Medical errors leading to injury occur in a variety of circumstances. Each situation is unique and must be thoroughly evaluated. Some of the more common areas are: post surgical infections, nursing negligence, improper drug prescriptions, misdiagnosis, radiology failures, and failure to refer to a specialist.
Misdiagnosis
Any injury or condition can be misdiagnosed, however, in order to present a valid claim the patient must be able to establish the error caused an injury. Often we see this with failure to diagnose cancer. A delay in treating any cancer can greatly affect the likelihood of recovery and long term survival. Some cancers are more aggressive and faster growing, in those cases a delay of only a few months can have a significant impact. The higher the stage of the cancer, the lower the cure rate. Cancers of more advanced stages have higher recurrence and mortality rates. In legal terms this is often referred to an increased risk of harm.
In other cases their may be an error that does not effect the prognosis. For example, if a doctor/radiologist failed to recognize a fracture that may be a mistake. But if it is properly diagnosed 2 weeks later, and no additional harm was caused then there is no basis for a claim.
Prescription Errors
If your doctor prescribes the wrong medicine your body can have an intense adverse reaction. Sometime a doctor will fail to consider what other medication a patient is taking. If certain drugs are taken in combination they can cause severe damage, and even death. Or the medication may be contraindicated, that is the drug will have the opposite affect from that desired, and make the condition worse.
Nursing Negligence
Nurses play a vital role in the patient’s health care, particularly in hospitals. The nurse is often responsible for carrying out the doctor’s orders and marking the chart. If the nurse fails to follow the doctors instructions this can obviously harm the patient. In addition, if the nurse does not make appropriate notes on the chart this can also be a basis for malpractice.
Post Surgical Infections
It is not necessarily negligent to contract an infection during surgery. However, medical negligence occurs when the doctor fails to make a timely diagnosis of an infectious process and intervene before severe damage is done. Chest and abdominal infections are particularly worrisome. They require careful monitoring of the signs and symptoms of infection such as temperature, white blood cell count, presence of pus, and other factors. If these signs and symptoms are present and are not aggressively worked up, the infection can spread and can lead to a permanent disability and even death.
Our firm handles a variety of medical malpractice claims, which cannot all be discussed in this web site. If you would like to discuss your legal options, contact us online or call us at (216) 685-9991 to set up a FREE consultation.
Medical Malpractice Links
Birth And Brain Injuries
Misdiagnosis Of Cancer
Surgical Errors
Medication Errors
Stroke Misdiagnosis
Hospital Infections
Other Medical Malpractice
Wednesday, March 18, 2009
Hospital Infections
Infections contracted in hospitals are the fourth largest killer in the United States, causing many deaths. One out of every twenty hospital patients gets an infection. That's two million Americans a year and over one hundred thousand of them die. Many hospital infections are preventable. Improvements in intravenous catheter use, compliance with pre-surgical best practices, and better hygiene can significantly reduce the risk of infection.
Infections can cause a significant medical condition, or even a relatively minor one, to become much more severe, and even result in death. Thus, when a patient contracts an infection in the hospital it is necessary to examine the reason for the hospital stay, the risk of contracting an infection for that type of patient, and the steps taken by the hospital to reduce exposure to infectious agents. Infection cases must be thoroughly investigated to determine whether the hospital had a plan, whether healthcare providers in the hospital followed the plan, whether physicians were properly monitoring the use and administration of antibiotics, whether sterilization procedures were properly followed, and whether some other explanation exists. There can be times when the hospital is not negligent for the patient developing an infection, however they can be at fault for not quickly diagnosing and treating the infection.
To prove that malpractice caused or contributed to a hospital infection you must establish that the hospital did not have a proper infection control plan or they failed to follow the plan they adopted. Further, the error must have been one that a reasonable hospital would not have committed and which caused the injury to the patient.
If you would like to discuss your legal options, contact us online or call us at (216) 685-9991 to set up a FREE consultation.
Medical Malpractice Links
Birth And Brain Injuries
Misdiagnosis Of Cancer
Surgical Errors
Medication Errors
Stroke Misdiagnosis
Hospital Infections
Other Medical Malpractice
Infections can cause a significant medical condition, or even a relatively minor one, to become much more severe, and even result in death. Thus, when a patient contracts an infection in the hospital it is necessary to examine the reason for the hospital stay, the risk of contracting an infection for that type of patient, and the steps taken by the hospital to reduce exposure to infectious agents. Infection cases must be thoroughly investigated to determine whether the hospital had a plan, whether healthcare providers in the hospital followed the plan, whether physicians were properly monitoring the use and administration of antibiotics, whether sterilization procedures were properly followed, and whether some other explanation exists. There can be times when the hospital is not negligent for the patient developing an infection, however they can be at fault for not quickly diagnosing and treating the infection.
To prove that malpractice caused or contributed to a hospital infection you must establish that the hospital did not have a proper infection control plan or they failed to follow the plan they adopted. Further, the error must have been one that a reasonable hospital would not have committed and which caused the injury to the patient.
If you would like to discuss your legal options, contact us online or call us at (216) 685-9991 to set up a FREE consultation.
Medical Malpractice Links
Birth And Brain Injuries
Misdiagnosis Of Cancer
Surgical Errors
Medication Errors
Stroke Misdiagnosis
Hospital Infections
Other Medical Malpractice
Stroke Misdiagnosis
Stroke Misdiagnosis
When a blood vessel in the brain bursts this causes blood to spill into the spaces surrounding brain cells causing a stroke. Also a stroke can occur when the blood supply to part of the brain is interrupted. This in turn causes brain cells die due to lack of oxygen and nutrients from the blood. Symptoms of a stroke include sudden numbness or weakness, especially on one side of the body; confusion or trouble speaking or understanding speech; sudden trouble seeing in one or both eyes; sudden trouble with walking, dizziness, or loss of balance or coordination; or sudden severe headache with no known cause. There are two types of stroke: ischemic - blockage of a blood vessel supplying the brain, and hemorrhagic - bleeding into or around the brain.
When considering a malpractice claim there are a couple of factors that have to be evaluated. First, the question is, could the stroke have been prevented. Second, was the stroke properly and promptly diagnosed. Getting prompt treatment is critical decreasing any long standing adverse effects from a stroke. Treatment to prevent a stroke are based on treating an individual's underlying risk factors for stroke, such as hypertension, diabetes, atrial fibrillation and prior strokes. Acute stroke therapies try to stop a stroke while it is happening by quickly dissolving the blood clot causing an ischemic stroke or by stopping the bleeding of a hemorrhagic stroke. If a doctor or hospital staff fails to recognize the signs of a stroke and does not take immediate action, significant injury can occur, which could have been prevented.
If you would like to discuss your legal options, contact us online or call us at (216) 685-9991 to set up a FREE consultation.
Medical Malpractice Links
Birth And Brain Injuries
Misdiagnosis Of Cancer
Surgical Errors
Medication Errors
Stroke Misdiagnosis
Hospital Infections
Other Medical Malpractice
When a blood vessel in the brain bursts this causes blood to spill into the spaces surrounding brain cells causing a stroke. Also a stroke can occur when the blood supply to part of the brain is interrupted. This in turn causes brain cells die due to lack of oxygen and nutrients from the blood. Symptoms of a stroke include sudden numbness or weakness, especially on one side of the body; confusion or trouble speaking or understanding speech; sudden trouble seeing in one or both eyes; sudden trouble with walking, dizziness, or loss of balance or coordination; or sudden severe headache with no known cause. There are two types of stroke: ischemic - blockage of a blood vessel supplying the brain, and hemorrhagic - bleeding into or around the brain.
When considering a malpractice claim there are a couple of factors that have to be evaluated. First, the question is, could the stroke have been prevented. Second, was the stroke properly and promptly diagnosed. Getting prompt treatment is critical decreasing any long standing adverse effects from a stroke. Treatment to prevent a stroke are based on treating an individual's underlying risk factors for stroke, such as hypertension, diabetes, atrial fibrillation and prior strokes. Acute stroke therapies try to stop a stroke while it is happening by quickly dissolving the blood clot causing an ischemic stroke or by stopping the bleeding of a hemorrhagic stroke. If a doctor or hospital staff fails to recognize the signs of a stroke and does not take immediate action, significant injury can occur, which could have been prevented.
If you would like to discuss your legal options, contact us online or call us at (216) 685-9991 to set up a FREE consultation.
Medical Malpractice Links
Birth And Brain Injuries
Misdiagnosis Of Cancer
Surgical Errors
Medication Errors
Stroke Misdiagnosis
Hospital Infections
Other Medical Malpractice
Medication Errors
Serious medication errors occur over One Million times each year and large percentage are life threatening. Giving the incorrect medication, wrong dosage or improperly combining medication can cause adverse reactions with fatal results. Often the doctor may have incomplete patient information such as not knowing about patients' allergies, other medicines they are taking, previous diagnoses, and lab results.
Common Medication Mistakes
Preventable errors occur because systems for safely prescribing and ordering medication are not appropriately used.
A widely recognized cause of error is illegible handwritten prescriptions.
Errors may result from insufficient or missing information about co-prescribed medications, past dose-response relationships, laboratory values and allergic sensitivities.
Errors in prescribing can occur when an incorrect drug or dose is selected, or when a regimen is too complex.
When prescriptions are transmitted orally, sound-alike names may cause error.
Similarly, drugs with similar-looking names can be incorrectly dispensed when prescriptions are handwritten.
Physician sampling of medications can contribute to medication errors due to the lack of both adequate documentation and drug utilization review.
If you would like to discuss your legal options, contact us online or call us at (216) 685-9991 to set up a FREE consultation.
Medical Malpractice Links
Birth And Brain Injuries
Misdiagnosis Of Cancer
Surgical Errors
Medication Errors
Stroke Misdiagnosis
Hospital Infections
Other Medical Malpractice
Common Medication Mistakes
Preventable errors occur because systems for safely prescribing and ordering medication are not appropriately used.
A widely recognized cause of error is illegible handwritten prescriptions.
Errors may result from insufficient or missing information about co-prescribed medications, past dose-response relationships, laboratory values and allergic sensitivities.
Errors in prescribing can occur when an incorrect drug or dose is selected, or when a regimen is too complex.
When prescriptions are transmitted orally, sound-alike names may cause error.
Similarly, drugs with similar-looking names can be incorrectly dispensed when prescriptions are handwritten.
Physician sampling of medications can contribute to medication errors due to the lack of both adequate documentation and drug utilization review.
If you would like to discuss your legal options, contact us online or call us at (216) 685-9991 to set up a FREE consultation.
Medical Malpractice Links
Birth And Brain Injuries
Misdiagnosis Of Cancer
Surgical Errors
Medication Errors
Stroke Misdiagnosis
Hospital Infections
Other Medical Malpractice
Surgical Errors
Surgical injuries are relatively common. Usually, one of the risks of surgery presented to a patient is surgical injury to some of the surrounding anatomical structures. The knife can slip, even under the most careful hands. Cases of surgical negligence become viable medical malpractice cases when the surgical injury is either not appreciated or worse, ignored.
If a surgeon cuts the wrong structure and fails to diagnose it that is often negligence. If a surgeon cuts a structure without properly identifying it causing harm, that can be negligence as well. On the other hand, if a surgeon cuts the wrong structure during surgery, immediately recognizes and does everything he can to repair it that will present a much more difficult case of negligence to prove.
Many times the surgical error is apparent in the dictated operative note. The records must be carefully examined in order to determine whether there was a deviation from the standard of care causing injury.
Common causes of surgical injuries include:
Wrong-site surgery - operating in the wrong area of the body.
Wrong surgical procedure. This can include removing the wrong part of the body, such as limbs, organs, and tissue.
Surgical instrument left in the body - retractors, sponges, and surgical towels can all be left in the body.
Surgery unrelated to the patient's diagnosis.
Wrong patient surgery.
Damage from a planned surgery - this can occur when damage is not a risk that was explained to the patient before undergoing surgery.
If you would like to discuss your legal options, contact us online or call us at (216) 685-9991 to set up a FREE consultation.
Medical Malpractice Links
Birth And Brain Injuries
Misdiagnosis Of Cancer
Surgical Errors
Medication Errors
Stroke Misdiagnosis
Hospital Infections
Other Medical Malpractice
If a surgeon cuts the wrong structure and fails to diagnose it that is often negligence. If a surgeon cuts a structure without properly identifying it causing harm, that can be negligence as well. On the other hand, if a surgeon cuts the wrong structure during surgery, immediately recognizes and does everything he can to repair it that will present a much more difficult case of negligence to prove.
Many times the surgical error is apparent in the dictated operative note. The records must be carefully examined in order to determine whether there was a deviation from the standard of care causing injury.
Common causes of surgical injuries include:
Wrong-site surgery - operating in the wrong area of the body.
Wrong surgical procedure. This can include removing the wrong part of the body, such as limbs, organs, and tissue.
Surgical instrument left in the body - retractors, sponges, and surgical towels can all be left in the body.
Surgery unrelated to the patient's diagnosis.
Wrong patient surgery.
Damage from a planned surgery - this can occur when damage is not a risk that was explained to the patient before undergoing surgery.
If you would like to discuss your legal options, contact us online or call us at (216) 685-9991 to set up a FREE consultation.
Medical Malpractice Links
Birth And Brain Injuries
Misdiagnosis Of Cancer
Surgical Errors
Medication Errors
Stroke Misdiagnosis
Hospital Infections
Other Medical Malpractice
Misdiagnosis of Cancer
In today's world of mammograms, colonoscopies, MRIs, and blood tests, it still occurs that cancers are missed, and opportunities for early treatment are lost. When a delay in diagnoses occurs, the patient's prognosis or treatment is often dramatically affected, and there is actionable malpractice. Not every delay in diagnosis or misdiagnosis however results in actionable legal damage, but when it does, our lawyers have handled many misdiagnoses of cancer cases over the years and are prepared to assist you in the pursuit of the matter.
Failure to Diagnose Breast Cancer
Breast cancer is one of the most common forms cancer, however if diagnosed and treated in the early stages, the prognoses can be very good. Unfortunately, there are many times when proper diagnosis is not made. Some of the common errors failing to diagnose breast cancer are:
Inappropriate follow up when a mass or other symptom is reported by patient.
Improper reading of the mammogram.
Failure to order a biopsy when a mass is detected.
A delay in treating breast cancer can greatly affect the likelihood of recovery and long term survival. Depending on the stage of cancer and other factors a few months delay can have significant ramification. When breast cancer goes undetected by a physician the cancer is given the opportunity to advance to a more serious stage. This failure to diagnose breast cancer (as with all cancers) increases the risk of harm to the patient. The higher the stage of the cancer, the lower the cure rate. Cancers of more advanced stages have higher recurrence and mortality rates.
Some of the most common signs and symptoms of breast cancer are:
A suspicious mass
Nipple discharge
A painful breast
A reddened breast
If you would like to discuss your legal options, contact us online or call us at (216) 685-9991 to set up a FREE consultation.
Failure to Diagnose Colon Cancer
Colon and rectal cancers are the second most prevalent cancer after lung cancer among men, and the third most prevalent cancer after breast cancer and lung cancer in women. Most colorectal cancers grow slowly over a period of several years, often beginning as small benign growths called polyps. Removing these polyps early, before they become malignant, is an effective means of preventing colorectal cancer.
Colon cancers are usually detected by a test called a colonoscopy where a long flexible tube with a tiny camera lens at the end is inserted into the rectum and followed through the colon to the end at the cecum. If any abnormality is detected, a small piece of bowel lining is cut out and examined under a microscope to see if it is pre-cancer or cancer. Some common symptoms of colon cancer are:
Rectal bleeding
Change in bowel habits
Abdominal discomfort
Unexplained anemia
While these symptoms can have many causes besides cancer your doctor should consider a colonoscopy under many circumstances. If it the cancer is detected early there is a very good chance for recovery. However, the longer the delay in diagnosis the greater the risk of mastitis and the poorer the prognosis.
Malpractice may be committed if your doctor fails to perform a thorough exam or does not inform the patient of the significance of certain symptoms such as rectal bleeding. For, example if the doctor determines your bleeding is result of hemorrhoids, but the bleeding persists after treatment, then a colonoscopy should be prescribed to rule out cancer. In other cases, a patient may never be informed that a symptom could be an indicator of cancer and they leave the doctor's office with a false sense of well-being.
If you would like to discuss your legal options, contact us online or call us at (216) 685-9991 to set up a FREE consultation.
Failure to Diagnose Cervical Cancer
Pap smears are typically the most effective way to screen for cervical cancer . Pre-invasive lesions of the cervix can be detected through this test and provide an early opportunity for treatment. The American Cancer Society recommends that a Pap smear be obtained every 3 years after 2 negative Pap smears were obtained at yearly intervals. Many gynecologists recommend yearly Pap smears. Pap smears are read by laboratories, and it is important to examine old Pap smears to find out of they were properly read by the evaluator. Obviously, appropriate physical examination is also an important part of the cancer screening process.
The Pap smear test
The Pap smear is a microscopic examination of cells sampled from the uterine cervix surface and sometimes the vaginal wall, which is performed to detect precancerous change and cancer. The cervix is the lower part of the uterus that opens into the vagina. The Pap test can tell if you have an infection, abnormal (unhealthy) cells, or cancer. After the sample is taken, it is prepared for microscopic evaluation in the laboratory. Analysis of the cells is extremely helpful in diagnosing cancer at an early stage. This process is referred to as a cytological examination. Cytology is the study of the structure, function, behavior, growth, and reproduction of cells and cell components. Examining the cervical tissue at the microscopic level provides a great opportunity for early treatment.
Testing Errors
Unfortunately, the detection of these pre-cancerous cells, as well as the diagnosis of cervical cancer, is occasionally delayed by physicians, laboratories and other medical personnel who, through inappropriate or deficient care, fail to properly administer the PAP smear. They might also fail to properly test the specimen or inadequately or improperly analyze test results.
In many cases the pap smears are read inaccurately. Thereafter, symptoms develop including irregular bleeding and unusual vaginal discharge, and cancer is then diagnosed. However, by the time these symptoms appear the cancer may develop or progress to a latter stage. This makes the treatment more invasive and decreases the likelihood of recovery.
At The Skolnick Law Firm, LLC we retain the appropriate experts to review the testing procedures. In particular, the slides are reviewed, which often reveals there were pre-cancerous or cancerous cells on the slides previously determined to be normal.
If you would like to discuss your legal options, contact us online or call us at (216) 685-9991 to set up a FREE consultation.
Medical Malpractice Links
Birth And Brain Injuries
Misdiagnosis Of Cancer
Surgical Errors
Medication Errors
Stroke Misdiagnosis
Hospital Infections
Other Medical Malpractice
Failure to Diagnose Breast Cancer
Breast cancer is one of the most common forms cancer, however if diagnosed and treated in the early stages, the prognoses can be very good. Unfortunately, there are many times when proper diagnosis is not made. Some of the common errors failing to diagnose breast cancer are:
Inappropriate follow up when a mass or other symptom is reported by patient.
Improper reading of the mammogram.
Failure to order a biopsy when a mass is detected.
A delay in treating breast cancer can greatly affect the likelihood of recovery and long term survival. Depending on the stage of cancer and other factors a few months delay can have significant ramification. When breast cancer goes undetected by a physician the cancer is given the opportunity to advance to a more serious stage. This failure to diagnose breast cancer (as with all cancers) increases the risk of harm to the patient. The higher the stage of the cancer, the lower the cure rate. Cancers of more advanced stages have higher recurrence and mortality rates.
Some of the most common signs and symptoms of breast cancer are:
A suspicious mass
Nipple discharge
A painful breast
A reddened breast
If you would like to discuss your legal options, contact us online or call us at (216) 685-9991 to set up a FREE consultation.
Failure to Diagnose Colon Cancer
Colon and rectal cancers are the second most prevalent cancer after lung cancer among men, and the third most prevalent cancer after breast cancer and lung cancer in women. Most colorectal cancers grow slowly over a period of several years, often beginning as small benign growths called polyps. Removing these polyps early, before they become malignant, is an effective means of preventing colorectal cancer.
Colon cancers are usually detected by a test called a colonoscopy where a long flexible tube with a tiny camera lens at the end is inserted into the rectum and followed through the colon to the end at the cecum. If any abnormality is detected, a small piece of bowel lining is cut out and examined under a microscope to see if it is pre-cancer or cancer. Some common symptoms of colon cancer are:
Rectal bleeding
Change in bowel habits
Abdominal discomfort
Unexplained anemia
While these symptoms can have many causes besides cancer your doctor should consider a colonoscopy under many circumstances. If it the cancer is detected early there is a very good chance for recovery. However, the longer the delay in diagnosis the greater the risk of mastitis and the poorer the prognosis.
Malpractice may be committed if your doctor fails to perform a thorough exam or does not inform the patient of the significance of certain symptoms such as rectal bleeding. For, example if the doctor determines your bleeding is result of hemorrhoids, but the bleeding persists after treatment, then a colonoscopy should be prescribed to rule out cancer. In other cases, a patient may never be informed that a symptom could be an indicator of cancer and they leave the doctor's office with a false sense of well-being.
If you would like to discuss your legal options, contact us online or call us at (216) 685-9991 to set up a FREE consultation.
Failure to Diagnose Cervical Cancer
Pap smears are typically the most effective way to screen for cervical cancer . Pre-invasive lesions of the cervix can be detected through this test and provide an early opportunity for treatment. The American Cancer Society recommends that a Pap smear be obtained every 3 years after 2 negative Pap smears were obtained at yearly intervals. Many gynecologists recommend yearly Pap smears. Pap smears are read by laboratories, and it is important to examine old Pap smears to find out of they were properly read by the evaluator. Obviously, appropriate physical examination is also an important part of the cancer screening process.
The Pap smear test
The Pap smear is a microscopic examination of cells sampled from the uterine cervix surface and sometimes the vaginal wall, which is performed to detect precancerous change and cancer. The cervix is the lower part of the uterus that opens into the vagina. The Pap test can tell if you have an infection, abnormal (unhealthy) cells, or cancer. After the sample is taken, it is prepared for microscopic evaluation in the laboratory. Analysis of the cells is extremely helpful in diagnosing cancer at an early stage. This process is referred to as a cytological examination. Cytology is the study of the structure, function, behavior, growth, and reproduction of cells and cell components. Examining the cervical tissue at the microscopic level provides a great opportunity for early treatment.
Testing Errors
Unfortunately, the detection of these pre-cancerous cells, as well as the diagnosis of cervical cancer, is occasionally delayed by physicians, laboratories and other medical personnel who, through inappropriate or deficient care, fail to properly administer the PAP smear. They might also fail to properly test the specimen or inadequately or improperly analyze test results.
In many cases the pap smears are read inaccurately. Thereafter, symptoms develop including irregular bleeding and unusual vaginal discharge, and cancer is then diagnosed. However, by the time these symptoms appear the cancer may develop or progress to a latter stage. This makes the treatment more invasive and decreases the likelihood of recovery.
At The Skolnick Law Firm, LLC we retain the appropriate experts to review the testing procedures. In particular, the slides are reviewed, which often reveals there were pre-cancerous or cancerous cells on the slides previously determined to be normal.
If you would like to discuss your legal options, contact us online or call us at (216) 685-9991 to set up a FREE consultation.
Medical Malpractice Links
Birth And Brain Injuries
Misdiagnosis Of Cancer
Surgical Errors
Medication Errors
Stroke Misdiagnosis
Hospital Infections
Other Medical Malpractice
Birth And Brain Injuries
Medical Malpractice is a frequent cause of traumatic injuries during birth. At The Skolnick Law Firm, LLC our team of lawyers and expert medical consultants pride themselves on helping families uncover whether medical errors were responsible for these devastating injuries. Cerebral palsy and other birth injuries can occur during the delivery process or by improper prenatal care. If a doctor or nurse fails recognize fetal distress or responds too slowly your child could suffer a life long disability. We are experienced in handling and understanding these complex medical issues.
Common Delivery Errors Include:
Failure to monitor fetal strips
Misread fetal strips
Improper use of forceps or vacuum
Failure to perform caesarean section
Was there malpractice?
Certainly there are instance where child's condition is the result of genetics, such as a chromosomal disorder, however far too often these life altering conditions are the result of malpractice. For example, significant injuries can occur when the doctor or nurse fails to read (or inaccurately reads) the fetal monitory strips. If the strips indicate fetal distress then the doctor must act immediately, otherwise the fetus could be deprived of its vital oxygen supply. As result this delay the baby can sustain brain damage that could have been avoided. In other cases, the misuse of forceps or vacuum during delivery can cause traumatic brain injury. The newborn’s skull is still very soft and if too much pressure is applied there can be a direct trauma to the brain.
Cerebral palsy , Erb’s Palsy, and Brachial Plexus Palsy are some the common results from birth injuries. While physical or speech therapy can help improve a child’s development, the impact of cerebral palsy and other birth injuries are typically permanent.
How the injury occurs
The brain is the primary center for regulating and coordinating all body activities. Essential to the regulation and coordination of these body activities is the transmission to the brain of oxygen obtained through air inhaled and exhaled during the act of respiration. Traumatic birth injuries are a broad description which is used to describe both avoidable and unavoidable mechanical and anoxic trauma to the brain of an infant during labor and delivery.
Anoxic trauma involves a situation in which there is diminished oxygen in the arterial blood supply despite the infant's otherwise-normal ability to carry oxygen. The diminished oxygen in the blood supply may be due to a reduced oxygen supply, respiratory obstruction, or inadequate respiratory movements. This can result in serious conditions, including cerebral palsy.
Mechanical trauma involves some physical act to the body, usually the skull of the infant, which prevents the needed transmission of oxygen to the brain of the infant.
If you would like to discuss your legal options, contact us online or call us at (216) 685-9991 to set up a FREE consultation.
Medical Malpractice Links
Birth And Brain Injuries
Misdiagnosis Of Cancer
Surgical Errors
Medication Errors
Stroke Misdiagnosis
Hospital Infections
Other Medical Malpractice
Common Delivery Errors Include:
Failure to monitor fetal strips
Misread fetal strips
Improper use of forceps or vacuum
Failure to perform caesarean section
Was there malpractice?
Certainly there are instance where child's condition is the result of genetics, such as a chromosomal disorder, however far too often these life altering conditions are the result of malpractice. For example, significant injuries can occur when the doctor or nurse fails to read (or inaccurately reads) the fetal monitory strips. If the strips indicate fetal distress then the doctor must act immediately, otherwise the fetus could be deprived of its vital oxygen supply. As result this delay the baby can sustain brain damage that could have been avoided. In other cases, the misuse of forceps or vacuum during delivery can cause traumatic brain injury. The newborn’s skull is still very soft and if too much pressure is applied there can be a direct trauma to the brain.
Cerebral palsy , Erb’s Palsy, and Brachial Plexus Palsy are some the common results from birth injuries. While physical or speech therapy can help improve a child’s development, the impact of cerebral palsy and other birth injuries are typically permanent.
How the injury occurs
The brain is the primary center for regulating and coordinating all body activities. Essential to the regulation and coordination of these body activities is the transmission to the brain of oxygen obtained through air inhaled and exhaled during the act of respiration. Traumatic birth injuries are a broad description which is used to describe both avoidable and unavoidable mechanical and anoxic trauma to the brain of an infant during labor and delivery.
Anoxic trauma involves a situation in which there is diminished oxygen in the arterial blood supply despite the infant's otherwise-normal ability to carry oxygen. The diminished oxygen in the blood supply may be due to a reduced oxygen supply, respiratory obstruction, or inadequate respiratory movements. This can result in serious conditions, including cerebral palsy.
Mechanical trauma involves some physical act to the body, usually the skull of the infant, which prevents the needed transmission of oxygen to the brain of the infant.
If you would like to discuss your legal options, contact us online or call us at (216) 685-9991 to set up a FREE consultation.
Medical Malpractice Links
Birth And Brain Injuries
Misdiagnosis Of Cancer
Surgical Errors
Medication Errors
Stroke Misdiagnosis
Hospital Infections
Other Medical Malpractice
Traffic Defense
Ohio Traffic Violations Defense Attorneys
If you or a relative are pulled over by police and issued a ticket for a moving violation, you have legal rights to protect. The Ohio traffic ticket lawyers at The Skolnick Law Firm, LLC have the necessary experience to vigorously defend any traffic charges brought against you and have successfully done so for many clients in your situation. Please contact The Skolnick Law Firm, LLC for a free initial consultation today.
The Skolnick Law Firm, LLC represents drivers charged with:
Drunk driving: Operating a Vehicle under the Influence (OVI)
Reckless driving
Speeding
Driving on a suspended license
Driving on a revoked license
Driving without insurance
Seat belt violations
Failure to pay fines
Failure to stop for a police officer
Failure to appear in court
Outstanding traffic warrants from failure to pay tickets
Operating a Vehicle under the Influence (OVI)
In particular, operating a vehicle while intoxicated or under the influence is a serious charge. If you are found guilty, the consequences can include substantial jail or prison time, huge fines, and loss of driving privileges. A conviction for driving under the influence can impact your family, your job, your insurance and the overall quality of your life.
An experienced traffic defense attorney at The Skolnick Law Firm, LLC can evaluate the facts of your case to help you determine whether evidence can be suppressed or other legal remedies utilized to assist you in defending your case. If you were required to submit to field sobriety tests, breath tests or blood tests, an OVI lawyer may be able to assist you in having those test results suppressed. If a conviction is inevitable, our driving lawyers can help you make the best sentencing presentation to lessen the consequences.
Driving Under Suspension (DUS)
Driving while your license is suspended is a serious violation in Ohio. Driving under suspension is a first degree misdemeanor, punishable by up to 6 months in jail and a $1,000 fine, in addition to specific driving under suspension (DUS) penalties.
On a first or second conviction for DUS, your car will be immobilized for 30 or 60 days. On a 3rd or subsequent conviction, the court will order a criminal forfeiture of your car to the State. It should be noted that the immobilization and forfeiture provisions are generally only applicable if the car you were driving is registered in your name. However, driving someone else's car while under suspension could expose that person to criminal liability for permitting you to drive (wrongful entrustment), which exposes them to immobilization and/or forfeiture penalties under a separate statute.
However, our expertise in Ohio traffic law defense can save you months in jail and thousands of dollars in fines. Take a moment to learn more about what we can do for you.
If you would like to discuss your legal options, contact us online or call us at (216) 685-9991 to set up a FREE consultation.
If you or a relative are pulled over by police and issued a ticket for a moving violation, you have legal rights to protect. The Ohio traffic ticket lawyers at The Skolnick Law Firm, LLC have the necessary experience to vigorously defend any traffic charges brought against you and have successfully done so for many clients in your situation. Please contact The Skolnick Law Firm, LLC for a free initial consultation today.
The Skolnick Law Firm, LLC represents drivers charged with:
Drunk driving: Operating a Vehicle under the Influence (OVI)
Reckless driving
Speeding
Driving on a suspended license
Driving on a revoked license
Driving without insurance
Seat belt violations
Failure to pay fines
Failure to stop for a police officer
Failure to appear in court
Outstanding traffic warrants from failure to pay tickets
Operating a Vehicle under the Influence (OVI)
In particular, operating a vehicle while intoxicated or under the influence is a serious charge. If you are found guilty, the consequences can include substantial jail or prison time, huge fines, and loss of driving privileges. A conviction for driving under the influence can impact your family, your job, your insurance and the overall quality of your life.
An experienced traffic defense attorney at The Skolnick Law Firm, LLC can evaluate the facts of your case to help you determine whether evidence can be suppressed or other legal remedies utilized to assist you in defending your case. If you were required to submit to field sobriety tests, breath tests or blood tests, an OVI lawyer may be able to assist you in having those test results suppressed. If a conviction is inevitable, our driving lawyers can help you make the best sentencing presentation to lessen the consequences.
Driving Under Suspension (DUS)
Driving while your license is suspended is a serious violation in Ohio. Driving under suspension is a first degree misdemeanor, punishable by up to 6 months in jail and a $1,000 fine, in addition to specific driving under suspension (DUS) penalties.
On a first or second conviction for DUS, your car will be immobilized for 30 or 60 days. On a 3rd or subsequent conviction, the court will order a criminal forfeiture of your car to the State. It should be noted that the immobilization and forfeiture provisions are generally only applicable if the car you were driving is registered in your name. However, driving someone else's car while under suspension could expose that person to criminal liability for permitting you to drive (wrongful entrustment), which exposes them to immobilization and/or forfeiture penalties under a separate statute.
However, our expertise in Ohio traffic law defense can save you months in jail and thousands of dollars in fines. Take a moment to learn more about what we can do for you.
If you would like to discuss your legal options, contact us online or call us at (216) 685-9991 to set up a FREE consultation.
Criminal Defense
The Skolnick Law Firm, LLC represents clients facing misdemeanor and felony charges in state and federal courts throughout Ohio and areas of practice include:
Bail and Bond Proceedings - signature bonds, cash bail, and pretrial release
Domestic Violence - domestic abuse, domestic violence, and stalking
Drugs & Narcotics - drug possession, manufacturing, cultivation, and trafficking
Drunk Driving & DUI-DWI - alcohol-related driving offenses & DMV hearings
Expungement - sealing records regarding an arrest or criminal conviction
Firearms and Gun Offenses - assault weapons, concealed weapons, and gun sales
Juvenile Crimes and Juvenile Delinquency - gang activities, drugs, and runaways
Mental Health Cases - mental health and emotional issues
Pre-Charging Investigation - pre-arrest negotiation with police and prosecutors
Probation and Parole - revocation proceedings and post-conviction motions
Sex Offenses - sexual assault, domestic assault, rape, and other sex offenses
Theft and Property Crimes - burglary, identity theft, and receipt of stolen property
Three Strikes Cases - prior convictions and repeat offenders
Violent Crimes - robbery, homicide, murder, manslaughter, and terrorist threats
White Collar Crimes - bribery, extortion, counterfeiting, and embezzlement
The Ohio criminal defense lawyers at The Skolnick Law Firm, LLC have the necessary experience to vigorously defend any criminal charges brought against you and have successfully done so for many clients in your situation.
If you would like to discuss your legal options, contact us online or call us at (216) 685-9991 to set up a FREE consultation.
Bail and Bond Proceedings - signature bonds, cash bail, and pretrial release
Domestic Violence - domestic abuse, domestic violence, and stalking
Drugs & Narcotics - drug possession, manufacturing, cultivation, and trafficking
Drunk Driving & DUI-DWI - alcohol-related driving offenses & DMV hearings
Expungement - sealing records regarding an arrest or criminal conviction
Firearms and Gun Offenses - assault weapons, concealed weapons, and gun sales
Juvenile Crimes and Juvenile Delinquency - gang activities, drugs, and runaways
Mental Health Cases - mental health and emotional issues
Pre-Charging Investigation - pre-arrest negotiation with police and prosecutors
Probation and Parole - revocation proceedings and post-conviction motions
Sex Offenses - sexual assault, domestic assault, rape, and other sex offenses
Theft and Property Crimes - burglary, identity theft, and receipt of stolen property
Three Strikes Cases - prior convictions and repeat offenders
Violent Crimes - robbery, homicide, murder, manslaughter, and terrorist threats
White Collar Crimes - bribery, extortion, counterfeiting, and embezzlement
The Ohio criminal defense lawyers at The Skolnick Law Firm, LLC have the necessary experience to vigorously defend any criminal charges brought against you and have successfully done so for many clients in your situation.
If you would like to discuss your legal options, contact us online or call us at (216) 685-9991 to set up a FREE consultation.
Workers' Compensation
Have you been injured in a work related accident?
If so, our experienced Ohio workers’ compensation attorneys will work tirelessly to help you obtain the maximum Ohio workers’ compensation benefits available. We understand the impact a workplace injury can have on you and your family. Don’t handle your workers’ compensation claim or appeal alone – contact The Skolnick Law Firm, LLC today.
Our firm understands that on-the-job injuries can happen in any workplace. Whether a work-related injury keeps you off the job for a few weeks, a few months, or for an extended period of rehabilitation, workers’ compensation benefits may be available to help pay for your medical care; support your family while you cannot work; and cover attendant care, medical equipment, and rehabilitation. At The Skolnick Law Firm, LLC , we have committed our practice to protecting injured workers’ rights. If you’ve been hurt on the job, you may be entitled to necessary medical care and treatment for your injuries. Our team of lawyers fights hard to obtain the workers’ compensation benefits you deserve.
Our lawyers have the skill and experience needed to handle workers’ compensation claims involving a wide variety of injuries and accidents, including:
Construction Accidents
Heavy Machinery
Manufacturing Equipment
Scaffolding
Ladders
Power Tools
Falls
Heavy Lifting
Auto Accidents
Repetitive Stress Injury (Such as Carpal Tunnel)
Neck Injury
Brain / Head Injury
Spinal Cord Injury
Broken Bones
Sprains
Back Injury / Back Strain
Amputation
Cuts
Burns
Paralysis
And Much More
25% fee applies to workers' compensation temporary total disability award only.
If you would like to discuss your legal options, contact us online or call us at (216) 685-9991 to set up a FREE consultation
If so, our experienced Ohio workers’ compensation attorneys will work tirelessly to help you obtain the maximum Ohio workers’ compensation benefits available. We understand the impact a workplace injury can have on you and your family. Don’t handle your workers’ compensation claim or appeal alone – contact The Skolnick Law Firm, LLC today.
Our firm understands that on-the-job injuries can happen in any workplace. Whether a work-related injury keeps you off the job for a few weeks, a few months, or for an extended period of rehabilitation, workers’ compensation benefits may be available to help pay for your medical care; support your family while you cannot work; and cover attendant care, medical equipment, and rehabilitation. At The Skolnick Law Firm, LLC , we have committed our practice to protecting injured workers’ rights. If you’ve been hurt on the job, you may be entitled to necessary medical care and treatment for your injuries. Our team of lawyers fights hard to obtain the workers’ compensation benefits you deserve.
Our lawyers have the skill and experience needed to handle workers’ compensation claims involving a wide variety of injuries and accidents, including:
Construction Accidents
Heavy Machinery
Manufacturing Equipment
Scaffolding
Ladders
Power Tools
Falls
Heavy Lifting
Auto Accidents
Repetitive Stress Injury (Such as Carpal Tunnel)
Neck Injury
Brain / Head Injury
Spinal Cord Injury
Broken Bones
Sprains
Back Injury / Back Strain
Amputation
Cuts
Burns
Paralysis
And Much More
25% fee applies to workers' compensation temporary total disability award only.
If you would like to discuss your legal options, contact us online or call us at (216) 685-9991 to set up a FREE consultation
Nursing Home Negligence
A Nursing Abuse Lawyer can help pursue your Nursing Home Dispute in Cleveland and across Ohio
Nursing home negligence occurs when a nursing home facility has failed to provide residents with quality care that meets the required standards due to negligence and/or abuse. The rights of an individual should not be ignored simply because that person is of the age and health that requires admission into an assisted living facility. When we place our older loved ones in a nursing home facility, we expect they will be given the care they need and be treated with respect.
Nursing home negligence has become an increasingly alarming concern for many Americans. Both the federal and state governments have introduced legislation to protect nursing home residents from neglect, mistreatment and abuse. Nursing home negligence and/or abuse may involve physical violence or aggressive treatment, inadequate supervision or failure to give proper care. These actions may result in serious injury, illness, or death. An Ohio nursing home negligence lawyer can help you file a nursing home negligence claim in order to help you receive compensation and to make the nursing home facility safer for other patients.
The Skolnick Law Firm, LLC can help you file a wide range of nursing home negligence claims including those involving:
Malnutrition
Dehydration
Slips and Falls
Bed Sores
Abuse
And others
If you feel that you or a loved may have suffered from nursing home negligence, you may be eligible to recover your losses for pain and suffering, serious injury, death, loss of income capacity, and medical bills. Contact The Skolnick Law Firm, LLC for more information about your rights.
If you suspect that nursing home negligence may have caused injury to you or a loved one, The Skolnick Law Firm, LLC would like to investigate your allegations of negligence. The Skolnick Law Firm, LLC and his team employ a detailed and aggressive approach to investigating and prosecuting injuries from negligent care.
If you would like to discuss your legal options, contact us online or call us at (216) 685-9991 to set up a FREE consultation
Nursing home negligence occurs when a nursing home facility has failed to provide residents with quality care that meets the required standards due to negligence and/or abuse. The rights of an individual should not be ignored simply because that person is of the age and health that requires admission into an assisted living facility. When we place our older loved ones in a nursing home facility, we expect they will be given the care they need and be treated with respect.
Nursing home negligence has become an increasingly alarming concern for many Americans. Both the federal and state governments have introduced legislation to protect nursing home residents from neglect, mistreatment and abuse. Nursing home negligence and/or abuse may involve physical violence or aggressive treatment, inadequate supervision or failure to give proper care. These actions may result in serious injury, illness, or death. An Ohio nursing home negligence lawyer can help you file a nursing home negligence claim in order to help you receive compensation and to make the nursing home facility safer for other patients.
The Skolnick Law Firm, LLC can help you file a wide range of nursing home negligence claims including those involving:
Malnutrition
Dehydration
Slips and Falls
Bed Sores
Abuse
And others
If you feel that you or a loved may have suffered from nursing home negligence, you may be eligible to recover your losses for pain and suffering, serious injury, death, loss of income capacity, and medical bills. Contact The Skolnick Law Firm, LLC for more information about your rights.
If you suspect that nursing home negligence may have caused injury to you or a loved one, The Skolnick Law Firm, LLC would like to investigate your allegations of negligence. The Skolnick Law Firm, LLC and his team employ a detailed and aggressive approach to investigating and prosecuting injuries from negligent care.
If you would like to discuss your legal options, contact us online or call us at (216) 685-9991 to set up a FREE consultation
Medical Malpractice
Medical malpractice takes place when a patient is injured because a doctor has wrongfully diagnosed or improperly treated that patient's medical condition. For example, malpractice might have occurred if a doctor failed to prescribe a certain type of medication or a hospital's staff neglected to perform a specific battery of tests in order to make a complete patient evaluation. It is important to note, however, that just because a person was injured does not mean that a medical malpractice error has occurred. Although in certain instances, the medical error is clearly evident, in most cases there are complicated medical issues that need to be completely evaluated before determining whether medical malpractice occurred.
This is why it is important that you speak with an experienced medical malpractice lawyer who understands this particular field, can identify whether you have a malpractice claim, and is able to represent you in a manner that ensures you obtain the most successful outcome for your case. Everyone makes mistakes. However, when a doctor or hospital makes a mistake it can have catastrophic results. As insurance companies and health maintenance organizations (HMO) increasingly pressure doctors to treat patients faster and cheaper, medical negligence has become an increasing problem. At The Skolnick Law Firm, LLC, we have extensive experience representing people injured as a result of medical negligence.
Experienced Medical Negligence Attorneys
The increased drive for profits in the medical industry often creates a situation where people seeking medical treatment are dehumanized. Our attorneys are committed to providing comprehensive legal advice and representation to individuals and families that have suffered adverse medical outcomes as a result of this lack of time, attention and care.
Our attorneys have successfully handled a wide range of medical negligence cases. We routinely partner with some of the nations leading medical professionals to present and prove our cares. Our lawyers are prepared to investigate and litigate a wide range of medical malpractice cases including:
Birth And Brain Injuries
Misdiagnosis Of Cancer
Surgical Errors
Medication Errors
Stroke Misdiagnosis
Hospital Infections
Other Medical Malpractice
At The Skolnick Law Firm, LLC, we have the skill, experience and resources required to handle complex medical negligence cases from the initial investigation, through settlement negotiations and, when necessary, trial. We offer a free initial consultation and handle all medical negligence cases on a contingency basis. However, due to our diligence in these cases, we are selective in the cases we accept.
If you would like to discuss your legal options, contact us online or call us at (216) 685-9991 to set up a FREE consultation.
This is why it is important that you speak with an experienced medical malpractice lawyer who understands this particular field, can identify whether you have a malpractice claim, and is able to represent you in a manner that ensures you obtain the most successful outcome for your case. Everyone makes mistakes. However, when a doctor or hospital makes a mistake it can have catastrophic results. As insurance companies and health maintenance organizations (HMO) increasingly pressure doctors to treat patients faster and cheaper, medical negligence has become an increasing problem. At The Skolnick Law Firm, LLC, we have extensive experience representing people injured as a result of medical negligence.
Experienced Medical Negligence Attorneys
The increased drive for profits in the medical industry often creates a situation where people seeking medical treatment are dehumanized. Our attorneys are committed to providing comprehensive legal advice and representation to individuals and families that have suffered adverse medical outcomes as a result of this lack of time, attention and care.
Our attorneys have successfully handled a wide range of medical negligence cases. We routinely partner with some of the nations leading medical professionals to present and prove our cares. Our lawyers are prepared to investigate and litigate a wide range of medical malpractice cases including:
Birth And Brain Injuries
Misdiagnosis Of Cancer
Surgical Errors
Medication Errors
Stroke Misdiagnosis
Hospital Infections
Other Medical Malpractice
At The Skolnick Law Firm, LLC, we have the skill, experience and resources required to handle complex medical negligence cases from the initial investigation, through settlement negotiations and, when necessary, trial. We offer a free initial consultation and handle all medical negligence cases on a contingency basis. However, due to our diligence in these cases, we are selective in the cases we accept.
If you would like to discuss your legal options, contact us online or call us at (216) 685-9991 to set up a FREE consultation.
Motor Vehicle Accidents
Whereas some very simple and straightforward motor vehicle accident claims may be more economically handled by the injured persons themselves, the majority of claims will involve complexities that are not obvious to the average person and which may significantly affect the value of their claims.
Since an initial case consultation and evaluation of your personal injury claim by The Skolnick Law Firm, LLC is free of charge you have nothing to lose and everything to gain by having us review your claim. Even if we are unable to take your case, we may be able to provide you with valuable tips for resolving your claim yourself or refer you to an experienced attorney who can give you additional help. A typical Motor Vehicle Personal Injury Case will include some or all of the following stages:
The Incident
At-Scene Investigation
Insurance Company Investigation
Attorney Investigation
The Insurance Claim
Contacting and Cooperating with Your Own Insurance Company
Contacting The Negligent Person's Insurance Company
The Settlement Demand
The Lawsuit
When, Why and Where to File a Lawsuit
Court Rules and Requirements
Discovery
Arbitration/Mediation
Trial
A personal injury case usually begins as a claim brought against the negligent person's insurance coverage (or if none is available, against the injured party's uninsured motorist coverage), or against the internal claims-handling offices of self-insured governmental or corporate entities. The resolution of a personal injury case, even at this early claims stage, is often a complex and legally complicated process, and includes:
Determining who specifically may assert the claim.
Determining the nature, proof and legal valuation of their injuries.
Preparing and filing all necessary paperwork to establish the claim.
Protecting against the expiration of a claim due to the passage of a statute of limitations.
Collecting and presenting evidence of the negligent party's responsibility.
Presenting and negotiating formal settlement demands.
Preparing and filing a formal lawsuit, if necessary, to preserve the injured party's legal rights.
If it becomes necessary for a formal lawsuit to be filed, then the personal injury case may also come to require:
Preparing and filing with court of all documents required by local and state rules.
Establishing a strategy for exchanging evidence through the process of discovery.
Participating in mediation or court-ordered arbitration.
Negotiating with insurance adjusters and defense attorneys for fair settlement of the lawsuit.
If necessary, preparing for and conducting a trial of the injured person's claim.
Securing payment of any negotiated settlement, binding award or jury verdict.
The People/Parties Involved in a Personal Injury Claim
The Parties: The "parties" to the case include the persons who were actually injured and have a right to bring a personal injury claim, as well as any of the injured person’s relatives who may also have a right to bring a claim. Prior to the filing of a lawsuit, these people are referred to as the "claimants," and they become the "plaintiffs" when and if a lawsuit is filed in court. On the other side are the persons who directly caused the injuries, and sometimes the people/corporations/governments who employed the persons who caused the injuries, who owned the vehicles that caused injury, or who owned or controlled the property where the injuries occurred. These persons are generally referred to as the "insureds" in an insurance claim -- that is, they are the people and entities against whose insurance policies the claim is being submitted. If a lawsuit is filed in court, these will become the "defendants." An important role played by a personal injury attorney is determining all the potential parties in a case. If a claimant is left out, then his/her rights to recover may be permanently lost. If a defendant is left out, then a potential source of settlement funds may be overlooked.
The Adjustors and Attorneys: As soon as an accident injury is reported to an insurance company, an "adjuster" (also called a "claims adjustor") will be assigned to handle the claim. The adjustor is usually (but not always) a direct employee of the insurance company. If more than one insurance company is involved in a single incident, then each and every insurance company will have at least one adjustor assigned to the matter. An injured person should seek the advice of a "personal injury attorney" regarding any claims they may have the right to make, and if the attorney is formally retained, he/she becomes the legal representative of the claimant(s). If it becomes necessary to file a lawsuit in court and the defendants are served with the legal papers, then they or their insurance company will arrange to hire a "defense attorney" (also known as an "insurance defense attorney") to represent them.
The Legal Team: No attorney is an island, no attorney can handle every aspect of a client's case, and no attorney is an expert in everything. That's why a good legal team will frequently include private investigators to search out witnesses and physical facts, paralegals to handle the day-to-day paperwork and legal details in a case, and consultants and experts to sort out complicated medical, engineering, and economic information. Since every claim is unique, the specific members of the legal team who are needed will vary from case to case. Selecting those team members who will best serve a particular client's interests is a primary duty of the personal injury attorney.
If you would like to discuss your legal options, contact us online or call us at (216) 685-9991 to set up a FREE consultation.
Since an initial case consultation and evaluation of your personal injury claim by The Skolnick Law Firm, LLC is free of charge you have nothing to lose and everything to gain by having us review your claim. Even if we are unable to take your case, we may be able to provide you with valuable tips for resolving your claim yourself or refer you to an experienced attorney who can give you additional help. A typical Motor Vehicle Personal Injury Case will include some or all of the following stages:
The Incident
At-Scene Investigation
Insurance Company Investigation
Attorney Investigation
The Insurance Claim
Contacting and Cooperating with Your Own Insurance Company
Contacting The Negligent Person's Insurance Company
The Settlement Demand
The Lawsuit
When, Why and Where to File a Lawsuit
Court Rules and Requirements
Discovery
Arbitration/Mediation
Trial
A personal injury case usually begins as a claim brought against the negligent person's insurance coverage (or if none is available, against the injured party's uninsured motorist coverage), or against the internal claims-handling offices of self-insured governmental or corporate entities. The resolution of a personal injury case, even at this early claims stage, is often a complex and legally complicated process, and includes:
Determining who specifically may assert the claim.
Determining the nature, proof and legal valuation of their injuries.
Preparing and filing all necessary paperwork to establish the claim.
Protecting against the expiration of a claim due to the passage of a statute of limitations.
Collecting and presenting evidence of the negligent party's responsibility.
Presenting and negotiating formal settlement demands.
Preparing and filing a formal lawsuit, if necessary, to preserve the injured party's legal rights.
If it becomes necessary for a formal lawsuit to be filed, then the personal injury case may also come to require:
Preparing and filing with court of all documents required by local and state rules.
Establishing a strategy for exchanging evidence through the process of discovery.
Participating in mediation or court-ordered arbitration.
Negotiating with insurance adjusters and defense attorneys for fair settlement of the lawsuit.
If necessary, preparing for and conducting a trial of the injured person's claim.
Securing payment of any negotiated settlement, binding award or jury verdict.
The People/Parties Involved in a Personal Injury Claim
The Parties: The "parties" to the case include the persons who were actually injured and have a right to bring a personal injury claim, as well as any of the injured person’s relatives who may also have a right to bring a claim. Prior to the filing of a lawsuit, these people are referred to as the "claimants," and they become the "plaintiffs" when and if a lawsuit is filed in court. On the other side are the persons who directly caused the injuries, and sometimes the people/corporations/governments who employed the persons who caused the injuries, who owned the vehicles that caused injury, or who owned or controlled the property where the injuries occurred. These persons are generally referred to as the "insureds" in an insurance claim -- that is, they are the people and entities against whose insurance policies the claim is being submitted. If a lawsuit is filed in court, these will become the "defendants." An important role played by a personal injury attorney is determining all the potential parties in a case. If a claimant is left out, then his/her rights to recover may be permanently lost. If a defendant is left out, then a potential source of settlement funds may be overlooked.
The Adjustors and Attorneys: As soon as an accident injury is reported to an insurance company, an "adjuster" (also called a "claims adjustor") will be assigned to handle the claim. The adjustor is usually (but not always) a direct employee of the insurance company. If more than one insurance company is involved in a single incident, then each and every insurance company will have at least one adjustor assigned to the matter. An injured person should seek the advice of a "personal injury attorney" regarding any claims they may have the right to make, and if the attorney is formally retained, he/she becomes the legal representative of the claimant(s). If it becomes necessary to file a lawsuit in court and the defendants are served with the legal papers, then they or their insurance company will arrange to hire a "defense attorney" (also known as an "insurance defense attorney") to represent them.
The Legal Team: No attorney is an island, no attorney can handle every aspect of a client's case, and no attorney is an expert in everything. That's why a good legal team will frequently include private investigators to search out witnesses and physical facts, paralegals to handle the day-to-day paperwork and legal details in a case, and consultants and experts to sort out complicated medical, engineering, and economic information. Since every claim is unique, the specific members of the legal team who are needed will vary from case to case. Selecting those team members who will best serve a particular client's interests is a primary duty of the personal injury attorney.
If you would like to discuss your legal options, contact us online or call us at (216) 685-9991 to set up a FREE consultation.
Legal Disclaimer
This blog contains general information about The Skolnick Law Firm, LLC and matters of interest. This site is not an invitation for any attorney-client relationship and you must not rely on the information on this site for any legal purpose, because it may not be applicable to your situation and may not reflect current legal developments.
The Skolnick Law Firm, LLC disclaims all liability in respect to actions taken or not taken based on any information or links on this blog. The Skolnick Law Firm, LLC provides legal advice only to individuals or entities with which it has already established an attorney-client relationship, and our advice is based on the particular facts and circumstances of each individual matter. You must not and should not rely on the information and links in this site to guide your decision making or to act or refrain from acting as to any legal matter. You should seek personal and individualized legal counsel from an attorney licensed in your state. We welcome your comments and questions, but any e-mail or other communication sent to The Skolnick Law Firm, LLC or its lawyers through this site will not create an attorney-client relationship and will not be treated as confidential.
In connection with outside links on our site, please note that we are not affiliated with any of the organizations or people who have links here, we have not confirmed and do not vouch for the information or services provided by the links, and we do not recommend that you use any of the links or the services or information available at those links. Just as our providing the link is not an endorsement by us of the linked company or person, you should not infer that the linked company or person endorses us because we provide the link. We provide the links solely because they may be of interest to those who visit here.
The Skolnick Law Firm, LLC disclaims all liability in respect to actions taken or not taken based on any information or links on this blog. The Skolnick Law Firm, LLC provides legal advice only to individuals or entities with which it has already established an attorney-client relationship, and our advice is based on the particular facts and circumstances of each individual matter. You must not and should not rely on the information and links in this site to guide your decision making or to act or refrain from acting as to any legal matter. You should seek personal and individualized legal counsel from an attorney licensed in your state. We welcome your comments and questions, but any e-mail or other communication sent to The Skolnick Law Firm, LLC or its lawyers through this site will not create an attorney-client relationship and will not be treated as confidential.
In connection with outside links on our site, please note that we are not affiliated with any of the organizations or people who have links here, we have not confirmed and do not vouch for the information or services provided by the links, and we do not recommend that you use any of the links or the services or information available at those links. Just as our providing the link is not an endorsement by us of the linked company or person, you should not infer that the linked company or person endorses us because we provide the link. We provide the links solely because they may be of interest to those who visit here.
25% Fee
25% fee applies to all injury claims resolved prior to the filing of a lawsuit.
25% fee applies to workers’ compensation temporary total disability award only.
25 % legal fee is computed before deduction of costs and expenses.
25% fee applies to workers’ compensation temporary total disability award only.
25 % legal fee is computed before deduction of costs and expenses.
Profile
Bar Admissions:
Ohio, 1993U.S. District Court, 1994U.S. Court of Appeals 6th Circuit, 1997U.S. Supreme Court, 1997
Education:
Cleveland State University, Cleveland-Marshall College of Law, Cleveland OhioJ.D.
Ohio State University, Columbus, OhioB.S. Biological Science
Professional Associations and Memberships:
Ohio State Bar AssociationOhio Academy of Trial Lawyers
Howard E. Skolnick graduated from the Ohio State University, and went on to earn his Juris Doctorate Degree from the Cleveland-Marshall College of Law. During his tenure as a law student, he clerked for prominent civil and criminal litigation firms, developing a deep passion for trial advocacy. For the past 15 years, Howard has vigorously represented seriously-injured clients in both State and Federal Courts litigating cases involving complex medical malpractice, nursing home abuse, products liability, motor vehicle crashes, uninsured and underinsured motorists, slip and fall injuries, bad-faith litigation against insurance companies, animal and dog bites, boating and water accidents, pedestrian accidents as well as a multitude of other causes of action. A truly caring and passionate person, Howard’s magnetic personality coupled with his vast knowledge of the law has won the hearts of jurors time and time again.
Ohio, 1993U.S. District Court, 1994U.S. Court of Appeals 6th Circuit, 1997U.S. Supreme Court, 1997
Education:
Cleveland State University, Cleveland-Marshall College of Law, Cleveland OhioJ.D.
Ohio State University, Columbus, OhioB.S. Biological Science
Professional Associations and Memberships:
Ohio State Bar AssociationOhio Academy of Trial Lawyers
Howard E. Skolnick graduated from the Ohio State University, and went on to earn his Juris Doctorate Degree from the Cleveland-Marshall College of Law. During his tenure as a law student, he clerked for prominent civil and criminal litigation firms, developing a deep passion for trial advocacy. For the past 15 years, Howard has vigorously represented seriously-injured clients in both State and Federal Courts litigating cases involving complex medical malpractice, nursing home abuse, products liability, motor vehicle crashes, uninsured and underinsured motorists, slip and fall injuries, bad-faith litigation against insurance companies, animal and dog bites, boating and water accidents, pedestrian accidents as well as a multitude of other causes of action. A truly caring and passionate person, Howard’s magnetic personality coupled with his vast knowledge of the law has won the hearts of jurors time and time again.
About Us
At The Skolnick Law Firm, LLC, our mission is to provide quality legal support and counsel to our clients. We have a reputation for thoroughness and preparedness that is widely recognized and respected in the legal community. We work together, with the client, to achieve the most successful client outcome. Our attorneys are committed, experienced lawyers who take our responsibilities seriously, knowing that the results we achieve for our client will have lasting impact on their lives.
We assist our clients in the following practice areas: Motor Vehicle Accidents, Medical Malpractice, Nursing Home Negligence, Workers’ Compensation, Product Liability, Criminal Defense and Traffic Defense.
Our commitment to excellent representation includes:
Giving our clients the attention they deserve.
Explaining all options to help you make an informed decision.
Giving you as much time as you need to speak with us.
Keeping you informed about the status of your case.
Maintaining client confidence.
Looking out for our clients’ immediate needs and long term interests.
Prompt return of phone calls.
We emphasize communication with our clients, persistent advocacy, and attention to all aspects of their case. Regardless of the size of the case, our commitment is to obtain a just result for each of our clients.
We are sensitive to the rich traditions of the legal profession and our community, and we are dedicated to providing our clients with professional service along with vigorous advocacy of their interests. We strive to balance client interests with important individual and community values. It is something we work very hard to achieve.
We assist our clients in the following practice areas: Motor Vehicle Accidents, Medical Malpractice, Nursing Home Negligence, Workers’ Compensation, Product Liability, Criminal Defense and Traffic Defense.
Our commitment to excellent representation includes:
Giving our clients the attention they deserve.
Explaining all options to help you make an informed decision.
Giving you as much time as you need to speak with us.
Keeping you informed about the status of your case.
Maintaining client confidence.
Looking out for our clients’ immediate needs and long term interests.
Prompt return of phone calls.
We emphasize communication with our clients, persistent advocacy, and attention to all aspects of their case. Regardless of the size of the case, our commitment is to obtain a just result for each of our clients.
We are sensitive to the rich traditions of the legal profession and our community, and we are dedicated to providing our clients with professional service along with vigorous advocacy of their interests. We strive to balance client interests with important individual and community values. It is something we work very hard to achieve.
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