Ryan LLP Injury Blog

Proving a medical malpractice case can be challenging. Often someone’s health is already compromised, so it could be difficult to blame a doctor’s actions for a worsening condition. Or it can be tricky distinguishing between a mistake and the natural course of an illness. It’s important to understand the four main elements necessary to prove medical malpractice and what’s required to establish them. 

When a sudden, accidental death occurs, grief can overwhelm a family. Having no way to prepare for such a devastating event, it can be a huge struggle to face the aftermath. These types of circumstances can occur in a tragic car crash, a fatal accident at work or as a result of medical negligence. Whatever the cause, learning how to cope with death of a loved one can be the first step in recovery.

Most have heard the stories — a surgeon who accidentally leaves a metal tool inside a patient, or the nurse who administers a lethal dose of chemotherapy. The pharmacist who gave the wrong prescription medication…and the list goes on. A recent report by the Institute of Medicine estimates that as many as 44,000 to 98,000 people die in American hospitals each year as a result of medical errors. While many of the slipups that occur in the field of medicine don’t cause harm, for some patients, it can result in devastating, even tragic, consequences.
Although there are limitations to what a patient can do to protect him/herself, that doesn’t mean nothing can be done. How can you prevent medical malpractice? A few ways are detailed below.

Nighttime driving comes with some unique hazards. Most people don’t realize the impact on vision when it’s dark outside. For instance, there is a decline in one’s peripheral vision, depth perception and ability to recognize colors. Despite this, the following are tips that can help drivers at night. 

Accidents happen every day – from car wrecks on I-90 in Cleveland to the slip of a scalpel on the operating table. In cases of a wrongful death, no one intends to cause the death of another, but the reality is that without an act of negligence, your loved one might not have suffered a fatal injury.
Emotions run high after the unexpected loss of a loved one, especially if his or her death was the result of an injury due to another’s negligence. You may feel angry about your loss and that’s OK, but before you start pointing fingers and mentioning lawsuits, take a moment to consider what you must prove in order to have a case for a wrongful death lawsuit.

The State of Ohio negligence laws are based on the modified-comparative system. In a pure comparative negligence system, no matter how much at fault someone might be (even 99 percent), it’s possible to recover damages. However, under the Ohio comparative negligence law, the ability to be compensated is limited. 

In 2010, over 1.4 million people were arrested for driving while impaired, notes the Centers for Disease Control and Prevention (CDC).  Drunk driving accidents typically cause devastating and fatal injuries; they claim the life of one person every 48 minutes in the U.S., reports the CDC. If you are ever the victim of a drunk driving accident, there are several things you should do, each discussed below.

If your loved one’s death was caused by the actions or negligence of another, you may have a claim against the individual or corporation that caused the death.  Section 2125.02 of the Ohio Revised Code stipulates that wrongful death cases have to be brought about by a personal representative of the decedent. When the case settles, the settlement will be distributed to the surviving family members according to the will or to Ohio law’s specifications.  These actions must be brought within two years from the date of the death.  But related causes of action, such as a claim for medical malpractice, must be brought within the statute of limitations for that claim.