Practice Areas and Legal Definitions

Medical Malpractice:
Medical malpractice is the failure of a health care provider to follow the accepted standards of practice of his or her profession in the community where the service is rendered.  If a physician was careless, lacked proper skills or disregarded standardized rules resulting in injury to a patient, a jury may find the health care provider liable for negligence.  Hospitals can also be held liable for the negligence of their employees, including staff nurses and technicians.

Examples of Medical Malpractice include:

• Failing to diagnose a tumor while reading an X-ray
• Puncturing a nearby organ or tissue during surgery
• Failing to order necessary and appropriate medical tests
• Failing to diagnose a condition in time to treat it properly
• Failing to refer a case to a medical specialist
• Prescribing incorrect medication
• Brain Injury
• Birth Injury
• Cerebral Palsy
• Incorrect diagnosis that results in a failure to treat a medical condition
• Failing to properly administer anesthesia
• Emergency room negligence
• Dental Malpractice
• Cosmetic Surgery Malpractice

• Birth Injury: Birth injury malpractice is the failure of an obstetrician to properly perform his or her duties; i.e. failure to administer blood tests to detect abnormalities that can result in death or serious injury to both the mother and fetus.  If you have been injured because of improper medical care you may have a claim against the obstetrician/gynecologist who treated you.  However, statutes of limitations bar the filing of claims after a certain period of time following the negligent act.
• Cerebral Palsy: Cerebral palsy is permanent brain injuries that affect an infant in the womb, during birth, or in the months following birth and is one of the most common birth injuries in the United States.  Cerebral palsy patients are subject to limited motor skills, speech difficulties and learning disabilities.  When cerebral palsy occurs as the result of medical malpractice, the responsible party inflicting said injuries can be held legally responsible.  Examples of medical malpractice during delivery include leaving the baby in the birth canal too long resulting in oxygen deprivation, and/or failing to perform or delaying a necessary C-section.
• Anesthesia Negligence: Medical malpractice injuries can occur when anesthesia is improperly given or not given in a timely manner to a patient during a surgical procedure. If the failure of the anesthesiologist is the cause of injury or death to a patient, damages may be recoverable under the laws of medical malpractice.

Spinal Cord Injury:
Spinal cord injury (SCI) occurs when the nerves within the spinal canal are damaged.  Most SCI's are caused by trauma to the vertebral column, affecting the spinal cord's ability to send and receive messages between the brain and the body's systems that control sensory, motor and autonomic function.  Motor vehicle accidents are the leading cause of SCI, followed by acts of violence, falls, sports injuries and diseases such as polio, spina bifida and Friedreich’s Ataxia.  The spinal cord does not have to be severed in order for a loss of functioning to occur. In fact, in most people with SCI, the spinal cord is intact, but the damage to it results in loss of functioning.   

Traumatic Brain Injury:
Traumatic brain injury (TBI) is a medical phrase used to describe the damage to the brain suffered by sudden impact or physical force to the head.  Essentially, the human brain floats in a fluid substance called cerebrospinal fluid.  TBI can result when the force of momentum causes the brain to impact against the skull.  This type of injury, often the result of hitting your head on the windshield, pavement or object, is frequently referred to as a “closed head injury.”  Whiplash can also cause TBI.  These closed head injuries can result in lasting physical and mental problems.

Slip and Fall/Premises Liability:
Slip and fall accidents can happen anywhere and can cause serious personal injury.  Most slip and falls happen in commercial settings, such as grocery stores, drug stores, office buildings, construction sites, gas stations and malls, but they also happen on private property.  Premises Liability accidents can include toxic exposure, animal attacks, swimming pool accidents and amusement park ride accidents.  In any event, there exist duties on the part of the property owners to maintain the property responsibly and avoid the existence of hazardous conditions.

Dangerous or defective conditions may be large or small, temporary or permanent.  Therefore, investigation of the claim is essential to a successful case.  Temporary conditions such as water on the floor of a grocery store, or snow and ice on the stairs of a restaurant need to be investigated quickly.

Boating Accidents:
Typically, powerboats such as runabouts, cabin cruisers and jet skis are the most common watercraft involved in boating accidents, although sailboats can be involved in accidents as well.  The most frequent sources of injuries are caused from propeller accidents and collisions.  Because personal watercraft such as jet skis cannot be steered when the throttle is released, inexperienced drivers often have collisions when confronted with an emergency.  Serious personal injury and even death can occur due to a boating collision or from a person falling over the side of a watercraft and drowning.

Legal claims that arise from boating collisions are typically governed by the law of negligence. Any individual who negligently operates a watercraft may be required to pay damages to an injured victim.  A maritime case involving a boating accident may become formalized through civil court proceedings, or may be resolved through an informal settlement before a lawsuit is filed. The surviving family members of a fatally injured boating accident victim may be able to recover damages in a maritime wrongful death action against the defendant.

Vehicle Accidents:
Legal claims that arise from vehicle accidents are typically governed by the law of negligence. Any individual who negligently operates a motor vehicle may be required to pay damages to an injured victim.  A personal injury case involving a vehicle accident may become formalized through civil court proceedings or may be resolved through an informal settlement before a lawsuit is filed.  Vehicle accidents can include:

• admiralty and maritime law
• ATV accidents
• automobile accidents
• aviation accidents
• bicycle accidents
• boating accidents
• commercial bus accidents
• cruise ship accidents
• intersection accidents
• motorcycle accidents
• pedestrian accidents
• rear end collisions
• semi-tractor trailer accidents
• school bus accidents
• SUV rollover accidents
• train accidents
• truck accidents
• yacht accidents

The surviving family members of a fatally injured accident victim may be able to bring wrongful death charges against the defendant.

Motorcycle Accidents:
Motorcycle riders are often exposed to dangers not met by automobile drivers and other motorists on the road.  The lack on any substantial protective barriers, as well as the difficulty that other motorists may have in seeing or stopping for a motorcycle, leaves riders prone to serious personal injury in the event of an accident.

Wrongful Death:
A wrongful death occurs when a person is killed due to the negligence or misconduct of another individual, company or organization. A legal action for wrongful death belongs to the decedent's immediate family members, usually a surviving spouse and children, and sometimes parents. Under certain circumstances, unrelated minor children living with and supported by the decedent may also bring a claim for wrongful death. In order to bring a successful wrongful death cause of action, the following elements must be present:

• The death of a human being caused by another's negligent or intentional conduct.
• The survival of family members who are suffering the loss of financial support, love, care, comfort, supervision, guidance, household assistance and general society previously provided by the deceased.

The general rule in wrongful death cases is that one is entitled to recover both economic and non-economic damages which are suffered as a result of the loss of a loved one. Economic damages in a wrongful death case include an award for the financial contributions which the decedent would have made to his or her spouse, children and/or parents had he or she survived.  It also includes the recovery for funeral service expenses in memory of the decedent and for burial cost. Non-economic damages include loss of love, society, companionship, comfort, affection, solace or moral support.

If you or someone you know in the Cincinnati area or throughout Ohio and Indiana has been seriously injured as a result of someone else’s negligence and needs the assistance of an experienced personal injury lawyer, contact F. Harrison Green today at 800-891-5273, or use the contact form provided on this site to schedule your initial consultation.

Frequently Asked Questions

The following information includes frequently asked personal injury questions. The answers stated are general in nature and are not intended to apply to every situation. Each case is different and carries its own set of circumstances which must be taken into consideration by competent legal counsel.

If you or someone you know in the Cincinnati area or throughout Ohio and Indiana has been seriously injured as a result of someone else’s negligence and needs the assistance of an experienced personal injury lawyer, contact F. Harrison Green today at 800-891-5273, or use the contact form provided on this site to schedule your initial consultation.

What financial compensation can I recover in a personal injury claim?
Personal injury accident victims are entitled to recover monetary damages for all losses and expenses sustained as the result of an accident.  Depending upon the particular circumstances of your case, damages may include recovery for any of the following:

• Medical Bills 
• Lost Income, including overtime wages 
• Pain & Suffering
• Physical Disability
• Disfigurement
• Emotional Trauma
• Mental Disability
• Property Damage

What is premises liability?
Premises liability generally refers to accidents that occur due to the negligent maintenance, or unsafe conditions upon property owned by someone other than the injured victim.  Landowners are required to maintain their property in a manner that does not cause injury to those that, for various reasons, visit the property.  This law pertains to both business owners and homeowners.  Crucial to a premises liability settlement is being able to show how long the defect or injury inflicting element was there, how visible it was, and how much notice the owner had of the dangerous condition before the accident.

What is the statute of limitations?
Every state has certain time limits, called "statutes of limitations," that govern the period during which you must file a personal injury lawsuit.  In some states, for example, you may have as little as one year to file a lawsuit from an automobile accident.  When the statute of limitations expires on your case, you simply don't have a case anymore. Statutes of limitations differ not only from state to state, but also in regard to the kinds of lawsuits involved.  In some states, the statute of limitations for medical malpractice, suits against governmental agencies and wrongful death actions is shorter than that for other types of personal injury cases.  In general, however, the statute of limitations for personal injury cases is from one to three years, and the time begins from the time of the accident.  There are some circumstances that will toll the statute of limitations such as if the harm is not discovered right away.

How long will it take to settle my claim?
The time it takes to settle a personal injury case depends on the circumstances surrounding the case.  The more complex the case the longer it may take to settle.  A case can take anywhere from 3 to 18 months to settle depending on its complexity.

Under what circumstances can a wrongful death occur?
Wrongful Death Law provides financial compensation to the family of a person whose death was caused by the negligent, willful or wrongful act of another. Wrongful death cases are filed as a result of a variety of situations, including:

• Medical malpractice resulting in a patient's death 
• Neglect or abuse on the part of a nursing home that results in a patient's death
• Automobile, bus, train, airplane or other common carrier fatality accident
• Occupational exposure to hazardous conditions or substances (exposure to asbestos, etc.) resulting in death
• Death during a supervised activity (sports tournament, field trip, etc.)

Who can file a wrongful death lawsuit?
This depends on your state's statutory language, but generally includes immediate family members (i.e. spouses, children and parents).  Minors may require a "guardian ad litem" to represent their interests in court.  In addition, some states may also extend the potential group of plaintiffs to grandparents, legal dependents or members of the extended family.

Can damages be recovered for medical malpractice in nursing homes?
Nursing home residents that have suffered injuries may receive compensation under applicable Ohio medical malpractice laws.  Because nursing home residents require special care and attention, it is all the more important that the nurses and staff of the nursing home provide proper care to the residents.

Does misdiagnosis fall under medical malpractice?
Yes.  Medical malpractice is the failure of a medical provider to properly perform their duties, including the diagnosis of your condition.  Misdiagnosis may include the failure to run certain diagnostic tests or failure to diagnose a condition in a timely manner.  Medical malpractice is essentially the failure of a medical provider (including doctors, pharmacists, radiologists, laboratory technicians and doctors) to use reasonable care in treating a patient.  If you have been injured because of misdiagnosis, you may have a claim against the medical providers who treated you.  However, statutes of limitations bar the filing of claims after a certain period of time has passed following the negligent act.

Do I have a malpractice case against a doctor who prescribed a drug without informing me it's experimental?
All physicians have a duty to inform their patients that any prescribed drugs are a part of an experimental program, and subsequently, all patients have the right to refuse to participate.  Patients who have consumed experimental medication have grounds for a claim against the physician based upon their failure to obtain "informed consent" prior to treatment.

How do I know if I need an attorney?
If you have been seriously injured, consult with an experienced personal injury attorney as soon as possible.  Make sure this is done before you give any official statements or sign papers of any kind. Ohio laws require filing a lawsuit within a specific period of time.  Depending upon the circumstances of your case, you may be prohibited from filing a lawsuit and obtaining any compensation for your injuries if you delay.  Attorney Harrison Green can advise you on the applicable statute of limitations for your injury case.

Professional Profile

If you or someone you know in the Cincinnati area or throughout Ohio and Indiana has been seriously injured as a result of someone else’s negligence and needs the assistance of an experienced personal injury lawyer, contact F. Harrison Green today at 800-891-5273, or use the contact form provided on this site to schedule your initial consultation.

FIRM ADDRESS:
F. Harrison Green Co., L.P.A
4015 Executive Park Drive, Ste. 130
Cincinnati, OH 45241
Telephone: 800-891-5273
Hours: M-F, 8:00AM-5:00PM

EDUCATION:

• University of Louisville, Louisville, Kentucky, J.D., 1972
• University of Mississippi at Oxford, Mississippi, B.A., 1968
• Attended Indiana University at Bloomington, Indiana 1964-1966

COURTS ADMITTED:

• State of Ohio, 1972
• State of Indiana, 2000
• United States District Court for the Southern District of Ohio, 1972
• United States District Court for the Southern District of Indiana, 1972
• United States Court of Appeals for the Sixth Circuit
• Admitted Pro Hace Vice in 18 state jurisdictions

PROFESSIONAL AFFILIATIONS:

• American Bar Association
• Ohio State Bar Association
• Ohio Academy of Trial Lawyers
• Cincinnati Bar Association
• Delta Theta Phi Law Fraternity
• Federalist Society
• Indiana State Bar Association

COMMUNITY ACTIVITIES:

• Wyoming F. & A.M., Lodge 186
• Scottish Rite, Valley of Cincinnati
• Syrian Shrine, Cincinnati, Ohio
• Lions Club International, Oxford, Ohio
• Oxford Presbyterian Church

ARTICLES/BOOKS:

• Reviewer for Dr. Walter H.E. Yeager, Williston on Contracts, 1974-1976

SEMINARS:

• Seminar presenter for several nursing classes and hospital staff on ethical considerations in the medical setting
• Lecturer, Miami University, contracts in sports marketing and player contracts

PROFESSIONAL EXPERIENCE:

• Associate with Roger B. Turrell & Associates, Middletown, Ohio, 1972-1974
• Partner, Newlin, Green & Weinrich, Middletown, 1974-1976
• Owner, F. Harrison Green Co., L.P.A., 1976 to present
• Judge, Butler County Court, 1978-1982

SIGNIFICANT PUBLISHED LEGAL OPINIONS:

• Greene v. Marchyn, Case No. 99 CA 2662, COURT OF APPEALS OF OHIO, FOURTH APPELLATE DISTRICT, SCIOTO COUNTY, 2000 Ohio App. LEXIS 4699
• Greene v. Marchyn, 1997 Ohio App. LEXIS 3105 (July 7, 1997), Scioto App. No. 97 CA 2484
• Fleischhauer v. Feltner, No. 87-4060, UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, 879 F.2d 1290; 1989 U.S. App. LEXIS 9196, February 10, 1989
• Village of College Corner v. Town of West College Corner, No. 81A04-0110-CV-424, COURT OF APPEALS OF INDIANA, FOURTH DISTRICT, 766 N.E.2d 742; 2002 Ind. App. LEXIS 606, April 23, 2002, Filed
• Van Camp v. Bradford, 63 Ohio Misc. 2d 245; 623 N.E.2d 731; 1993 Ohio Misc. LEXIS 50
• Masiongale Elec.-Mech., Inc. v. Constr. One, Inc., 102 Ohio St. 3d 1; 2004 Ohio 1748; 806 N.E.2d 148; 2004 Ohio LEXIS 836, see also, Masiongale Electrical-Mechanical, Inc. v. Constr. One, Inc., 2002 Ohio 4736, 2002 Ohio App. LEXIS 4792 (Ohio Ct. App., Franklin County, Sept. 10, 2002)
• Pond v. State, No. 18A02-0310-CR-913 , COURT OF APPEALS OF INDIANA, SECOND DISTRICT , 808 N.E.2d 718; 2004 Ind. App. LEXIS 933, May 20, 2004

PRACTICE AREAS:

• Personal Injury
• Wrongful Death
• Medical Malpractice
• Civil Rights-Employment
• Legal Malpractice
• Motor Vehicle Accidents
• Motorcycle Accidents
• Pedestrian Accidents
• Swimming & Diving Accidents
• Boating Accidents
• Slip and Fall/Premises Liability
• Traumatic Brain Injury