Wrongul Death – When Care Providers Fall Short

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For working parents, outside support and care is often necessary. Daycare, neighbors, after school care, etc.  As a parent, I understand how vital it is to be able to trust the people that provide care for our children. Sadly, I have held institutions accountable because they had failed to exercise appropriate care which resulted in an injury or death of a child.  This type of negligence is completely unacceptable.  No innocent child should be injured because of neglect.

In a recent Ohio tragedy, a 5 year old child wandered away from her day camp and subsequently drowned in a pond located on the property. While criminal charges may not be pursued, parent of this child have every right to pursue legal action for negligence and hold this day camp accountable!

Preventative and procedural processes

While I admittedly do not know all of the facts of this particular case, I can provide insight into what may actions may be considered negligent, thus contributing to this young girl’s death. For example, why was the child left unattended? Why is there an open, unguarded pond on the property where children are cared for?

Often, what seems to be an open and shut case can include details we are not privy to. These details can affect the outcome of any case and must be carefully investigated.  As a wrongful death attorney, it is not just about gaining fair compensation for the family; it is also about setting a precedent to change the way things are done in order to prevent such a tragedy from ever happening again. My clients are always my number one priority, but a close second is ensuring that preventable negligence and accidents don’t cause another injury or death in the future.

As your Ohio wrongful death lawyer, I’ll be there for you, and I’ll Make Them Pay!®
 
Author: Tim Misny | For over four decades, personal injury lawyer Tim Misny has represented the injured victim in birth injury, medical malpractice, and catastrophic injury/wrongful death cases, serving “ClevelandAkron/CantonColumbusDayton and neighboring communities.” You can reach Tim by email at misnylaw.com/ask-tim-a-question/ or call at 1 (877) 944-4373.

Placenta Accreta: Birth Injury Failure to Diagnose

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Celebrity Kim Kardashian announced her current pregnancy is considered high risk due to her previous bout with placenta accreta.

The American College of Obstetricians and Gynecologists identifies placenta accreta as the number one reason for a C-section.  This condition often requires a total hysterectomy immediately after childbirth. This pregnancy condition can make carrying a child to term and the birthing process incredibly dangerous for both mother and baby!

According to the Mayo Clinic, placenta accreta is a serious pregnancy condition that occurs when blood vessels and other parts of the placenta grow too deeply into the uterine wall. Typically, the placenta detaches from the uterine wall after childbirth. With placenta accreta, part or all of the placenta remains firmly attached. This can cause severe blood loss after delivery.

Placenta Accreta is Far from a Rare Condition

Placenta accreta should be diagnosed early, with ample time to monitor mother and child to ensure a healthy pregnancy and a safe delivery. It is estimated that placenta accreta occurs in as many as 1 in 500 pregnancies. The big question is why do doctors fail to identify this condition when it is so relatively common?

In cases of placenta accreta, both mother and child are at risk so if the doctor fails to diagnose the condition early, or fails to prepare adequately during the birthing process, the condition can quickly become catastrophic. The reason so many cases of placenta accreta result in an immediate hysterectomy is because the blood loss that occurs cannot be otherwise controlled..

If you or someone you know has suffered from placenta accreta in a prior pregnancy, especially if you have not undergone a hysterectomy after your previous pregnancy, your case should be evaluated immediately! Understanding the condition, and understanding the proper procedures your doctor should have in place prior to, during and immediately following your pregnancy can ultimately save your life.

As your Ohio birth injury lawyer, I’ll be there for you, and I’ll Make Them Pay!®
 
Author: Tim Misny | For over four decades, personal injury lawyer Tim Misny has represented the injured victim in birth injury, medical malpractice, and catastrophic injury/wrongful death cases, serving “ClevelandAkron/CantonColumbusDayton and neighboring communities.” You can reach Tim by email at misnylaw.com/ask-tim-a-question/ or call at 1 (877) 944-4373.

Is a Uterine Rupture My Fault?

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During childbirth, a woman’s body experiences a spectrum of physical changes that are naturally conducive to delivering a baby safely. In many cases the process may be excruciatingly painful, but the reward of a healthy, crying child makes it all worth it! As a father to 3 beautiful kids, I have been by my wife’s side during childbirth and while I am not privy to the physical pain, I am well versed in the uncertainty, fear, excitement and joy. The question is, what happens when something goes wrong as in the case of a uterine rupture?

Uterine Rupture During Childbirth

While it can happen naturally, uterine ruptures are most likely caused by physician negligence. Warning signs go unnoticed or even worse, ignored.  In some cases wrong instruments are used or adequate procedures are not followed.  If it is found that your uterine rupture could have been prevented, you may be a victim of medical malpractice and entitled to compensation.

Potential Symptoms of a Uterine Rupture

Understanding how to identify a uterine rupture is your doctor’s job – Understanding how to prove a uterine rupture could have been prevented is my job!

Signs that a uterine rupture is happening during your child’s birth include –

  • Change in fetal heart rate
  • Distress of baby
  • Drop in uterine baseline pressure
  • Abdominal pain (New, sudden or worsening)
  • Shock
  • Failure for uterus to contract
  • Hemorrhaging (excessive) bleeding

While many of these signs and symptoms can be part of the natural process, it is your medical expert’s job to identify and prevent unnecessary injuries from happening.   If you have suffered a uterine rupture during childbirth, the consequences range from scary to fatal.

  • Oxygen deprivation for your baby
  • Shock
  • Anemia
  • Hemorrhaging
  • Bladder injuries
  • Death

The potential impact of a uterine rupture during your child’s delivery can lead to result in a birth injury, prolonged adverse medical issues for the mother and more. If you or a loved one suffered a uterine rupture during delivery, it is possible that it is a result of medical negligence.

As your Ohio negligence lawyer, I’ll be there for you, and I’ll Make Them Pay!®
 
Author: Tim Misny | For over four decades, personal injury lawyer Tim Misny has represented the injured victim in birth injury, medical malpractice, and catastrophic injury/wrongful death cases, serving “ClevelandAkron/CantonColumbusDayton and neighboring communities.” You can reach Tim by email at misnylaw.com/ask-tim-a-question/ or call at 1 (877) 944-4373.

Abuse or Medical Malpractice?

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A recent article in the Annals of Internal Medicine covered a very controversial topic. Physician malpractice is typically associated with a physical injury, but what happens when a medical professional crosses the ethical line by berating a patient or uses derogatory language?

Horror stories of patients under anesthesia who hear their trusted doctors mock or sexually harass them are making headlines across the country. A recent case that made headlines involved a patient who recorded his own colonoscopy and inadvertently recorded his doctor making fun of his physical appearance and incorrectly documenting medical information on his charts.

While it may be difficult to catch the culprit in the act, there are red flags to watch out for. Pay attention to how your doctor and his/her staff treat you before and after a procedure, particularly one that involves anesthesia.

Verbal abuse as medical malpractice

Even in cases of coherent patients, medical professionals have been known to make comments that are inappropriate, condescending and emotionally traumatic. Crossing the ethical line even further are instances of derogatory racial comments or sexually explicit utterances.  These are grounds for a medical malpractice claim. Having these events occur while you are sedated, essentially defenseless, is the ultimate abusive behavior.

If you feel you or a loved one has been treated by a physician in an ethically reprehensible manner, the individual must to be held accountable. As far as medical malpractice is concerned, verbal abuse is far less documented than physical injury; essentially allowing an abusive individual to continue his/her abusive behavior without any ramifications.

As your Ohio medical malpractice lawyer, I’ll be there for you, and I’ll Make Them Pay!®
 
Author: Tim Misny | For over four decades, personal injury lawyer Tim Misny has represented the injured victim in birth injury, medical malpractice, and catastrophic injury/wrongful death cases, serving “ClevelandAkron/CantonColumbusDayton and neighboring communities.” You can reach Tim by email at misnylaw.com/ask-tim-a-question/ or call at 1 (877) 944-4373.

School Bus Accidents

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As a licensed driver it is imperative to understand traffic laws. In particular, the laws that relate to the safety and operation of a vehicle in or around a school bus stop or child loading area.

An estimated 23 million students ride buses on a daily basis.

Shockingly, more than 70, 000 drivers pass school buses illegally on a daily basis! That means 70,000 chances  a child could be hit getting on or off of a school bus. As a parent and as a legal professional, I find this deplorable.

Traffic laws in all 50 states make it illegal to pass a school bus while children are loading onto or off of a bus. Flashing lights, stopped traffic, and young children in their path are not enough to deter careless, negligent drivers.

Holding Reckless Drivers Accountable and Keeping Kids Safe

Despite continued efforts, the staggering number of drivers who have total disregard for the safety of children continues to rise. As a parent and as an attorney I think it is abhorrent to behave recklessly at any time, but particularly near schools, in school zones or anywhere in the vicinity of a school bus; especially during the loading and unloading process.

If your child suffered an injury due to driver’s negligence –  call me today!  I will meet with you any time and any place that is convenient for you.

Prevention of reckless behavior is a must, and those that injure our children must not go unpunished.

As your Ohio accident lawyer, I’ll be there for you, and I’ll Make Them Pay!®
 
Author: Tim Misny | For over four decades, personal injury lawyer Tim Misny has represented the injured victim in birth injury, medical malpractice, and catastrophic injury/wrongful death cases, serving “ClevelandAkron/CantonColumbusDayton and neighboring communities.” You can reach Tim by email at misnylaw.com/ask-tim-a-question/ or call at 1 (877) 944-4373.

 

Injuries at Sport Venues

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While an injury can occur at any time or place, sport venues are arguably prone to a significant number of injuries. That begs the question, who is responsible if a person is injured at a sports venue? Large crowds, flying objects, alcohol use, coupled with stadium design can all contribute to injury and sometimes tragedy.

Most Sport Venue Injuries Fall into Two Categories

In most, but not all cases, sporting facility related injuries fall into two different types:

  1. Venue premise liability
  2. Injuries from sporting equipment

Sporting equipment injuries commonly result from being hit by foul balls, a stray bat or diving player. Premise injuries lend more to slips, falls or other injuries.. In either scenario, simply attending an event does not waive your rights to individual safety – However it does require proof that the owner or owners were negligible and that resulted in your injury.

Proving negligence requires my legal expertise, expert witnesses, diligent research and discovery and many other factors.! My passion is proving that had preventative measures been in place, my client’s injuries would not have occurred. Furthermore, forcing the implementation of preventative measures and displaying the seriousness of the situation through legal recourse, will save others from future injury.

Have fun, be safe!

At your next Browns game, Indian’s game or Cavs at the Q – Enjoy your time and take care to pay attention to individuals and your surroundings. If you or a loved one suffers an injury at a sport venue, contact my offices immediately!

 

As your Ohio personal injury lawyer, I’ll be there for you, and I’ll Make Them Pay!®
 
Author: Tim Misny | For over four decades, personal injury lawyer Tim Misny has represented the injured victim in birth injury, medical malpractice, and catastrophic injury/wrongful death cases, serving “ClevelandAkron/CantonColumbusDayton and neighboring communities.” You can reach Tim by email at misnylaw.com/ask-tim-a-question/ or call at 1 (877) 944-4373.

Misny I’ll Make Them Pay!® Moment – Birth Injury

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For the last 4 decades I have successfully represented birth injury victims and their families in the courtroom.

As a husband and father, I can definitely ascertain that being a mother is the most difficult job in the world. When you factor a birth injury into the equation, your job as a mother becomes exponentially more emotional, complicated and expensive! I want to share a story with you, about a client that reached out regarding her child’s birth injury – The catch? Her child’s birth injury occurred 8 years ago!

In this particular situation, and in many like it across the country, a mother has been providing care for her child that suffered a permanent and debilitating injury during the birthing process. In many cases that I have seen in my 20 offices across the state of Ohio, even minor birth injuries require expensive, continued care that will likely last a lifetime. I have also seen an abundance of cases in which my clients are overwhelmed, misinformed and essentially defeated – Leading them to never seek the justice their family deserves. Making that first phone call to my office, and scheduling that first appointment with me is the beginning of a journey – Your case becomes my case, your worries become my worries and I am available to you any time, any place with just a call to my direct cell phone.

The Common Fears and Trials Birth Injury Victims Face

The very first thing I asked my client when she called, right around her son’s 8th birthday – is why had she waited so long? Essentially overwhelmed but managing, she had finally reached a point where she came to the realization that she couldn’t do it any longer alone and further, that she was not going to be around forever. These are two incredibly emotional realizations to have to come to terms with, but in many birth injury cases this is reality. The sooner we get to work on your case, the faster we can get you the compensation you deserve. Never, ever wait to call my office if your child has been injured! Do not listen to the healthcare providers, call my offices immediately.

In Ohio, birth injury cases have a statute of limitations that ends on your child’s 19th birthday. Time is off the essence, particularly if your child’s birth did not occur recently.  Birth injury cases are intensive, expensive cases – But we will get your family the justice you deserve!

See my latest I’ll Make Them Pay!® Moment on the topic!

As your Ohio birth injury lawyer, I’ll be there for you, and I’ll Make Them Pay!®
 
Author: Tim Misny | For over four decades, personal injury lawyer Tim Misny has represented the injured victim in birth injury, medical malpractice, and catastrophic injury/wrongful death cases, serving “ClevelandAkron/CantonColumbusDayton and neighboring communities.” You can reach Tim by email at misnylaw.com/ask-tim-a-question/ or call at 1 (877) 944-4373.

Medical Negligence – Wrong Site Surgeries

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Medical Malpractice – Wrong Site Surgery

Many people think surgery on the wrong body part is something that occurs in movies or stuff urban legends are made of. In today’s high tech world it seems inconceivable that wrong site surgeries still occur!   Unfortunately, these situations do happen in real life – an average of 40 or more times per week across the US!

Many will claim that these numbers are inflated, but instances of wrong site surgeries must be reported. The issue is these numbers are not readily available for public consumption. Regardless, wrong site surgeries can, and do yield tragic consequences.

Carelessness, Miscommunications and Negligence lead to Wrong Site Surgeries

It is difficult to understand how such a terrible mistake can occur on the operating table. How can an individual with years of medical training, surrounded by a team of other similarly intelligent people make such an egregious error? Patients and their families are devastated. Once the initial shock wears off they are left to deal with a second medical issue since their primary medical issue was never resolved

In medical facilities, preventative measures are in place with repetitive confirmations on who the patient is, what they are there for – and even as far as to physically draw on the area on operation day prior to the procedure. Make no mistake, wrong site surgeries occur due to carelessness, and are never your fault as the patient! As your medical negligence lawyer, my goal is to obtain fair compensation for you and to make sure this never happens again by holding the responsible parties accountable for their actions.

Examples of Wrong Site Surgeries

Many resources claim that the most common types of wrong site surgeries are in orthopedic or ocular (eye) procedures. This could be a simple case of ‘switched sides’ in which a patient is scheduled for a procedure on the left and mistakenly has the operation completed on their right side. Other examples include mix-ups that are completely unrelated, or in severe occurrences, wrong amputations or surgeries completed on the completely wrong patient leading to lifelong impact or even death.

Repercussions can include a long, expensive road to recovery. Not only have I seen clients that have to recover and rehabilitate from having an erroneous procedure – but they also face complications resulting from not having the proper procedure done in the first place.

I will fight to get you or your loved one fair compensation and hold the doctors, nurses and medical facility accountable.

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

 
Author: Tim Misny | For over four decades, personal injury lawyer Tim Misny has represented the injured victim in birth injury, medical malpractice, and catastrophic injury/wrongful death cases, serving “ClevelandAkron/CantonColumbusDayton and neighboring communities.” You can reach Tim by email at misnylaw.com/ask-tim-a-question/ or call at 1 (877) 944-4373.

Personal Injury – Ohio Shared Fault Law

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In Ohio, there are laws in place to determine legal culpability in personal injury cases where more than one party is at fault.. As a personal injury attorney, I advise my clients on the law, but I also ensure they fully understand that they can still file an injury claim even if they share in the fault of their injury.

Shared fault; contributory and comparative negligence.

The first thing I typically hear in shared-fault scenarios is that my client feels they are not able to pursue an injury claim because they may have had a part in the injury that occurred. This can be as simple as getting into a car accident and your turn signal was inoperable at the time of the accident.  The other party can claim you are partially at fault because of a faulty turn signal on your vehicle. This doesn’t mean you are not entitled to a personal injury claim, it means I need to do my job as a legal expert to gain you the justice you deserve!

In cases of contributory negligence, where for example a person runs a red light and is injured in the resulting car accident, many states consider this grounds to prevent any legal recourse. Comparative negligence is very different and very complex, and in Ohio, we operate under a modified comparative negligence law.This means that if a person shares some burden of liability in the accident or injury, it can effect the amount of monetary compensation awarded. However if a person shares more than 50% of the liability, no injury claim can be filed.

Comparative Negligence Math

Using the previous example, if it is found that the faulty turn signal played a 5% role in the accident that occurred, the settlement/award would be reduced by 5%. This means the claimant would still receive 95% of the award value. The percentage breakdown is determined based on a variety of factors, including factual information from police reports, insurance reports, traffic and safety laws and more. This is obviously a very simplified example, and as we know, most cases are not this cut and dry. As your personal injury attorney, I will fight to prove that the other negligent party bares the burden of fault.

Ohio comparative negligence laws have been in place for almost 40 years, and have served to provide my clients a way to gain compensation and justice that is well deserved. Prior to these laws, and similar to contributive negligence, if you played any role in your injury then the negligent party could make the case that prevented the suit from ever being filed. It is important to understand your rights as the injured victim, and a large part of my job is to educate you and your loved ones.

As your Ohio accident lawyer,  I’ll be there for you, and I’ll Make Them Pay!®
 
Author: Tim Misny | For over four decades, personal injury lawyer Tim Misny has represented the injured victim in birth injury, medical malpractice, and catastrophic injury/wrongful death cases, serving “ClevelandAkron/CantonColumbusDayton and neighboring communities.” You can reach Tim by email at misnylaw.com/ask-tim-a-question/ or call at 1 (877) 944-4373.

 

The Source of My Passion

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It doesn’t take much time with me before my clients and my potential clients come to the realization that my passion and drive is larger than life. I get asked the question frequently, and recently as I settled a claim for a family in a wrongful death case, I explained that my drive and passion comes from my very own family’s experience in a wrongful death tragedy.

My Mother’s beloved father was an immigrant bricklayer, moving from Croatia to Cleveland to make a better life for his family. During the construction of Tower City Center downtown, a tragic incident lead to his death. A normal day at work was suddenly life changing when a scaffolding collapse sent him falling to his death, and my Grandmother was left to pick up the pieces.

My Grandmother has to bear the loss of her husband and partner in life, but is then also left alone to raise and provide for 3 little babies! She was unable to read or write a word of English, but did what she could to make ends meet.

One day, when I was a young boy, my Grandmother and I went for a visit to Tower City Center. We took the 2 or 3 buses from Euclid to downtown, and we walked into the concourse hand in hand. She showed me the magnificent gold dome, and explained to me that my Grandfather helped to build it. When I asked who lived there, she explained that these offices were lawyers, and that if I worked hard and studied, I would have an office here too. She said there will always be people that need you.

This resonates with me every single day. This is exactly why I do what I do to fight for my clients.

From start to finish, from our very first meeting to the close of mediation, your case becomes my case. It is much more than a ‘job’ or a goal. My family has seen first hand where catastrophic injuries and wrongful death can send ripples and have an impact for generations! The importance of gaining fair compensation becomes the only priority in my mind.

View my most recent ‘I’ll Make Them Pay!® Moment’ on this very story here!

As your Ohio wrongful death lawyer, I’ll be there for you, and I’ll Make Them Pay!®
 
Author: Tim Misny | For over four decades, personal injury lawyer Tim Misny has represented the injured victim in birth injury, medical malpractice, and catastrophic injury/wrongful death cases, serving “ClevelandAkron/CantonColumbusDayton and neighboring communities.” You can reach Tim by email at misnylaw.com/ask-tim-a-question/ or call at 1 (877) 944-4373.