What is the answer for nursing home neglect?

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If you, like me, have had to place a loved one in a nursing home facility, you know that, in and of itself, it is a terribly sad ordeal. A once proud, independent parent or grandparent must relinquish all control and rely on others for the most simple and basic tasks that we take for granted.

The sad circumstance, often times, spirals down into a nightmare when they become victims of neglect and abuse. Because they are so helpless and vulnerable they can easily fall prey to nursing homes that are understaffed and whose employees are poorly trained and poorly supervised.

In my 33 years of working as a Cleveland personal injury lawyer, I have represented countless victims of nursing home neglect and abuse. Each and every case breaks my heart because that victim reminds me of relatives that have spent their remaining days in assisted living environments.

The common question is, “What can we do to protect our loved ones and safeguard them from brutal and horrific treatment?”

A recent New York Times article, Watchful Eye in Nursing Homes, discusses the more and more popular use of hidden cameras in nursing homes and long-term care facilities to protect patients from mistreatment and abuse.

Proponents believe that hidden cameras are the only way to really know for sure what is going on, while others, including Marie-Therese Connolly, former Justice-Department coordinator of the Elder Justice and Nursing Home Initiative think that the problem is a bigger one than cameras can fix. “We shouldn’t rely on them to substitute for proper staffing and training, which are better ways to assure quality.”

Making them pay in a nursing home case means getting the victim and their family adequate compensation so that they may be made whole and can go on to lead as normal of a life as possible. In addition to that, my  goal is to change policy and protocol so that the tragedy that befell my client never happens to anyone ever again.

I am proud to say that the claims and lawsuits that I have brought against nursing homes have actually changed the way nursing homes do business. Their insurance providers say to them, in very clear terms, that in order for insurance coverage to continue to be extended, the facility MUST make changes so that this problem never happens again.

It is very, very important to know that nursing home cases fall under the umbrella of medical malpractice claims. This is important to note because there is a one-year statute of limitations, as opposed to the two-year statute for general negligence claims.

I can’t tell you how many times in my 33-year-career of representing the injured victim I have gotten a call from someone who told me their loved one was killed or catastrophically injured as a result of nursing home negligence. But tragically they waited beyond the one-year statute to call me, and they are forever barred from bringing a claim.

That is why it is so very important that if you think you or a family member has been hurt you need to call me right away at 1-800-55-MISNY.

Did your doctors do everything they could? (Getting Legal #130)

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Have you ever heard a doctor say, “We did everything we could…”? On this episode of “Getting Legal with Tim Misny,” I explain to 19 Action News’ Jon Loufman why maybe you shouldn’t of believed them.

In my 33 years of working as a personal injury lawyer in Cleveland, I have found that medical professionals tell victims of medical malpractice that complications could not have been avoided, and more often than not, that is simply not true.

If you or a loved one has been made a victim of medical malpractice, you need to call me, even if the doctor said that he or she did everything they could because that just might not be the case.

New episodes of Getting Legal air every Friday morning at 7:55 a.m. on CBS 19.

How long do I have to sue? (Getting Legal #129)

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Have you ever wondered how long you have to bring a lawsuit?

On this episode of “Getting Legal with Tim Misny,” I explain statutes of limitations to 19 Action News’ Jon Loufman, and why, if you think you have been made a victim of birth injury, medical malpractice, or catastrophic injury, you need call me right away.

The amount of time you have to bring a case varies depending on what type of case you have. For most negligence cases, i.e. car accidents, you have two years to bring a claim, but in medical malpractice cases, you only have one year.

Despite these general rules, there are always exceptions and different nuances, and that is why you have to call me right away at 1 (800) 55 – MISNY if you think you have a case.

New episodes of Getting Legal air every Friday morning at 7:55 a.m on CBS 19.

Why so many lawsuits (Getting Legal #128)

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On this episode of “Getting Legal with Tim Misny,” I explain to 19 Action News’ Jon Loufman what happens when corporations put profit over safety.

Getting Legal airs on CBS 19 every Friday morning at 7:55 a.m.

ER visit not enough: Why you need follow-up care after a car accident

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Part of my job, each and every day, is to talk to people who have been involved in car accidents.

Oftentimes, when I ask about medical care, injured victims will tell me they visited an emergency room, but rarely do they have plans to seek follow-up care.

This is most disturbing to me because immediately after an accident it is of the utmost importance to seek out proper medical care. An emergency room visit should simply be the first step in the process.

Medical Malpractice

Depending upon the nature of my client’s injuries, I oftentimes recommend that they seek follow-up care with a wide variety of medical specialists, such as orthopedic surgeons, physical therapists, neurologists, and/or psychiatrists to name a few.

In each and every case, I have two goals in representing my client. First and foremost, I want them to get the very best medical care, so that their injury may be properly diagnosed and treated. My second goal is to get them the kind of compensation that will adequately provide for their lost wages, medical bills, and future pain and suffering.

In order to accomplish both of these goals, my clients need to establish proper medical care IMMEDIATELY. With each passing day, it makes it more difficult for me, as an advocate, to attribute their injuries to the accident.

Suffice it to say, an emergency room visit is not only appropriate, but necessary. However, it is not nearly enough.

Medical Malpractice

If you or a loved one are ever a victim of medical malpractice, birth injury, or catastrophic injury you need to call me immediately at 1 (800) 55 – MISNY. We will sit down and discuss, in detail, your medical condition and work together to get you the very best medical treatment. You deserve nothing less.

Not only will you and/or your loved one meet with me personally, but if I do agree to take your case, you will receive my personal direct dial cell phone number. The reason being that my client’s needs and concerns to do not conveniently fall into nine to five parameters.

As a personal injury lawyer, I ensure that my client’s medical treatment is constantly monitored, so that they will remain on track for a full recovery.