Jury Announced One of the Largest Verdicts in Clermont County Given for a Car Accident Case

Judge Richard Ferenc presided over a trial that involved a car crash that left Michael McRoberts with a serious debilitating lower back injury. McRoberts was on his way to work on I-275 when the driver of a John R. Jurgensen Co. truck hit the back of another car while attempting to change lanes.

 

The car the truck hit spun out and then hit McRoberts’ car on the passenger side. McRoberts suffered two herniated disks in his lower back that ultimately required surgery and left him unable to continue employment as a factory worker.

 

The Defendants admitted they were at fault for causing the collision. A jury gave a verdict in the amount of $620,000 against the John R. Jurgensen Co. and its driver that caused the accident.

 

This money will help Mike provide for his family and get the medical care he is going to need in the future. Mike and his family are forever grateful to the jurors who held the defendants accountable for all of the harms and losses they caused.

 

 If you or someone you know has been  involved in a car accident, call our Cincinnati, Ohio car accident lawyers at 800.637.8170 for a free case evaluation or to request your free copy of The Ohio Accident Book.

 


Two Car Accident Injures Five

The Charles E. Boyk Law Offices are hoping for a speedy recovery of the victims involved in a two-vehicle crash.

The accident happened when 61-year-old Deborah Sunkle, the driver of a white van, crashed on the ramp from Ohio 16 west onto Ohio 79 south. Sunkle and her 18-year-old passenger, Tynika Sunkle-Zigan, got out of the car to look at the damage. While standing there, they and were hit by a black car driven by 24-year-old Melinda Jo Hewitt.

Sunkle, Sunkle-Zigan, Hewitt and Hewitt’s two children, 6-year-old Gabe Hewitt and 3-year-old Jackson Hewitt, were taken to Licking Memorial Hospital for treatment.

Hewitt and her children were treated and released. However, Sunkle was flown to the OSU Medical Center and Sunkle-Zigan was transported to Grant Medical Center. They are both listed in fair condition.

Road conditions are said to have been the cause of the crash, which remains under investigation.

 If you or someone you know has been  involved in a car accident, call our Toledo, Ohio car accident lawyers at 800.637.8170 for a free case evaluation or to request your free copy of The Ohio Accident Book.

A 43-year-old man was killed in a crash

The Charles E. Boyk Law Offices sends their condolences to the family of the 43-year-old man, whose name will not be released, who died in a car crash.

The man was traveling north on route 585 in a 1999 mercury grand marquis when he turned right onto a road and made an immediate u-turn and attempted to cross over route 585.

A semi-truck traveling Northbound, whose drivers name has also not yet been released, hit the grand marquis, killing the man instantly.

The driver of the semi-truck was not injured. The crash remains under investigation.

 If you or someone you know has been  involved in a car accident, call our Akron , Ohio car accident lawyers at 800.637.8170 for a free case evaluation or to request your free copy of The Ohio Accident Book.

Mother Hits Tree and Kills Child

Our thoughts and prayers are with the Powell family after 35-year-old Alice Powell who  lost control of her minivan, flipped over and hit a tree.

Powell was taken to the hospital with injuries; her condition is unknown at this time. Her daughter, 7-year-old Ryanna Powell, died from her injuries.

What caused this accident is currently unknown, police are investigating the cause.

If you or someone you know has a child who has been injured in a child accident you need information. Contact our Ohio child accident lawyers at 800.637.8170 to order your free copy of Little Kids, Big Accidents.

Why you should hire us to handle your medical malpractice

The attorneys at the Charles Boyk Law Offices, LLC have extensive experience in handling medical malpractice cases. Whether the lawsuit involves a claim against a hospital, doctor, nursing home, or other facility, our lawyers are involved in prosecuting such cases on a daily basis.
We believe strongly in continuing legal education (CLE) and we regularly attend seminars and courses on the latest trial tactics and strategy in order to make sure that we are at the forefront of medical malpractice litigation. In addition, we believe strongly in using technology in the courtroom in order to help present the most persuasive case possible so that it is absolutely clear to the jury that what the medical provider did was wrong.
At the Charles Boyk Law Offices, LLC we return phone calls and we keep in contact with our clients. If you place a call to our office that we are not able to immediately take, we will return the call within 24 hours.
Among other organizations, all of our attorneys are active members of the Toledo Bar Association, Ohio Bar Association, and the Ohio Association for Justice. We believe in keeping aware of the latest developments in the local, state, and national legal communities so that we can better serve our clients.
But perhaps the best reason to hire the Charles Boyk Law Offices, LLC is a simple, intangible quality: the fact that we truly care. Lawyers become lawyers for a variety of reasons. Some want to follow in the footsteps of an elder family member. Some are attracted to the potential to gain wealth and power. Some lawyers really can’t give you a straight answer as to why they became a lawyer.
Then, there are those individuals who choose to become lawyers because they genuinely care about people and want to pursue a career centered on helping others. The lawyers at the Charles Boyk Law Offices, LLC fall into this last category. While we have been extremely successful at securing some of the largest settlements and jury awards for our clients, our practice is and has always been centered on one simple goal: helping our clients get the justice that they rightfully deserve.
Because our practice is centered on the goal of helping our clients get justice, success has followed naturally. We believe it is this intangible quality that sets us apart from the vast majority of Ohio law firms, and we pride ourselves on keeping our client’s interests first, and having everything else come second. We ask that you keep us in mind when you are making the important decision of choosing the law firm that will handle yours or your loved one’s medical malpractice case.
If you would like to have one of the attorneys at the Charles Boyk Law Offices, LLC provide a free case evaluation, call us today at 419-241-1395 or toll free at 1-800-637-8170. We are always here to help answer any questions that you may have.

Questions to ask before hiring a medical malpractice attorney | Toledo medical malpractice attorney

There is absolutely no substitute for trial experience. Before retaining a lawyer, the first question you should ask is, “How many cases have you taken to trial?” There are far too many one-size-fits-all lawyers out there who are rather inexperienced in trying cases, but who will occasionally try a case here or there as a kind of “side job.” This is not the kind of lawyer you want taking your case to trial.
You should ask your lawyer how up to date he or she is with respect to the latest trial tactics and strategies, including the effective use of technology in the courtroom. You don’t want to hire a lawyer who will be trying to prove your case with black and white visual aids while the defense lawyer is presenting his case with the latest 3-D animation technology.
You should ask your lawyer whether he or she has published any books on the topic of medical malpractice. Generally speaking, a lawyer who has the knowledge to write informative literature on the topic of medical malpractice will likely be better prepared to handle your case as opposed to a lawyer who does not take the time (or does not have the knowledge) to write or publish.
You should ask your lawyer what their policy is on returning phone calls and keeping in contact with clients. Unfortunately, there are too many lawyers out there who miss a phone call from a client and simply don’t return it. Make sure that your lawyer has a clear policy on returning phone calls and keeping in touch with clients.
You should ask whether the lawyer belongs to any professional organizations, and if so, which ones? Oftentimes, it is beneficial to retain a lawyer who is active in the legal community and who demonstrates a continued commitment to the profession via involvement in the local bar association and other similar organizations.
You should ask whether the lawyer you meet with at your initial meeting will be the lawyer who actually handles, negotiates, and tries the case, or whether the case will be assigned to another lawyer. If the case will be assigned to another lawyer, find out who.
You should ask the lawyer to describe his or her rationale, philosophy, and approach to practicing medical malpractice law (and practicing law in general), and you should be sure that you are comfortable with the response you receive.

Call 800.637.8170 to request a free copy of The Ohio Medical Malpractice Book and set up a free consultation with one of our Toledo medical malpractice attorney.

A patient’s rights

The American Hospital Association (AHA) has written “A Patient’s Bill of Rights” with the hope that it will contribute to more effective patient care and be supported by the hospitals across the country. While the AHA’s list is rather lengthy and detailed, here are some of the highlights:
1. The patient has the right to considerate and respectful care.
2. The patient has the right to relevant, current, and understandable information about diagnosis, treatment, and prognosis. Except in extreme emergencies, the patient is entitled to the opportunity to discuss and request information related to the specific procedure.
3. The patient has the right to make decisions about the plan of care prior to and during the course of treatment and has the right to refuse a recommended treatment or plan of care.
4. The patient has the right to have an advance directive (such as a living will, health care proxy, or durable power of attorney for health care) concerning treatment.
5. The patient has the right to every consideration of privacy.
6. The patient has the right to expect that all communications and records pertaining to his/her care will be treated as confidential by the hospital.
7. The patient has the right to review the records pertaining to his/her medical care and to have the information explained or interpreted as necessary.
8. The patient has the right to expect that a hospital will make a reasonable response to a patient’s request for appropriate and medically indicated care and services, including evaluation, service, and/or referral as indicated by the urgency of the case.
9. The patient has the right to ask and be informed of the existence of business relationships among the hospital, educational institutions, other health care providers, or payers that may influence the patient’s treatment and care.
10. The patient has the right to consent to or decline to participate in proposed research studies or human experimentation affecting care and treatment or requiring direct patient involvement, and to have those studies fully explained prior to consent.
11. The patient has the right to expect reasonable continuity of care when appropriate and to be informed by physicians and other caregivers of available and realistic patient care options when hospital care is no longer appropriate.
12. The patient has the right to be informed of hospital policies and practices that relate to patient care, treatment, and responsibilities. The patient has the right to be informed of available resources for resolving disputes, grievances, and conflicts, such as ethics committees, patient representatives, or other mechanisms available in the institution.
The AHA Bill of Rights is a list of goals and ideals that the AHA believes hospitals should aspire to meet. A violation of this AHA Bill of Rights does not necessarily mean that the patient has a valid claim against the medical provider – although that may be the case depending on the situation. This is why it is essential that you contact an attorney immediately if you have a reasonable belief that you or a loved one has been the victim of medical malpractice.

Call 800.637.8170 to request a free copy of The Ohio Medical Malpractice Book and set up a free consultation with one of our Ohio medical malpractice lawyers.

Permanent substantial injury in Ohio medical malpractice part 2

Cases Where There Is A Permanent And Substantial Injury

The previous example would be completely different if the patient’s hand was seriously damaged during the first surgery in such a way that it was not capable of being repaired, i.e., a permanent irreparable injury resulting in total loss of use of the hand. In that type of case, we have a plaintiff who had an injured hand which was negligently “repaired” by a doctor such that the hand is now beyond any hope of ever functioning again. It is likely that the client’s wages will be affected for the rest of his life, and his compensation for lifelong pain, suffering, and mental anguish will be off the charts. Suddenly, the value of the case has increased exponentially. Adding up the pain, suffering, mental anguish, and lost wages for the rest of the client’s life, we are potentially looking at a multi-million dollar settlement or verdict. Now, this has become a case that our firm can invest resources in without running our business into the ground.
An ideal medical malpractice case is one where a healthy patient goes in for what should be a routine operation or procedure and comes out of that operation or procedure with a significant and permanent bodily impairment that cannot be repaired and will result in significant struggles throughout the rest of the person’s life. Also, a case in which such a patient does not make it through the operation or procedure, while a terrible tragedy, obviously has the potential to be a strong case of medical malpractice. Although potential clients are few and far between who meet the “ideal” standard, clients who come close to meeting this mold are the clients who present the strongest cases, and they are the clients that we are most likely to represent. The following checklist should help you to assess whether you have a medical malpractice claim that our office would be willing to accept:
___ patient was relatively healthy before the medical care was given.
___ there is a clear indication of what the standard of care was.
___ there was a clear breach of the standard of care.
___ resulting injury/damages.
___ injury is significant.
___ injury is permanent.
___ there was no pre-existing injury to the same area of the body.
___ medical expert willing to give expert testimony about standard of care and breach.
___ statute of limitations is not about to run.
Again, while each law firm may have its own criteria to evaluate cases, this is the criteria that our firm uses. The bottom line is this: although each case is unique and we are always willing to listen, unless there is a significant and permanent injury or fatality as the result of medical malpractice, chances are the case is not one that our firm will be able to take. In fact, we estimate that we turn down 95% of the potential medical malpractice cases that our office considers. Is this fair to the countless victims of medical malpractice who will go uncompensated? No, it is not. However, it is an unfortunate economic reality, and it is the reason why so many medical providers are never held accountable for so many of the mistakes that are made in their office and in the operating room.

Call 800.637.8170 to request a free copy of The Ohio Medical Malpractice Book and set up a free consultation with one of our experienced Ohio medical malpractice lawyers.

What is not medical malpractice | Toledo malpractice lawyer

A health care provider’s conduct or behavior does not give rise to a medical malpractice claim unless the provider gives care that falls below acceptable standards of care in the medical community and causes injury. Our office often receives calls from potential clients who had something relatively minor go wrong at the doctor’s office and there is no real injury, but the potential client is fuming mad about the doctor’s poor attitude or lack of compassion.
While we certainly sympathize with these individuals, a medical provider’s offensive behavior or bad bedside manner generally does not constitute medical malpractice. In other words, while a medical provider’s rude or verbal misconduct may be a violation of ethical and licensing rules, rude or verbal misconduct does not fall into the malpractice category. Similarly, while a provider’s failure to give the proper advice and treatment is not good practice, it is not necessarily medical malpractice, especially if there is no resulting injury.
For example, an emergency room doctor who fails to properly diagnose your chest pain and then fails to admit you to the hospital has definitely delivered bad care. However, if you persisted and went on to another medical provider and got the care that you needed and avoided any injury, then there is probably no medical malpractice claim. Likewise, a doctor who verbally abuses you, or ignores you, or fails to return your calls may be reported to the appropriate licensing agencies, but there is probably no medical malpractice claim, especially if there is no resulting injury.
Sometimes, a medical provider may give acceptable care, but a bad result occurs anyways. A bad result that comes about despite proper care is probably not medical malpractice. Also, a patient will probably not be successful in proving medical malpractice if the patient: (i) gave informed consent and accepted an unavoidable or known risk, (ii) contributed to his or her own harm, (iii) failed to take action to minimize his or her harm, or (iv) failed to disclose important information to the doctor.
In sum, each potential medical malpractice situation must be individually analyzed by a trained medical malpractice attorney and medical experts who are familiar with the appropriate standard of care for the specific case in question. The attorneys at the Charles Boyk Law Offices, LLC are here to help guide you through this process. Feel free to give us a call, anytime.

For more information visit www.charlesboyk-law.com or call our Toledo medical malpractice lawyers at 800.637.8170 to schedule a free legal consultation.

Permanent substantial injury in Ohio medical malpractice part 1

Every day our office receives calls from potential clients who want to know whether what happened to them or to their loved one qualifies as medical malpractice and whether they can bring a valid claim in court. More often than not, these potential clients are legitimate victims of medical malpractice. However, we often have to turn down the calls that we receive. Why? While admittedly it is a somewhat of a sad state of affairs, the answer is purely economic. The following examples should help to illustrate the problem.

Cases Where There Is Not A Permanent Substantial Injury
For example, consider the case of the patient who goes in to have a surgery after their hand is injured in an industrial accident. Say that the surgery is negligently performed and the client ends up with the hand being even worse than it was before the surgery. This is probably medical malpractice. However, say that the patient undergoes a second surgery a week later which properly repairs the hand back to 100%. Now, let’s say that this individual calls our office wanting to know if he has a case. How would we evaluate the situation?
Although it may be relatively undisputed that the first surgery was a significant and clear instance of medical malpractice, the case we just described is a case that our firm would probably not take. “Wait a minute,” you may be saying, “Why would you not take the case? The surgery was negligently performed, the doctor made the hand worse, the malpractice is pretty clear.” Let’s take a look at the potential damages and recovery in this case.
As a result of the negligently performed surgery, the patient had to undergo a second surgery to properly repair the hand. Chances are the patient also had pain and suffering during the week between the two surgeries and he may have had to miss time from work. Let’s say that the second surgery cost $7,000, that the patient had $500 in lost wages during the week he was out of work (there will be no future lost wages), and that he is owed $2,500 in pain and suffering, bringing the total amount of damages to $10,000. “Not a bad chunk of change,” you say, “Why not file the lawsuit?” The answer: soaring medical malpractice case expenses.
In medical malpractice cases expert testimony is usually required, and this case will be no exception. We will need to hire a doctor to review the entire medical chart of the patient, paying particular attention to the surgical notes and other documentation concerning the first surgery. Hiring a doctor to do this will likely cost several thousand dollars, and that is just for him to review the records! Then, it is likely that the defense lawyer will want to take our expert doctor’s deposition. These depositions can often drag on for many hours, and doctors usually charge many hundreds of dollars per hour for their deposition. Then, there is the actual trial where doctors charge even more per hour for their time, and so far we have only discussed the case expense of the expert witness!
There are other untold expenses that go into preparing for a trial. Everything from court costs to digital document exhibit preparation can make trying a medical malpractice case very, very expensive. Suddenly, our firm is running the risk of having spent more money in retaining experts and preparing for trial than will ultimately be recovered at the end of the case (not to mention the time and effort that we could have expended elsewhere). As you may be beginning to see, our firm will not be able to stay in business if it continues to take on these kinds of cases!

Call 800.637.8170 to request a free copy of The Ohio Medical Malpractice Book and set up a free consultation with our Ohio medical malpractice lawyers.







Charles Boyk Law Offices

LLCPNC Bank Building

405 Madison Avenue Suite 1200

Toledo, Ohio 43604

800.637.8170

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