What Medical Professionals Can Be Held Liable for a Medical Malpractice Claim?

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Any time a person steps foot into a hospital or medical facility, the medical professionals in that facility must provide a certain standard of care to the patient no matter what.

These medical professionals can include surgeons, anesthesiologists, nurses, and even internal medicine physicians.

Whether it is a routine doctor’s appointment or a scheduled surgical procedure, the physician at hand is responsible for your health and well-being. Medical malpractice injuries can range from emotional damage to severe injury or death.

What is standard of care?

The definition for standard of care is the level of care provided by a physician that is deemed as reasonable care based on the patient and circumstances.

If this standard of care is breached by a medical professional, it may result in medical negligence and injury to a patient. In order to pursue a medical malpractice claim, failure to provide the standard of care must be established.

A new study by The Doctors Company indicates internal medicine physicians are more likely to be sued for medical malpractice compared to other medical specialists.

According to the 1,180 closed medical malpractice claims studied, 39% of these were related to failure to diagnose and misdiagnosis. Other claims against internists include delay or failure to order diagnostic tests and errors in medication.

These results not only show how injuries resulted in the malpractice claims but also includes where they occurred. Many people think medical negligence typically occurs in hospitals, but the study indicates over half of the claims occurred in an office or clinic setting (57%) while 37% happened in hospitals, 5% in nursing home facilities, and 4% in other facilities.

If you feel the standard of care has been breached by a medical professional and resulted in an injury to you or a loved one, I urge you to 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.

The Importance of Reporting Safety Hazards at Work

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The last few years have shown significant change in Ohio workplaces. This past August, OSHA raised safety violation fines to employers by 78% in an effort to urge workplace safety. Additionally, recent statistics show a decrease in Ohio work injuries.

Between 2010 and 2014 there was a 16.7% decrease for workplace incidents in Ohio private-sector jobs.

The national average in those years was just half of that, sitting at an 8.6% decrease for national workplace injuries. Based on these numbers, what does this mean for workers?

Workplace safety is becoming the top priority it should be!

Not only is it important to stress this among employers, but it just as important for workers to demand safe work environments and for their companies to be held accountable as needed.

Here are 3 tips for employees to push safety precautions in their workplace:

  1. Notify the supervisor or manager of any faulty equipment or dangerous materials that could result in serious injury.
  2. Make sure any injuries or illnesses are reported and documented with your employer.
  3. File a safety & health complaint with OSHA—all complaints are anonymous and taken seriously.

Any safety violations or questionable hazards should be reported and documented. Without these documented issues, all workers could be at higher risk for workplace injuries. Protect yourself and other workers by following the above 3 safety precaution tips.

If you or a family member was injured on the job due to negligence, you will want to discuss it with an experienced attorney. Call me today for a free consultation.

As your Ohio workplace accident 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 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.

Are There Anti-Retaliation Laws that Protect Ohio Workers after Filing a Workers Compensation Claim?

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Being injured on the job can be stressful no matter what profession you’re in. Many people who call my office, however, have one specific matter on their mind—can their employer sue them in retaliation of them filing a worker’s compensation claim for their injury?

In the state of Ohio, employers cannot take punitive actions against an employee for filing a workers compensation claim after they’ve suffered a workplace injury.

If you have filed a worker’s compensation claim for an injury that occurred on the job and you fear your employer will fire you due to this, it is important to understand your rights as an Ohio worker.

OSHA, under the Affordable Care Act, notes that all employees are protected from retaliation.

Retaliation is “not limited to firing”, but can also include:

  • Laying off
  • Denying benefits
  • Denying overtime
  • Reducing hours
  • Reducing pay
  • Intimidation
  • Threats
  • Blacklisting

If you or a family member feels that the employer has retaliated against you and violated your worker rights, you have 180 days from the action to file an action in the county common pleas court.

Over the years practicing as a workplace accident attorney, I have consulted with many injured workers who fear retaliation after filing a workers’ compensation claim.

If you’ve been hurt on the job, do not hesitate in calling me.

Work-related accidents can quickly become unmanageable without an attorney and could result in you or a loved one being taken advantage of by the employer. Call me today for your free consultation.

As your Ohio workplace accident 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 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.

Teen Driving—How to Keep Our Kids Safe Behind the Wheel

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Did you know the state of Ohio is 7th in most licensed drivers in the United States?

There are 7.5 million licensed drivers in Ohio and out of those 7.5 million there are approximately 537,000 licensed drivers under 21 years old.

As the numbers climb for teen drivers on the road, it is our duty to make sure we provide our children the proper training and education to keep them safe. Practicing proper driving skills is necessary, but the vehicle parents provide them can be just as effective in keeping them safe.

Important tips for teaching teens safe driving include: Practicing daily with a parent in the car, parents setting a good example of safe driving by using proper safety techniques, enrolling teens in driver’s education courses, and finding the safest vehicle for young drivers.

Parents should always research vehicle safety by following several suggested guidelines:

  • Research insurance company studies on safest vehicles for drivers under 21. Many companies provide their own list of what vehicles protect drivers best in case of a motor vehicle accident.
  • Use the National Highway Traffic Safety Administration (also known as NHTSA)’s rating system to examine each vehicle you are interested in. Ratings range from Five Stars (0-10% chance of serious injury/death) to One Star (46%+ chance of serious injury/death).
  • Heavier vehicles typically provide better protection in the case of a crash. The Insurance Institute for Highway Safety suggests midsize sedans or SUVs as safer vehicles.
  • Safety technology is always on the climb in the automotive industry. Companies like AAA suggest vehicles with technology like back-up cameras, blind spot detection, forward collision warning system, or electronic stability control. All of these features can make the difference in keeping your child safe on the road.

I have been a personal injury attorney for over 34 years now but I can tell you that my priorities as a parent come first and, oftentimes, have an impact on my principles as a lawyer. As both a parent and a lawyer, all of these recommendations will be beneficial in keeping our young drivers out of harm’s way.

If you or a loved one have been injured in a car accident, call me immediately for a free consultation. 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.

Filing a Third Party Claim After a Workplace Accident

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I have served as a personal injury attorney for 34 years, and I can’t begin to stress how many questions I receive on how to pursue a workplace accident injury. When a person is hurt on the job, it is evident the employer must be notified in order to provide the injured worker benefits.

The state of Ohio requires all employers (with exceptions) carry some form of workers compensation insurance to protect workers in case of injury or illness. However, a common question workers ask is, “what are my options to pursue the negligent party?”

When someone other than an employer or co-worker is at fault for a work injury, this is referred to as a third party claim.

A third party claim may be possible when an outside party is at-fault for a worker’s injury. There are certain risks associated with some occupations, and sometimes these risks cannot be controlled or avoided.

Here are several examples of a third party claim for personal injury:

  • Car accidents. If you are on the clock and driving a company vehicle, a negligent driver strikes your vehicle and causes injury. If the other party has car insurance, you may be able to pursue a personal injury claim against their insurance in addition to filing workers compensation.
  • Faulty equipment/machinery. If a worker is injured by a defective piece of equipment, a 3rd party suit may be brought against the manufacturer of the product.
  • Off-Site Jobs. If you work in a field that involves working at other companies or people’s homes, there may be risks on that property that results in an injury. Injuries such as being injured by a pet, tripping over an object left by the property owner, or not identifying risks the property owner previously knew about are all examples of a possible claim against the property owner.

If you are questioning the possibility of a third party that caused or contributed to your work injury, please call me immediately to identify your options.

As your Ohio workplace accident 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 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.

Workplace Injuries—What to Do When You’re in a Car Accident on the Job

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There are many careers that involve driving—from truck drivers, to cable company workers, to construction—and inherently put those workers at a higher risk for being involved in a motor vehicle accident.

No matter what your job, age, or gender is, car crashes do not discriminate and can happen to anyone at any time.

Imagine you are on the clock and driving a motor vehicle when you are hit by a negligent driver—what are your options for compensation toward medical bills, wage loss, and pain and suffering?

  • Your main concern is to treat for any potential injuries from the accident.
  • The next step is to contact your employer to notify them of the incident and file and injury report if needed.
  • Lastly, you may also want to consider filing a claim against the negligent driver’s car insurance company.

As a personal injury attorney for 34 years, many a time clients will call me with questions because they are unsure about which route to go—file a car accident claim or file a work injury claim?

It may be in your best interest to file both claims in order to obtain the full compensation needed to deal with the injuries and lost wages from your car accident.

If you or a loved one was injured by a negligent driver while on the clock, call me today for your free consultation. You will need an experienced attorney on both of these legal matters.

As your Ohio personal injury attorney, I’ll be there for you, and I will 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.