wrongful death

/Tag:wrongful death

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 [...]

September 2016

For Attorneys – Informed Consent Claims (Part 1)

By | September 19th, 2016|For Attorneys|

A common defense in medical malpractice cases is the “known and accepted complication” defense.  In essence, the defense argues that a particular complication arises in a set percentage of cases even when the procedure is performed correctly.  The defense is commonly applied when a patient is injured by a postoperative infection or by damage to [...]

Investigating a Medication Error

By | September 16th, 2016|Medication Error|

Investigating a medication error as the basis for a medical malpractice claim requires a clear understanding of the way that medications are prescribed and dispensed. Medication error lawsuits typically involve serious injury or wrongful death as a result of an overdose, missed dose, misfilled prescription, administration of the wrong drug, or drug interaction.  A patient’s [...]

April 2016

Fatal Medication Error Avoidable

By | April 12th, 2016|Medication Error|

A number of systems are in place to prevent a medication error in the hospital.  Still, medication errors remain the most common source of hospital errors.  One system developed to reduce prescription error is the "computerized physician order entry," or CPOE, which is used by 97% of hospital nationwide as part of their electronic medical [...]

Employer’s Liability for IC’s Truck Accident

By | April 6th, 2016|Truck Accident|

When a truck accident is caused by an employee of the trucking company or company engaged in hauling, the company is liable for personal injury or wrongful death caused by the employee.  Ohio law has long held that an employer is vicariously liable for the acts of its employee.  However, an employer is typically liable [...]

March 2016

Industry Standards Applicable to a Truck Accident

By | March 16th, 2016|Truck Accident|

Regulations and Industry Standards A truck accident is unlike a routine car accident in several ways. There are a number of regulations and industry standards that apply to truck drivers and trucking companies that do not apply to ordinary drivers. One source of regulations is the Federal Motor Carrier Safety Regulations, which governs interstate trucking. [...]

Wrongful Death Lawsuits and Autopsies

By | March 14th, 2016|Wrongful Death|

When a person dies due to the negligence or misconduct of another, the surviving members of the victim's family may sue for the victim’s pain and suffering and for “wrongful death." A lawsuit for wrongful death in Ohio may only be brought by the personal representative of the victim’s estate and may require an autopsy [...]

August 2015

Traffic-Related Wrongful Deaths on the Rise

By | August 18th, 2015|Car Accident, Wrongful Death|

Traffic-related wrongful deaths are on pace to be the highest since 2007, according to the National Safety Council (NSC). In Ohio, 499 traffic fatalities occurred during the first half of 2015 alone, a 17% increase from last year.  That is 76 more deaths than 2014, only six months into the year.  It has gotten so bad that the Ohio [...]

June 2015

Wrongful Death or Brain Injury Due To Drowning

By | June 9th, 2015|Wrongful Death|

Wrongful death cases arise under Ohio law when an individual or business is negligent and the negligence results in death.  Personal injury cases arise when the negligence causes an injury.  Today, I would like to talk about injuries, including brain injury, and death that arise out of drowning and near drowning. The common misconception is that [...]

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