Increased Motorcycle Accidents Due to Warmer Weather in Ohio

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Being a life-long Clevelander, there are some things I have to come to expect when the weather starts to warm up in the Spring. Daylight savings time brings longer days, more people are out and about, the green comes back on the trees, and you start hearing the rumble of motorcycles.

Anyone who rides a motorcycle can’t wait to get back on the road after a long Winter, but riders need to understand it takes time for motorists to get used to sharing the roads with motorcycles again. According to drivers, the most common reason for motorcycle accidents is that the driver never saw the motorcyclist.

The more motorcycles on the road, the more accidents there will be.

Recent statistics show almost 400,000 people in Ohio own motorcycles. During the Winter months, most of those motorcycles are hibernating in garages, but the change in season brings them onto our roadways.

With accidents more likely to occur due to increased motorcycle volume, it is important for drivers and motorcyclists to do everything they can to keep the roads safe. Motorcycles leave riders extremely vulnerable. In fact, riders are 30 times more likely to die in a crash than those driving in ordinary vehicles, and five times more likely to be injured. Despite increased risk for motorcycles, accidents are dangerous for everyone involved. 

With warmer weather and the return of motorcycles making our roads more congested and dangerous, all drivers/riders can do the following to protect themselves and others:

Drivers must:

  • Be aware of motorcycles at all times.
  • Use proper driving signals.
  • Check all mirrors and blind spots.
  • Avoid any and all driving distractions.
  • Give motorcycles the distance and space they need.
  • Avoid anything that will impair their driving.

Motorcyclists must:

  • Follow traffic laws.
  • Obtain proper licensing.
  • Wear all proper equipment, including a helmet and reflective tape.
  • Avoid any and all road distractions.
  • Avoid riding in harsh weather conditions.
  • Avoid riding while impaired in any way.

If you or a loved one was involved in a motorcycle accident, you have to call me right away at 1 (877) 944-4373. I can help you get the compensation you deserve.

As your Ohio Motorcycle Accident Lawyer, I’ll be there for you, and I’ll Make Them Pay!®

Author: Tim Misny | For 33 years, personal injury lawyer Tim Misny has represented the injured victim in birth injurymedical malpractice, and catastrophic injury/wrongful death cases, serving “Cleveland, Akron/Canton, Columbus & Cincinnati, Ohio.” You can reach Tim by email at tmisny@misnylaw.com or call at 1 (877) 944-4373.

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Ohio Workers’ Compensation Claims Process

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If you have ever been injured at work, you know it can be a delicate situation. Often times, instead of getting necessary medical care, employees spend more time worrying about how the injury will affect their job than about their personal well-being.

Employees are afraid to come forward about their injuries in fear of getting fired. They worry about taking time off to get better. They even worry they will be blamed for causing the injury.

As an employee working in Ohio, it is important for you to understand the workers’ compensation claims process.

Whether your work injury happened suddenly as the result of an accident, or it is caused over time by a repetitive work activity, you have to report it as soon as possible. Inform your employer of your injury and/or medical diagnosis, and follow any accident or injury report procedure at your place of employment.

Next, you need to file an application for workers’ compensation. This application is called the First Report of Injury (FROI). Once you, your attending physician, or your employer files this report, you are assigned a claim number. You will also receive a Bureau of Workers’ Compensation identification card. This card will help you obtain medical services for your injury.

After your work injury occurs, you need to call an experienced Ohio workers’ compensation lawyer to help you protect your rights and get the compensation you deserve.

The workers’ compensation claims process can be confusing, and a lawyer who knows what he or she is doing can help you sort through the confusion. The system isn’t always on the employee’s side, so you can have to do everything you can to protect yourself.

If you were injured while working in Ohio, you may be entitled to benefits. Call me right away at 1 (877) 944-4373. As your Ohio workers’ compensation lawyer, I’ll be there for you, and I’ll Make Them Pay!®

Author: Tim Misny | For 33 years, personal injury lawyer Tim Misny has represented the injured victim in birth injurymedical malpractice, and catastrophic injury/wrongful death cases, serving “Cleveland, Akron/Canton, Columbus & Cincinnati, Ohio.” You can reach Tim by email at tmisny@misnylaw.com or call at 1 (877) 944-4373.

Why do anesthesia mistakes happen and how can they be prevented?

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Over 40 million doses of anesthesia are administered annually in the United States. It’s hard to believe a drug used so commonly kills one in every 200,000 patients. Can you imagine sending a loved one in for surgery, only to learn they were harmed by the very medication that was supposed to keep them safe?

Statistically, complications arising from anesthesia mistakes may be just as a dangerous as surgical mistakes. The administration of anesthesia is thought of as just part of the procedure. Often times, doctors and other medical professionals consider it to be as routine as scrubbing in, and that is the problem.

The following are the top 3 reasons anesthesia mistakes occur so frequently:

1. Lack of Communication

When you go in to a hospital for surgery, many people are responsible for your care. Often, these medical professionals do not effectively-communicate with one another. This lack of communication can be very dangerous, especially when it comes to administering a powerful medication such as anesthesia.

2. Under/Improperly-Trained Anesthesiologists

In a surgical setting, anesthesiologists often receive on-the-job training. Typically, patients get to know their surgeons, however, it isn’t uncommon to go into surgery without ever meeting the person administering your anesthesia.

3. Unprepared Anesthesiologists

The administration of anesthesia is highly dependent on many individual factors, such as the age/weight of the patient, the patient’s past history with the medication, and the patient’s medical history. Before determining the correct type and dosage of anesthesia, your doctor must be adequately prepared. A doctor’s failure to read chart notes and/or a patient’s medical history, as well as failing to communicate directly with the patient, can result in serious injury or even death.

Two common issues affecting doctors are: surgical centers and emergency rooms are often (1) overcrowded and (2) understaffed.

In any line of work, rushing to get things done can lead to mistakes, but for medical professionals, rushing to get things done can affect someone’s entire life.

As a patient, it is important to stay informed. Make sure you ask a lot of questions not only about your surgical procedure, but about the anesthesia you will receive for your procedure. Find out who will be administering your anesthesia and communicate your past medical history with every doctor who is responsible for your care.

Only you can prevent yourself from becoming the victim of an anesthesia mistake. However, sometimes no matter what you do, mistakes happen. If you or someone you love was injured or killed as a result of anesthesia mistake, you can have to call me right away at 1 (877) 944-4373. I can get you the compensation you deserve.

As your Ohio medical malpractice lawyer, I’ll be there for you, and I’ll Make Them Pay!®

Author: Tim Misny | For 33 years, personal injury lawyer Tim Misny has represented the injured victim in birth injurymedical malpractice, and catastrophic injury/wrongful death cases, serving “Cleveland, Akron/Canton, Columbus & Cincinnati, Ohio.” You can reach Tim by email at tmisny@misnylaw.com or call at 1 (877) 944-4373.

Anesthesia Mistakes are a Leading Cause of Medical Malpractice in Ohio

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Being told by a doctor you or a loved one has to have surgery can be scary. Most people are fearful something will go wrong during the surgery. Some worry their surgeon will make a mistake, others worry about infections, but many overlook the risk of anesthesia mistakes.

Over the course of a year, anesthesia is administered around 40 million times, and out of those 40 million patients who receive anesthesia, one in every 200,000 die from an anesthesia mistake. Most people think the real danger is surgical malpractice, but patients are in serious danger before their surgeon even picks up the knife.

Anesthesia mistakes commonly leading to medical malpractice include:

  • Patients getting too much or too little anesthesia
  • Delays in administering anesthesia
  • Giving patients the wrong kind of anesthesia
  • Mixing anesthesia with other prescriptions improperly
  • Giving anesthesia to patients with allergies
  • Failure to inform a patient he or she should not eat prior to receiving anesthesia
  • Failure to provide patient with enough oxygen while under anesthesia
  • Failure to monitor patient properly while under anesthesia
  • Using defective equipment/medical devices when administering anesthesia

Medication errors happen every day, but when you have a medication as powerful as anesthesia, the error can be deadly.

Complications arising from the misuse of anesthetics can cause a wide range of medical problems including:

  • Asphyxiation (loss of oxygen)
  • Aspiration of stomach contents
  • Allergic reactions
  • Damage to the windpipe
  • Birth defects
  • High blood pressure
  • Irregular heartbeat
  • Heart attack
  • Stroke
  • Coma
  • Brain Damage
  • Death

If you or a loved one suffered any of these injuries as a result of an anesthesia mistake, you have to call me right away at 1 (877) 944-4373. I can help you evaluate your case and get you the compensation you deserve. As your Ohio medical malpractice lawyer, I’ll be there for you, and I’ll Make Them Pay!®

Author: Tim Misny | For 33 years, personal injury lawyer Tim Misny has represented the injured victim in birth injurymedical malpractice, and catastrophic injury/wrongful death cases, serving “Cleveland, Akron/Canton, Columbus & Cincinnati, Ohio.” You can reach Tim by email at tmisny@misnylaw.com or call at 1 (877) 944-4373.

Ohio Personal Injury Law: Damage Caps

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It’s been about 10 years since Ohio legislators responded to our country’s campaign for tort reform. The term tort reform refers to a nationwide change in the way the law handles personal injury cases by placing limits, also known as caps, on the kind or amount of damages someone can receive.

Critics of tort reform argue tort reform takes away the victim’s right to compensation, and violates constitutional rights, while proponents think it is necessary to prevent frivolous lawsuits, unwarranted jury verdicts, and increased health care costs.

Ohio law places caps on non-economic damages and punitive damages in personal injury lawsuits.

In personal injury cases, plaintiffs must prove they were injured as a result of someone’s negligence, and that he or she was damaged because of the resulting injury. Some damages are economic in nature and are easy to value – medical bills, lost wages, property damage, etc.

However, other damages are not based on economic loss, but are instead based on things like pain and suffering and emotional distress. It isn’t as easy to place a value on those damages, so we have to rely on the subjective opinion of a jury. That is why legislators felt compelled to place a limit on how much someone can receive for non-economic damages.

The damage caps in Ohio are broken down into the following:

  • Plaintiff’s damage award is limited to $250,000 or three times the economic damages (whichever is greater). However, it cannot exceed $350,000/plaintiff and $500,000/occurrence.
  • For catastrophic injuries, the absolute limit increases to $500,000/plaintiff and $1,000,000/occurrence.
  • Punitive damages are limited to two times regular or compensatory damages. (or 10% of the defendant’s net worth if the defendant is an individual or small employer, not to exceed $350,000.)

With these damage caps in place, it can sometimes be difficult to get the compensation you deserve. It is important to call an experienced personal injury lawyer to help you navigate these laws. If you or a loved one was injured as a result of someone’s negligence, you have to call me right away at 1 (877) 944-4373.

I have the resources and experience necessary to fight for your rights. As an Ohio personal injury lawyer, I’ll be there for you, and I’ll Make Them Pay!®

Author: Tim Misny | For 33 years, personal injury lawyer Tim Misny has represented the injured victim in birth injurymedical malpractice, and catastrophic injury/wrongful death cases, serving “Cleveland, Akron/Canton, Columbus & Cincinnati, Ohio.” You can reach Tim by email at tmisny@misnylaw.com or call at 1 (877) 944-4373.