• Misdiagnosis
• Failure to Treat
• Delay in Treatment
• Delay in Diagnosis
• Heart Attack
• Cancer Cases
• Diabetes
• Infection
• Kidney, Urinary Tract Diseases
• Pathology/Lab Error
• Radiology: X-Ray Error

Birth Injury:
Birth injury means any brain injury to a child during labor and/or delivery. Its causes include oxygen deprivation (asphyxia), infection, and physical injury resulting from forceps, vacuum extractors or continued labor in the face of cephalopelvic disproportion (CPD). Current technology allows obstetricians to recognize the risk of asphyxia, infection and difficult delivery so that timely diagnosis and early intervention can avoid injury.

During the birth process, newborns can sustain injury to the nerves that serve the shoulder, arm and hand. This generally occurs after the baby’s shoulders become stuck in the birth canal (shoulder dystocia). This neurological condition, called Erb’s Palsy, affects the growth and usefulness of one’s arm. A rarer form of this injury is Klumpke’s palsy which results in hand and eyelid dysfunction. Modern obstetrical medicine has developed safe techniques to relieve shoulder dystocia and avoid these types of injuries.

Cerebral Palsy Injury:
We have experience with many types of cerebral palsy cases. Our attorneys have tried over 20 birth injury/cerebral palsy cases.

Neurological injury: Children with cerebral palsy and/or mental retardation may have sustained those injuries as the direct result of obstetrical negligence around the time of birth. Cerebral palsy is a physical condition resulting from brain injury that affects coordination and motor skills.

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 an anesthesiologist causes injury or death to a patient, damages may be recoverable under the laws of medical malpractice. Most doctors and hospitals carry malpractice insurance, and some states even require that they contribute to a state patient’s compensation fund.

Nursing Home Neglect:
Americans are living longer than ever before. The fastest growing segment in the United States population is the elderly population. As a result of this demographic shift, many elderly Americans have become residents of nursing homes during their final years. As many of these nursing homes are under-funded and understaffed, a disturbing incidence of neglect and abuse has been reported. Injuries sustained by nursing home residents due to neglect and abuse often involve the inappropriate use of physical restraints, joint contractors, overuse of sedatives, unnecessary use of urinary catheters, loss of mobility, pressure sores, lack of nutrition and weight loss.

If you or someone you know in Ohio needs the assistance of an experienced Cleveland Medical Malpractice Lawyer, call Becker & Mishkind, Co. L.P.A. today at 866-306-6944, or complete the contact form provided on this site to schedule your free consultation.

Michael F. Becker, Attorney

Attorney Michael F. Becker has over 33 years of trial experience. He is a member of the Association of Trial Lawyers of America (ATLA), the Ohio Academy of Trial Lawyers (OATL), and past President of the Cleveland Academy of Trial Attorneys (CATA). His practice is primarily in the area of medical negligence. Mr. Becker is a frequent lecturer on medical negligence and is a former chair of the Medical Negligence Section of the Ohio Academy of Trial Lawyers. He has authored articles on Medical Malpractice in state and national publications.

Mr. Becker is certified as a Civil Trial Specialist by the National Board of Trial Advocacy. He has been elected a fellow of the International Society of Barristers and was recently selected by his peers to be included in "The Best Lawyers in America," 2001-2002, 2002-2003 afnd 2004-2005 Editions. Mr. Becker was inducted into the Inner Circle of Advocates which is a group of the top 100 personal injury lawyers in the country. Mr. Becker has recently been named a 2006 Ohio Super Lawyer. Mr. Becker is AV rated by Martindale-Hubbell. The Martindale-Hubbell AV rating indicates very high to pre-eminent legal ability and very high ethical standards as established by confidential opinions from members of the Bar.

Appointments

• Ohio Supreme Court - 1976
• United States District Court (N.D. Ohio) - 1979
• Association of Trial Lawyers of America - 1976

Education

• University of Wisconsin – Bachelor of Business Administration, 1971
• John Marshall Law School, Chicago, Juris Doctor with Distinction, 1976

• Past President, Cleveland Academy of Trial Lawyers
• Trustee of the Medical Negligence Section, Ohio Academy of Trial Lawyers
• Chair of the Medical Negligence Section, Ohio Academy of Trial Lawyers
• International Society of Barristers
• Inner Circle of Advocates

Howard Mishkind, Attorney

Attorney Howard Mishkind is a Partner in the law firm of Becker & Mishkind Co., L.P.A. His practice is concentrated primarily in the area of personal damage litigation, consisting of the representation of plaintiffs in medical malpractice, legal malpractice and catastrophic injuries arising out of motor vehicle collisions. He has been a participant in numerous seminars locally and throughout the State of Ohio on matters relating to personal injury, medical malpractice, civil litigation and legal ethics. He has also made numerous appearances and presentations to various local schools and on several local radio and television stations.

Mr. Mishkind has Chaired or co-Chaired the Cleveland-Marshall Law Alumni Association Annual Recognition Luncheon since 1992 and was honored as Outstanding Alumnus of the Year in 2003.

Howard D. Mishkind has 29 years experience as a trial attorney. He is a member of the Association of Trial Lawyers of America (ATLA), the Ohio Academy of Trial Lawyers (OATL), the Cleveland Academy of Trial Attorneys (CATA), and the Ohio State Bar Association (OSBA), Cleveland and Cuyahoga County Bar Associations. He has also handled catastrophic injury claims caused by childhood vaccinations. His practice is primarily in the area of medical negligence. He is an adjunct professor at Cleveland-Marshall College of Law where he teaches a course on medical malpractice. He has been a participant in multiple seminars on matters relating to personal injury, medical malpractice and trial advocacy issues. Mr. Mishkind is a member of the Million-Dollar Advocates Forum. He has recently been named a 2006 Ohio Super Lawyer. Mr. Mishkind is AV rated by Martindale-Hubbell. The Martindale-Hubbell AV rating indicates very high to pre-eminent legal ability and very high ethical standards as established by confidential opinions from members of the Bar.

Appointments

• Supreme Court of Ohio – 1980
• United States District Court (N.D. Ohio) – 1980
• United States Court of Federal Claims – 1990
• Adjunct Professor of Law, Medical Malpractice, Cleveland-Marshall College of Law (1998 – Present)

• University of Cincinnati – Bachelor of Business Administration, 1977, Magna Cum Laude
• Cleveland State University, Cleveland-Marshall College of Law, Juris Doctor, 1980

• Attorney – Partner (1994 – Present) Becker & Mishkind Co., L.P.A.
• Attorney – Partner (1984 – 1994) Weisman, Goldberg & Weisman Co., L.P.A.
• Attorney – Associate (1980 – 1984) Weisman, Goldberg & Weisman Co., L.P.A.

• Million Dollar Advocates Forum
• Cleveland Academy of Trial Lawyers
• Ohio Academy of Trial Lawyers
• American Trial Lawyers Association
• Ohio State Bar Association
• Cleveland Bar Association
• Cuyahoga County Bar Association
• 2003 – 2005 Chair, Certified Grievance Committee, Cuyahoga County Bar Association
• 1998 – Present Member of Certified Grievance Committee, Cuyahoga County Bar Association
• 1992 – 1994 Director, Cleveland State University Alumni Association
• 1992 – Present Honorary Trustee, Cleveland-Marshall Law Alumni Association
• 1991 – 1992 President, Cleveland-Marshall Law Alumni Association
• 1990 – 1991 President-Elect, Cleveland-Marshall Law Alumni Association
• 1989 – 1990 Vice President, Cleveland-Marshall Law Alumni Association
• 1988 – 1989 Secretary, Cleveland-Marshall Law Alumni Association

• Cleveland Bar New Lawyer Training Program, Health Care Law - February 24, 2006
• Cleveland-Marshall College of Law, CLE Seminar, Medical Malpractice - December 10, 2005
• Cleveland & Cuyahoga Bar Young Lawyers Association, Grievance, Legal Malpractice & IOLTA - February 25, 2005
• Cleveland-Marshall College of Law, Pretrial Practice Class - March 31, 2004
• Cleveland-Marshall College of Law, Marvelous Monday, PI/Med. Mal. Speech - March 8, 2004
• OATL Seminar, Closing Argument: Linking All Elements of the Trial Back to Your Theme Speech - November 2, 2001
• Speech, Dealing with Medical Malpractice in the Physician’s Office - October 14, 2001
• OATL 43rd Annual Convention Medical Negligence Seminar, Special Damages in Medical Malpractice Cases Speech - May 11, 2000

• 2006 Ohio Super Lawyer - Five percent of Ohio attorneys are named 2006 Ohio Super Lawyers. Super Lawyers is an annual listing of outstanding lawyers who have attained a high degree of peer recognition and professional achievement.
• Cleveland-Marshall Law Alumni Association - Outstanding Alumnus of the Year in 2003.

David A. Kulwicki, Attorney

Attorney David A. Kulwicki has been a trial lawyer for 17 years. He graduated from the University of Texas-Austin with honors in economics and from the Ohio State University School of Law with his Juris Doctor. Mr. Kulwicki is former Chairman of the Medical Negligence Section of the Ohio Academy of Trial Lawyers and current Chairman of OATL's Constitutional Review Committee.

He has lectured and written on various topics related to personal injury and medical litigation. Mr. Kulwicki practices primarily in the area of medical negligence. He is a member of the Association of Trial Lawyers of America (OATL), the American Bar Association (ABA), the Ohio Academy of Trial Lawyers (OATL) and the Cleveland Academy of Trial Attorneys (CATA). He joined the firm in 1997.

Appointments

• Member, Million Dollar Advocates Forum
• Advocate, National College of Advocacy
• Sustaining Member, Association of Trial Lawyers of America
• Past Chairman, Medical Negligence Section, Ohio Academy of Trial Attorneys
• Past Chairman, Constitutional Review Committee, Ohio Academy of Trial Attorneys

• Bachelor of Arts, Economics, The University of Texas at Austin, conferred 1985
• Juris Doctor, The Ohio State University College of Law, conferred 1988

• 1996-present Becker & Mishkind Co., L.P.A., Cleveland OH
• 1995-1996 David A. Kulwicki Co., L.P.A., Akron, OH
• 1992-1995 Garson & Associates Co., L.P.A., Cleveland, OH
• 1988-1992 Emens, Hurd, Kegler & Ritter Co., L.P.A.

• American Bar Association
• Association of Trial Lawyers of America
• Ohio State Bar Association
• Ohio Academy of Trial Attorneys
• Cleveland Academy of Trial Attorneys

• Taking Depositions, ABA Annual Meeting, Seattle, WA
• Increasing Damages Awards, Cleveland State University, Cleveland, OH
• Using Focus Groups, Ohio Academy of Trial Lawyers 49th Annual Convention, Columbus, OH
• Constitutionality of Tort Reform, Ohio Academy of Trial Lawyers 50th Annual Convention, Columbus, OH
• Constitutionality of Tort Reform, 2004 Bernard Friedman Institute, Cleveland, OH

Dr. Jessica A. Perse, Attorney

Dr. Jessica A. Perse is a new associate admitted to the Ohio Bar in May 2005. Jessica is also a licensed medical doctor. Prior to attending Cleveland-Marshall College of Law, Jessica practiced as a board certified general surgeon in Ohio for over ten years and is a Fellow of the American College of Surgeons.

While attending law school, Jessica acted as a medical consultant and law clerk with the firm since 2003. She is a member of the Ohio State Bar Association. Jessica will concentrate her practice primarily in the area of medical negligence.

Education

• May 1985 - Youngstown State University, Youngstown, OH
• Bachelor of Science- Magna Cum Laude
• Northeastern Ohio Universities College of Medicine, Rootstown, OH Doctor of Medicine
• May 2004 Cleveland-Marshall College of Law, Cleveland, OH Juris Doctor

• 2003 - Present Becker & Mishkind Co., L.P.A., Cleveland, OH
• 1990-2000 Private practice general surgery
• 1985-1990 General Surgery Residency, Mount Sinai Medical Center, Cleveland, OH

• Ohio State Bar Association
• Advanced Trauma Life Support Certification (ATLS)
• Fellow American College of Surgeons (FACS)
• The American Board of Surgery - certified
• Cancer Liaison Physician representing Commission on Cancer