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Blog Posts - Wrongful death

28

Dec 2023

Hurry Up and Die… or Your Family Will Be Barred from Bringing a Wrongful Death Lawsuit

The Ohio Supreme Court ruled today that wrongful death lawsuits based on bad medical care must be filed within four years of the medical care, even if the patient has not (yet) died. The Ohio Supreme Court’s decision not only goes against more than 200 years of legal precedent regarding the differences between medical malpractice and wrongful death cases, it’s also absurd on its face….

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20

Oct 2023

Can the Time Limit to File a Wrongful Death Claim Expire Before the Patient has Died?

I wrote about this issue a while back when the Tenth District Court of Appeals (Franklin County, Ohio) decided the case of Everhart v. Coshocton Cty. Mem. Hosp., 2022-Ohio-629. In that appeal, the court decided that Ohio’s four-year “statute of repose” for medical negligence claims does not apply to wrongful death claims. The statute of repose is an absolute ban on any medical claim that…

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10

Aug 2022

Can the Time Limit to File a Wrongful Death Claim Expire Before the Patient has Expired?

Some courts have said yes, the time limit to file a wrongful death claim based on medical negligence can expire even before the patient has died. If this doesn’t make sense to you, you are not alone. In a recent decision, however, the Tenth District Court of Appeals (Franklin County, Ohio) reached the opposite conclusion. In the Everhart case, the court carefully analyzed the interplay…

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13

Apr 2019

If You Want to Sue for Wrongful Death, You Must Hurry Up and Die - Ohio Appeals Court Ruling

At The Eisen Law Firm, we have read many appellate court opinions relating to medical negligence over the years that seem to have come out the “wrong” way. Some seem to have gotten the facts wrong. Some seem to have gotten the law wrong. And some are just mind-boggling all the way around. Not too long ago, a court of appeals decision was rendered by…

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07

Jul 2018

Widower Awarded Nearly $5 Million After Malpractice Trial

In December of 2017, an Illinois jury awarded a widower $4.78 million in a malpractice suit he filed on behalf of his wife. Nathan Cain’s wife, Candice, died in 2012. Just four months earlier, she had undergone an endoscopic procedure, performed by Dr. Thomas Deweert and the Digestive Disease Consultants of Normal, Illinois. The jury deliberated for approximately 6 hours over a two-day period before…

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14

Sep 2017

Sorry. Not Sorry.

“Sorry. It’s my fault. Totally. My mistake, I wasn’t paying attention” confessed the middle-aged man after he ran a red light and hit my car. I was relieved that he accepted responsibility because the damage was in the thousands of dollars. But then he got a lawyer paid for by his insurance company, and he changed his story. His new story was that it was…

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02

Sep 2015

Another Look at the Pending Joan Rivers Medical Malpractice and Wrongful Death Suit

Medical malpractice may be one of the great equalizers despite wealth and privilege Many people believe that wealthy people get better medical care than the poor. There is good reason to believe that is true. Many studies show that poor people receive substandard care at a rate that is significantly greater than that received by more well-to-do patients. Still, money doesn’t guarantee quality care, and…

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14

Apr 2015

Prominent Ohio Medical Malpractice Attorney, Brian N. Eisen, of The Eisen Law Firm Presenting at Cleveland Academy of Trial Attorneys 2015 Litigation Institute

Cleveland, Ohio — Eisen Law Firm Managing Partner Brian N. Eisen, will be speaking at the Cleveland Academy of Trial Attorney’s 2015 Litigation Institute on Friday, April 24, 2015. Eisen will present on the topic, “Shhhh… Confidentiality Clauses in Settlement Agreements”. Attorney Eisen’s presentation will explore questions raised by confidentiality provisions in settlement agreements, including: Can a defense attorney ethically stop you from talking about…

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24

Mar 2015

When Policy Prevents Life-Saving Protocols

Two years ago, an 87-year-old woman named Lorraine Bayless passed away in Bakersfield, California. She was living in a senior living facility at the time. This seems like a common enough occurrence, except for one thing: when Bayless stopped breathing, a nurse stood there watching, rather than giving CPR. The story made national news, including a recording of a heated discussion between the nurse and…

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06

Jun 2014

Hospital Delays Are Killing America’s War Veterans

Military veterans are dying needlessly because of long waits and delayed care at U.S. veterans hospitals, according to a recent CNN investigation. The problem has been especially dire at the Veterans Medical Center in Columbia, South Carolina, where veterans waiting months for simple gastrointestinal procedures — such as a colonoscopy or endoscopy — have been dying because their cancers aren’t caught in time. To date,…

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31

Jan 2014

Preventing infection might start with healthcare dress codes

When readers think of hospitals, images of tile floors, scrubs and antiseptic may come to mind. Those images suggest that many individuals associate medical facilities with sanitary conditions. However, a recent article suggests that nursing homes and health centers may need to overhaul their dress code to maintain sanitary conditions. In contrast to operating rooms – where there are strict guidelines – the dress code…

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31

Oct 2013

Study estimates higher incidence of preventable medical deaths

Diagnostic errors, omissions, miscommunication, untreated infection, surgical mistakes, or even medication interactions might result in preventable medical error deaths. A 1999 study by the Institute of Medicine estimated that preventable errors might take the lives of around 98,000 patients each year. However, a recent study’s estimate is much more alarming. John T. James, a NASA toxicologist who also runs a patient advocacy organization called Patient…

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25

Oct 2013

Study indicates that medical errors are a leading cause of death

A recent tally of statistics about medical injuries might surprise readers. For starters, the number of injured patients is surprisingly high: As many as 400,000 patients are the victims of fatal medical errors each year. Put in another context, medical errors might constitute the third leading cause of death among Americans. To make matters worse, at least one source characterizes most of those injuries as…

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27

Sep 2013

Study: Hospital negligence causes more deaths than thought

We can’t be exactly sure how many Americans die as a result of hospital negligence each year, but new research suggests that it could be a lot more than was once thought. A new study in the most recent issue of the Journal of Patient Safety suggests that between  210,000 and 440,000  patients die each year after falling victim to preventable medical errors. These numbers…

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18

Jul 2013

Patient opens eyes seconds before organs are harvested

Every so often, a shocking tale of medical malpractice will remind us just how egregious hospital errors can be. A 2009 example of this is just now getting media attention. The case involves a patient who was on an operating table ready to have her organs harvested because doctors believed she was dead. Needless to say, the doctors were shocked when the woman opened her eyes moments…

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10

Jul 2013

A few steps that could prevent a life-threatening medical error

Medical mistakes cause somewhere between 44,000 and 98,000 deaths each year in the United States, according to a study by the Institute of Medicine. Some experts believe the true number actually may be much higher. If you or someone you love has been the victim of a medical mistake, you know how frustrating and heartbreaking it can be. Of the thousands of medical mistakes that…

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10

Apr 2013

Study: Rural hospitals struggling despite government program

Research has shown that there are many factors that affect rates of medical malpractice in hospitals. For instance, lack of sleep causes doctors to be more accident prone, and that lapses in communication also lead to instances of medical malpractice. A new study published earlier this month suggests that geography could also play a role. The study found that death rates increased at many rural hospitals over the past…

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30

Jan 2013

Morality at issue in wrongful death case against Catholic hospital

A wrongful death lawsuit involving a pregnant mother and her unborn twins has prompted a battle between the law and ethics. The wrongful death lawsuit, which was filed by the father, claims that a Catholic hospital was negligent when it failed to deliver the twins via emergency cesarean section. However, the hospital denied responsibility, saying that it is not liable for the deaths of the fetuses because…

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12

Dec 2012

Study: Bed alarms not enough to prevent hospital falls

Falls are the leading cause of injury and death for adults over the age of 65, according to the Centers for Disease Control and Prevention. Falls are also one of the biggest threats to people who are hospitalized, and they are especially common when patients try to get out of their hospital beds on their own. That’s why many hospitals have installed bed alarms that…

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