Holiday Injury Avoidance Tips

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Celebrate the Season & Stay Safe!

We are well into the 2015 holiday season and it is simply unbelievable!  We may not have the snow and cold temperatures we are used to, but the holiday spirit is alive and well.  Keep in mind, this time of year also brings a potential increase in slips & falls and traffic accidents.  Keep you and your family safe this holiday season. Do not drink and drive.  Do not drive when you are tired.  Do not text and drive! Keep your eyes and ears open!

Keep Safe & Cheerful Outdoors

Last minute errands, packed roads, strange weather and general holiday stress are all running at full capacity this time of year. From the increase in traffic to the increase in tasks and plans – it seems we are running from one place to the next spreading Christmas cheer. Remember to slow down and abide by all traffic and safety laws.  Be aware of your surroundings, and plan ahead for unpredictable or inclement weather!

Plan for extra travel time and long store lines. From groceries to gifts, everyone is out and in a hurry. Keep a close eye on your little ones; keep them in a cart or stroller when possible. Be vigilant to avoid potential dangers, broken items, and other hazards because store employees are often overburdened and can’t keep up!

Home Safety During the Holidays

Before the holiday season take the time to test your fire, smoke and CO2 detectors. Between Christmas trees, cooking, space heaters, colder temperatures and decorations, the chance for electrical issues and fire definitely increases.

In the kitchen, be mindful of small children and potential hazards around the stove. Sharp objects and other dangerous utensils can accidentally be left out and in reach of small children..   The same goes for decorations, treats and new toys; be mindful of potential dangers.

Celebrate and Enjoy!

The holidays are definitely a favorite time of year in the Misny household, and it is important to remember to slow down, stay safe and enjoy all of the little things these magical moments have to offer!

Wishing You Happy Holidays and Happy New Year!

Plow Truck Driver Safety and Liability

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During the winter months it is hard to miss the abundance of plow trucks on our Cleveland roadways! We all enjoy a clear parking spot, a safe driveway and a dry sidewalk , but plow accidents occur more frequently than you know.

For those of us driving or utilizing a store parking lot, it is essential to give a plow truck driver plenty of room to operate his truck. As with emergency vehicles, a city plow truck must have ample space to pass. The size and nature of the plow equipment is no match for our cars and SUVs.  Serious and sometimes fatal events occur from impact with a large municipal or county plow truck.

Plow Truck Driver Safety

For plow truck drivers the winter season can be a great opportunity to earn a significant income. Long-lasting snow storms can mean long hours behind the wheel of a plow truck driver with little to no rest.

The nature of the business and the demanding schedule can often lead to operator safety concerns. Exhaustion is a very real safety concern for plow truck drivers, and in some cases, substance abuse issues can also enter the equation. Whether it is the quick schedule changes or the need to stay awake and alert for long periods – drivers may look to unsafe supplements to get them through a shift.   As with any truck, a plow can quickly become a killing machine when the driver is negligent and operating at high speeds in busy spaces.

Plow Truck Safety

For snow removal companies, equipment upkeep is certainly important since the trucks endure a regular beating. This doesn’t mean companies adhere to a strict maintenance program. Rushed maintenance, temporary repairs and ignored mechanical issues are all too common.

Failure to properly repair and maintain a fleet of trucks can cost the business owner a lot money in the long run. One collision with a plow truck can quickly lead to a life changing injury.  If the accident was a direct result of equipment failure, it could cost the business owner his business!

If you or a loved one was injured as a result of a plow truck driver’s negligence or faulty equipment, it is critical that you contact me as soon as possible.  Never settle with the insurance agency!

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.

Heartbreaking Accident Statistics in Ohio

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Grave Statistics in 2015 Ohio Accident Reports

Recent reports released from the Ohio Department of Public Safety have drivers, city officials and emergency personnel astounded. Sadly, the numbers don’t lie, but the real tragedy about accident fatalities is that they are almost entirely preventable.

In one Northeast Ohio county, traffic deaths in 2015 are up 200%, with more than 50% of the deaths due to drugs or alcohol use. Many of these accidents involved innocent victims who were killed as a result of someone else’s negligence. Other contributing factors include unsafe speed, improper seat belt use, poor weather, bad road conditions and distractions.

Ohio Accident Fatalities by County According to the Ohio Department of Public Safety

  • Lorain County – Accident Deaths up 200%
  • Lake County – Accident Deaths up 20%
  • Cuyahoga County – Accident Deaths up 40%

The only exception appears to be Geauga County, whose fatality rate decreased 36% from 2014. Geauga County safety and enforcement personnel attribute this to tougher drug and alcohol enforcement and a lack of severe weather.

Most of us do our best to make the right driving decisions; We wear our seat belts, avoid distractions, avoid driving impaired and follow all traffic laws, but sometimes this just isn’t enough to be safe.

Car Accidents and Injuries

It is incredibly important to remember that the aforementioned statistics indicate lost lives. They are mothers, fathers, sons, daughters, husbands, wives, sisters and brothers. Every single data point in these statistics indicates a lost loved one.

As your car accident attorney, I will find out what happened. If the person responsible for your injuries was negligent in any way, they will be held accountable.  My top priority is to gain fair and just compensation for you and your family, and secondly, to prevent a similar accident from ever happening in the future.

As your Ohio car 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 City Mission of Cleveland: Spread Cheer this Holiday Season!

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The City Mission of Cleveland

Throughout the year, and especially during the holiday season, my heart and thoughts are always with the incredible folks at E55th and Carnegie, at The City Mission of Cleveland. Just outside the heart of our downtown area, The City Mission has provided assistance to individuals and families for more than 100 years; during their most dire times.

From housing, food, supplies, job training, placement opportunities, mental health support, spiritual guidance and so much more – Reverend Rich and his “family’ of amazing individuals light up and step up to make our community a better place.

Holiday Cheer at The City Mission of Cleveland

For many of us, the holidays are a time to celebrate, spend time with loved ones, and enjoy the festivities of the season. Sadly, many people in our community are jobless, homeless or ill, and therefore unable to enjoy life, let alone the holidays.

Particularly during the holiday season and winter months, The City Mission is in desperate need of donations. From gently used clothing and household items, to non-perishable food and monetary contributions – Your generous donation goes a long way to help local families in need.

It is an honor to join Reverend Rich to volunteer at The City Mission! Every time I visit The City Mission, there is certainly no shortage of tasks that can use an extra set of helping hands. I encourage you to bring your friends and family and spend a little time helping our neighbors in need.  Helping others will warm your heart and theirs!

Making Our Community a Better Place

There is no doubt that our lives go through ebb and flow of change, but for many The City Mission of Cleveland is/ has been a life raft; keeping families fed, warm and safe during their time of need and in a world filled with uncertainty.   This Christmas season and in 2016, I ask that you join me in helping this amazing Cleveland organization! Visit The City Mission online, or call today! 216-431-3510.

The Impact of Social Media on your Personal Injury Claim

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Steering Clear of The Public Eye

It is important to understand that every single public action can be called into question before, during and after your injury claim is considered.

I always advise my injury clients to err on the side of caution – Providing insurance legal teams and opposing parties any ammunition is never a good strategy! With today’s prolific social media presence, an entirely new element is introduced into the mix.

Be Careful of Public Commentary

For legal teams with excessive budgets and resources, finding and tracking your online presence is a piece of cake. Digging out and manipulating information that can hurt your case is an easy and efficient means for a defense team to ruin your credibility and ultimately impact the case against their client. In one example, a plaintiff was injured but exclaimed what a fun, exhausting time he had dancing at a loved ones’ wedding! This information was used by the defense and the case thrown out.  It turns out the victim was only trying to promote his online persona and never actually stepped foot on the dance floor!

It is also important to remember that on social media platforms like Facebook, Instagram, LinkedIn and Twitter – It is not just what you post or share; every single click can be tracked, every article or photo you ‘like’ is visible, and this can potentially be devastating to your case. My advice is to steer clear for the duration of your case, from start to finish. I tell my clients that although there is nothing to hide, it is the opposing legal teams’ goal to find, spin and present any contradictory information.

Photo Problems

Documenting and sharing our lives in photos is more convenient than ever.  New or old images can be misconstrued and used against your case. While honesty is always the best policy, tucking away your social photo presence will ensure your online images don’t haunt your case.

My clients know I will be there every step of the way to ensure they are fully protected!

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.

Catastrophic Spinal Cord Injury

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Our bodies are our most precious asset. For just a moment, imagine how different life would be if your body was suddenly and permanently injured. Some injuries are not life altering, but not so with spinal cord injuries.  Thousands of people annually suffer severe spinal cord injuries as a result of someone else’s negligence.

12,000+ Spinal Cord Injuries Annually

The National Spinal Cord Injury Statistical Center reports that an estimated 12,500 individuals suffer a spinal cord injury each year.  It is important to note that this number does not include individuals that succumb to their injuries at the scene of an accident.  More than 80% of new spinal cord injury cases happen to males.

For a spinal cord injury victim, not only has everyday life radically changed, is frequently accompanied by excruciating, unrelenting pain. For my clients and their families, holding the responsible parties accountable is not only about fair compensation, but also about doing everything I can to prevent this from happening to another innocent individual.

The Leading Causes of Spinal Cord Injuries in the US

Spinal cord injuries are primarily due to auto, motorcycle, ATV or other type of motor vehicle accident. This is followed closely by injuries sustained from falls, violence and contact sports. Some spinal cord injuries are self induced because of speed or carelessness, however many injuries occur because of the negligence of others.

For victims of spinal cord injuries, life is forever changed; Even simple tasks become challenging or impossible. Long term rehabilitation is often required. Physical tasks may need to be re-learned, if it is even physically possible to do so following their injury. Continued care, physical therapy, medication, and possible complications become a fact of life for the victim and his/her family.

If you or a loved one has suffered a spinal cord injury as a result of someone else’s negligence, call me today!

As your spinal cord 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.

Childbirth – Painful Pelvic Injuries

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An Estimated 15% of Women With Pelvic Injuries Never Heal Properly

For my clients who have suffered a preventable pelvic injury during childbirth, or have not been provided adequate treatment following a pelvic injury, the road to recovery can be long.  In some cases the injury can be permanent. With as many as 15% of pelvic injuries estimated to be permanent, this translates to thousands of mothers each year whose painful injuries will never heal.

Injuries to the pelvic area from childbirth can include; fractures, tears, organ and bladder prolapse, excessive fluid, and more. These painful injuries are commonly dismissed by medical professionals as being a normal part of the recovery process, but for some – this is a permanent battle. I always tell my clients to trust what their body is telling them, and to demand more from their medical providers. If you or someone you love suffered a pelvic injury following the birth of a cild, contact my me today.

As your 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.

Change in Anesthesiology Injury Claims – Inpatient vs. Outpatient

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Anesthesiology Malpractice in 2015

As medical technology evolves, more and more providers are able to offer outpatient surgical options.  As such, both surgical and anesthesia related malpractice claims have also risen.

Inpatient services that require anesthesia typically involve a patient checking into a hospital, undergoing pre-operation tests, and then anesthesia is administered just prior to the surgical procedure. The patient is actively monitored before, during and after the procedure to ensure the anesthesia is well tolerated and hopefully no concerns arise.

In outpatient surgical settings, pre-operation and recovery protocols are largely expedited and post-operative monitoring time is reduced.

Inpatient vs. Outpatient Anesthesia Claim Costs

While a 9-year study shows a decrease in both inpatient and outpatient claims against anesthesiologists, the data shows an increase in the number of claims in outpatient treatments versus inpatient treatment. Studies indicate inpatient claims are at a higher dollar value, but the prolific number of outpatient claims is certainly concerning.

Inpatient claims were also found to result in death more frequently than in out-patient settings.  This could very well be due to the overall physical condition of an in-patient versus an out-patient.  Data was provided by the National Practitioner Data Bank.

What Does This Say About Outpatient Anesthesia Complications?

Outpatient anesthesia complications should not be ignored! In my experience, patients have suffered from an array of post-operative complications as a result of anesthesia malpractice. From heart and brain damage, to damage to the senses, paralysis and more – The potential issues from outpatient anesthesia complications can change a life forever.

If you or a loved one has suffered an injury as a result of anesthesia complications during an outpatient procedure, you need to contact me immediately.

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.

Top 10 Worst Cars Based on Personal Injury Claims

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The 10 Most Dangerous Cars According to Personal Injury Claims in the US

Shopping the car lot can be an exciting experience! Alternatively, for many, your vehicle selection is a necessity and not choice. Cost, proximity, availability and other factors all play into our decision as to whether or not to purchase and drive a vehicle – But what about the safety factor? With organizations like the National Insurance Institute for Highway Safety and R & D efforts within the auto industry, we have access to a wealth of information. Just as there are the top rated vehicles to drive, these annual reports also include the 10 worst vehicles to drive!

This list has been compiled based on a variety of factors, but the most prominent is the ability of the vehicle to be able to protect an individual in the event of an impact crash. Size, design and additional factors all play a role, but at the end of the day, the number of personal injury claims filed was the deciding factor for each vehicle listed.

The 10 Worst 2012-2014 Model Vehicles According to Personal Injury Claim Filings

  1. Mitsubishi Mirage – 113% higher than national average rate of claims
  2. Dodge Avenger – 84% higher than national claim average rate
  3. Nissan Versa – 78% higher than national average claim rate
  4. Nissan Versa Note – 78% higher than national average claim rate
  5. Kia Forte – 76% higher rate of claims
  6. Mitsubishi Lancer (2WD) – 76% higher claims than national average
  7. Nissan Rogue – 71% higher claim rate versus national average
  8. Chrysler 200 – 68% above national average claim rate
  9. Nissan Cube – 65% higher claim rate than the national average
  10. Kia Rio – 65% above the national claim rate average

Personal Injury in Automobile Accidents

From a personal injury standpoint, regardless of who is at fault in an accident the vehicle safety features and rating arguably have a huge impact. This study was based solely on the number of personal injury claims (losses) filed against these vehicles, regardless of who was at fault.

While the study does focus only on 2012-2014 models, it is stated that unless the manufacturer made major updates, this is a great indicator for current model years as well. Overall, it is a good idea to research car safety ratings prior to hitting the lot or shopping the sale ads.

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.

Medical Malpractice & Our Nation’s Veterans

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The Cleveland VA Hospital Under a Microscope

As a veteran of the United States Armed Forces, you are eligible to enroll in the VA Health Care System. For many, this medical system can be difficult to navigate but it  does provide veterans with medical care for a variety of medical conditions. This can include long term care for injuries and illnesses, as well as routine care for colds, annual visits and other related needs. Despite some of the complications and accessibility complaints, the system should be a safe and healthy environment for you or your loved ones to seek treatment and medical care – However, according to recent news and investigations, this may not always be the case.

I have spoken in the past about the National Practitioner Data Bank (NPDB), and about the concealment of medical malpractice in Ohio and across the country. Despite being required to report incidents to the NPDB, physicians and medical professionals can continue their careers and subsequent paths of destruction virtually unscathed. In 2014 alone, Ohio medical professionals reported over 2,210 incidents to the NPDB.

Trouble at our Cleveland VA Medical Center

In our very own back yard the findings are quite nauseating. Following a push in 2015 by lawmakers, inspectors for Veteran’s Affairs were forced to release some of their findings – Separate from the NPDB research, the same laws do not protect all of the VA findings. Stemming from a 2012 report, the Cleveland VA Medical Center is accused of harboring a surgeon that may have caused as many as 15 patient deaths. The surgeon in question has subsequently resigned, but with so many claims, and so many preventative measures in place, my question is how could this have gone on so long?

The 2014 Tragedy and Cover-up of Don Aldanich

One particular case from our Cleveland VA Medical Center is incredibly haunting, and has been revived in the recent news headlines. In 2014, 69 year old Don Aldanich went in for a routine, outpatient dental procedure. The results ended up costing Don his life and the Aldanich family a lifetime of pain. Following the procedure, Don experienced illness and stomach pain uncharacteristic to his recent medical care.

After receiving a second opinion at another hospital here in Cleveland, the Aldanich family discovered that doctors knew and hid the fact that Don swallowed surgical gauze during his dental surgery. The resulting infection and complications cost Don Aldanich his life – A Vietnam veteran, a cancer survivor – killed by a careless, preventable medical mistake.

For my clients and their loved ones, medical malpractice injuries seriously impact their lives. Regardless of your financial status, your care facility, your health and any other impending factors – You should receive the guaranteed standard of care without fear of injury, illness or death as a result of mistakes and negligence. If you or a loved one has received care that resulted in complications or injury at the Cleveland VA Medical Center, or other Cleveland area hospital, you must call my offices immediately.

As your Ohio medical malpractice attorney, 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.