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April 2020

FOR ATTORNEYS: Jury Instructions for HIPAA Violations

By David Kulwicki|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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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

Ohio Super Lawyers

By David Kulwicki|2019-03-18T22:02:44+00:00December 17th, 2012|For Attorneys|

Howard Mishkind and David Kulwicki Named to Super Lawyers List 2013 Mishkind Kulwicki Law Co., L.P.A. is proud to announce that Howard Mishkind and David Kulwicki were both selected for inclusion in Ohio Super Lawyers List for 2013. Mr. Mishkind has achieved this recognition every year since 2006 and Mr. Kulwicki has been named to [...]

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September 2012

For Attorneys- When is an injury “within the course of employment”

By David Kulwicki|2019-03-18T22:02:58+00:00September 10th, 2012|For Attorneys|

If an injury occurs during the course of and arising out of employment, an employee in Ohio is entitled to workers compensation benefits. Ohio has a no-fault system for injuries that arise out of employment. The employee does not need to prove that the employer was negligent as long as the injury occurred during the [...]

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July 2012

Mishkind Kulwicki Law Leads the Way in Limiting the Wuerth Decision

By David Kulwicki|2019-03-18T22:03:03+00:00July 19th, 2012|For Attorneys|

Injury lawyers in Ohio shuddered with disbelief and concern when the Supreme Court of Ohio decided National Union Fire Ins. Co. v. Wuerth (2009), 122 Ohio St.3d 594.  Prior to the Wuerth decision, injured Ohioans could bring suit against an employer, its employee or both when seeking compensation for injuries caused by the employee while [...]

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April 2012

For Attorneys: Is a Hospital Liable When the Doctor is Uninsured?

By David Kulwicki|2019-03-18T22:03:10+00:00April 27th, 2012|For Attorneys|

For attorneys in Ohio, it is rare to encounter an uninsured physician who provides care in a hospital setting.  This is rare because every Ohio hospital that I am familiar with requires staff physicians to obtain professional liability insurance as a condition of staff membership.  However, on occasion, the staff physician will terminate his/her staff privileges and not obtain [...]

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For Attorneys: Establishing Ostensible Agency Under Ohio Law

By David Kulwicki|2019-03-18T22:03:12+00:00April 16th, 2012|For Attorneys|

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 [...]

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February 2012

Ohio Supreme Court Decision Protects Wrongdoers

By David Kulwicki|2015-12-14T21:14:43+00:00February 15th, 2012|For Attorneys|

Today was another sad day for Ohioans injured by drunk drivers, nursing home abuse and sexual deviants.  The Ohio Supreme Court upheld legislation that requires a trial court to split cases into an initial phase involving compensatory damages and a second phase involving punitive damages.  The legislation was a gift to well-heeled insurance companies.  Here's how [...]

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