Breaking Down Brachial Plexus

Share Button

Birth trauma can be one of the most devastating, life-altering events that can happen to a family. Many parents, new and experienced alike, may not even be aware of birth injury risks until it is too late. My hope as an birth injury attorney and parent is to make others aware of these risks before they happen. If a doctor tells you your newborn child’s injury could not have been avoided, you should begin to ask questions.

One of the most common birth injury is Brachial Plexus; with a rate of 0.3 to 2 occurrences per every 1,000 births.

Brachial plexus is typically caused by shoulder dystocia, a birthing injury in which the infant’s shoulder bone catches on the mother’s pelvic bone. A doctor must work quickly to avoid any serious or permanent injury, but a delay in decision-making or diagnosis may result in several types of injuries:

  • Limp arms
  • Paralyzed arms
  • Mild stretch injury
  • Nerve rupture
  • Avulsion

Some mild injuries will heal with time as your baby grows, but in more severe injuries, surgery may be the only option. It is imperative that the doctor diagnoses your child as soon as possible and that you ask questions even before giving birth!

A recent study has recognized new characteristics in Brachial Plexus.

New research has determined these additional characteristics in Brachial Plexus:

  • Brachial Plexus injuries are just as common for new mothers as those who had given birth at least once
  • Healthcare providers significantly underestimate the birth weight

Other factors associated with shoulder dystocia include prolonged labor, breech delivery and premature birth.

If you think your child’s brachial plexus injury was caused by medical malpractice, call me today at 1-800-55 MISNY to discuss your case. I will fight to give your child the proper treatment necessary to live a happy and full life.

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

Author: Tim Misny | For more than 34 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, Dayton and neighboring communities.” You can reach Tim by email at misnylaw.com/ask-tim-a-question/ or call at 1 (877) 944-4373.

Traumatic Brain Injuries- How the U.S. Army Can Improve Football

Share Button

If you read my blogs, you’ll know that I am a huge Traumatic Brain Injury awareness advocate. It is no secret that contact sports such as football result in players suffering repeated head trauma.  For years, I have been on a mission to find an answer to combat severe head injuries caused by contact sports.

The U.S. Army Research Laboratory has developed a new helmet concept that could reduce severe head trauma.

Traumatic brain injuries are common in sports, but they can also occur in a multitude of scenarios: car accidents, catastrophic injuries, slipping on icy/wet pavement, or head-to-ground impact for military personnel.

ARL has teamed up with the NFL, GE and Under Armour for the Head Health Challenge II to find a better solution for traumatic brain injuries caused by high-rate impact. The program’s efforts are working to:

  • Assess head impact in real time
  • Detect, track or monitor any indicators of a TBI
  • Develop protective materials for the brain from TBIs
  • Reduce or prevent any possible consequences of brain trauma
  • Provide education on preventing TBIs

The Army recently received funding for their head injury research and what they came up with is groundbreaking!

Through extensive research, testing and development of a prototype design, they’ve created a strapping material that is rate-activated.

In simpler terms, the strapping material reacts to sudden motion, such as when a football player takes a hard tackle.  In such instances the strapping material will resist movement with greater forces.  This resistance slows down head movement within the helmet and thus reduces the risk of  head trauma.

This revolutionary concept can make a significant impact on sports-related concussions, but the science behind it will continue  to bring awareness to the consequences of severe head injuries.

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

Author: Tim Misny | For more than 34 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, Dayton and neighboring communities.” You can reach Tim by email at misnylaw.com/ask-tim-a-question/ or call at 1 (877) 944-4373.

Ohio Medical Malpractice Damage Caps and Stipulations

Share Button

Ohio Medical Malpractice – Damage Caps and Stipulations 

Financial compensation sought by a victim of medical malpractice is commonly referred to as damages. If the injuries resulted from another person’s negligence or malicious behavior – that person may be entitled to payment for pain, suffering, medical bills and more. I always explain to my clients as to what constitutes damages, what they can, expect and what other factors may impact the ability to file, and potentially win a medical malpractice claim in Ohio.

Financial Compensation

Actual expenses that result from a medical malpractice injury are known as compensatory damages. These are directly tied to the incident – ongoing medical care, lost wages and a host of other expenses. Compensatory damages do not have a ceiling or cap in the state of Ohio.

The second type of damage in a medical malpractice claim is known as non-economic damages. This relates to pain, suffering, future emotional tolls and others This type of damage award is limited by either $250,000 or triple the amount of compensatory damages. The only exceptions to this rule are in wrongful death cases or catastrophic events. For wrongful death cases in Ohio there is no cap on damages. For catastrophic claims, the cap is increased to $500,000.

The last type of damages in an Ohio medical malpractice case are known as punitive damages. With punitive damages, the medical professional is essentially being punished for his or her behavior. Punitive damages are strictly in place to punish malicious behavior and reckless disregard for safety. Punitive damages are used to prevent future incidences.  The cap is set to 2x the amount of the compensatory damages awarded to the victim.

Make Them Pay

It is important to remember that in our state, the timeframe to file a medical malpractice claim is typically one year. The clock begins when the condition or conditions should have been reasonably discovered by a medical professional, or from when the incident or injury occurred. If you or a loved one is a victim of medical malpractice, call me today.

As your Ohio medical malpractice lawyer, I’ll be there for you. My goal has always been to 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.

Hoverboard Injuries on the Rise

Share Button

Hoverboard Related Injuries Filling Emergency Rooms

Serious injuries resulting from hoverboard use is on the rise!  Hoverboard popularity is surging, and so too are injuries! Infamous for their propensity to catch fire, hoverboards continue to be a hot news topic. For children and adults of all ages, this is the gift that seems to be our generation’s equivalent to the Red Ryder BB Gun. Instead of ‘You’ll Shoot Your Eye Out’ we have ‘You’ll Fall and Break Your _____!’

For those who are unfamiliar, a hoverboard is a board-like apparatus with two wheels and functions based on the rider’s movement. Riders control direction and speed by leaning/shifting their weight. The motion is similar to that of skiing, but still very foreign from anything we have had mass-access to in the past!

Types of Injuries from Hoverboards

A quick search on social media for the hashtag #Hoverboardfail produces a long list of pictures and videos of falls and other related injuries.

Potential Hoverboard Injuries

  • Head and brain injuries
  • Spine injuries
  • Broken bones
  • Fall and impact trauma
  • Bruises, scratches, cuts

If you or a loved one loses consciousness, experiences a prolonged headache, or has numbness or tingling following a hoverboard accident, get medical attention immediately.

Keeping Hoverboards Safe and Fun

Here are a few key tips for keeping you or your child injury-free. Just like a bicycle, safety precautions can go a long way to prevent serious and life threatening injuries! 

Think of a hoverboard as a bike – Every rider should wear a helmet and protective pads

Practice! Similar to how you would ride a bike for the first time consider having someone near to assist you with balancing and getting a general feel for the way a hoverboard works.

Supervision / Buddy System – Kids should not be allowed to use a hoverboard without adult supervision. All riders should use the buddy system!

Start Slow While experienced riders may make it look easy – Make no mistake, the first few rides on a hoverboard are tough! Start slow!

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.

Decline in Infant Death Rate – for Some

Share Button

Reported Decline in Infant Death Rates Yields False Positive

For the first time in over 70 years, Ohio infant mortality rates have declined according to The Department of Health. This study reports that in 2014, fewer than 1,000 infants died before reaching their first birthday. This 2014 infant death rate was 8% lower than the infant mortality rate in 2013! So where is the cause for concern?

This same study also revealed a frightening difference in the rate of death for African Americans compared to Caucasians. The ever-widening gap between the infant mortality rate of Caucasian babies and African American babies is tragic and concerning.

Top Causes for Infant Deaths in Ohio

In Ohio, the top causes of infant death are; birth defects, sleep related issues and pre-term births. The largest contributing factor to the gap between race-related infant death statistics is death resulting from pre-term births. This is due to the fact that pre-term birth complications are more common in African American women.   The question is whether or not the quality of care is also factoring into this equation.

In Ohio, African American babies are 25% more likely to die before their first birthday than the national average.

The overall average for infant death rates in the state of Ohio is 12% higher than the national average.

As both a parent and a birth injury attorney, these statistics are tragic and unacceptable. Care should not vary based on race, religion, geographic location or any other factor! If you have suffered the unimaginable heartbreak of losing your child, you must call me immediately.

As your Cleveland, 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. 

Tragic Signs of Cerebral Palsy

Share Button

Detection of Cerebral Palsy

Cerebral Palsy results from brain abnormalities caused by brain injury that control muscle and nerve function. Victims of cerebral palsy do not have actual muscle and nerve injuries despite this common misconception. From my vast experience as a birth injury lawyer, my clients have been victim to medical secrecy, misinformation and downright negligence that surround a cerebral palsy diagnosis. Recognizing the signs and symptoms of cerebral palsy is relatively easy, but in some cases, late signs may actually delay diagnosis.

If a child has been diagnosed with cerebral palsy at or following birth, there is a chance the brain abnormality could have been prevented. For some families, a diagnosis may not be reached until years following your precious baby’s birth. While extreme cases of CP are commonly diagnosed shortly following birth, other less severe cases may take months or even years before diagnosis occurs.

Recognizing the Signs of Cerebral Palsy

Cerebral palsy may be diagnosed if your baby shows signs of unusual muscle tone, persistent reflexes, abnormal posture and other symptoms affecting muscle control or lack there of. For a new parent, the news can be absolutely devastating! Cerebral palsy symptoms are not known to worsen over time, and early detection and therapy can be the key to developing better functionality and control. Furthermore, cerebral palsy may increase the risk of other injuries and serious infections, making early diagnosis critical.

For some victims, cerebral palsy signs may not be detected at birth. In many cases, it is not until your sweet child begins to develop, that their signs and symptoms of CP start to show. Remember, each and every case is different. Infants and toddlers can show signs as their muscles develop and as their movement increases. This can include stiff muscles, ataxia, spasticity, over or under toning of the muscles, walking difficulties and more.

Medical Negligence and Cerebral Palsy

While cerebral palsy can occur naturally, it can also occur as a result of a mistake by your trusted physician. Detecting, diagnosing and treating CP as soon as possible can be critical to the long term quality of life for your child.  Secondly, early detection can help ascertain if your medical professional caused the injuries.

If your child has been diagnosed with cerebral palsy, or you suspect your child should be diagnosed, call me immediately.

As your Cleveland, 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.

Drones and Personal Injury Claims

Share Button

Drones and Personal Injury

It’s a bird, it’s a plane… it’s a drone!  A drone is described as a remote controlled, small, unmanned, aircraft. Originally in the news for the privacy implications when in the hands of the US Government and the likes, drones are now widely available for individual purchase across the U.S. Buyers are simply required to register their drone, but are not required to be trained on drone operation.  Drone owners only have to adhere to a vague set of rules that date back to the 1980’s. Not surprisingly, this brings a host of privacy concerns, and an array of potential injuries.

The drone itself is not inherently dangerous. Small and ideally airborne, a drone is not designed to come into contact with individuals or property. Fragile by nature, a minuscule impact can render the drone useless – potentially irreparable. However, as with any object in motion, drones may result in injury to a innocent bystander. While the impact is not typically intentional, the injury can be severe and recovery costly.

Who is Using Drones?

Consumers can purchase drones for entertainment. Relatively affordable and increasingly more available, drones are similar to popular model planes of the past. The added bonus is drones are equipped with video capabilities and record while in flight.  The video captured by some drones have been amazing.

Businesses are also using drones more frequently than ever. On the business side drone operators are typically required to have a permit and be trained. Property development, construction engineers, landscape architects and a host of other industries and professions are using drones as a means to have a birds’ eye view, or to get great footage for presentations, planning and more. With technology growing at warp speed, and prices decreasing over time – Drones are predicted to be increasingly more affordable and available as time goes by.

Photographers and videographers are also integrating drones into their presentations; providing customers with unique footage of their special event that has never before been available.

Injuries from Drones, Definitely Not Child’s Play

While it may seem insignificant on the surface, drone injuries can actually be quite dangerous and costly. From impact injuries, cuts and more, people have suffered serious injury as a result of someone else’s negligence.

Types of Injuries Resulting from Drone Use

  • Impact Injuries: Drones can and have collided with innocent individuals
  • Shrapnel Injuries: Drones that hit a building or person may emit shrapnel and cause further injury
  • Blades: Depending on materials, drone blades can cause severe lacerations

Drone injuries may not be intentional, but the injuries can result in permanent impairment, pain and suffering. Something as simple as the operator letting the drone go out of range, or the slightest bit of inclement weather, can result in a person being severely injured severely.   This does not even take into account individuals that modify drones specifically to cause harm, or the potential for mass casualties that result from an inexperienced or malicious drone operator interfering with aircraft, vehicles and more.

The Consumer Technology Association estimated over 500,000 drones were sold this year. If you or a loved one has been injured by a drone, call me! You may be reimbursed for pain, suffering, medical care, lost wages and more.

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.

Professional NFL Players Seeing Concussion, the Movie

Share Button

Concussion, the Movie Gaining Attention with Past and Present Athletes

The incredible portrayal of Dr. Bennet Omalu by Will Smith has finally shed light on the seriousness of concussion injury. As many of you know, I have long professed the dangers of repeated head trauma. For decades, the long term ramifications of repetitive head injuries were known but kept in the dark; Football means money to a lot of people, and negative press would surely impact the overall perception of football.

Dr. Bennet Omalu is the physician credited with first diagnosing the brain injury, Chronic Traumatic Encephalopathy, known as CTE. CTE is commonly diagnosed in football players and athletes playing other contact sports.  CTE is directly correlated with repeated blows to the head.

ESPN reported that over 90% of NFL players who died during the last 10 years were found to have CTE

With these terrifying numbers, it is a true anomaly that more players and their families are not aware of the seriousness of CTE – and furthermore, that the topic is still secretive in the NFL. Hundreds of NFL players (past and present) that have seen the movie and many are left asking themselves a tough question; will they allow their children to play football? As much as many of our nation’s top athletes are blessed with amazing skill and talent, the resounding answer when poised with that question, is no.

The Truth Coming to Light

With Sony offering free admission to past and present NFL players and their families, many are lining up at the box office to see Dr. Bennet Omalu on the big screen. In addition to the harsh realities of CTE being exposed in the film, many are coming to the realization that their beloved industry has shrouded and cloaked this terrifying information for decades.

The realization that players will likely show signs of CTE in their lifetime, past and present NFL pros are faced with other harsh truths. Knowing individuals that have succumbed to the terrible disease, and grappling with the reality that trusted medical professionals played a role in the cover-up can be overwhelming . In a recent Sports Illustrated article, the Jet’s D’Brickashaw Ferguson expressed sadness and frustration when he learned that a beloved on-field doctor was an intricate part of the initial onslaught to discredit Dr. Omalu.

Make Them Pay

For many, the scary reality of a closed head injury is becoming increasingly more difficult to hide from. In over 30 years of practicing law, the quantity of closed-head injury cases has led to a sub-specialty for me – Fighting for justice and compensation for victims that suffer a head injury in a multitude of scenarios.

As your Ohio brain injury lawyer, I’ll be there for you. Much like Dr. Omalu, my life’s passion is to seek justice and 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.

Injured by Negligence? Time is of the Essence

Share Button

You owe it to yourself to pursue justice for you and your family

The beginning of any new year is ripe with exciting possibilities and endless potential. For many of us, we begin the year by planning the best and brightest ways to improve our lives, improve our finances and make changes for the greater good of ourselves and our loved ones. For countless others, the dawn of a new year can mean the close of a governing time frame, particularly in injury cases. Do not let time affect your chance for true justice and financial compensation.

What Compensation Can Mean For You

When I meet with my clients, we talk about a host of issues that have resulted from their serious accident or medical mistake at the hands of a negligent individual or individuals. We discuss what life was like before the incident, the events of the incident, how life has changed since the injury occurred, the expenses associated with the injuries, how the injury has affected the family, job and more.  It is essential that I know every last detail.

In accident cases, personal injury claims, medical malpractice claims and other negligence cases, the damages sought are beyond financial reimbursement for actual expenses. As the victim, you may be entitled to a host of financial compensatory awards. Secondly, holding negligent parties accountable for your injuries may mean preventing a similar situation from hurting another individual or family.

The Beginning of the Rest of Your Life

From the very first time we meet until a settlement is reached, you will never pay one cent out of your pocket. From expert testimony to accident recreation, the cost of a case can be astronomical, but I have the financial resources to fight as long as necessary to win your case and I’ll Make Them Pay!®. Every single case is handled on a contingency fee basis which means my fees are paid when a case is favorably resolved.  If for any reason your case is not successfully resolved, you will not owe one dime.

Your claim can mean access to valuable resources and financial support. Lost wages, medical care, home care assistance, medical equipment, transportation and more – You and your family will receive the justice to rebuild your lives, and to make the most of your recovery and the road ahead.

If you or a loved one has been injured as a result of someone else’s negligence, call me today!

As your Ohio 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.

2016 New Year’s Resolution Contest!

Share Button

Share Your 2016 New Year’s Resolution for a Chance to Win!

On my recent Live on Lakeside interview with Michael Cardamone, I shared a great contest I am sponsoring for a chance to share your New Year’s resolution and inspire others, and to win a $250 Target gift card! For some of my friends and loved ones, their resolve to help those in need motivated me to help others get inspired to make our community a better place in 2016.

Starting on December 30th and running until January 8th at noon, you can share your inspiring New Year’s resolution on Facebook for a chance to win. All participants get an I’ll Make Them Pay!® Misny clock!

Share your 2016 Resolution

Tell others how you plan to volunteer, to donate, or otherwise impact our community and beyond. From working with great organizations like the Cleveland City Mission, to helping out friends and loved ones in need – Your plans will inspire others to make a difference in the new year.

My 2016 New Year’s Resolution

For me, in 2016 I will strive to continue to do the right thing every single day for my family and my clients. Finding the truth, when your entire life has been shaken up. I will continue to work with my clients to gain the justice they deserve. Together, we need to see if there is a recourse, and if we can we change policy so that we never see this happen to another family ever again.

For more details, visit my Facebook page. View my Live on Lakeside interview, and see my favorite guest star, Max!

As your Ohio 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.