Medical malpractice trials involve a "battle of the experts," as opposing experts take conflicting positions on medical issues. It can be dangerous to simply let the jury sort out the dispute without assistance. In 2007, the Ohio Rules of Evidence were amended to permit use of medical texts and journals as substantive evidence at trial. As such, medical literature can be an important tiebreaker when [...]
Medical Malpractice Lawyer, Cleveland OH When I began handling medical malpractice cases 20 years ago, case expenses were about $25,000 per case. Now, case expenses range from $50,000 to $200,000 (on average about $100,000) per case. As a result, malpractice attorneys cannot afford to handle cases that do not involve a catastrophic injury, unless liability [...]
Our medical malpractice practice was exceedingly active in the last quarter of 2013. This is the first chance I have had to post any updates on our blog. It seems like a good time to reflect on events of 2013. Unfortunately, there is scant good news to report -- the story of modern medicine continues to [...]
Hospital errors that lead to serious preventable medical injuries occur at alarming rates. Communication between various caregivers is frequently the cause of these preventable medical errors. I have previously written about a case I tried where the patient's injury was entirely preventable if the handoff from one doctor to the next had been improved. See [...]
Medical malpractice trials should not be shrouded in secrecy. Following are 5 more "secrets" that jurors should know (continued from yesterday). Secret #5. If a doctor admits fault to a patient, Ohio courts will not allow that into evidence. Ohio recently enacted a so-called "Apology Statute" that keeps a doctor's admission out of evidence. Secret #6. [...]
Medical malpractice trials in Ohio are supposed to be a search for the truth. However, our nefarious State government, long-corrupted by powerful insurance and medical lobbies, routinely makes laws meant to keep the truth out of Ohio courtrooms. Following are 9 "secrets" that jurors are not supposed to know when hearing medical negligence cases. Secret [...]
Medical malpractice litigation in Ohio is similar in some respects to other types of tort litigation and vastly different in others. At the outset, a med mal case must be filed with an affidavit of merit, which is not required in other tort cases. The affidavit must be signed by a physician who has reviewed available [...]
For patients, negotiating an increasingly complicated and fractured medical system can be overwhelming. Add to the current confusion pre-packaged misinformation touting a variety of technological advances that are not ready for prime time, such as robotic surgery and the electronic medical record. Along those lines, I have read a number of articles lately heralding the dawn of [...]
Nursing home cases typically involve abuse or neglect. Abuse cases involve injurious harm to long-term residents by caregivers or fellow patients. Neglect cases typically arise out of the failure to monitor and treat medical conditions, failure to institute proper fall precautions, elopement (i.e., when patients with dementia wander), and failure to maintain skin integrity. We have seen [...]
Birth injuries often arise in the setting of untreated preeclampsia. The Preeclampsia Foundation states that "[p]reeclampsia and related disorders such as HELLP syndrome and eclampsia are most often characterized by a rapid rise in blood pressure that can lead to seizure, stroke, multiple organ failure and death of the mother and/or baby." A recent report of [...]