Ohio’s 3 Largest Cities are the Worst in Preterm Birth Rates

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Cleveland Receives an ‘F’ in Preterm Birth Rates

In a recent study released by the March of Dimes, Ohio results are shocking. The study focuses on preterm birth rates. The ultimate goal is to measure and report progress to reduce preterm births nationwide.

A preterm birth is defined as a birth that occurs prior to 37 weeks of gestation, based on the estimated age of the child. The March of Dimes estimates that 1 in 10 babies is born prematurely, with the potential impact of lifelong complications as a result.

For Cleveland, Columbus and Cincinnati, the preterm birth rates are among the worst in the nation! Considering our booming healthcare industry and resources, these figures are unacceptable. When it comes to carrying and delivering our precious angels, these facts and figures are frightening.

The Implications of Preterm Births

Preterm birth is cited to be the number one contributing factor for infant mortality. In addition, preterm births pose a higher risk for a variety of birth injuries and complications;

  • Damage to the Senses
  • Respiratory Complications
  • Mental and Developmental Delays
  • Feeding and Digestive Issues
  • Underdeveloped Organs
  • Breathing Problems
  • Cardiac Issues
  • Cerebral Palsy

The final weeks of a pregnancy are critical for the growth and development of a baby. While preterm births occur for a multitude of reasons, the poor grades across the state of Ohio indicate our medical community is not up to par and changes need to be implemented to drastically reduce preterm births. Ohio has reduced preterm birth rates in pregnancies before the 32 week mark, as well as making small improvements in preterm births as a whole.

Receiving proper care during every stage of your pregnancy is critical to ensuring your precious child enters the world safe and secure. While many preterm birth issues may be caused by outside factors, understanding your health and potential complications is equally important. If you experienced complications during your pregnancy or delivery and it resulted in an injury to you or your child, you must call me as soon as possible!

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.

 

Delayed Accident Injuries

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Handling a Delayed Injury Following an Accident

In the minutes, hours and days following a car accident our bodies can react differently. The degree of injury depends on a multitude of variables such as; the circumstances of the accident, your pre-existing health, pain tolerance, etc. For some, injuries present themselves immediately and require emergency care. However for many individuals, injuries may be delayed and thus not present themselves for days, weeks or even months! The importance of recognizing the symptoms and seeking care can be the effect the chance for a full recovery and fair compensation.

Delayed injuries resulting from vehicle accidents can present in many forms. Here are some common injuries that may present as delayed symptoms following a car accident:

  • Muscle and tissue damage
  • Back pain
  • Cardiovascular trauma
  • Neck injuries
  • Nerve pain
  • Head trauma
  • Internal bleeding

The Road to Recovery for an Accident Victim Can be Unbearable

For those that experience immediate injury following a car accident, legal claims are almost undeniable. For victims that experience a delayed injury, healthcare and insurance professionals may be quick to dismiss the claim. Self awareness can be your greatest asset following an accident. By being aware of a subtle injury can make a huge difference.

For an accident victim that suffers a delayed injury, the statute of limitations in Ohio is 2 years from the discovery of the injury. This protects accident victims and extends the window in situations where an injury is not immediately diagnosed. For minors, the window extends to 2 years past the victims’ 18th birthday.

Whether your accident occurred one day ago or one year ago, it is critical that you contact me immediately.

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.

Solution to Reducing Medical Malpractice Claims?

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The Black Box Approach to Preventing Medical Malpractice

These days we are using recording equipment and cameras more than ever before. Advanced technology coupled with lower cost and increased availability make cameras an excellent option for a variety of applications. From dash cams on police and emergency response vehicles, body cams on officers, traffic light cameras, security monitoring devices for homes and buildings and more – The list is endless! Our camera technology is widely praised and accepted, even as part of the law and order process. When it comes to medical care and procedures, a camera can be a useful tool to protect both patients and medical professionals. That begs the big question – why are cameras not allowed in the operating room or in hospitals and medical facilities?

As a legal professional with decades of experience representing clients against horrific medical malpractice claims, I can tell you with certainty that cameras in ORs and other hospital and medical facilities will be fought tooth and nail by the healthcare industry. From big insurance companies to big pharma, doctors and medical experts tasked with our care, cameras would blow the top off of the culture of secrecy in our medical industry.

The Impact of Cameras in the OR

If we look at an operating room for example, a camera and its subsequent recordings can be used for both monitoring surgical procedures and educational opportunities.

Monitoring would offer medical professionals and patients alike with protection. For doctors and medical staff, patients cannot accuse them of wrong doing so long as the recording is proven accurate and unaltered. For patients, proof of negligence would be irrefutable – Which is also arguably a benefit to the medical community as well, preventing dangerous individuals from providing care.

So why are cameras hotly opposed? Medical experts claim recording procedures would be a breach of doctor / patient confidentiality, and may create a potential for abuse, I personally think that both of these reasons are completely unsubstantiated!

From the privacy standpoint, recordings would be handled just as carefully as patient medical records and other personal information. From the abuse perspective; a potential increase in medical malpractice claims, simply boils down to the very basic principle that if you did nothing wrong, there is no case!

Recently, a few instances of medical malpractice has brought this issue to the forefront again, but to no avail. Theoretically, cameras in the operating room and in our healthcare facilities could reduce medical malpractice claims exponentially across the board!

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.

Black Friday Can Be a Real Pain – Literally

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Risk of Injury Increases During the Holidays

Black Friday – the largest shopping weekend of the year is associated with an array of potential dangers due to the hustle and bustle on roadways and in the stores. Whether you are shopping or just going about your daily business, the heightened activity level can result in catastrophic events. Stay alert and be safe with these 4 simple safety tips!

  1. Rest and Relaxation This may seem counter intuitive for any seasoned Black Friday shopper, but it is absolutely necessary! For many, early hours, long days and sleepless nights can pose incredibly dangerous circumstances on the road. If you plan to shop this weekend, be sure to get plenty of rest so you don’t tire at the wheel when driving. Be vigilant and alert on the roads since higher traffic, potential bad weather, alcohol use and sleepiness all contribute to hazardous conditions and injury.
  1. Be Aware of your Surroundings News stories tend to hype the drama related to crowds, but there is definitely a level of danger that exists. Serious injury can result anytime a large group of individuals vie for precious openings in a limited physical space. From physical altercations to accidental falls, trampling, crush injuries and more – The key to safety is to be 100% aware of your surroundings at all times. Pay attention to the crowds’ behavior as a whole, and ensure you always have a grasp on exit areas.
  1. See Something, Say Something Due to the abundance of foot and vehicle traffic, security and law enforcement presence is likely to be heightened during the holiday season. If you observe an unsafe condition, even something as minuscule as a spill or broken glass – Report it to a security officer or store representative. Many injuries occur because of overlooked or careless messes, and could easily be prevented! Furthermore, for your safety and the safety of your fellow shoppers, speak up if you see anyone behaving erratically or dangerously.  Report the person to authorities immediately.
  1. Slow Down The may be the last, but arguably the most important tip. I have seen so many injuries that could have been prevented if only the individuals had just slowed down!  Injuries result from running down stairways or escalators, winding through crowds, trampling young children or backing up a car into a pedestrian – The price of carelessness is too steep, for both the injured victim and the negligent party.

The deals are tempting, and the holiday spirit is undeniable, but keep yourself and your family safe this Black Friday and throughout the season! If you or a loved one is injured over the holiday weekend, contact me 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.

Airbnb Injury Concerns – Risks for Both Sides

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Airbnb, a popular lodging rental website, has experienced amazing growth, and now serves almost 200 countries worldwide.  In Northeast Ohio there are more than 50 available rentals for the upcoming Thanksgiving weekend alone, ranging from $30- $600. This is similar to the ‘old-world’ concept of opening your door for a neighbor in need; but these times are arguably very different. The risks and liabilities for both parties can quickly outweigh the short-term income or savings.

Preventative Attempts

Some safety measures are in place and include a peer-based review system, and a dedicated ‘safety team’ of roughly 100 individuals worldwide. Both renters and hosts are reviewed on the basis of a variety of factors, but it is far from foolproof and the safety fleet of 100 people is almost laughable.

The Risks for Hosts

Airbnb hosts are signing up for much more than a roommate. Airbnb’s much advertised liability insurance is actually a wolf in sheep’s clothing and your insurance company isn’t happy about it. In one study, the 20 largest homeowner’s insurance companies in the US were polled using hypothetical (In some cases, actual) scenarios that could stem from an Airbnb related claim. Generally, most insurance claims are void if an incident occurs from an in-home business. This is a major issue, and if an incident occurs, the host can lose everything.

Widely known as a thought sharing process, Airbnb executives are completely invested in their own best interest, and not their customers or hosts. This is, after all, the nature of the business beast. As a host, your rights, insurance policy and and other risks should be carefully weighed.

Guest Nightmares

From the guest perspective,  insurance and liability can be equally troublesome! From dog bites to falls and everything in between – Airbnb properties have been responsible for their fair share of tragedies. On the very basic level – What do you actually know about the individual or the property you are checking into?

While the review system is helpful, it is still far different than checking into a hotel for the weekend. At commercial properties, certain safety inspections are regulated by state and national standards – At someone’s home, this is simply not the case. A recent tragedy at a Texas Airbnb property left one man dead.

The sharing model may be a great way to save money as a consumer, or to make money as the service provider – but the fine line between personal use and commercialization can be a very dangerous for all involved.

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.

Changing Policies Through Personal Injury Claims

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An integral part of my life and the lives of my clients is to ensure that the tragedy they suffered does not happen to another individual or family. From an auto accident, work accident, negligence, medical malpractice and more – Fair compensation is just one factor at play during a personal injury claim. For myself, and for my esteemed colleagues the world-over, changing policy is truly where a legacy is built.

Common Public Misconception

Ambulance chasers. Money grubbers. The list goes on and on, and just like any profession, there is a spectrum of talent, intelligence and dedication for which to measure against. More often then not, the derogatory names and unsavory experiences stem from someone who either has never had to enlist the services of a personal injury attorney, or one that had a poor outcome due to inexperience.

For my clients, we arrive at two absolute certainties in most cases. The first, is that preventable, irreparable actions lead to a catastrophic outcome. Second, in most cases, the rules and governing regulations could use an update, which subsequently lessens the chances of re-occurrence. In my professional experience, unfounded, frivolous claims are the minority. This is unfortunate, because the other side of the coin is the catastrophic, life altering instances that I see all too often for my clients and their loved ones.

How Policy Changes Happen

Policy change is commonly associated with landmark class action lawsuits, but even a personal injury claim, wrongful death or a medical malpractice claim can have a major impact on the way things are done. Think of the landmark medical malpractice case for Emily Jerry – A two year old that died as a result of a medication error right here in Cleveland.  As a result of her tragic death, changes were implemented as to how pharmacists and subordinates operate.  These changes will save the lives of many others.

As a victim, or if your loved one has been injured at the hands of another, I know contacting an attorney is frequently the furthest thing on your mind. I can tell you from decades of experience that if your case is viable, we can and will work together to make sure it doesn’t happen to anyone else.

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.

Will Smith’s Concussion Movie – Taking on America’s Pastime

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A Serious Topic is Hitting the Big Screens

For those of you who know me, you  know I preach against allowing children to play football.  I know concussive injuries result in long-term disability.  Hearing a recent interview in which renowned actor Will Smith stated that as a football dad in real life, the last thing he wanted to do was play a role based on the dangers on the field.

Dr. Bennet Omalu and CTE

Will Smith plays Dr. Bennet Omalu, a physician who is credited with discovering CTE or Chronic Traumatic Encephalopathy. CTE occurs as a direct result of repeated blows to the head which is commonly seen in football. In the early days of his career, everyone from the medical insurance giants, the mega healthcare corporations and the National Football League themselves accused Dr. Omalu of improprieties, even as far as to say that his findings were a result of fraud or modern day voodoo! I don’t know of anything that could possibly illustrate my point better – that the dangers of repetitive brain trauma get buried on the field and in the boardrooms of major institutions.

86% Percent of Americans Comprehend the Link
The numbers don’t lie! A 2013 study showed over 86% of Americans understand the basic principles between repeated concussions and long term damage that results in a diagnosis of CTE. Hindsight tells us that this degenerative disease has been affecting some of the world’s most talented athletes for over 100 years!

While we can’t expect the NFL to close the proverbial doors – We can continue to shed light this very serious and tragic topic. ESPN reported that 96% of NFL players who died during the last decade were subsequently tested and found to show CTE. – This is an issue that is not going anywhere. View the poignant trailer for the movie Concussion here.

As your Ohio catastrophic 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.

Akron Plane Crash – Victims and Families Anxiously Await Details

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The Unthinkable Happened Right Here in Akron, Ohio

Ripped from the headlines, the devastating news of a plane crash in Akron is almost inconceivable. What should have been a business trip for the individuals on a private flight bound from Florida, ended in tragedy just a few short miles from their destination.  Named the deadliest plane crash in Akron’s history, the events that unfolded, and the subsequent heartache for the victims and their families is unimaginable.

The National Transportation Safety Board is Investigating

The NTSB is currently looking into the potential causes of the crash.  No call for distress was reported prior to the plane going down, so many are left wondering what exactly occurred that morning in the sky. While it may be too soon to tell what happened, from a legal standpoint the plot could certainly thicken. A variety of factors could have played a role in this tragic accident, but if I were a loved one of a victim, I would want to know and be prepared.

Potential Pilot Negligence – Pilot error or negligence is always a possibility when a plane crash occurs. Negligence in operating an aircraft can come in a variety of forms;

  • Not having proper training
  • Drug and alcohol use
  • Medical conditions and more.

In the coming weeks, the the pilot and co-pilot of this plane will be under severe scrutiny. As the NTSB continues to investigate, and as the officials in Washington examine the cockpit recording in the moments leading up to the deadly impact – We will all begin to learn more about the circumstances surrounding the incident.

Airplane Manufacturer Negligence – Manufacturer negligence could have also played a significant role in this accident. According to several media outlets, the Honeywell Engines are being sent to aviation experts for testing. If it is found that the crash resulted from equipment failure,  the manufacturer could be held liable for the deaths. They will sure undergo rigorous and thorough investigation to ensure the incidents never happens again.

Maintenance Negligence –  The owner of the small aircraft, and those in charge of properly maintaining the plane may have also played a role in Tuesday’s crash. Failure to comply with preset safety and maintenance guidelines, neglecting to record or report maintenance issue, and improper owner directives could have played a role.  If this is the case, they too could be held accountable.

As we await National Transportation Safety Board and Washington’s official findings, victims and their families are left to pick up the pieces and make sense of this tragedy. My advice for all involved is to seek legal counsel before the big insurance companies have the opportunity to manipulate or bury the investigative findings! If your loved one was killed in the Akron plane crash, call me immediately.

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.

Proving Emotional Injury

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PTSD is Estimated to Effect Millions Worldwide

Believe it or not, the physical aspect of an injury is just half of the equation. In addition to severe injury, many victims suffer severe emotional trauma. While PTSD is commonly associated with soldiers, it also commonly manifests from accidents and other traumatic life events.   As a  recognized medical condition, PTSD can have lifelong adverse effects for which there is no known cure.

The Most Common Symptoms of PTSD

Following a catastrophic injury resulting from a traumatic event, victims cannot just jump back on the proverbial horse. The effects and symptoms of PTSD can be completely debilitating, and even with treatment, they can last a lifetime.

These are the most common and widespread symptoms of PTSD:

  • Sleep issues
  • Isolation
  • Depression
  • Anger
  • Anxiety

As a injury attorney, I have seen first hand just how debilitating PTSD can be for my clients. The physical demands that often accompany rehabilitation seem to pale in comparison! The fear of re-occurrence, the avoidance of any reminders, constant nightmares and other psychological symptoms can take a severe toll on your mental health and well-being.

Prevalent, but Difficult to Prove

Any personal injury case can seem insurmountable without the help of an experienced attorney. Big insurance companies, hospitals and other defensive players have resources and financial means beyond what most individuals can fathom. As an experienced attorney, I have the financial means and the motivation to get you the justice you deserve. Even when negligence has clearly occurred, PTSD and emotional scars can be difficult to prove in court. Accompanying health issues, medications, medical treatments and symptoms all factor in to pursing a successful claim for PTSD as the result of a catastrophic injury. If you or a loved one has been the victim of an accident and has suffered irreparable physical and emotion tolls, contact me today.

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.

Accidents at Railroad Crossings

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Ohio Brings Railroad Crossing Safety to the Forefront

As a result of budget limitations, a 2013 provision only provided for a limited number of dangerous railroad crossings to receive light and gate upgrades.   Since then, many more railroad crossings are being investigated for safety concerns.  The Ohio Department of Transportation (ODOT) and the Ohio Rail Development Commission have determined an additional 2,000 crossings in Ohio should receive, at the very minimum, stop signs.

What this Means for Railroad Safety in Ohio

Navigating the laws of railroad safety, responsibility and culpability as it results to proving a personal injury case can be challenging. If a client is injured at a train crossing, I must prove the injuries occurred because of the hazardous conditions. A hazardous crossing alone is not enough to prove negligence.  In the state of Ohio railroad crossings are not necessarily required to have lights, gates or even stop signs.

Soon 2,000 railroad crossings in Ohio will have stop sign rather than yield signs.  This highlights the magnitude that these crossings fall terribly short on the scale of safety and security for pedestrians and drivers alike. Injuries occur due to visibility issues, maintenance issues or in cases of high train or vehicle traffic areas. Some argue heavy vehicle traffic areas should have yield signs and forgo stop signs! According to the Ohio Rail Development Commission, high traffic areas with vehicles stopping abruptly can lead to more vehicle vs. vehicle collisions. In my professional and personal opinion, I would rather get into a fender bender than hit by a train!

In the State of Ohio, we have a vast database of all rail crossings as well as an easy way for citizens to report an overtly dangerous crossing. As an injury lawyer,  I find it absolutely necessary to hold the responsible parties accountable in the event of an injury or death at a railroad crossing. We cannot allow budgetary issues to overshadow critical safety issues.

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.