claims arising out of COVID-19 or coronavirus infections pose new questions for wrongful death lawyers, personal injury lawyers and workplace injury lawyers.   However, some general legal principles apply. Generally, any injury that occurs in the course of employment is covered by Ohio’s workers’ compensation laws.  The workers’ compensation law bars [...]

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April 2020

Immunity for Coronavirus-Related Wrongful Death?

By Howard Mishkind|2020-04-11T19:08:11+00:00April 11th, 2020|Medical Malpractice|

Medical Malpractice Lawyer Cleveland, OH As a Cleveland medical malpractice lawyer, my first interest is patient safety.  Having reviewed thousands of hospital records and office charts, I frequently see the catastrophic consequences of medical errors and medical mistakes.  Legislation has been proposed that will grant immunity to doctors and nurses on the front lines of [...]

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Insurance and Contract Claims Arising out of COVID-19

By Howard Mishkind|2020-04-07T20:05:25+00:00April 7th, 2020|For Patients|

Medical Malpractice Lawyer Cleveland OH The lawyers at Mishkind Kulwicki Law represent victims of catastrophic personal injuries, medical malpractice and wrongful death throughout the State of Ohio.  In the course of this representation, we have become champions for injury victims in their fight against the insurance companies that profit by preventing the recovery of full [...]

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Vicarious Liability in HIPAA Violation Cases

By Howard Mishkind|2020-04-06T23:06:02+00:00April 6th, 2020|For Patients|

Cleveland HIPAA Violation Lawyer In Ohio, a patient’s right to privacy of their medical records emanates from both federal law and state common law.  The Health Insurance Portability and Accountability Act of 1996 (HIPAA) provides the essential federal regulatory framework for protection of patients’ protected healthcare information.  OhioHealth Corp. v. Ryan (2012), 2012-Ohio-60, 10AP-937.  However, [...]

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FOR ATTORNEYS: Jury Instructions for HIPAA Violations

By Howard Mishkind|2020-04-02T21:31:11+00:00April 2nd, 2020|For Attorneys|

Cleveland HIPAA Violation Lawyer As a Cleveland HIPAA violation lawyer, I have researched the federal Health Information Technology for Economic and Clinical Health Act (the “HITECH Act”), the federal Health Insurance Portability and Accountability Act of 1996 (HIPAA), the Ohio Revised Code and common law in order to prepare jury instructions for trial of a [...]

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Violation of Healthcare Privacy

By Howard Mishkind|2020-04-02T17:12:37+00:00April 2nd, 2020|For Patients|

Cleveland HIPAA Lawyer For patients, it is assumed that discussions between them and their doctor or nurse will remain confidential.  A privacy lawyer will tell you that all healthcare providers do indeed owe a fiduciary duty to their patients to protect their health information.  This basic tenant of medicine has been long established, but was [...]

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