Practice Areas
For several decades, F. Harrison Green Co., L.P.A. has represented those who have been seriously injured and the families of victims of wrongful death. Our firm is able to expertly evaluate medical injuries and pursue wrongful death claims. F. Harrison Green Co., L.P.A. provides sophisticated legal services for almost any type of injury.
A death caused by a negligent, careless, intentional or reckless act of another person or corporation is considered a wrongful death. In most states, if the death of a relative or spouse was caused by the wrongful act of another, surviving family members can file a wrongful death lawsuit against the negligent party or parties. In order to file a wrongful death claim, you must be able to prove that you will experience severe future emotional and financial hardship because of the loss of the negligent death.
The required elements for a successful case for wrongful death include:
- Death of person;
- That death was caused by the negligence of another;
- There are surviving family members who are monetarily suffering due to that death, and;
- There must be a personal representative appointed to bring the suit on behalf of the decedent's estate.
The laws regarding wrongful death cases are complex and include many facets of law. It is vital to surviving family members to seek the advice of experienced wrongful death lawyers to protect your rights and those of your loved ones.
In order to represent clients in the best possible manner, lawyers must have an understanding of the human anatomy and how it responds to an injury. Therefore, through experience and education, we are able to expertly evaluate injuries and successfully pursue claims on behalf of the families of victims of wrongful death.
While proving a physical, emotional, or cognitive injury can be difficult, our experienced and knowledgeable attorneys and staff are able to undertake difficult cases and prevail, convincing skeptics of the merits of a claim via credible, trustworthy evidence and objective test findings. We are committed to protecting our client's rights and has repeatedly demonstrated our ability to succeed in the most challenging and complex wrongful death cases.
Medical malpractice is currently the third leading cause of death in the United States. Approximately 200,000 people in the United States die each year due to mistakes by medical professionals and prescription errors, according to a recent report from the Journal of the American Medical Association (JAMA). It was reported that 12,000 deaths a year result from unnecessary surgery - 7000 from medication errors in hospitals - 20,000 deaths are caused by other hospital errors - 80,000 deaths a year from hospital born infections and 106,000 deaths a year from non-error, adverse effects of medications.
More than 13,000 doctors in the United States have been disciplined for serious incompetence or misconduct, including drug abuse, negligence, substandard patient care, Medicaid fraud and patient sexual abuse. According to a study by Washington Health Group, most of those physicians continue to treat patients and retain their licenses. State confidentiality laws make it nearly impossible to find out the background information on a doctor, even if that doctor has been disciplined for incompetence or negligence. Recent studies confirm that a small percentage of doctors are responsible for the vast majority of injuries caused by substandard care. This reaffirms our general perception that most doctors are good doctors, and worthy of our trust.
It is our practice to carefully screen all medical related cases in order to obtain a certificate of merit. Medical negligence is extremely difficult to prove, and requires qualified experts who are willing to testify that the care given failed to meet the appropriate standards, and that this failure caused injuries.
However, doctors and nurses are just like the rest of us - they sometimes make mistakes. And when caregivers make mistakes, they must be accountable for the harm they cause - just like the rest of us. We trust doctors; we need to trust them. When they violate that trust, doctors need to be held responsible.
Some common examples of situations that may involve medical negligence include:
- Improper use of Anesthesia;
- Failure to Diagnose, or Properly Diagnose an Illness;
- Failure to Treat an Illness;
- Incorrect Treatment of a Diagnosed Illness;
- Improper Administration of Drugs;
- Failure to Order Proper Tests;
- Failure to Consult with a Specialist;
- Failure to Monitor a Patient;
- Failure to Stabilize a Patient;
- Improper Use of a Medical Device;
- Birth Injury or Birth Trauma due to Obstetrical Physician, Nursing, or Hospital Negligence;
- Injury to Mother or Child during a VBAC (vaginal birth after C-Section); Failure of Hospital Staff to Properly Interpret Doctors' Orders on Patient Charts, Resulting in Incorrect Administration of Medications or Treatments;
- Surgical Procedures that are not necessary, or that are done without Patient Consent.
However, in order to prove a case of negligence, the victim must prove that the negligence, such as the mistakes listed above, caused their injury. Causation is sometimes the most difficult part of the case. Proof of causation must come from qualified experts who rely on sound science and medicine. Determining if you have a potential case for medical malpractice or medical negligence is difficult, at best.
This firm believes that in order to represent our injured clients in the best possible manner, we must have an understanding of the human anatomy and how it responds to a medical injury. Therefore, through experience and education, we are able to expertly evaluate injuries and successfully pursue claims on behalf of the injured plaintiff.
While proving a physical, emotional, or cognitive injury can be difficult, our experienced and knowledgeable attorneys and staff are able to undertake difficult cases and prevail, convincing skeptics of the merits of a claim via credible, trustworthy evidence and objective test findings. Our firm is committed to protecting our client's rights and has repeatedly demonstrated our ability to succeed in the most challenging and complex medical malpractice cases.
Legal malpractice is defined as a breach in the standard of conduct set forth by the Code of Professional Responsibility, Rules of the State Bar or legal governing body. Lawyers have a duty to act with honesty and integrity, in fairness and good faith in all dealings with, or on behalf of, their clients. Legal malpractice may arise from your lawyer's misconduct or failure to use adequate levels of care, skill or diligence in the performance of their duties that causes harm to another.
Some possible causes for legal malpractice may include:
- Failure to provide a valid fee agreement.
- Failure to inform of any major expenses not included in your fee agreement.
- A conflict of interest.
- Settlement of your case without your full authority.
- Settlement of your claim for far less than the actual worth to receive quick contingency fees.
- Failure to file your claim within the statute of limitations (the time legally allowed for filing a claim).
- Failure to file necessary documents or refusal to acknowledge court orders.
In order to successfully recover your damages, you must be able to prove that malpractice occurred and that, but for the malpractice, you would have won a favorable judgment in your case. The attorney you hire to file a legal malpractice claim must also be able to successfully argue the "underlying case" (the original case) and must prove that you would have won.
Personal injury law is also known as tort law. A tort is described as "a civil wrong or wrongful act, whether intentional or accidental, from which injury occurs to another. Torts include all negligence cases as well as intentional wrongs which result in harm." Torts fall under three categories:
- Intentional torts - purposely inflicting injury.
- Negligent torts - causing an accident that result in injury.
- Strict liability torts - manufacturing, marketing or selling defective products that result in injury.
The most common grounds for a civil lawsuit involve negligence. These include motor vehicle accidents, motorcycle accidents, pedestrian accidents, swimming and diving accidents, boating accidents and premises liability (slip and fall) accidents. When an accident occurs due to negligence, the injured party may file a claim against the negligent party to recover all their damages. Damages generally include current and future medical expenses, property damage, pain and suffering, current and future loss of income, loss of enjoyment and in certain cases, punitive damages.
In order to prove negligence, you must support your claim with the following 3 facts:
- Negligence - The other party was negligent.
- Causation - Their negligence caused the accident.
- Damages - You suffered damages as a result of the accident.
It is also imperative that you file your claim within the time allotted by the State of Ohio or the State of Indiana. The statute of limitations for negligent tort cases has generally been two years, unless you have a medical negligence claim or an assault, libel, slander or other statutory claim, then the statute of limitations is one year. It is important that once you believe that you have a cause of action, that you contact an attorney to protect you against the statute of limitations.
We provide sophisticated and innovative legal services for almost any type of injury. We not only handle claims for plaintiffs with obvious injuries, but also pursue the more challenging and less obvious injuries such as a traumatic brain injury.
We believe that in order to represent our clients in the best possible manner, our firm must have an understanding of the human anatomy and how it responds to an injury. Therefore, through experience and education, our firm is able to expertly evaluate medical injuries and pursue personal injury claims on behalf of the injured plaintiff.
While proving a physical, emotional, or cognitive injury can be difficult, our experienced and knowledgeable attorneys and staff are able to undertake difficult cases and prevail, convincing skeptics of the merits of a claim via credible, trustworthy evidence and objective test findings. Our firm is committed to protecting our client's rights and has repeatedly demonstrated our ability to succeed in the most challenging and complex medical injury cases.
With some exceptions, federal law and many state human rights laws make it illegal to discriminate against an individual because of that person's gender. In other words, if the compensation, terms, benefits, conditions or privileges of your employment are different from other co-workers and you believe this difference is because of your sex, you may have a claim against your employer for employment discrimination. If you feel that you are being sexually harassed, or are otherwise receiving less than equal treatment at work due to your gender, you may have a claim of sex discrimination under Title VII of the Civil Rights Acts of 1964 and 1991 and/or the Equal Pay Act, or other federal anti-discrimination statutes.
Under federal law, your employer must employ at least 15 people (20 under the Age Discrimination in Employment Act and 50 under the Family and Medical Leave Act), in order for you to have the right to file a complaint against that entity. However, all but a handful of states have enacted their own human rights laws that additionally protect women from workplace inequality and harassment, and many states have less stringent requirements and far broader coverage.
If you feel that your employer may be violating the law with regard to any women's rights in the workplace issue, it is vitally important to confer with a qualified plaintiff's employment lawyer as soon as possible before taking any action such as filing a complaint or quitting your job. Once you file a complaint with the Equal Employment Opportunity Commission (EEOC) or your local state human rights agency, you have already made certain strategic choices, which may be binding, and those choices may not be the most optimal way for you to proceed. Most attorneys are only licensed to practice law in their home state, and the particulars of your state's legal system are best known to a local lawyer. If you reside in Cincinnati and its environs, feel free to contact this office. Please note, there are strict statutes of limitations, or time periods, in which a complaint must be filed. Under federal law, you must file a charge with the EEOC within either 180 days or 300 days (depending on the state) from the last alleged, unlawful employment occurrence.
