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Ohio Legal Issues Blog

Medical Authorizations

Most Americans are aware of HIPPA regulations and the fact that our medical records are protected by law as private. A person or corporation needs a medical authorization to gain access to a medical record.

Injury claims - why does the insurance company get a medical authorization?

Insurance companies will almost always request a blanket medical authorization when evaluating your injury claim. If you sign a blanket authorization, the carrier will request ALL of your medical records, going back many years, even for treatment that has nothing to do with your claim. This is an insurance defense tactic to shame, embarrass, and harass injury victims. 

A Lesson Learned: The Importance of Hiring an Injury Attorney

Recently, a gentleman called our office because his wife had fractured her arm in a boating accident. He said that he and his wife made a claim with Progressive Insurance Company and were assured by the Progressive adjuster that a fair settlement could be reached without the need for attorneys to be involved. Ultimately, Progressive offered to pay $5,000 for medical bills and 50,000 for her pain and suffering. He and his wife felt that the offer was fair, settled the claim with Progressive and signed paperwork releasing Progressive and the at fault person for any future claims.

Unfortunately, his wife's health insurance company paid $100,000 in medical bills and demanded to be paid out of the settlement proceeds. Progressive did not inform the man and his wife of their obligations to pay the health insurance company out of the settlement. The law in Ohio requires repayment of medical bills from settlements. Sadly, these people had already signed a settlement release which precluded their ability to obtain more money from Progressive to satisfy the health insurance company's lien. 

Ohio Amusement Park Attorneys

We all love summer and the joy and thrill of amusement parks. Occasionally parks do not take the appropriate measures to keep patrons safe. That's where we come in. We have successfully handled numerous claims throughout Ohio against amusement parks. We hope that our work has helped lessen the impact of injury for impacted families and improved the safety at parks. 

Trip And Fall Verdict: $3 Million

A sixty-nine-year-old woman, Lynda Sadowski, suffered a broken knee cap resulting in surgery after falling on a knocked down wet floor sign laying flat on a multi-colored floor inside of a Casino buffet. Surveillance video confirmed that, during the 90 seconds before Lynda fell, multiple other customers had run into the sign as they were distracted by a brightly lit dessert display while also trying to avoid walking into other patrons. The video also captured a casino employee walking by the sign, without picking it up, eleven seconds before Lynda fell. It was the Casino's position that the fall was solely Lynda's fault as the sign was an open and obvious danger.

The following is a step-by-step analysis showing how we helped a courageous woman after she suffered a life altering injury. 

Truck Settlement: $3 Million Insurance Policy Limit For Local Family After Tragic Loss

A six-year-old boy, Eli, was run over and killed in Kentucky by a landscape truck. The truck was traveling 23 mph on a 25 mph street. The entire incident was captured on a nearby surveillance video.

The following is a step-by-step analysis showing how we helped the local family after the horrific loss. We were able to recover $3,000,000.00 which was the maximum insurance policy limit, without the need for a trial.

 

Dangers of Amusement Parks

Many of us love the thrill of the highs and lows of the amusement parks, carnivals, fairs or water parks. We love the rush of excitement we experience on every ride. But, do we think of the dangers or safety? Most of us do not. We assume regulations and standards are in place. 

Marijuana Decriminalization in Cincinnati: The Unanswered Questions

This month, City Council voted to decriminalize marijuana possession in Cincinnati for individuals who possess up to 100 grams. But does this mean people can light up a joint within the city limits? Not so fast.

Possession Remains an Offense in Ohio Revised Code

First, under the Ohio Revised Code, an individual still faces a minor misdemeanor for possessing any amount of marijuana. Ohio Revised Code 2925.11 explicitly prohibits the possession of any amount of marijuana. A law enforcement officer, including a Cincinnati Police Officer, Hamilton County Sheriff Deputy, or Ohio State Highway Patrol officer, can cite a person possessing under 100 grams of marijuana under the Ohio Revised Code. If convicted, the individual faces no jail time, but up to a $150 fine, a driver's license suspension ranging from six months to five years, and a conviction of record. 

Mount Carmel Hospital Lawsuits: What amount is a reasonable settlement?

Former critical care doctor, William Husel, was recently charged with murder for causing the deaths of twenty-five patients at Mount Carmel Hospital in Columbus, Ohio. Husel plead not guilty and the criminal case remains pending.

Lawsuits - $4.5 million aggregate paid

Numerous families for the patients who were given excessive pain pill doses brought civil actions for the loss of loved ones. Media outlets report that settlements range from $200,000 to $700,000 and total settlement in aggregate is $4.5 million to-date. 

Double Jeopardy

When most Americans hear the phrase "double jeopardy" it usually brings to mind one of two scenarios: 1) a chance for a contestant to score big on the TV gameshow "Jeopardy!", or 2) the idea that you cannot be tried twice for the same crime. While recently the former has been getting a lot of attention in the news, the United States Supreme Court had an opportunity to provide very important insight into the latter.

The Double Jeopardy Clause of the Fifth Amendment protects individuals from being tried twice for the same offense. For example, if a criminal defendant is acquitted for stealing a stereo out of a car, the State does not get to call a mulligan and put the defendant back on trial a second time. In short, the State cannot keep trying a defendant for the same crime over and over again until it gets a conviction. 

College Sexual Assault Accusations: Title IX Pivot Point

Consent

Title IX sexual misconduct investigations and hearings typically focus on whether consent was provided for any sexual contact or sexual activity that occurred. However, most Title IX investigations on college campuses are not investigating force-based sexual assaults. In other words, the cases do not involve allegations that physical force was used by one person to overcome the will of the other person.

Force not needed

Nonconsensual sexual contact or sexual activity is any contact or activity that occurred without verbal or nonverbal consent given immediately prior to the contact or activity-it is not limited to the use of force. Consent can be withdrawn at any time by either party. A person may be legally unable to provide consent-even if the person uses words or nonverbal acts to indicate consent has been provided-if, for example, that person is coerced into providing consent or is too intoxicated to provide consent. 

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