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 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 [...]
Dangerous drugs may include some over-the-counter medicines. Recent verdicts outside of Ohio underscore the dangers of one such medicine -- Motrin. Johnson & Johnson, the makers of Motrin, have been ordered to pay a 7 year-old girl $63 million after she developed toxic epidermal necrolysis (TEN) from taking Motrin. TEN, also called erythema multiforme or Lyell's syndrome, is a [...]
The journal Brain is reporting that brain injury is a progressive condition that worsens over time. This is a significant finding for victims of traumatic brain injury (TBI). Prior to this study, it was felt that brain injuries worsen with time based on anecdotal evidence, but no study existed that allowed physicians to opine that an individual's cognitive disability [...]
Kaiser Health News recently published an article about the risk of medical errors posed by elderly physicians. According to the American Medical Association (AMA), about 42% of U.S. doctors are older than 55 and 21% are older than 65. According to the Kaiser Health News article, "[t]heir ranks are expected to increase as many work past the traditional [...]
A recent study published in Brain reports that repetitive mild traumatic brain injury can have major long-term consequences. The study looked at athletes and military personnel who had sustained repeated hits to the head over time. 80% were found to have chronic traumatic encephalopathy, a progressive condition whose symptoms can include memory loss, depression and dementia. There is no [...]
Hospital infections were included by the Center for Medicare and Medicaid (CMS) in its list of "never events." Never events are preventable complications that arise in a hospital setting. When they occur, CMS has taken the hard-line stance that it will not reimburse hospitals for costs associated with such an event. A recent article by the American [...]
At Mishkind Kulwicki Law, we are interested in cases involving children. A recent medical journal reports on one disturbing trend that is likely to result in a lawsuit. The journal Pediatrics reports that about one-half of children with autism wander away from caregivers often putting themselves in harm's way. Wandering (or elopement) by autistic children puts [...]
I recently published an article entitled "Think Before You Sue" It was published in a local monthly magazine called the Beachwood Buzz, a monthly magazine circulated to all homes and businesses in the eastside suburb where my office is located. In that article I addressed some of the topics and concerns that many people have [...]
The best way to reduce medical malpractice lawsuits is to reduce the amount of malpractice. Sounds obvious but up to now, more attention has been placed on limiting the number of malpractice claims and the amount that can be awarded to victims of malpractice. Placing limits on the amount that a jury can award a [...]