A common defense in medical malpractice cases is the “known and accepted complication” defense. In essence, the defense argues that a particular complication arises in a set percentage of cases even when the procedure is performed correctly. The defense is commonly applied when a patient is injured by a postoperative infection or by damage to [...]
Investigating a medication error as the basis for a medical malpractice claim requires a clear understanding of the way that medications are prescribed and dispensed. Medication error lawsuits typically involve serious injury or wrongful death as a result of an overdose, missed dose, misfilled prescription, administration of the wrong drug, or drug interaction. A patient’s [...]
A surgical error may carry serious consequences. However, what happens when a patient develops a complication of surgery and later learns that the surgery was unnecessary in the first place? This scenario is more common than you may think. We have seen aggressive promotion of lucrative surgeries even when the indication to perform the surgery [...]
A medication error can carry serious consequences. A popular medical journal recently reported that physicians are frequently prescribing aspirin to reduce the risk of stroke in patients with atrial fibrillation (“Afib”). This is a medical mistake that can lead to a preventable stroke. Afib is a condition wherein erratic electrical impulses in the heart cause [...]
Serious injuries due to explosion, fire or electrocution provide unique challenges for Ohio personal injury lawyers. Let me discuss some of those challenges here. First, the nature of the injuries that occur from catastrophes like explosions, fires and electrical shock tend to be unique injuries such as burns, nerve damage, brain damage, amputation, hearing loss [...]
Naturopathy, or naturopathic medicine, is a holistic method for treating medical conditions, often involving natural remedies and herbal medicines. Naturopaths, bearing either the credential Naturopathic Doctor (N.D.) or Naturopathic Medical Doctor (N.M.D.), have sought greater recognition among other practitioners of the medical arts. In particular, they seek status under Medicare regulations to obtain reimbursements under [...]
Serious injury cases involving paralysis, including quadriplegia, paraplegia or hemiplegia, present unique challenges to the personal injury attorney. Paralysis results from injury to the brain or spinal cord caused by direct trauma, stroke, impingement of the spinal cord, or obstruction of blood flow to the spinal cord. If the brain or spinal cord is compromised, [...]
Two recent studies underscore the risk of birth injuries with a home delivery. The first study compared the mortality rate of home delivery with in-hospital delivery. Historically, the switch from home birth to hospital birth resulted in a 90% decrease in neonatal mortality and a 99% decrease in the deaths of mothers in childbirth. Home [...]
Misdiagnosis of stroke in younger adults is likely to be a growing problem as the rate of ischemic stroke in this population continues to increase. A study published this month in the Journal of the American Heart Association showed that, while overall stroke rates have declined, strokes among individuals aged 25-44 increased by 44% during [...]
Birth injury related to mismanagement of preeclampsia has been well-studied and reported on. Preeclampsia is a common condition affecting many pregnant women both during pregnancy and during the postpartum period. It affects 5-8% of all pregnancies in the U.S. While it can be asymptomatic in some women, symptoms may include high blood pressure, headaches, nausea, [...]
