In April, 2010, the Ohio State Medical Board issued a Policy Statement that sets for guidelines for the preparation of death certificates in Ohio. The Policy Statement can be read here: http://med.ohio.gov/pdf/position_statements/Death_Certificates.pdf. In brief, a Death Certificate can be completed by the county coroner, medical examiner or the patient's attending physician. The "attending physician" is the [...]
There are two scenarios where a cause of death may be reviewed under Ohio law. First, an attending physician who negligently causes his/her patient's death may be the same physician who prepares the Death Certificate. In such a situation, the attending physician has an obvious conflict of interest. The patient's family may want an independent physician [...]
What is the life expectancy of U.S. citizens and what is the leading cause of death in the U.S.? The U.S. Department of Health & Human Services (HHS) publishes vital statistics on U.S. deaths, death rates, life expectancy and trends. The highlights from the most recent data shows that: 1. Average Life expectancy was 78.1 years. [...]
As a technical matter, clients can represent themselves in medical malpractice litigation in Ohio on a pro se basis. However, as a practical matter, medical negligence litigation is so complicated that it would be impossible for a lay person, or even a lawyer who does not specialize in medical negligence litigation, to represent themselves. Experienced medical [...]
In most medical malpractice cases filed in Ohio, a lawsuit must be filed before the case can be resolved. While there are variations among Ohio's 88 county courts, most courts will schedule a trial date within one to two years of the date on which the lawsuit is filed. For this reason, a good malpractice attorney [...]
Most injury victims do not have sufficient financial resources to pay attorneys tens or hundreds of thousands of dollars to pursue a claim on their behalf, particularly while inundated with unexpected medical expenses and lost earnings. For this reason, the attorneys at Mishkind Kulwicki Law provide legal services pursuant to a contingent fee contract. A [...]
Under Ohio law, you have one year from the date of an act of medical malpractice in which to file a lawsuit. This one-year deadline is called the statute of limitations. If you fail to file a lawsuit within the one-year deadline, you will be forever barred from seeking compensation for injuries caused by the [...]
Counseling clients regarding the potential value of their medical malpractice claim in Ohio is a complicated process, particularly since every case is different. The factors that we take into consideration include the strength of liability, provable economic losses, potential noneconomic losses, verdicts in similar cases, the venue, costs of litigation and our experience in handling [...]
At Mishkind Kulwicki Law, we review hundreds and hundreds of Ohio medical malpractice cases every year for merit. Sometimes, the decision can be made quickly, during the initial telephone consultation. Other times, the determination is more complicated, requiring detailed research and thorough review of the caller's medical records. Our reviews typically go through several stages. [...]
There is an epidemic of medical malpractice, not medical malpractice lawsuits. As an attorney that fights for the rights of patients injured due to medical errors, I know that lawsuits improve patient safety. Hospitals and other healthcare organizations have implemented policies to prevent future errors, based upon the results of lawsuits. Lawsuits identify dangerous conditions [...]