lawsuit

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February 2019

Damages Caps in Ohio

By | February 25th, 2019|Serious Injury|

As a Cleveland personal injury lawyer, I am frequently asked “what is the value of my claim”?  In assessing the value of a personal injury, medical malpractice or wrongful death claim, one important factor under Ohio law is the non-economic damages caps.  “Damages” is the term that lawyers use to describe all of the harms [...]

2019 Traumatic Brain Injury Update

By | February 14th, 2019|Brain Injury|

Traumatic brain injury (TBI) continues to be a leading cause of disability in the U.S.  Historically, this condition has been overlooked by the medical profession.  As a result, there has been little research on the subject and no real medical breakthroughs in treatment.  As a brain injury lawyer, I face two heartbreaking consequences of this [...]

August 2018

Surgical Fires and Medical Malpractice

By | August 24th, 2018|Surgical Error|

Surgical fires occur with some frequency in Ohio hospitals and surgery centers.  Surgical fires are common enough that the Joint Commission, an independent, nonprofit organization that sets safety standards and accredits hospitals, published a Sentinel Alert in 2003 titled “Preventing Surgical Fires.”  Despite that, in 2012, the FDA published another warning by the same title.  [...]

Developments in the Diagnosis of Traumatic Brain Injury (TBI)

By | August 20th, 2018|Brain Injury|

Traumatic brain injury (TBI) cases can be extremely challenging due to the lack of objective testing to prove the existence of common types of brain damage.  Brain damage is often microscopic such that it can only be shown by a pathologist on autopsy, particularly in cases of mild TBI.  Nonetheless, mild TBI can have a [...]

Proving ALL of the Damages Caused by Brain Injury

By | August 17th, 2018|Brain Injury|

As an Ohio brain injury lawyer, I routinely review medical journals for information about traumatic brain injury (TBI).  Two recent medical journal articles address the damages caused by brain injury.  To an attorney, the term “damages” refers to the harms and losses caused by personal injury or wrongful death.  Damages include past harms and losses [...]

January 2018

Medical Malpractice and Ohio’s Apology Statute

By | January 17th, 2018|Medical Malpractice|

Ohio medical malpractice lawyers are facing a new obstacle to bringing justice to victims of medical error.  Ohio’s recently enacted Apology Statute provides that “any and all statements, affirmations, gestures, or conduct expressing apology, sympathy, commiseration, condolence, compassion, or a general sense of benevolence that are made by a health care provider” to a patient, [...]

November 2017

General Negligence: Slip and Fall Cases in Ohio

By | November 9th, 2017|General Negligence|

Slip and fall cases fall under the general negligence category of premises liability.  So, a discussion of personal injury claims involving slips, trips and falls begins with a general discussion of premises liability.   Ohio law defines the duty of care owed by a property owner to a person entering their property by the status of [...]

April 2017

Opioid Use Among Truckers

By | April 26th, 2017|Truck Accident|

If you have ever experienced the horror of a truck accident, you know that the modern passenger car is no match for a goliath semi-tractor trailer that can stand 14 feet tall, carry a load the size of a house and outweigh your vehicle by as much as a factor of 100 to 1.   Though [...]

November 2013

9 Secrets of Medical Malpractice Litigation in Ohio, Part 1

By | November 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 [...]

Medical Malpractice Litigation in Ohio – What to Expect

By | November 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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