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 [...]
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 arises out of drowning and near-drowning. The common misconception is that [...]
Insurance companies defend their insured doctors from medical negligence claims by trotting out every conceivable argument, hoping that one sticks. So, in medical malpractice cases resulting in wrongful death, the insurance lawyers often question the cause of death. They even rely on ambiguity created by the defendant physician who failed to obtain appropriate tests needed to make the correct diagnosis. In [...]
Surgical errors are a frequent source of medical malpractice claims in Ohio. Urologic Care reports this month that the incidence of wrongful death associated with common urologic procedures increased significantly over a 12-year study period. The increase in preventable deaths coincided with a shift of more procedures to outpatient surgery centers. It appears that, once again, profits are getting [...]
Medical errors can occur when critical lab values are not properly communicated. A critical lab value is one that is so at odds with normal lab values that it potentially portrays a life threatening condition, unless immediate corrective action is taken. Laboratories can measure a variety of body fluids, including urine, sputum and blood, or process tissue samples [...]
Medical errors not only cause injury and wrongful death, but they also lead to increased costs of healthcare for all Americans. A recent study shows that U.S. healthcare is not only the worst when compared with other leading industrialized countries, but it is also the most expensive by far. Why is this acceptable? Americans are proud of [...]
Truck and car accidents caused by fatigued drivers are no accident. When a truck driver gets onto the highway in an exhausted state, he or she is significantly more likely to crash. Last week, we read that a TV star, Tracy Morgan, was gravely injured when his van was rearended by a fatigued truck driver. One [...]
I had previously reported that medical errors kill up to 98,000 Americans each year, based on statistics published in the Institute of Medicine's 2000 publication "To Err Is Human: Building a Safer Health System." A May 2014 report published in Consumer Reports estimates that the number of deaths from medical mistakes may be four times [...]
Sometimes medical errors occur because an unnecessary test or procedure is suggested to an unwitting patient. This is such an extremely common problem that the American Board of Internal Medicine started an initiative called "Choosing Wisely" to identify specific areas of overutilization in various specialties of medicine. You can read more here: http://www.choosingwisely.org/doctor-patient-lists/. Under Ohio law, overuse [...]
The Florida Supreme Court in Estate of Michelle McCall v. United States overturned a 2003 law that imposed arbitrary limits on noneconomic damages in wrongful death claims. This is a tremendous victory for Florida patients and families. It also sends a message throughout the U.S about the myths of medical malpractice lawsuits. THERE IS NO [...]
