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April 2020

FOR ATTORNEYS: Jury Instructions for HIPAA Violations

By David Kulwicki|2023-07-20T18:28:22+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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September 2016

For Attorneys – Informed Consent Claims (Part 2)

By David Kulwicki|2019-03-18T22:01:43+00:00September 22nd, 2016|For Attorneys|

In Part 1 of this blog, I updated Ohio medical malpractice attorneys on the state of informed consent claims.  In Part 2, I want to discuss how to use concepts related to informed consent to overcome juror bias in medical negligence trials.  It is well-established that injured patients do not get a fair shake at [...]

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For Attorneys – Informed Consent Claims (Part 1)

By David Kulwicki|2019-03-18T22:01:44+00:00September 19th, 2016|For Attorneys|

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 [...]

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February 2013

For Attorneys: Preventing Access to Clients’ Social Media

By David Kulwicki|2019-03-18T22:02:40+00:00February 1st, 2013|For Attorneys|

For attorneys representing individuals in the modern era, discovery requests for social media are now commonplace.  While no attorney would ever request "every letter, conversation or other communication" by your client, attorneys do not hesitate to ask for all social media produced by your client, even though this is just another form of interpersonal communication. What separates social media from [...]

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December 2012