Lorain Law Firm Serving All of Ohio

The law firm of Miraldi & Barrett is dedicated to helping victims of car accidents, wrongful death, and personal injury claims.
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  • Ohio Legislature Caps Damages in Claims for Medical Malpractice A person injured due to medical malpractice is limited in recovering harms and losses for pain and suffering and other non-economic losses.
  • Doctor's Own Medical History Not Protected By Physician-Patient Privilege The Ohio Supreme Court recently held that a surgeon cannot use the physician-patient privilege to shield himself from questions in deposition that seek to determine whether he had Hepatitis B at the time of the surgery with the complaining patient.
  • Physician Who Was Professor at State University ImmuneFrom Lawsuit Surgeon who was a medical professor at a state university medical school was immune from a medical negligence lawsuit when a resident observed the surgery involving the plaintiff. The court ruled that state employees are immune from lawsuits in state courts and the court of claims absent a finding of malicious purpose, bad faith, or wanton or reckless conduct.
  • Ohio Supreme Court Limits Inference of Negligence in Malpractice Cases The Ohio Supreme Court has limited the use of the doctrine of res ipsa loquitur in medical malpractice cases. Even if the plaintiff presents evidence that the patient would not have been injured unless negligence occurred, the inference of negligence through res ipsa loquitur will not be presented to the jury when the defendant presents some evidence that the injury may have occurred due to some non-negligent reason.
  • Lorain County Jury Awards $1,250,000 Ben Barrett Sr. represented a Lorain County woman who claimed that she was injured due to the negligence of her family doctor and other medical providers by their failure to timely diagnose a blood clot in her hand.