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. [...]
For attorneys in Ohio, it is rare to encounter an uninsured physician who provides care in a hospital setting. This is rare because every Ohio hospital that I am familiar with requires staff physicians to obtain professional liability insurance as a condition of staff membership. However, on occasion, the staff physician will terminate his/her staff privileges and not obtain [...]
As a patient, can you secretly use your smart phone or other recording device to record a conversation on the phone or in person that you have with a doctor? Is it ethical and/or legal to record a conversation of this nature without advising the doctor in advance? If you requested permission to record the [...]
For attorneys, a trio of recent decisions by the Hamilton County Court of Appeals helps to delineate the circumstances in which ostensible agency (or, agency-by-estoppel) can be established under Ohio law in medical negligence cases. While hospitals and Medicare regulations require staff physicians to maintain insurance coverage, there are several circumstances where this requirement is inadequate. First, if [...]
In Ohio, hospital negligence remains a common source of medical malpractice claims. AARP's Bulletin recently published an article about the dangers of hospital admissions, entitled "Hospitals May Be the Worst Place to Stay When You're Sick." The article notes that little has changed since the Institute of Medicine published "To Err is Human" in 1999, which [...]
Bariatric surgery (also called "weight-loss surgery" or "obesity surgery") is a common source of medical negligence claims in Ohio. The surgery is very dangerous, with a complication rate estimated to be as high as 40%. However, when the growing and desperate population of obese patients meet physicians who are vying to perform this lucrative procedure, risks can be understated. Medical negligence claims [...]
Understanding brain injury is critical for Ohio lawyers representing victims of medical malpractice or motor vehicle accidents that result in stroke or traumatic brain injury. Often the client and client's family members are aware that the injury victim "acts differently" since the injury, but cannot fully explain the difference. We often hear from family members that the injured party [...]
It has been long-recognized by the medical community that there is a connection between atrial fibrillation (or, A Fib) and stroke. Further, there are a laundry list of treatments designed to reduce the risk of stroke from A Fib. Nonetheless, mismanagement of A Fib resulting in stroke is a common type of medical malpractice. The American Heart [...]
At Mishkind Kulwicki Law, with our many years of experience as healthcare advocates in Ohio, we are often the first ones to learn about dangers associated with new medical practices and technologies. By virtue of our role as injury lawyers, having a special interest in medical negligence cases, we get called when things go wrong. Recently, we have reviewed a number of [...]
Sudden cardiac arrest in children is a devastating event for parents. A new study shows that it may be avoidable with proper evaluation by pediatricians. One important role for pediatricians is preventative health care, that is, preventing medical problems before they arise. A common type of medical negligence arises when pediatricians neglect this important duty [...]