Ohio Traffic Accident Numbers on Memorial Day Weekend Remain Staggering

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Holiday weekends typically have higher numbers for traffic accidents than any other weekends in the state of Ohio based on yearly statistics.

Whether it’s due to the increased number of drivers going on vacation, more out-of-town drivers unfamiliar with the areas, or alcohol/drug impaired drivers celebrating the holiday weekends, it is an existing issue that seems to have no end in sight.

The three-day Memorial Day weekend last year yielded a frightening number of 14 accident fatalities.

Out of those 14 deaths, 3 of them were due to OVI’s and 4 of the accidents’ victims were not using seatbelts. When I looked at the numbers from 2014, there was very little change—13 fatalities occurred on Memorial Weekend of 2014.

Over the past four years, fatalities on this holiday have remained between 13 to 18 deaths caused by motor vehicle collisions!

The amount of lives lost in such a short period of time because of pure negligence is inexcusable.

As you and your family head out this Memorial Day weekend, take extra care while on the road.

Here are some things we can all do to keep that number below last year’s:

  • Wear your seatbelt
  • Avoid using your phone while driving by keeping it out of sight
  • Do not drive under the influence, designate a driver or take a cab/uber
  • If you suspect another driver on the road is drunk, contact police immediately to report it
  • Keep to the speed limit—a good portion of crashes occur because of excess speed
  • Pay attention to the cars around you

Please follow these tips any time you are on the road and take extra precaution on holiday weekends. If you or a loved one is hurt in a car collision, don’t wait to call me. Negligent drivers must be held accountable for their actions.

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 in birth injurymedical 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.

Slip & Fall Head Injury is 2nd Leading Cause of Death in U.S.

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Did you know that slip and fall accidents are the 2nd leading cause of accidental deaths in the United States?

Having represented accident victims for over three decades, I can tell you firsthand that slip and fall cases are far more prevalent than you would ever imagine.

The key to winning a slip and fall case is proving that the property owner/manager knew or should have known about the hazard that caused the accident.

Let me give you a simple example:

Let’s say, for example, a woman is shopping at a grocery store and she notices that a Wesson Oil bottle fell off the shelf, broke and spilled oil on the floor. She takes it upon herself to go to the store manager and tell him that there is an oil spill on aisle number seven. For whatever reason, the manager is juggling several things at once and fails to tell a stock boy to mop of the oil.

Twenty minutes after he was put on notice, another woman walks down aisle number seven and slips on the oil, breaking her leg.

Is the store responsible for her injuries?

The answer is absolutely yes because the store had “constructive notice” of the hazard and failed to take appropriate steps to remedy it.

To further analyze the grocery store example, it is important to note that when someone comes into a place of business that business has the highest degree of duty owed to its customers. The customer is termed “a business licensee”. However, if someone were to wander onto another person’s property, the duty of care owed to that individual is very low.

A common defense used by the insurance companies in slip and fall cases is called “the open and obvious” defense.

This simply means that, even though the store owner knew about a problem and failed to do anything about it, the hazard was “open and obvious” and the customer should have seen it and avoided it.

For those reasons, slip and fall cases are extraordinary difficult to prove.

Recently, I settled a case for the family of a lovely woman who was shopping at a drug store. As she walked around the corner of an aisle, her foot got stuck on a wooden pallet that a stock boy had inadvertently left on the floor. Under cross examination, the store manager admitted that they had, in essence, created a hazard by leaving the pallet in that precarious spot.

There was no way my client could have avoided it as it was in essence, a booby trap. Tragically she fell and hit her head on the floor. She suffered a brain hemorrhage and died a few days later.

Many victims of slip and fall accidents suffer closed head injuries. These are the most debilitating of all physical injuries.

If you, a friend, or a loved one has sustained a severe injury as a result of a fall, you need to contact me immediately. Proving liability is often times a Herculean task that demands the knowledge, experience, and financial resources of my law firm.

As your Ohio catastrophic injury attorney, I will 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 in birth injurymedical 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- 10 Tips Surgeons Don’t Want Patients to Know

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It is no secret that doctors put more cash in their pockets through multiple procedures. Some may even think those procedures are unnecessary, but many of us do not question medical professionals when it comes to our own health.

How can patients know they are receiving top-notch as well as necessary medical care?

Readers Digest dove headfirst into this question by providing 50 “secrets” surgeons may not tell patients. Many of these can be tips to avoid putting yourself or your loved one in a situation that can result in medical malpractice.

Here are 10 of 50 tips patients should consider:

  1. Ask hospital employees which surgeon is good.
  2. Question the doctor’s complication rate.
  3. Most surgeons have “inherent financial conflict of interest”. This means that doctors would be paid more by doing surgery rather than handling a medical issue with minor medical treatment options.
  4. Check if your surgeon is board-certified. More often than not, surgeons are not certified in their specialty.
  5. Your primary care doctor’s referral may not always be the best referral. Don’t assume your family doctor will pick a top-notch surgeon; always do your research before deciding.
  6. Talking to former patients can be helpful. You can ask your doctor if you can talk with a former patient, it’s worth a shot to try.
  7. A surgeon may not provide additional procedure options if they don’t know how to do it. It is good to get a second opinion in case there is another surgical option available with less risks, recovery time, etc.
  8. Ask your doctor who you will follow up with after your surgery. Some doctors may not follow up once a patient has been discharged. It is important to ask your doctor to identify who you should follow up with and when.
  9. Have a procedure done early in the week. If you need a follow-up for complications, some doctors may leave town for weekends and you’ll be stuck with no doctor.
  10. Some surgeons may have practice management consultants that will bulk up your bill in the end. These consultants will push for medical equipment (braces, walkers, etc.) or further testing (MRIs, x-rays, etc.) that can be extremely costly to your medical billing.

This list is only a fifth of the list Readers Digest provided!

It is important that you and your loved ones read through the entire list so you can make smarter, healthier and more beneficial decisions in your healthcare and treatment plans.

Read the full list here and share friends and family. Any one of these tips can make a difference in preventing medical errors made by your doctor!

If you suspect that you or your loved one was made victim of medical malpractice, call me immediately. As your Cleveland, Ohio medical malpractice attorney, I will fight for you.  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 in birth injurymedical 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.

Wrong Way Accidents are a Growing, Deadly Force in Ohio

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Wrong-way collisions are relatively low types of motor vehicle accident in the U.S. but are, nonetheless, one of the deadliest kinds.

Recently these collisions have taken the spotlight in Ohio news after a fatal collision on Interstate 75 this month.

According to the Ohio Department of Transportation, wrong-way accident fatalities have doubled since 2015.

Last year there were 8 fatalities from intentional wrong way crashes. As of April 2016, that amount has doubled to 16 deaths thus far!

Even though these accidents are rare, their impact is often more dangerous and fatal than most road collisions due to the frequency of head-on crashes.

ODOT and state officials are working to figure out a way to curb these quickly rising fatality rates and have highlighted several scenarios a wrong way accident can occur.

Statistics have shown multiple causes for drivers intentionally/unintentionally driving in the wrong direction:

  • Driving under the influence of alcohol
  • Driving under the influence of drugs
  • Confusion over a traffic pattern
  • Making a U-Turn on the highway
  • Suicide
  • Distracted driving

Last year resulted in 533 wrong way crashes in Ohio.

There have been 16 deaths total in 2016—that is 4 deaths per month from one rare type of accident! Officials are doing what they can and it’s time the rest of us do our part by driving safe to protect ourselves, our loved ones, and other fellow drivers on the road.

People are not attentive for many reasons, and these numbers show that accidents as a whole are on the rise.

When drivers are inattentive due to texting or talking on the phone, or – even worse—under the influence of drugs or alcohol, the risk for a mix of different accidents can happen.

This alone is a compelling reason to make sure you have Uninsured Motorist Coverage because when accidents arise and the party at fault does not have insurance or minimum coverage, you’ll be in a deeper hole than before.

For a few dollars a month you can have umbrella coverage that will cover you in the event of a serious accident—your medical bills, lost wages, and pain and suffering will all be covered and make your case easily worth much more.

If you or a family member was severely injured in a wrong-way collision, call me immediately. Make sure you are covered by UIM and umbrella coverage; it will be one phone call to your agent that you’re glad you made!

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 in birth injurymedical 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 (855) 800-0384.

Motorcycle Safety- 5 Guidelines for Safe Driving While Sharing the Roadway

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Ohio may not be known as a state with great weather, but that doesn’t stop motorcyclists from cruising the roadways. Last year, Ohio became one of the top 5 states for the highest number of registered motorcyclists—there were 750,000 registered bikers!

May is Motorcycle Safety Awareness Month and, as of 2015, Ohio is in need of major safety awareness for motorcyclists. Motorcycle and passenger vehicle accidents have been increasing over the past year, but what many don’t realize is these injuries and fatalities can be prevented.

Ohio State Highway Patrol Lt. James Faunda noted that in 2015 there were 3,700 motorcycle accidents and 163 of those resulted in fatalities.

Most drivers are aware of the phrase “Share the Road” in reference to motorcyclists, but do drivers truly take that phrase to heart and drive with caution during motorcycle season?

Lt. Faunda also stated there has been a 16% increase in motorcycle crash fatalities since the previous year. While fault lies on passenger vehicles and motorcyclists, all drivers must heed to safety over everything.

Any time you get on the road, follow these motorcycle safety tips at all times.

  1. Follow traffic laws and use proper techniques. This applies to both motorcyclists and passenger vehicles. Use turn signals, follow designated speed limits, reduce speed limit in construction zones, and always check blind spots before changing lanes. These simple things can often be a life-changing factor and, sadly, the most frequent factors that can lead to accidents if not followed.
  2. Wear protective gear when riding a motorcycleAlthough Ohio law only requires drivers 17 and younger to wear helmets, motorcyclists of all age should consider wearing helmets and other protective gear to reduce injury. Statistics show that over two thirds of fatalities were not wearing helmets.
  3. Keep a safe distance between your vehicle and those in front of you. This tip is especially important when you are behind a motorcyclist. Keeping a safe distance can protect both you and the motorcyclist in case they need to stop suddenly. Even a small “love tap” to a motorcycle can result in major injury. Three or four seconds is typically a safe follow distance.
  4. Do not drive under the influence. Driving under the influence of drugs or alcohol is not only illegal but can seriously impair a driver’s judgement. This includes judgement in distance and speed, and the results of misjudgment can be fatal. A third of 2015’s accident fatalities were caused by drug/alcohol impairment.
  5. Be vigilant at all times. While motorcycle safety awareness needs increased publicity, insurance claim statistics show single-vehicle motorcycle accident claims were higher than rear-end, intersection and unrecovered accidents combined! Motorcyclists and passenger vehicle drivers must be aware of their surroundings at all times.

If you or someone you love were injured in a motorcycle accident, you will want an experienced attorney that can navigate you through the process.

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.

New Study Concludes Over 250,000 Deaths by Medical Errors

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A new study just released by Johns Hopkins School of Medicine Martin Makary and Michael Daniel in the British Medical Journal that states 251,454 people died per year as a result of medical errors.

If 251,454 people died each year in plane crashes in the United States, all airports would be closed. This is a shocking statistic because believe you me; it represents only the REPORTED cases. In my considered opinion, the true number is in excess of half a million.

The question is what can we do to reduce the staggering number of medical errors that result in death?

Unfortunately, hospitals do not police their own employees because, at the end of the day, they are profit centers and only concerned about the “bottom line”.

Believe it or not, medical institutions look at payments and wrongful death claims as the cost of doing business.

The best way to correct this grotesque problem in our healthcare system is to pursue medical malpractice claims. In addition to getting my clients compensation so that they may live as normal a life as possible, I hold those responsible who expose us to unnecessary harm and danger.

And by doing so, we actually change the way medical healthcare providers conduct themselves.

A few years ago I represented the mother of a one year old boy who died as a result of a nurse’s negligence.

While she was administering a routine shot she pressed the boy’s body against hers. During this time the mother expressed a concern that she felt her son was having difficult time breathing.

The nurse told her mother that she was a professional and knew what she was doing, and if the mother continued to object she’d be asked to leave the exam room. Tragically, the nurse suffocated the little boy. The nurse handed back to the mother a dead child.

The key component of our settlement was that all of the nurses at this institution would receive continued education in administering shots, and the mother of this dead boy would participate in these seminars to emphasize just how important it is to get it right.

If you suspect that you or a loved one are a victim of a medical malpractice and/or birth injury, NEVER, EVER believe a healthcare professional when they tell you the tragedy that befell your loved one could not have been avoided. If you ever hear that phrase uttered, call me immediately.

You need to call me as soon as you suspect there is a problem because there is only a one-year statute of limitation in medical malpractice claims. However, in birth injury claims, the one-year statute begins to run on the child’s 18th birthday which, in essence, means you have until the child is 19 to pursue a claim.

As your Cleveland, Ohio medical malpractice attorney, I will fight for you.  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 in birth injurymedical 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.