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.

Burn Injuries:
People who have suffered and survived the agony of second, third and even fourth degree burns describe the pain they experienced as among the most severe of all traumatic injuries.  Personal injuries involving severe burns commonly result from explosions, premises fires, defective products, motor vehicle collisions, electric shock, as well as accidental exposure to harmful chemicals and radiation.

Insurance Claims:
Insurance claims are a notice for reimbursement from an insurance company when the insured has suffered a loss that is covered under the insurance policy. Insurance companies cannot refuse to pay a customer's claim without "reasonable justification."  This means that an insurance company must engage in a reasonable investigation and pay legitimate claims in a timely manner.  If an insurance company fails to handle its customer's claim properly, it may be held accountable for resulting economic losses, including lost wages, interest on money the insured borrowed to cover expenses while insurance benefits were wrongfully withheld, and loss due to damaged credit.

Nursing Home Abuse & Neglect:
Americans are living longer than ever before.  The fastest growing segment in the United States 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 is being 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 and lack of nutrition with weight loss.

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
• aviation accidents
• bicycle accidents
• boating accidents
• commercial bus accidents
• cruise ship accidents
• intersection accidents
• pedestrian accidents
• rear end collisions
• semi-tractor trailer accidents
• school bus accidents
• SUV rollover accidents
• train accidents
• yacht accidents

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

Bicycle Accidents:
According to the Federal Highway Administration, over 67,000 cyclists in the U.S. are injured every year in accidents involving motor vehicles.  Many cyclists who are injured in bicycle accidents are unaware that they have a personal injury case and that they may be entitled to compensation for injuries, pain and suffering, medical bills and lost incomes.  A cyclist may be entitled to receive compensation for an injury sustained because of a pothole, poor road or defective sidewalk.  There are state mandated residential and commercial bicycle laws, which entitle cyclists to observe different traffic rules than cars, trucks and other motorized vehicles.  This may mean that the cyclist is not legally responsible for an accident.

Truck Accidents:
Large truck accidents kill and injure over 150,000 Americans each year. Truck accidents can result in catastrophic injury such as head trauma, brain damage, paralysis and loss of lives.  Victims of truck accidents may be entitled to compensation for pain and suffering, medical expenses, property damage, lost wages and loss of earning capacity.

SUV Rollovers:
Although SUV rollovers do not occur as often as other automobile accidents, when they do occur they have a higher chance of resulting in serious injury or death, and are considered to be the most fatal type of vehicle accident on national roadways.  According to the Federal Highway Administration, SUV rollover accidents account for more than side and rear fatal vehicles combined and SUV's are three times more likely than the average passenger car rollover.

Although SUV's were designed primarily for the purpose of off-roading, manufacturers have since discovered their immense popularity as family vehicles.  Manufacturers have begun removing roll bars in current models.  SUV seat structures are not designed to keep occupants in place during a rollover regardless if seatbelts are worn.  Vehicle roofs, windshields and side windows easily collapse, increasing the risk of occupant head, brain and spinal cord and back injuries.  While the body of an SUV remains the same as it would if used for off-roading, the removal of the roll bars, combined with the high center gravity due to multiple passengers, make rollover accidents and occupant ejection that much more fatal.

Defamation (libel & slander):
A form of personal injury that does no physical harm but can be extremely harmful to person's reputation or character is called defamation.  Defamation is false and unprivileged spoken words (slander) or written publication (libel) which exposes any living person to hatred, contempt, ridicule or, which causes a person to be shunned or avoided, or which has a tendency to injure him or her in his or her trade or occupation.

Defective Products:
Products liability refers to a manufacturer or seller being held liable for placing a defective product into the hands of a consumer.  Products liability cases may include defective or poorly designed machinery, tools, motor vehicle defects, recreational products, pharmaceuticals and other defective products and equipment.  A person injured by a defective or dangerous product may be eligible to file a lawsuit for product liability.  Damages can be recovered under one of the following categories:  strict products liability; negligence or breach of warranty.

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 Ohio or Kentucky needs the assistance of an experienced Cincinnati Injury Lawyer, call Attorney Joseph Shea today at 866-635-9849, or complete the contact form provided on this site to schedule your free consultation.

If you or someone you know in Ohio or Kentucky needs the assistance of an experienced Cincinnati Injury Lawyer, call Attorney Joseph Shea today at 866-635-9849, or complete the contact form provided on this site to schedule your free consultation.

ADDRESS OF THE FIRM:
Shea & Associates
250 E. 5th Steet
2350 Chiquita Center
Cincinnati, OH 45202
Telephone: 866-635-9849
Fax: 513-651-3272

MEMBERS OF THE FIRM:

Joseph W. Shea III

EDUCATION:

• Northern Kentucky University, Salmon P. Chase College of Law, Highland Heights, Kentucky, 1974
  • J.D.
  • Honors: National Moot Court
• University of Cincinnati, Cincinnati, Ohio, 1969
  • B.A.
  • Major: Philosophy

BAR ADMISSIONS:

• Ohio, 1974
• Kentucky, 1999
• U.S. District Court Southern District of Ohio
• U.S. District Court Eastern District of Kentucky
• U.S. Court of Appeals 6th Circuit
• U.S. Supreme Court, 1984

TRIAL EXPERIENCE:
Over seventy civil personal injury trials tried to conclusion in State and Federal Courts, with an overall success rate of 91%. Litigation experience includes lead counsel in aviation, vehicle-worthiness and restraint product liability, flammable fabric, train crossing accidents, medical and legal malpractice, electrocution, wrongful death, insurance bad faith, premises and defective construction, carbon monoxide poisoning, tampered food product liability cases.

Trial Experience includes:

• Largest Hamilton County Personal Injury Verdict by Cincinnati Lawyer, ($8,100,000) 1997
• Largest Butler County Personal Injury Verdict ($6,533,000) 1994
• Largest Eastern District of KY Personal Injury Verdict ($5,300,000) 2002

APPELLATE EXPERIENCE:
Ultimately successful on ten of twelve visits to the courts of appeal. Three appearances in the Supreme Court of Ohio, all successful, Minton v. Honda, (1997) 80 Ohio St. 3d. 62; Smiddy v. Wedding Party, (1987), 30 Ohio St. 3d 35; Dick v. Allstate (1988), 40 Ohio St. 3d 80.

CERTIFICATIONS/SPECIALTIES:

• Certified Civil Trial Advocate, National Board of Trial Advocacy, 1985

HONORS AND AWARDS:

• Ohio Super Lawyer 2004, 2005, 2006, 2007
• 2005 Leading Lawyers, Medical Malpractice, 2005 - Present
• Top 50 Lawyers in Greater Cincinnati 2004
• Fellow, American College of Trial Lawyers
• "Ohio's Winningest Lawyers," Ohio Law Newspaper, 1991
• Professional Achievement Award, Northern Kentucky University, 1998
• Fellow, International Society of Barristers, 1996 - Present
• Fellow, Ohio Academy of Trial Lawyers, 1985 - Present
• Listed in "Best Lawyers in America," Woodward/White (Medical Malpractice, Personal Injury and Product Liability), 1995 - Present
• Who's Who Among Students in Colleges and Universities, 1972 - 1974
• Who's Who Among Outstanding Americans
• Who's Who in American Law
• Who's Who in America
• Who's Who in Emerging Leaders in America
• America's Registry of Outstanding Professionals, 2005 - Present

PROFESSIONAL ASSOCIATIONS AND MEMBERSHIPS:

• American Board Trial Advocates, 1989 - Present
  • Advocate
• American Board Trial Advocates, 1989 - Present
  • Member, National Board of Directors
• National Board of Trial Advocacy, 1984 - 1990
  • Diplomat
• National Board of Trial Advocacy, 1990 - Present
  • State Representative
• International Society of Barristers
  • Member
• Supreme Court of Ohio, 1984 - 1989
  • Member, Board of Bar Examiners, Appointed by Justice Asher Sweeney
• Supreme Court of Ohio, 1988 - 1989
  • Chairman, Board of Bar Examiners
• American Inns of Court, 1993 - 1998
  • Master, Potter Stewart Chapter
• American Inns of Court, 1998 - Present
  • Emeritus Master, Potter Stewart Chapter
• American College of Trial Lawyers, 1999 - Present
• Supreme Court of Ohio, 1988 - 1989
  • Chief Examiner, Appointed by Chief Justice Thomas Moyer
• Supreme Court of Ohio, 1991
  • Special Appointment as Examiner by Chief Justice Thomas Moyer
• National Board of Trial Advocacy, 1984 - 1987
  • National Certification Examiner
• National Board of Trial Advocacy, 1991
  • National Certification Examiner
• National Board of Trial Advocacy, 1994
  • National Certification Examiner
• National Board of Trial Advocacy, 1997
  • National Certification Examiner
• National Board of Trial Advocacy, 2001
  • National Certification Examiner
• National Board of Trial Advocacy, 2003
  • National Certification Examiner
• Governor's (Ohio) Insurance Task Force, 1984 - 1986
• Ohio Academy of Trial Lawyers, 1981 - 1982
  • President
• Association of Trial Lawyers of America, 1983 - 1984
  • National Representative
• Association of Trial Lawyers of America, 1984 - 1987
  • National Governor
• American Board of Trial Advocates, 1989 - Present
  • Secretary, Cincinnati Chapter
• American Board of Trial Advocates, 1989 - Present
  • National Representative
• Association of Trial Lawyers of America, 1981 - 1983
  • National State and Public Relations National Chairperson
• Association of Trial Lawyers of America, 1983 - 1984
  • National Chair, State Legislation
• American Board of Trial Lawyers, 1991 - 1993
  • National Chair, Chapter Liaison Committee
• American Board of Trial Lawyers, 1991 - Present
  • National Chair, Region 4 (Ohio, Michigan, Indiana, Illinois)
• National Board of Trial Advocacy, 1992 - Present
  • National Representative for State of Ohio
• Ohio State Bar Association, 1977 - Present
• Kentucky Bar Association, 1999 - Present
• Ohio Academy of Trial Lawyers, 1974 - Present
• Association of Trial Lawyers of America, 1974 - Present
• National Conference of Bar Examiners, 1983 - 1990
• Educational Foundation, Ohio Academy of Trial Lawyers, 1976 - Present
• Editor, The Verdict Reporter, Volume 1 through 326
• Ensemble Theatre of Cincinnati, 2000 - Present
  • Board of Directors
• The Indian Hill Club, 1984 - 1988
  • Board of Directors
• The Indian Hill Club, 1987 - 1988
  • President
• The Village of Indian Hill Board of Recreation, 1978 - 1996
  • Member
• The Village of Indian Hill Board of Recreation, 1989 - 1992
  • President
• Indian Hill School Board, 1989
  • Varsity Soccer Coach Selection Committee
• Indian Hill Boosters, 1993 - Present
  • Board Member
• Indian Hill Boosters, 1996 - 1997
  • President
• S.A.Y. Soccer and Select Soccer Coach, 1982 - 1990
• Knothole Baseball, 1978 - 1987
  • Head Coach and Manager
• Knothole Baseball, 1984 - 1987
  • District Representative