Two common types of Ohio medical malpractice claims arise out of delays in treating aortic abdominal aneurysms (AAAs): failure to perform a AAA repair in the face of a growing aneurysm and failure to emergently diagnose and treat a symptomatic AAA. AAAs are part of a broader category of thoracic aortic disease (TAD), which also includes [...]
Communication errors in the setting of a doctor's office, nursing home or hospital can lead to devastating, yet preventable medical errors. Despite all the talk about changes being made in the healthcare field to improve patient safety, the medical-legal team at Mishkind Kulwicki Law continues to see medical errors due to communication deficits on an [...]
Recent research has shown that women in certain categories face a higher risk of developing potentially dangerous infections immediately after childbirth. Milder forms of such infections are known as sepsis, while more serious ones are labeled as severe sepsis. Both have become significantly more frequent over the past twenty years. Maternal death is very rare, [...]
An arm injury occurring at the time of a baby's delivery is grounds for a common type of medical negligence claim in Ohio. "Shoulder dystocia" is the term used to describe when a baby's shoulder gets stuck behind the mother's pubic bone at the time of delivery. If the obstetrician, family practice physician or midwife applies [...]
As a patient, can you secretly use your smart phone or other recording device to record a conversation on the phone or in person that you have with a doctor? Is it ethical and/or legal to record a conversation of this nature without advising the doctor in advance? If you requested permission to record the [...]
For attorneys, a trio of recent decisions by the Hamilton County Court of Appeals helps to delineate the circumstances in which ostensible agency (or, agency-by-estoppel) can be established under Ohio law in medical negligence cases. While hospitals and Medicare regulations require staff physicians to maintain insurance coverage, there are several circumstances where this requirement is inadequate. First, if [...]
A report by the Inspector General's office of the Department of Health and Human Services found that nursing homes are inadequately prepared to handle common natural disasters. In the report, investigators found many "gaps in nursing home preparedness and response." Further, the report states that long-term care facilities' "[e]mergency plans lacked relevant information." The report comes on the [...]
Tinnitus is a symptom of a problem within the auditory system. It can be caused by a number of factors, including trauma. When it is caused by trauma it can be difficult to prove the causal relationship between the trauma and the symptoms. At Mishkind Kulwicki Law, we have extensive experience and understanding as to [...]
For healthcare consumers, initiating disciplinary action against healthcare providers is relatively simple. For example, filing a complaint against a physician with the Ohio State Medical Board (OSMB) can be done online. Ohio healthcare consumers file complaints with the OSMB for various reasons, including physician incompetence, unauthorized practice of medicine, drug or alcohol abuse, patient neglect or abuse, and other violations of the [...]
In Ohio, hospital negligence remains a common source of medical malpractice claims. AARP's Bulletin recently published an article about the dangers of hospital admissions, entitled "Hospitals May Be the Worst Place to Stay When You're Sick." The article notes that little has changed since the Institute of Medicine published "To Err is Human" in 1999, which [...]