lawsuit

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August 2019

How to File a Medical Malpractice Lawsuit in Ohio

By David Kulwicki|2020-02-14T18:01:38+00:00August 7th, 2019|Medical Malpractice|

Medical Malpractice Lawyer Cleveland OH As a malpractice lawyer from Cleveland, OH, I am frequently asked what steps are involved in filing a medical malpractice lawsuit in Ohio courts?  First, of course, you have to have a meritorious claim.  To establish a claim for medical negligence or medical malpractice the following 3 things must be [...]

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April 2019

How is Medical Malpractice Defined in Ohio

By David Kulwicki|2020-02-14T18:48:21+00:00April 19th, 2019|Medical Malpractice|

Medical Malpractice Lawyer, Cleveland OH As a malpractice lawyer from Cleveland, OH, I am frequently asked how is medical malpractice defined in Ohio?  Or, stated otherwise, do I have a case?  It is important to note that, under Ohio law, the terms “medical negligence” and “medical malpractice” are used interchangeably.  To prove a claim for [...]

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February 2019

Damages Caps in Ohio

By David Kulwicki|2019-04-24T18:00:11+00:00February 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 [...]

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2019 Traumatic Brain Injury Update

By David Kulwicki|2020-01-21T21:58:59+00:00February 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 [...]

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August 2018

Surgical Fires and Medical Malpractice

By David Kulwicki|2020-02-14T18:13:38+00:00August 24th, 2018|Surgical Error|

Medical Malpractice Lawyer, Cleveland OH 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 [...]

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Developments in the Diagnosis of Traumatic Brain Injury (TBI)

By David Kulwicki|2020-01-21T21:59:24+00:00August 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 [...]

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Proving ALL of the Damages Caused by Brain Injury

By David Kulwicki|2020-01-21T21:59:51+00:00August 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 [...]

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January 2018

Medical Malpractice and Ohio’s Apology Statute

By David Kulwicki|2020-02-14T18:31:17+00:00January 17th, 2018|Medical Malpractice|

Medical Malpractice Lawyer in Cleveland, OH Ohio medical malpractice lawyers, like a malpractice lawyer from Cleveland, OH, 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 [...]

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November 2017

General Negligence: Slip and Fall Cases in Ohio

By David Kulwicki|2019-04-24T18:00:11+00:00November 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 [...]

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April 2017

Opioid Use Among Truckers

By David Kulwicki|2020-01-21T21:56:43+00:00April 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 [...]

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