We represent victims of car accidents, slip/trip and falls caused by defective or unreasonably dangerous conditions on another’s property, dog bites, and workplace injuries caused by hazardous conditions created by, or known to, the employer. Though insurance companies are aggressively defending these types of cases, we are committed to the claim from the time of its filing through its resolution via litigation or settlement.
Medical malpractice occurs when a medical professional fails to exercise reasonable care in the diagnosis, treatment, and/or care of a patient (i.e. is negligent) and the patient is directly harmed by such failure. In some cases, medical professionals are negligent in their treatment of a patient, but the patient’s present or anticipated future health will not suffer as a result. In other cases, a patient may have been harmed in the course of his medical treatment, but such harm is considered a known risk of such treatment and cannot be attributed to the fault of the medical professional. Finally, in a third category of cases, a medical professional may have been negligent and the patient may have been harmed, but the harm is something that the patient, due to other health conditions or circumstances outside the professional’s control, was likely to eventually suffer from anyway. In these examples, a patient may be able to establish some, but not all, of the elements required to prove his case. Unless a patient can establish all three elements of his claim (negligence, damage, and a causal connection between the two), with the support of expert medical testimony, he cannot establish provable medical malpractice.
Recently, Ohio enacted legislation making it even more difficult for victims of medical, dental, or chiropractic malpractice to pursue their claims in court. In order to even file a lawsuit, the claim must be supported by an affidavit of a medical expert in the same field as the negligent party, wherein the expert gives his opinion that malpractice occurred.
As medical malpractice cases require significant expenditures of resources, time, and money in their preparation and litigation, our firm is highly selective of the cases in which we become involved. If you believe you or a loved one may have been the victim of malpractice, please contact us, as we would welcome the opportunity to evaluate your case.
Though no amount of money could ever replace a lost loved one, if you believe the death of your loved one was caused by the negligence of another party, either through a car accident, medical treatment, or otherwise, the law may allow you to recover.
Business and Real Estate Litigation
Unfortunately, all too often, business relationships sour and former partners and associates wind up in litigation over such issues as accounting, contractual obligations to one another and/or the business, terms of dissolution, capital contributions, and liability for third party contracts. We work to protect and pursue the interests of our clients in a professional manner targeted to minimize the acrimony which often accompanies such disputes.
Similarly, what seems clear in a commercial real estate transaction does not always prove so. In some cases, the parties to a real estate contract later realize they misunderstood one another’s respective positions on a central issue. In other cases, one party refuses to perform while the other stands ready to do so. Yet in others, the parties have differing interpretations of a term of the contract and cannot proceed until they reach a mutual understanding as to their rights and obligations.
We have delighted in the increase our practice has seen in business and real estate litigation over the last few years, as they are areas of the law where our exceptional advocacy skills, attention to detail, and professionalism have proven instrumental.
Wrongful Termination and Employment Discrimination
In the absence of a contract guaranteeing employment for a specific period of time or limiting the circumstances under which an employee can be terminated, employees in Ohio are considered to be employed “at-will.” This means that the employer may fire the employee, or the employee may quit, at any given time for any reason or no reason at all. The law does limit this wide discretion, making it illegal for an employer to fire an employee because of that employee’s race, color, religion, sex, national origin, disability, age, or ancestry of any person, to discharge without just cause, or to refuse to hire, or otherwise to discriminate against that person with respect to hire, tenure, terms, conditions, or privileges of employment, or any matter directly or indirectly related to employment. We have successfully represented numerous persons who have been terminated in violation of the terms of an employment contract, or have otherwise been discriminated against on the grounds described above.
Breach of Contract
We are also pleased to represent persons with various types of contract issues. We can draft a contract to govern your professional relationships and endeavors or prepare basic testamentary documents (e.g. Last Will and Testament or Healthcare Durable Power of Attorney). We are also there to help you when a contract dispute arises. From the client who contracts for services that either are not performed at all or are not performed as promised, to the client who contracts for automobile insurance benefits which are not being provided, we have represented numerous clients over the years in negotiating and litigating contract disputes.
DISCLAIMER: This information is not intended to serve as a comprehensive summary of the law in any given area or as a substitute for legal advice. If you would like additional information or believe you may have a case, please contact us.
The Brunn Law Firm Co., L.P.A.