Blog - Personal Injury, Medical Malpractice & Estate Planning Lawyers in Chillicothe
A CHILD’S WISHES ABOUT LIVING ARRANGEMENTS
June 19, 2017 8:00 am
A recent family law case in Vinton, Ohio highlights the fact that Ohio law often considers a child or children’s wishes about custody matters. The 11-year-old son of divorcing adversarial parents asked the court to allow him to live with the father. The son presented as mature and well-spoken. In private chambers, the magistrate asked the boy multiple questions about why he would want to live with his father. After all, his father was required to travel and work late hours from time to time. His mother operated a business from her home. Her schedule was flexible and focused on the child’s needs.
Ultimately, the court determined that the child preferred his father because of a lax parenting style. His mother was named the residential parent because the court realized she provides a home in the boy’s best interests. If the court believes a shared parenting arrangement isn’t in the child’s best interest, then the court is likely to grant parenting rights to a residential parent. In that case, the court is likely to grant parenting rights to the non-residential parent. Ohio law doesn’t specify the age at which the child may elect his or her living arrangement. The court individually evaluates each custody issue. Determination of custody is decided on several factors.
Family court in Ohio may not prefer one parent over another because he or she has greater financial resources. Ohio courts must always determine the custodial arrangement that’s in the best interests of the child or children. Living arrangement and preference of parent is one of many factors the court considers to determine the child’s best interests. Although the parent may ask the judge to interview his or her child to determine living arrangement preferences, the judge won’t perform an open-court interview. The meeting with the child will occur in a magistrate or judge’s chambers. At that time, the child meets with the magistrate or judge or other personnel the court deems appropriate.
Parents may not be present at a meeting. At its discretion, the court may appoint a guardian ad litem (GAL) for the child. The GAL investigates those solutions that are in the child or children’s best interests. Know that the court doesn’t necessarily follow the child’s wishes about his or her living arrangeme .nt. The court must decide what is in the child’s best interests. It will consider other factors to decide the question. However, when an older child expresses his or her wishes, the court often carefully considers these wishes unless there’s an inappropriate reason the child wants to live with the parent, such as if the parent has a “no rules” parenting style or doesn’t mind if the child uses drugs in the home.
June 12, 2017 4:07 pm
Authorities in Ohio report that a man jumped from a local bridge when he tried to avoid being hit by a tractor-trailer. He suffered injuries in the fall and died. The report was originally reported in late 2014. Local Ohio news outlets recently updated the report. The victim was 34-years-old. He jumped from a bridge on U.S. 35 after a series of crashes occurred. According to Ohio State Highway Patrol, the man stopped a disabled vehicle that remained partly in the road at about 6 o’clock a.m.
While at least two other vehicles successfully avoided collision with the disabled car, an oncoming tractor trailer truck couldn’t stop in time to avoid impact. The driver of the tractor-trailer lost control of the car and the man jumped from the bridge to avoid the truck’s full impact. Although the man was taken to the hospital by the Ohio State Highway Patrol, he died from his injuries sustained in the 30-foot fall. He left behind a spouse and two young children.
If you or someone dear to you has been injured or killed in an accident involving a truck, you already know the results can be devastating. Medical bills, rehabilitation, lost wages, permanent disability, funeral costs, money worries, and physical or emotional distress may result. You need an experienced personal injury law firm to answer your questions. The Law Firm of Richard M. Lewis is here to offer compassionate, immediate assistance.
After a serious truck accident, survivors may receive direct calls from the truck driver’s employer. The trucking firm may offer what seems like a large amount of money to pay for your loved one’s care if he or she survived or funeral costs if he or she perished. Consult with an experienced personal injury attorney before agreeing to an unsolicited offer of settlement.
Note that Ohio has time limits in which the injured party may file a personal injury lawsuit. According to Ohio Rev. Code Ann. Section 2305.10, the statute of limitations is two years from the date on which the accident occurred. If you don’t file a lawsuit against the responsible party during the two-year period, you may lose your right to claim damages against the negligent driver or his or her employer and insurance company.
The Law Firm of Richard M. Lewis is an experienced, knowledgeable truck accident injury law firm. Let us help you. We will investigate the accident and take all the necessary steps to fight for justice. Contact us today to schedule a preliminary case evaluation.
CANCER MISDIAGNOSIS OR DELAY IN DIAGNOSIS OF CANCER IN OHIO
June 5, 2017 4:09 pm
Cancer misdiagnosis or delay in diagnosis can lower the patient’s chances of recovery. NIH researchers note that early identification of any type of cancer is associated with improved chances of recovery. Treating Stage 1 cancers often have far better prognoses than Stage 4 cancers. A patient’s opportunity to enjoy a longer life almost always depends on how quickly the cancer is diagnosed and how soon the treatment was initiated. A delay of days or weeks in diagnosing cancer can mean death for the cancer patient.
The Law Office of Richard M. Lewis in Jackson, Ohio understands cancer misdiagnosis and delay. The experienced Ohio medical malpractice team is dedicated to helping patients who’ve suffered from a doctor’s misdiagnosis and delay or lost a loved one due to a diagnostic error or late diagnosis. We can help if you received a diagnosis for a wrong condition, if you were inadvertently harmed because the doctor ordered the wrong chemotherapy or radiation treatments, or if you were hurt by another form of medical malpractice.
Misdiagnosis of cancer can lead to permanent injuries and death. For instance, if you tell the doctor about persistent headaches and he or she doesn’t order tests related to the standard of care, you might be told there’s nothing wrong. You receive some pain pills, but they don’t help. A month later, the pain level increases. You seek a second opinion and the doctor says, “You have cancer.”
The agonizing moment after you hear the word cancer is more painful because the first doctor lost a month of treatment time. The second doctor explains that the brain tumor is particularly aggressive and the prognosis is guarded. Unfortunately, a loved one can pass away because a trusted doctor fails to diagnose cancer or a delayed diagnosis prevents the patient from receiving life-saving treatments in time. Early detection of cancer is perhaps the most important factor for successful treatment. Your medical professional should recognize early symptoms and signs of cancer. If your doctor failed to diagnose cancer, your chances of recovery from the disease may decrease, especially if your cancer is an aggressive or fast-growing type.
Many medical malpractice claims are complex. It’s important to discuss your potential case with an experienced medical malpractice legal team. You need knowledgeable and experienced medical malpractice lawyers to determine how to proceed with a cancer misdiagnosis and delay lawsuit. If your claim is valid, The Law Office of Richard M. Lewis offers fierce litigation and negotiation skills to our clients.
Contact us today for an initial case evaluation.
WOMAN DEAD AFTER VEHICLE CRASH IN CHILLICOTHE ON U.S. 50
May 25, 2017 3:22 pm
A multiple vehicle crash on U.S. 50 in Chillicothe has claimed the life of a 24-year-old woman.
On May 23 at 12:38 pm, a driver of a Ford Mustang went left of center in the eastbound lane of U.S. 50 near Maple Grove Road. A driver of a Toyota Rav 4 was traveling westbound at the same time when the Mustang went into her lane and caused her to swerve to avoid a crash.
The Mustang hit the left front of the woman’s Rav 4 and caused the vehicle to turn counter-clockwise after being hit. The woman’s vehicle came to a stop on top of the guardrail on the right side of the road while the driver of the Mustang came to a stop in the eastbound lane of the road.
Both of the drivers were the only occupants in their vehicles. The woman of the Mustang was taken to Adena Regional Medical Center by ambulance. According to highway patrol officials, she was pronounced dead at the hospital from the severe injuries she sustained during the accident.
The driver of the Rav 4 was flown by medical helicopter to Ohio State University Wexner Medical Center. She was in critical, but stable condition after the crash and had severe injuries from the impact of the accident.
Another vehicle, a Dodge Stratus not involved in the crash with the two women, swerved to avoid hitting the Rav 4 and crashed into the guardrail. The Dodge Stratus was traveling westbound as well. No one in the vehicle reported that they had any injuries. The crash remains under investigation.
When you are hurt in a car accident, you need help from an attorney that knows personal injury law. Trust in the Law Offices of Richard M. Lewis. We are personal injury attorneys that can fight for your rights when you or someone you know has been hurt in a vehicle accident. Contact us today.
ANNIE’S LAW PASSES OHIO HOUSE, MOVES ONE STEP CLOSER TO BECOMING A LAW
May 18, 2017 3:40 pm
Annie’s Law moves forward with approval by the Ohio House lawmakers. The law is targeted toward stopping repeat DUI offenders from getting behind the wheel and driving drunk again.
Annie’s Law, named after the Cincinnati native that was killed by a repeat drunk driver, requires Ohio OVI offenders to pass a breathalyzer. The law found approval by Ohio legislators and will move to the Senate and then the governor’s desk for approval.
The namesake for which the law is named for was hit and killed by a drunk driver in 2013 while riding her bike in Chillicothe. The driver that killed her had a blood-alcohol level that was twice the legal limit. In addition, the driver had been arrested for drunk driving three times before he got behind the wheel again intoxicated, this time hitting the girl.
According to Annie’s brother, the driver was going 80 mph with no lights on at dusk.
The family has been trying to get Annie’s Law passed for three years. If passed, the law would require ignition interlock devices in vehicles owned by individuals that have been charged with DUI. This would require the repeat offenders to pass a Breathalyzer to operate their vehicles.
Annie’s Law would also require that a camera is placed in the vehicle to record who is blowing into the Breathalyzer as well as GPS to keep tabs on the vehicle.
Annie’s law is expected to pass the Senate this summer and be signed into law by Gov. John Kasich this coming fall.
If you or someone you know has been hurt by a DUI driver, you need an experienced personal injury attorney on your side.
Contact the Law Offices of Richard M. Lewis for your consultation today. We can help you through this difficult time with our knowledge of personal injury law.