Motor vehicle accidents almost always occur due to driver error. We have seen car accidents resulting from driver inattention, texting and driving, drinking and driving, inexperienced drivers and simple neglect. The Centers for Disease Control (CDC) recently published a stunning article about the hazards of "drowsy driving" - where drivers hurtling down the road in a 2000 lbs. vehicle fall [...]
Surgical errors occur with alarming frequency. The journal Surgery recently reported a survey of one particularly disturbing category of surgical error -- so-called "never events." Never events were so named because, pursuant to a list created by the Centers for Medicare and Medicaid, these events should never occur. In the surgical context, never events include wrong-site surgery [...]
At Mishkind Kulwicki Law, we are frequently asked how long do I have to file a medical claim. In Ohio when a doctor or hospital or nursing home is negligent and the negligence causes injury, the statute of limitations depends on whether the injury is to a child or an adult. If the injury is [...]
Why do medical errors or medical mistakes continue to happen? We read about efforts that are being made to improve surgical safety. Timeouts before surgery to make sure that everything is in order are common. Checking patient wristbands is standard practice. Asking patients to state their name and date of birth and whether they understand what [...]
There is an alarming risk of medical malpractice in the treatment of anaphylaxis, according to an article published in the journal of the American College of Allergy, Asthma, and Immunology (ACAAI). Anaphylaxis is a severe, systemic allergic reaction that affects some people when exposed to certain drugs, foods or bee stings. Anaphylaxis happens quickly after the exposure and involves the whole body, but [...]
Kaiser Health News recently published an article about the risk of medical errors posed by elderly physicians. According to the American Medical Association (AMA), about 42% of U.S. doctors are older than 55 and 21% are older than 65. According to the Kaiser Health News article, "[t]heir ranks are expected to increase as many work past the traditional [...]
Howard Mishkind and David Kulwicki Named to Super Lawyers List 2013 Mishkind Kulwicki Law Co., L.P.A. is proud to announce that Howard Mishkind and David Kulwicki were both selected for inclusion in Ohio Super Lawyers List for 2013. Mr. Mishkind has achieved this recognition every year since 2006 and Mr. Kulwicki has been named to [...]
A recent study published in Brain reports that repetitive mild traumatic brain injury can have major long-term consequences. The study looked at athletes and military personnel who had sustained repeated hits to the head over time. 80% were found to have chronic traumatic encephalopathy, a progressive condition whose symptoms can include memory loss, depression and dementia. There is no [...]
Motor vehicle accidents are a source of many common personal injuries. Occasionally, however, we are confronted with more exotic injuries. Tinnitus is one such injury. Tinnitus, or "ringing in the ears," occurs every so often as a result of trauma sustained in a car accident. We have spent much time investigating this rare injury, and have [...]
In April, 2010, the Ohio State Medical Board issued a Policy Statement that sets for guidelines for the preparation of death certificates in Ohio. The Policy Statement can be read here: http://med.ohio.gov/pdf/position_statements/Death_Certificates.pdf. In brief, a Death Certificate can be completed by the county coroner, medical examiner or the patient's attending physician. The "attending physician" is the [...]