Hi,

The other expert is correct in that we cannot represent you. Plus his referring you to Martindale is good as well.

With all due respect to him, if you want some information about death cases in Ohio, what you can and can't recover, I'm available

rich

Here are some general principles and the relevant portions of the statute of Ohio on wrongful death. There are other sections in the statute that relate to a death caused by a faulty product. You will probably have some follow up questions after reading this material. Please come back to ask

Medical malpractice, sometimes referred to as medical negligence, occurs when a health care provider violates the governing standard of care when providing treatment to a patient, causing the patient to suffer an injury. Medical malpractice can result from an action taken by the medical practitioner, or by the failure to take a medically appropriate action. Examples of medical malpractice include:
• Misdiagnosis of, or failure to diagnose , a disease or medical condition;
• Failure to provide appropriate treatment for a medical condition;
• Unreasonable delay in treating a diagnosed medical condition;

Medical malpractice actions can be brought by the injured patient against any responsible licensed health care provider, including doctors, counselors, psychologists and psychotherapists.

You must contact a lawyer who specializes in medical malpractice cases. He or she will have a medical legal expert review all the records with a view toward offering an opinion/report and trial testimony that the doctor's acts were negligent in that they did not conform to the standards of the applicable specialty in your area.

2125.02 Parties - damages.
(A)(1) Except as provided in this division, a civil action for wrongful death shall be brought in the name of the personal representative of the decedent for the exclusive benefit of the surviving spouse, the children, and the parents of the decedent, all of whom are rebuttably presumed to have suffered damages by reason of the wrongful death, and for the exclusive benefit of the other next of kin of the decedent. A parent who abandoned a minor child who is the decedent shall not receive a benefit in a civil action for wrongful death brought under this division.

(2) The jury, or the court if the civil action for wrongful death is not tried to a jury, may award damages authorized by division (B) of this section, as it determines are proportioned to the injury and loss resulting to the beneficiaries described in division (A)(1) of this section by reason of the wrongful death and may award the reasonable funeral and burial expenses incurred as a result of the wrongful death. In its verdict, the jury or court shall set forth separately the amount, if any, awarded for the reasonable funeral and burial expenses incurred as a result of the wrongful death.

The court or jury may consider all factors existing at the time of the decedent’s death that are relevant to a determination of the damages suffered by reason of the wrongful death.

A party to a civil action for wrongful death may present evidence of the cost of an annuity in connection with an issue of recoverable future damages.

(B) Compensatory damages may be awarded in a civil action for wrongful death and may include damages for the following:
(1) Loss of support from the reasonably expected earning capacity of the decedent;
(2) Loss of services of the decedent;
(3) Loss of the society of the decedent, including loss of companionship, consortium, care, assistance, attention, protection, advice, guidance, counsel, instruction, training, and education, suffered by the surviving spouse, dependent children, parents, or next of kin of the decedent;
(4) Loss of prospective inheritance to the decedent’s heirs at law at the time of the decedent’s death;
(5) The mental anguish incurred by the surviving spouse, dependent children, parents, or next of kin of the decedent.
(C) A personal representative appointed in this state, with the consent of the court making the appointment and at any time before or after the commencement of a civil action for wrongful death, may settle with the defendant the amount to be paid.
(D) (1) Except as provided in division (D)(2) of this section, a civil action for wrongful death shall be commenced within two years after the decedent’s death.

In terms of liability, you want a medical expert or the coroner's report if there is one.

With respect to the Compensatory damages you will want to present all or most of the following:

His prior medical history

Testimony from his regular doctor as to his prior health

Hospital records if any

Reports of EMTs, Fire Dept. employees on the scene

Documentary proof of the items mentioned above like

a. Annuity

b. Earnings records

c. Loss of earning capacity (testimony of an economist who will figure

it out mathematically taking into consideration inflation, and

LIFE EXPECTANCY AND WORK LIFE EXPECTACY which are

standard in matters of this kind, insurance premiums, insurance

benefits, etc

d. Loss of inheritance.

e. All the other aspects of compensatory damages such as mental anguish, loss of training, instruction, advice, counsel are established by live testimony at trial.