MANSFIELD’S INJURY LAWYER

Wrongful Death

Who can file a wrongful death lawsuit in Ohio?

People make mistakes every day, and most of the time, someone's negligence or bad behavior will have consequences only for that one person. Sadly, some decisions, like the decision to drive drunk, could ripple out and affect other people negatively. If you find yourself in a situation where someone else directly caused the death of a person you love, you may find yourself wondering if you have the right to take action and seek justice for your loss. Wrongful death claims are a way to compensate the surviving loved ones of a person who loses their life to the misbehavior or negligence of...

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Can you claim for wrongful death due to prescription drug errors?

Your dad always warned you about the dangers of drugs. “Drugs kill,” he said. He didn’t mean those drugs, though, not the ones that were supposed to help him. Unless you went to medical school, you are probably not an expert on what each drug can and cannot do, and what dosage you need. That is why you visit a doctor or a pharmacist when you need medicine. When someone prescribes drugs these are some things they need to consider: Patient history: Just because a drug worked for your Uncle John, does not mean it was correct for your dad. Everyone is different. Dosage varies depending on weight...

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Wrongful death and prescription drugs: What you should know

Prescription drug abuse and misuse is a big problem. You only have to watch the news to realize that there's a national concern among government officials, medical professionals and individual communities about the epidemic of prescription drug addictions and deaths that they're seeing. Who is responsible when someone dies of a prescription drug overdose? Under the law, the answer is not very simple. Here are some possibilities: The drug manufacturer Product liability laws may be able to hold drug companies liable for some overdose deaths -- particularly when there's credible information...

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Ohio family sues state over wrongful death at convict’s hands

The murder of an Ohio State psychology major at the hands of a previously convicted sex offender and the subsequent trial captured the attention of most of the state in 2017. Now, the young woman's parents have initiated a lawsuit for her wrongful death. They say the state failed to correctly monitor the man convicted of her death while he was in a pre-release residential facility after his previous conviction for attempted rape. The man who kidnapped the young student as she headed home from work, then raped and killed her, had recently gained release from prison after serving six years for...

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Injuries and deaths on road crews

A lot of people say that the first sign of spring is not the robin -- it's road construction. A lot of road crews kick into high gear as soon as the bad weather starts to lift. Unfortunately, drivers are often unprepared for the sudden interruptions in their routes. The workers on the road crews may also be a little unprepared to face the hazards of their profession after a winter break. Both of those factors can lead to serious, even fatal, accidents. If your loved one is injured or killed while working on a road crew, you should be asking the following questions: Did he or she have the...

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Aviation accidents: Answers to top legal questions

Aviation accidents often make big news because they're relatively rare but almost always involve a tremendous loss of life. Because they're uncommon, many people don't know much about their legal rights after an aviation accident has claimed the life of their loved ones. If you've experienced this kind of heartbreaking loss, here are the answers to some of the most important questions you may have. Can you sue over the death of a loved one in an aviation accident? Quite often, yes. There will be a thorough investigation into the accident by the authorities to try to determine the cause of...

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What can you do to avoid a hospital-acquired infection?

Hospital-acquired infections (HAIs) are in the news a lot today -- so much so that it seems like there's a lot of safer places you can choose to go than a hospital. If you need surgery, have an accident or are suffering a serious illness, however, a hospital's the only choice. At that point, you need to do everything you can to make your stay a safe one. Given that one out of every 25 patients may have an HAI, and HAIs too often lead to wrongful deaths, that's no easy task. What can a patient do to stay safe from infection? Plenty! Follow this guide: Watch your treatment providers carefully...

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Doctors, hospitals have duty to protect the public

Wrongful death cases rely on the idea that someone's negligence -- a failure to uphold an obligation to take reasonable precautions against a specific danger -- led to someone else's death. Sometimes, it can be difficult to understand the defendant's legal obligation, or duty, to the deceased -- unless you understand the nuances of the law. For example, the estates of three homicide victims have filed a wrongful death suit against a Dayton-area hospital. The plaintiffs allege that the hospital failed in its duty to protect the public against someone who was clearly homicidal. Medical...

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Wrongful death and prescription errors

Prescription errors take place all the time -- and the results can range from the benign to total devastation and death. If you take any kind of medication, it's important to be aware of some specific dangers that you -- and those you may love -- face as a result: 1. Prescribing mistakes Doctors sometimes make mistakes that lead to fatal prescription complications. For example, a doctor who doesn't pay enough attention to a patient's chart could accidentally prescribe penicillin -- a common antibiotic -- to someone that's deathly allergic to it. Doctors also fail to exercise reasonable...

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Spouse of mentally-ill suicide victim seeks wrongful death claim

How mentally ill and obviously suicidal does an inmate have to be to get his or her jailers to take notice? That's the question being asked in a wrongful death lawsuit filed by the widow of an Ohio native who recently hung himself inside the Summit County jail. The man had an extensive mental health history and was charged with several serious crimes. Incarcerated for five months, the man received no mental health counseling even though the issue of his mental health status had been raised at pretrial consultations and he was scheduled for evaluations. In addition, the man had a history of...

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