wrongful death

/Tag: wrongful death

August 2019

How to File a Medical Malpractice Lawsuit in Ohio

By |2019-08-07T16:40:47+00:00August 7th, 2019|Medical Malpractice|

As a Cleveland medical malpractice lawyer, 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 supported by evidence: negligence, proximate cause [...]

April 2019

How is Medical Malpractice Defined in Ohio

By |2019-04-19T14:37:34+00:00April 19th, 2019|Medical Malpractice|

As a Cleveland medical malpractice lawyer, 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 medical malpractice, the plaintiff (or, the [...]

November 2017

General Negligence: Slip and Fall Cases in Ohio

By |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 [...]

April 2017

September 2016

For Attorneys – Informed Consent Claims (Part 1)

By |2019-03-18T22:01:44+00:00September 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 |2019-04-24T18:00:09+00:00September 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 |2019-04-24T18:00:09+00:00April 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 |2019-03-18T22:01:47+00:00April 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 |2019-03-18T22:01:48+00:00March 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 |2019-04-24T18:00:08+00:00March 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 [...]

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