Medical Malpractice

/Medical Malpractice

January 2014

The Truth About Medical Malpractice Litigation – Part 2

By David Kulwicki|2020-02-14T18:44:57+00:00January 24th, 2014|Medical Malpractice|

Medical Malpractice Lawyer in Cleveland OH In a recent blog, I talked about the #1 myth surrounding why medical costs continue to go up - that myth being medical malpractice litigation.  I spoke about the deception and lies that have caused most jurors and the average person to think that suing a doctor or a hospital [...]

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Delayed Diagnosis of Cervical Cancer

By David Kulwicki|2019-04-24T18:00:03+00:00January 23rd, 2014|Medical Malpractice|

Cervical cancer occurs when abnormal cells on the cervix, the lower part of the uterus, grow out of control.  Cervical cancer can often be successfully treated when it's found early. It is usually found at a very early stage through a Pap test.  Medical malpractice cases involving cervical cancer typically arise out of one of the [...]

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The Truth About Medical Malpractice Litigation – Part 1

By David Kulwicki|2020-02-14T18:51:45+00:00January 22nd, 2014|Medical Malpractice|

Medical Malpractice Lawyer, Cleveland OH When I talk to strangers about what I do for a living or lecture to students, or just discuss the topic of Ohio Medical Malpractice at a social gathering, I discover that many, if not most, people have deeply held negative beliefs about the judicial system and the concept of [...]

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Another Road Block for Medical Malpractice Victims

By David Kulwicki|2020-02-14T18:53:35+00:00January 20th, 2014|Medical Malpractice|

Medical Malpractice Lawyer, Cleveland OH Medical malpractice lawsuits have gotten increasingly difficult to pursue in recent years.  Increasing costs of litigation, negative public opinion, and unnecessary tort reform measures enacted by legislators corrupted by donations from Big Business, Big Insurance and Big Medicine, have led to an overall reduction in the number of medical negligence claims being pursued, [...]

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Use of Literature in Medical Malpractice Lawsuits

By David Kulwicki|2016-01-08T17:01:31+00:00January 8th, 2014|Medical Malpractice|

Medical malpractice trials involve a "battle of the experts," as opposing experts take conflicting positions on medical issues.  It can be dangerous to simply let the jury sort out the dispute without assistance.  In 2007, the Ohio Rules of Evidence were amended to permit use of medical texts and journals as substantive evidence at trial.  As such, medical literature can be an important tiebreaker when [...]

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Why Can’t I Find a Medical Malpractice Attorney?

By David Kulwicki|2020-02-14T18:54:31+00:00January 7th, 2014|Medical Malpractice|

Medical Malpractice Lawyer, Cleveland OH When I began handling medical malpractice cases 20 years ago, case expenses were about $25,000 per case. Now, case expenses range from $50,000 to $200,000 (on average about $100,000) per case. As a result, malpractice attorneys cannot afford to handle cases that do not involve a catastrophic injury, unless liability [...]

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First Medical Malpractice Blog of 2014

By David Kulwicki|2019-03-18T22:02:19+00:00January 6th, 2014|Medical Malpractice|

Our medical malpractice practice was exceedingly active in the last quarter of 2013.  This is the first chance I have had to post any updates on our blog.  It seems like a good time to reflect on events of 2013.  Unfortunately, there is scant good news to report -- the story of modern medicine continues to [...]

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November 2013

9 Secrets of Medical Malpractice Litigation in Ohio, Part 2

By David Kulwicki|2019-03-18T22:02:20+00:00November 28th, 2013|Medical Malpractice|

Medical malpractice trials should not be shrouded in secrecy.  Following are 5 more "secrets" that jurors should know (continued from yesterday). Secret #5. If a doctor admits fault to a patient, Ohio courts will not allow that into evidence.  Ohio recently enacted a so-called "Apology Statute" that keeps a doctor's admission out of evidence. Secret #6. [...]

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9 Secrets of Medical Malpractice Litigation in Ohio, Part 1

By David Kulwicki|2019-03-18T22:02:21+00:00November 27th, 2013|Medical Malpractice|

Medical malpractice trials in Ohio are supposed to be a search for the truth. However, our nefarious State government, long-corrupted by powerful insurance and medical lobbies, routinely makes laws meant to keep the truth out of Ohio courtrooms. Following are 9 "secrets" that jurors are not supposed to know when hearing medical negligence cases. Secret [...]

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Medical Malpractice Litigation in Ohio – What to Expect

By David Kulwicki|2019-03-18T22:02:21+00:00November 26th, 2013|Medical Malpractice|

Medical malpractice litigation in Ohio is similar in some respects to other types of tort litigation and vastly different in others.  At the outset, a med mal case must be filed with an affidavit of merit, which is not required in other tort cases.  The affidavit must be signed by a physician who has reviewed available [...]

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