How Can My Newborn Child’s Apgar Score Detect a Birth Injury?

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Each hospital follows specific procedures after the birth of a child, and these procedures are significant in keeping your baby safe and healthy.

Many parents I’ve spoken with don’t know the signs of a possible birth injury to their child. When you aren’t a trained medical professional, it makes it much more difficult to identify a medical mistake that could have been prevented.

My duty as a birth injury lawyer and a father is to educate parents on the risks and signs of birth injuries.

The most common type of birth injury is brain injury due to lack of oxygen before or during delivery. Not only is this an immediate threat to the child’s life, but it may cause permanent consequences that will affect both the infant and the family.

It is for this reason the Apgar score must be done immediately after your child is delivered.

The Apgar score is used to determine your newborn child’s general birth condition. The test measures the following factors:

  • Breathing
  • Heart rate
  • Reflex response
  • Color
  • Muscle tone

The test is done twice; the first time is 1 minute after birth and the second 5 minutes after birth. A conventional Apgar score is 7-10. A score between 4-6 typically means your child may need assistance breathing, and a score lower of 3 or less means the newborn needs immediate medical attention.

If your child’s Apgar score was low, a doctor may require an MRI to check for any cerebral injury. Additionally, if your newborn baby had an MRI or any known brain injury, I encourage you to contact an attorney immediately.

It is possible that your child can develop birth injuries months after birth varying from minor developmental or motor issues, to severe permanent injury such as Cerebral Palsy.

A low Apgar score, brain injury diagnosis, or delay in developmental milestones should all be red flags for parents. I urge you to always contact an experienced birth injury attorney for a consultation if you feel a doctor was negligent in your child’s birth.

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 “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.

 

Ohio Workers’ Compensation: Signing the Firefighter Cancer Bill into Law

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Working in high-risk occupations brings even more chance of work injuries and illnesses. In some fields, it is almost unavoidable. Police and firefighters constantly put themselves in harm’s way to keep others safe. Sadly, in some states workers’ compensation programs may not fully cover these men and women.

Several groups, including the Youngstown Professional Fire Fighters I.A.F.F. Local 312, are pushing for the state of Ohio to pass Senate Bill 27.

Senate Bill 27 would allow all Ohio firefighters to be covered under workers’ compensation insurance “if or when” they become disabled by cancer due to their job conditions in hazardous atmosphere.

According to a study by the National Institute for Occupational Safety and Health, 68% of firefighters get cancer contrary to 22% of the general public.

The numbers relating to specific cancer found in firemen are as follows:

  • Multiple Myeloma Cancer: 53% greater risk to firemen
  • Testicular Cancer: 102% greater risk to firemen
  • Brain Cancer: 39% greater risk to firemen
  • Skin Cancer: 32% greater risk to firemen
  • Non-Hodgkin’s Lymphoma: 51% greater risk to firemen

Overall, the men and women in this career have a much higher risk contracting cancer but the state of Ohio does not currently provide workers’ compensation benefits to those affected by these illnesses.

36 other states already have workers’ compensation cancer laws in place. Ohio is 1 of 16 states that had failed to recognize the link between this occupation and cancer risks.

The firemen and families affected by their illnesses have been fighting to pass the bill for months now. As of last week, both the Ohio House and Senate have passed Bill 27 but it will not become effective until Governor John Kasich signs it within the next two weeks.

If you suffer a workplace injury or illness and want to know your rights to collect workers’ compensation, 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 877.944.4373

The Difference Between Full Coverage Car Insurance and Liability Car Insurance

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Most states have some type of car insurance policy requirement for all licensed drivers. In the state of Ohio, it is illegal for drivers to operate a vehicle that is not covered by insurance.

Unfortunately, this law does not require that Ohio drivers attain full coverage policies on their vehicles. With that being said, a large number of drivers choose the cheaper option: liability car insurance.

What is the difference between full coverage and liability car insurance?

The state of Ohio requires a minimum of liability car insurance, so why should drivers get anything more than liability coverage? Here are the differences between the two:

Liability car insurance: This policy helps pay a certain amount towards property damage or injuries from a motor vehicle accident caused by you.

  • Minimum of $50,000 total for injuries or death to 2+ people in any one accident
  • Minimum of $25,000 for injuries or death per person
  • Minimum of $25,000 for property damage

Full coverage car insurance: Any additional coverage beyond liability is considered optional coverage. Typically this type of insurance will protect you if an accident happens from no wrong doing of your own.

  • Collision (covers car collision-related damages to your vehicle)
  • Uninsured/underinsured (coverage that helps with damages in a car accident caused by a driver with no insurance or minimum insurance)
  • Comprehensive ( coverage that helps with non-accident related damages like vandalism or theft)
  • Towing

While liability coverage seems to be the best short-term money saver, it will not protect you in the event an uninsured driver seriously injures you or loved ones.

I can tell you from experience that there are many drivers on the road without insurance.

In my 34 years of practicing law, I have seen one too many car accidents that left victims seriously injured or worse—dead— at no fault of their own. And in the worst instance possible, there were no repercussions because the at-fault party had no insurance or a lapsed policy!

Always do your research on car insurance coverage before getting behind the wheel. If you or a family member were seriously injured due to a negligent driver, call me today and I will fight for the justice you deserve.

As your Ohio car accident 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 877.944.4373.

Drugged Driving: Driving High Breaks a New High in Ohio Accident Numbers

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There has been a severe drug epidemic in the state of Ohio within the past year. Last year alone there were 3,050 deaths due to heroin overdose.

As this drug epidemic continues to hold a grip on Ohio, the number of drugged driving incidents rises as well.

There have been 3,574 drugged driving accidents in 2016 so far in the state of Ohio. This accounts for 33% of impaired driving accidents!

The Ohio State Highway Patrol states that the number of drugged driving activity has increased an overall 25% since 2012. Illegal drugs play a large role in this, but statistics show prescription drugs are just as much a suspect in these numbers.

Both OSHP and ODOT (Ohio Department of Transportation) are working together to address this dangerous crisis on our roads, but it will take more than state and local authorities to fight the rise of drugged driving.

Young adults are impressionable; it is significant that parents start the conversation at home about the dangers of impaired driving before their children even get behind the wheel.

It is not enough to rely solely on authoritative officials to educate drivers. It all starts at home with the parents or guardians. Here are several tips for parents in dealing with the rise in drugged driving:

  • Talk to your children about the dangers and consequences of using drugs or alcohol, especially while behind the wheel.
  • Enroll your child in driving school and any other informative courses you feel necessary. The more your young driver learns before getting on the road, the better.
  • Be strict on car rules and nighttime driving—although drugged drivers may be impaired at various times of the day, nighttime is a high-risk time to be on the road. Even as a seasoned driver, you should always be cautious when driving late at night.
  • If you know of someone struggling with drug addiction, seek help through various Ohio rehabilitation sources or call the hotline for immediate help.

Impaired driving is one of the top causes in motor vehicle accidents. Though numbers may be high, it is an issue that people can change by educating one person at a time.

If you or a loved one was seriously hurt by an impaired driver, you need to call me immediately and get the help necessary to fight for justice. As your Ohio car accident 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.

 

6 Types of Workers’ Compensation Benefits You May Be Entitled To

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When you are hurt on the job and file a Worker’s Compensation claim, it can quickly become stressful and disorienting to deal with both the Bureau of Workers’ Compensation and your employer.

Before diving in head first, you should consider hiring an experienced attorney to handle your claim. There are many legalities and key components that you should become familiar with, whether you hire an attorney or not.

One component being the most significant reason in filing a work injury claim—the various benefits your employer’s worker’s compensation insurance may offer.

Ohio Workers’ Compensation benefits are meant to assist the injured worker, but there are several different rewards.

Here are 6 benefits that may be available following a workplace injury:

  1. Wage Loss– Paid to the injured worker for reduced wages.
  2. Medical Care– may include medications, hospital treatment, doctor visits, rehabilitation, etc.
  3. Permanent Partial Disability [or Schedule Loss]- Injured worker is compensated for permanent damages including loss of vision/hearing, loss of use, amputation, and immobility of joints from a trauma.
  4. Permanent Total Disability– Also known as PTD; this benefit compensates workers with a permanent total disability that prevents them from working. This includes the loss of earning capacity and could last for the individual’s lifetime.
  5. Temporary Total Compensation– Also known as TT; the worker is compensated when totally disabled from work for a short amount of time.
  6. Death Benefits– If a worker dies from a workplace accident or disease, the deceased’s dependents may receive benefits.

Each claim will have different results and offer different benefits based on the circumstances of a worker’s injuries.

The benefits as mentioned above are only a few offered through workers’ compensation, but there are many more that your attorney can discuss with you.

If you’ve been hurt on the job, you will need an experienced attorney who is familiar with the Ohio Bureau of Workers’ Compensation. Call me today for a free consultation- it is in your and your family’s best interest to see what benefits you are eligible for!

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.

Truck Driving Accidents- How Fatigued Driving Affects All Drivers on the Road

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In 1939 the Federal Motor Carrier Safety Administration issued a federal law known as Hours of Service (HOS) that would regulate the number of hours any commercial motor vehicle driver reaches in a day.

Since the regulations were put into place, HOS was revisited in 2012 due to a major climb in truck accidents caused by fatigued drivers.

As of July 1, 2013, the new HOS regulations limit truck drivers to 14-hour days and a maximum of 70 hours in a work week.

If these limits are exceeded by 3+ hours, drivers can be fined $11,000 per offense and potentially face civil penalties as well.

Since the new HOS regulations became effective in 2013, truck-related accident fatalities have increased. According to FMCSA, the 2013 year concluded with a total of 4,127 large truck accident fatalities. By the end of 2015 there were 4, 358 nationwide.

Even with the new regulations in place, trucking accidents are still on the rise. What factors might be contributing to truck drivers going against the federal law?

Although HOS are limited, several factors may manipulate drivers to push for more daily hours on the road:

  • Money. Drivers are often only paid for how many miles they complete, and the more hours on the road mean the more money they get paid.
  • Deadlines. If a driver misses a delivery deadline, it can have financial consequences. Some may risk the 14-hour limit to avoid missing a deadline.
  • Lack of truck drivers. The truck driving industry is a tough career path—between the long hours on the road, time away from family, training courses, and job risks (trucking accidents, penalties, accident lawsuits), it becomes more and more difficult to find drivers to fill the jobs.

The trucking industry is complex and potentially dangerous to other drivers if protocol is not followed and regulations aren’t frequently monitored.

For this reason, many are calling into question the need for special educational programs for drivers on the dangers of fatigue.

The FMCSA is still working on a plan to mandate trucking companies on dealing with fatigued driving. The National Transportation Safety Board suggests a “fatigue management program”, but some argue this would be expensive and not address all factors in fatigued driving.

As the industry searches for solutions, drivers should be cautious on the road at all times—especially near semi-trucks and late at night. If you or a family member was made victim of a negligent driver in a trucking accident, call me immediately.

As your Ohio car accident 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 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 Dangers of Failed Safety Procedures in the Workplace

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Working in the construction industry is one of the most dangerous careers in the U.S. As I mentioned in a previous blog, work safety measures must be the top priority for occupations such as construction due to the high risk of injury.

Excavation, according to recent statistics, is an especially dangerous field in the construction industry. According to new statistics by the Occupational Safety & Health Administration, excavation safety is in serious need of reform.

OSHA data confirms there have been 23 excavation and trenching fatalities in 2016 nationwide.

These types of work fatalities have doubled since 2015.

Two heart wrenching deaths occurred within our own state lines, one being the death of Ohio worker James Rogers. Rogers was killed June 2016 when the trench walls collapsed. He worked for KRW Plumbing and was laying piping in a 12-foot deep trench before it collapsed.

OSHA investigations identified that the employer, KRW Plumbing, did not follow trench safety precautions.

Safety standards based on OSHA guidelines states that trenches greater than 5-feet deep must provide cave-in protection.

Additional trenching and excavation safety requires based on OSHA rules include:

  • Trenching boxes or shoring should be used to protect workers in trenches deeper than 5 feet
  • Excavated soil and heavy machinery should be kept away from the edges of the trench
  • Trenches must be inspected at the beginning of every shift and after every rainfall
  • Atmospheric hazards should be tested, including hazardous fumes, toxic gases and low oxygen levels
  • Excavation sites should be inspected and monitored by what is called a “competent person”, such that this person can identify and manage safety hazards at a site
  • Sites should have safety access such as steps, ladders or ramps that will assure safe exit routes for workers

Trench accidents have a low survival rate for workers.

One cubic yard of soil, according to experts, can weigh approximately the same as a small vehicle. If a trench collapses on a worker, the 1 cubic yard is about 3,000 lbs.

With that said, it is imperative that injured workers or family members hold employers accountable when there are any safety violations resulting in serious harm. If you or a loved one have been made victim of failed safety procedures in the workplace, you need to call me today.

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.