Practice Areas

Paul W. McCartney

E-mail MePaul W. McCartney

Shareholder
Location:
Cincinnati, Ohio
Phone:
513-345-5500
Fax:
513-345-5510
Email:

Paul McCartney is a Shareholder whose practice focuses on defending nursing homes, physicians, hospitals and other healthcare providers in litigation involving claims of professional negligence related to patient care.  Mr. McCartney is an experienced trial lawyer but also has experience in handling appellate issues.  Mr. McCartney routinely lectures to healthcare providers on issues related to risk management and litigation.

Mr. McCartney has been selected as an Ohio Super Lawyer for twelve straight years (2006 through 2017).  In 2013, 2014, 2016 and 2017 he was also named Top 100 Lawyer in Ohio.  From 2013 through 2017 he was named Top 50 Cincinnati Lawyer.  Mr. McCartney was also selected for the Super Lawyers Business Edition, Litigation (2012-2013).  In 2014 he was also named Top Rated Lawyers in Medical Malpractice Law, Martindale-Hubbell and American Lawyer Media.  Mr. McCartney was also selected and listed as one of the Best Lawyers in America, Medical Malpractice Law - Defendants & Insurance Law from 2008 through 2014 and 2017.  Mr. McCartney further enjoys an AV Preeminent rating with Martindale-Hubbell.

Litigation Percentage

  • 100% of Practice Devoted to Litigation

Bar Admissions

  • Ohio, 1988
  • U.S. District Court Southern District of Ohio, 1989
  • U.S. Court of Appeals 6th Circuit, 1989

Education

  • The Ohio State University College of Law, Columbus, Ohio
    • J.D. - 1988
    • Honors: With Honors
    • Honors: Order of the Coif
  • Kenyon College, Gambier, Ohio
    • B.A. - 1984
  • Phillips Exeter Academy - 1980

Published Works

  • “Wrongful Pregnancy, Birth and Life Claims in Ohio,”, Tort Law Journal of Ohio, 2007
  • “Binding Arbitration Agreements in Nursing Home Contracts in Ohio: Are They Enforceable?,”, Tort Law Journal of Ohio, 2007
  • “The Ohio Supreme Court recognizes Claims for Loss of Chance,”, Deliberations, Vol. X, Issue 2, 1996
  • “Ohio Supreme Court Explains Limits of Negligent Infliction of Severe Emotional Distress Claims,”, Deliberations, Vol. IX, Issue 3, 1995
  • “Ohio Supreme Court Expands Availability of Punitive Damages,”, Deliberations, Vol. VIII, Issue 4, 1994
  • “Defense Experts Opinions Held to Same Standards as Plaintiff’s Experts,”, Deliberations, Vol. VIII, Issue 3, 1994
  • “Ohio Supreme Court Casts Doubts as to Validity of Contractual Non-Binding Arbitration Provisions,”, Deliberations, Vol. VI, Issue 2
  • “Validity of Insurance Policy Provision Limiting Recovery to Single Person Limit Liability for Multiple Claimants Where Only One Person Suffers Bodily Injury,”, Deliberations, Vol. IV, Issue 2, 1990

Classes/Seminars

  • "When Quality Doesn't Matter-Managing Unrealistic Family Expectations Causing Litigation" , Ohio Health Care Association annual convention, 2014 - Present
  • "2013 Health Care Highlights-Litigation Perspective" , Cincinnati Bar Association Health Care Law Update seminar, 2013 - Present
  • "Elder Abuse: The Age Old Problem that Won't Go Away", Kentucky Association of Health Care Facilities Annual Meeting, 2013 - Present
  • "Dissecting a Medical Malpractice Lawsuit" , presented to Anesthesia Associates of Cincinnati, 2013 - Present
  • "Trial Practice: Opening Statements", Instructed to Cincinnati Bar Association Young Lawyers Section as part of The Advocacy Series, 2013 - Present
  • "Defending Charting Errors and Omissions: Going Beyond the Basics to Overcome Holes in the Chart", American Conference Institute Defending Long Term Care Litigation Conference, 2012 - Present
  • "The Impact of Disruptive Behavior on Patient Care and Practice, and the Strategies to Mitigate Risks-An Attorney's Perspective", Presented to Medical Protective Company insureds, 2011 - Present
  • Trial Practice: Opening Statements, Instructed to Cincinnati Bar Association Young Lawyers Section as part of The Advocacy Series, 2011 - Present
  • "The Less-Than-Perfect Doctor -Patient Relationship: an Attorney's Perspective", Presented to Medical Protective Company Insureds, 2008 - 2010
  • "Uncharted Territory - Documentation to Prevent Litigation for Long Term Care Facilities", Bayley Place, 2009 - Present
  • "Enforceability of ADR Agreements in Nursing Homes”, Medical Malpractice/Nursing Home Litigation Seminar, OACTA, 2008 - Present
  • "If at First You Don't Succeed, Pass Tort Reform Again ... and Again ...and Again: Will the Ohio Supreme Court Uphold Med Mal Damage Caps in Light of Arbino v. Johnson & Johnson?", Cincinnati Bar Association Healthcare Law Committee, 2008 - Present
  • ''Risk Management for Medical Office Staff", Sponsored by Abbott and Presented to Greater Cincinnati Associated Physicians, 2008 - Present
  • "Documentation to Prevent Litigation for the Long Term Care Nurse”, Presented to Mercy Franciscan Terrace. Mercy at Shroder, Mercy Franciscan at West Park and Mercy St. Theresa Center, 2007 - Present
  • "Failure to Diagnose - A Continuing Challenge, The Attorney's Perspective", Presented to Medical Protective Company insureds, 2006 - 2007
  • "The Death of Medical Malpractice: Is It Exaggerated?" , Presented to Franciscan Services Corporation, Quality Assurance Conference, 2007 - Present
  • "Professional Liability Issues-Claims Review, Lessons Learned", Presented to Franciscan Services Corporation, Long-Term Care Conference, 2007 - Present
  • "AOR Agreements in Nursing Home Contracts: Are they Enforceable?", Cincinnati Bar Association Healthcare Law Committee, 2006 - Present
  • "Spotlight on Patient Safety: The Attorney's Perspective", Presented to Medical Protective Company insureds, 2005 - Present
  • "Streamlining Discovery & When Trial is Imminent, How Can the Long Term Care Client Help", Panel Discussion, Presentation for 2005 Spring Long Term Care Panel, 2005 - Present
  • "Handling the Nursing Home Malpractice Suit", Managing Resident Safety Risks, for Risk Management Solutions, 2005 - Present
  • "What to Expect in a Medical Malpractice Action", Panel Discussion, Physicians' Survival Seminar sponsored by the Academy of Medicine, 2004 - Present
  • "Risk Management for Nursing Homes", Presentation for Adcare Healthcare Systems, 2004 - Present
  • "Recent Legal Trends in Nursing Home Litigation", Managing Resident Safety Risks sponsored by Risk Management Solutions, 2004 - Present
  • "Ohio Nursing Home Law: The Defense Perspective", sponsored by Lorman Education Services, 2003 - 2005
  • "Where is My Doctor? The Difference Between Nursing Home Care and Acute Hospital Care", Health Care Law Seminar sponsored by the Cincinnati Bar Association, 2003 - Present
  • "Nursing Home Liability Update", Winter Seminar, OACTA , 2003 - Present
  • "Current Status of Medical Malpractice", Cincinnati Eye Institute, 2003 - Present
  • "Medical Malpractice: The Defense Perspective", Medical Malpractice Seminar, sponsored by the National Business Institute, 2002 - 2003
  • "The Role of Nurse's Aides in Preventing Malpractice Lawsuits", Lecture to Nurse's Aides Class. Columbus Stare University, 2003 - Present
  • “Risk Assessment for Nurse's Aides", Southwest Ohio Nurse's Aides Association, 2003 - Present
  • "Interpreting Medical Records", Cincinnati Paralegal Association Annual Seminar, 2001 - Present
  • "Reducing Medical Mistakes: Is it Possible?”, Panel Discussion for Health Care Law Seminar, sponsored by the Health Care Law Committee of the Cincinnati Bar Association, 2000 - Present
  • "Medical Malpractice: Inside Look for Summer Associates", Cincinnati Bar Association, 2000 - Present
  • "The Cycle of Care, Part I: Planning”, The Medical Protective Company, 2000 - Present
  • "Attacking Credibility of Witnesses", Evidence Rules Workshop, sponsored by the OSBA CLE Institute, 2000 - Present
  • "General Deposition Considerations", Taking and Defending Effective Depositions, Lorman Education Services, 2000 - Present
  • "Responsive Pleadings" Pre-Trial Primer, Ohio CLE Institute , 1998 - Present
  • "Key Trial Tactics and Strategies - The Defense Perspective," Using Exhibits to Win Your Case in Ohio , NBI, 1998 - Present

Honors and Awards

  • AV peer rating by Martindale-Hubbell
  • Ohio’s Super Lawyers, 2006 - 2016
  • Ohio Super Lawyers, Top 50 Cincinnati
  • Ohio Super Lawyers, Top 100 Ohio
  • Ohio Super Lawyers, Top 50 Cincinnati, 2013 - 2014
  • Ohio Super Lawyers, Top 100 Ohio, 2013 - 2014
  • Top Rated Lawyers in Medical Malpractice Law-Martindale­ Hubbell & American Lawyer Media, 2014 - Present
  • Super Lawyers Business Edition, Litigation, 2012 - 2013
  • Best Lawyers in America, 2008 - 2014
  • Ohio’s Corporate Counsel Super Lawyers, 2010 - Present
  • Ohio Association of Civil Trial Attorneys Distinguished Service Award, 2010 - Present
  • Order of the Coif
  • Rated 10/10 Superb by AVVO.com
  • Ohio South Youth Soccer Association 2010 Girls Recreational Coach of the Year

Professional Associations and Memberships

  • Cincinnati Bar Association, Member
  • Ohio State Bar Association, Member
  • American Bar Association, Member
  • Ohio Association of Civil Trial Attorneys, Member
  • Defense Research Institute
  • Ohio Association of Civil Trial Attorneys, Board Member and Vice-Chair, Medical Malpractice Committee, Annual Meeting Program Chair, 2010 - Present
  • Cincinnati Bar Association, Chair, Past Vice Chair and Secretary, Admissions Committee
  • Cincinnati Bar Association, Past Chair and Vice Chair, Healthcare Law Committee
  • Cincinnati Bar Association, Past Chair, Joint Committee with the Academy of Medicine
  • Ohio State Bar Foundation, Life Fellow, 2001 - Present
  • Ohio State Bar Foundation, Development Committee member, 2008 - Present
  • Ohio Association of Civil Trial Attorneys, Board Member and Chair, Medical Malpractice Committee, 2013 - Present
  • Ohio Association of Civil Trial Attorneys , Annual Meeting Program Chair, 2010 - Present
  • Ohio Association of Civil Trial Attorneys , Annual Meeting Program Moderator, 2009 - Present
  • West's 'Tor t Law Journal', Contributing editor, 2006 - 2008

Pro Bono Activities

  • Ohio South Youth Soccer Association 2010 Girls Recreational Coach of the Year
  • Anderson High School Mock Trial Team, Legal Advisor, 1995 - 2008
  • Girl’s Southeast Soccer Association (Board Member), 2001 - Present
  • Hyde Park Community United Methodist Church (Member, Finance Committee), 2005 - 2006
  • Hyde Park Community United Methodist Church (Member, Finance Committee), 2008 - Present
  • United Cerebral Palsy Golf Committee Member, 2008 - 2013
  • Stepping Stones, Board Member, 2013 - Present
  • Stepping Stones, Golf Committee Member, 2008 - Present
  • Anderson High School Mock Trial Team, Legal Advisor, 2010 - 2013
  • University of Cincinnati Rendigs Moot Court Competition Judge, Final Rounds , 2010 - 2013
  • Children's Hospital Medical Center Corporate Leadership Council , 1997 - 2001
  • Greater Cincinnati Kenyon College Alumni Association, President, 1993 - 1997