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May 2015 Archives

Why cellphones should be kept out of the OR

In our age of instant communication, few groups have benefited more from cellphones than doctors. Yes, pagers are still widely used, but often a quick text or a phone call can say a lot more than a message on a pager can. While there are innumerable benefits of doctors carrying cellphones, there are also drawbacks -- and not the obvious one, it being a distraction. Rather, doctors could be causing their patients to become sicker by carrying their phones around the hospital, especially in the operating room.

There are myriads of ways to become a medical malpractice victim

Not long ago there used to be a television series titled, "A Thousand Ways to Die". It featured allegedly true stories of people who met their ends in unpredictable and often bizarre ways. Aside from its ghoulish entertainment value, the series was a reminder that sometimes events can occur that you have no way of preparing for, and which can have enormous long-term consequences.

Medical Malpractice Verdict

Verdict: $507,667.00. Medical Malpractice. Plaintiff Michael Sharrett, a 61-year-old truck driver, was a patient of Defendant Cy D. Young, D.O. of Defendant Maplewood Clinic, Inc. Beginning in late 2007, Mr. Sharrett began complaining to Dr. Young that his abdomen was expanding and he felt a sense of fullness. Dr. Young allegedly attributed Mr. Sharrett's complaints to "middle age spread" and did not seek further evaluation. Mr. Sharrett continued to complain and, in December of 2009, Dr. Young referred Mr. Sharrett to an urologist who diagnosed him with chronic kidney disease and enlarged prostate with hydronephrosis (a distention and dilation of the kidney due to urine obstruction resulting in a two liter accumulation of urine in his bladder). Mr. Sharrett developed bladder retention and an atonic bladder, which is an irreversible condition that requires self-catheterization three to four times per day. He sued Dr. Young alleging that he failed to timely evaluate, diagnose and treat his condition. Mr. Sharrett also alleged that Dr. Young added information to his medical records relating to a referral which was allegedly refused by Mr. Sharrett. Dr. Young disputed Mr. Sharrett's allegations that he breached the standard of care and asserted that Mr. Sharrett's condition was neither caused nor worsened by anything Dr. Young did or failed to do. The jury found in favor of Mr. Sharrett and awarded him $482,667.00 in compensatory damages and awarded his wife, Plaintiff Kimberly Sharrett $25,000.00 for loss of consortium. Dr. Young gave his insurer (The Doctor's Company) consent to settle after his cross-examination. The parties subsequently reached a high-low agreement. However, the verdict did not exceed the high agreed upon. Medical Specials: $15,000.00. Length of Trial: 5 days. Plaintiff's Expert: Arnold Melman, M.D. (urology) and Jerome Daniel, M.D. (family medicine). Defendant's Expert: William Giannakopoulos, M.D. (urology) and Michael Yaffe, M.D. (internal medicine). Last Settlement Demand: $350,000.00. Last Settlement Offer: $0. Plaintiff's Counsel: David Shroyer and Eleni Drakatos. Defendant's Counsel: Gary Hammond. Judge Reece. Case Caption: Michael Sharrett, et al. v. Cy D. Young, D.O., et al. Case No. 11 CV 594 (2013).

Why do an investigation in an accident caused by a drunk driver?

A Franklin County resident who receives serious injuries in an accident with a drunk driver might wrongly assume that the law automatically imposes liability on the intoxicated driver. Depending on the circumstances surrounding how the accident happened, Ohio negligence laws may or may not impose liability on drunk driver.

Punitive damages under Ohio product liability law

As a general rule, an action for products liability in Ohio based on the defective design or manufacture of a product or actionable misrepresentations made about a product can seek compensatory damages for injuries or damage or destruction to property (other than the defective product itself). Although products liability law in Ohio is governed by state statutes, its legal theory retains some of its common law concepts, including the possibility under some circumstances of recovering exemplary or "punitive" damages  in addition to compensatory ones.

Official investigation of increase in head-on collision rate

State officials in Ohio are searching to find the cause and a solution to the increasing frequency of deadly wrong-way car accident cases in Franklin County and elsewhere. Accidents that begin with one vehicle traveling in the wrong direction on divided highways have proven to be 100 times more deadly than other types of collisions.