Accidents with Uhauls, Rental Trucks or Camper Vans

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Bigger Vehicles, Bigger Dangers

Many of us have that instinctual drive to keep away from, or quickly pass, semis on the road. That feeling where the hair stands up on your arms and visions of news coverage or “Final Destination-esque” scenes play out in our head.

What about other large vehicles, driven by inexperienced drivers?  We seem to have a reverse-logic, false sense of security. Tractor trailers and semis are professionally driven, requiring a CDL license endorsement, strict time laws and other guidelines. While truck accidents do happen, campers, U-hauls and other large transportation modes on the highways can pose significant risk, and are not governed by any of the aforementioned. Would you be surprised if I told you Ohio drivers need a special license to safely operate a motorcycle, but not to drive a large RV or rental truck?

Driving a large vehicle is complicated.

  • Increased risk
  • Inexperienced driving
  • Emergency response ineptitude
  • Lack of insurance
  • Lack of operational experience

Dangers of Rental Vehicles – Accidents in Uhauls and More

Any adult with a valid license can rent a 16 or 26 foot (or similar size) box truck from local dealers across the area.  This means any individual can grab keys and hop behind the wheel – With little to no instruction involved.  In addition to the sheer size of the vehicle, many of us are not even sure how to properly start or operate it! A typical truck rented for moving is about 4 times the size and weight of a normal everyday car. EMPTY!

Factor in the stress of moving, weather related threats, other drivers and other factors, it can be a recipe for disaster. From the simple time it takes to stop, to the distance needed to change lanes, rental vehicles are a dangerous road hazard.

A 2014 study prepared for Congress stated that over a five year period from 2005-2010, 134 rental trucks crashes were reported. While this seems small by count, these crashes caused over 163 individual serious injury, and resulted in over 170 deaths. Driver errors and varying inspection standards and loop holes are partially to blame. Uhauls and other rental trucks have a long history of shady, negligent maintenance practices that can extend the danger.

 

Campers and Motor Homes

RVS, motor homes and campers add an entirely different element into the mix! While it may be a dream come true for some, campers and RVs can be a true nightmare.  Distracted and inexperienced driving coupled with slower reaction times and maintenance issues, weather or traffic conditions, can make your RV hell on wheels.

Aside from additional registration fees, most campers and RVs do not require any additional training or licensing to operate! And aside from general insurance, most are not covered by more than a normal policy.

Even in perfect weather conditions, driving large or oversize vehicles can pose serious dangers.

  • Assured distance
  • Clear and wide turning
  • Parking
  • Difficulty maneuvering
  • Maintenance issues
  • Distracted driving
  • Tired driving
  • Speeding and stop distance
  • Overloading / imbalance
  • Improper towing

A FMCSA (Federal Motor Carrier Safety Administration) report released sited that in 2012 alone, over 75000 people were injured nationwide in RV or motor home accidents.

Large vehicles driven by inexperienced drivers are a serious hazard on our roads. If you or someone you love was injured or killed in an accident with a Uhaul, rental truck, RV or motor home – You must contact my offices immediately.

As your Ohio car 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.

IVF (In Vitro Fertilization) and Birth Injury Risks

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IVF (In Vitro Fertilization) and Birth Injury Risks

If you or someone you love conceived through IVF or In Vitro Fertilization, it is more likely than not that your road to pregnancy and parenthood has been less than easy. Having children is no doubt one of life’s biggest blessings, and assisted reproductive technologies are an incredible answer, but typically accompanied with a heavy heart and a heavy price.

IVF or In Vitro Fertilization is a process to assist in reproduction and ultimately pregnancy, whereby an egg(s) is fertilized outside of the body and then inseminated. The process begins with stimulating egg production, retrieving the eggs, fertilizing and inseminating. Hormone therapy and additional medical support is often required, before and during the pregnancy. In many cases, the mother is previously diagnosed with a complication, leading to the need for IVF.

IVF is used in a variety of situations;

  • Male or female infertility
  • Unexplained infertility
  • Damaged or inviable fallopian tubes
  • Ovulation issues
  • Genetic disorders

Costs are estimated to start from $10-$20,000 just for a single cycle. Coupling the cost and the emotional toll, In Vitro is not a decision to be arrived at lightly!

IVF In Vitro Fertilization and Birth Risks

IVF pregnancies are often and commonly labeled as ‘high risk’ due to a variety of factors. While IVF itself may or may not constitute higher risk pregnancies, recipients of IVF are more likely to have complicated medical histories that contribute to the diagnosis. Further complicating that, 40% of IVF or assisted pregnancies can results in twins or multiples, which is also considered higher risk.

If your OB GYN fails to appropriately plan your pregnancy, an IVF or assisted pregnancy and subsequent birth can have devastating outcomes.

Pregnancies from IVF are at a higher risk of several concerns;

  • Low birth weight
  • Premature labor
  • Multiple births
  • High BP
  • Preeclampsia
  • Bleeding complications
  • Increased cancer risks
  • Stress and painful symptoms
  • Procedure complications
  • Ectopic pregnancies
  • Birth defects
  • Miscarriage & more.

Unfortunately, these are in addition to the potentially painful, expensive and emotionally taxing elements.

IVF has brought hope and the possibility of family to so many – But not without an expensive and emotional price tag.  The emotional toll, coupled with both known and unknown risks can be overwhelming.

If you or a loved one suffered a loss or birth injury following an IVF pregnancy, contact my offices immediately.  As your Ohio birth injury 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.

Uber Accidents Claims

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A New Type Of Accident Claim in an Uber World

Ride sharing is on the rise, and unfortunately so are related accidents.  While Uber, Lyft and other ride sharing, taxi or carpool services fill a need in today’s society – we also need to ensure our laws change to keep up with the times!

There are several ways individuals can be involved in Uber accidents;

  1. You were in an Uber or car from a ride share app, and an accident occurred
  2. You were in another vehicle, and you were hit by an Uber driver
  3. You were a pedestrian struck by an Uber driver

In the case of Uber and other similar ride apps, we have unlimited options at our fingertips.  Unfortunately, for drivers and passengers, this can be a dangerous game.  Drivers are actually independent contractors who use their personal vehicles for financial gain.. This can be contrary to their insurance policies in many cases.  Further, whether or not an active Uber ride is occurring can also impact the situation.

To combat this, Uber has a $1 million dollar umbrella-type liability policy, that extends beyond the drivers’ coverage. There is also coverage in place for when the driver is not actively transporting a passenger, as a result of tragic cases in California and New York.

Now your accident and injury has become increasingly more complicated.  What do you do next?

If you were involved in an Uber accident, start with these 4 steps.

  1. Get immediate medical attention
  2. Document everything as best as possible, or ask a loved one for help
  3. Call a lawyer. If you were injured in the accident in any way, it is best to consult a lawyer immediately
  4. Do not accept any offers or make any declarations.  Follow the user recommended instructions as provided by Uber.

“Who’s Driving You” a self proclaimed public awareness campaign, highlights the dangers and extreme incidents that have resulted from Uber and Lyft drivers around the globe. Although not much different than the individual we trusted to drive our limos, buses and taxi cabs – The Uber world certainly brings another element to the table.

Uber and similar ride sharing apps have absolutely changed the landscape.  It is not often that technology of this magnitude is released and scales so quickly!  This can further complicate the situation.  Uber has no claim or report number and doesn’t even call themselves a taxi or transportation service.

If you or someone you love was involved in an Uber car accident, call my offices immediately.  As your Ohio car 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.

 

 

Multiple Births and Birth Injuries

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Birth Injuries and Multiple Gestational Pregnancy

Multiples, or more than one baby,  most commonly refers to twins or triplets. Multiple births can absolutely lead to risks for mom and babies.

Your medical team must be 100% experienced and skilled in handling multiples before, during and immediately following the birthing process. Careful planning and preparation goes into every pregnancy, but with any high risk case the experience of your medical team is critical.

Pregnancies with multiples occurs frequently thanks to science and medical advancement in, in-vitro fertilization. Twins occur in 1 in every 80 pregnancies, while triplets occur in 1 in every 7,000 pregnancies.  With this comes a classification of a high risk pregnancy, and an increased risk of a variety of known complications.

Common Multiple Gestational Risks

  • Pre term labor – Anywhere from 4-6 weeks early delivery is considered normal … About 90% of triplets are preterm births, and about 60% of twins.
  • Placental complications – Most commonly placenta abruption
  • Umbilical prolapse – Compression of the umbilical cord before or during delivery
  • Hemorrhage – The possibility of prolonged and increased bleeding during and after childbirth
  • Growth Restrictions – Your babies growth is restricted because your placenta simply cannot accommodate
  • Gestational Diabetes – A potentially dangerous diagnosis for mom during the pregnancy
  • Preeclampsia – High blood pressure and toxemia in pregnancies
  • TTTS – Twin to Twin Transfusion, a medical condition whereby which multiples may share blood
  • Cerebral Palsy – Severe, lasting mental and physical limitations
  • Low birth weight – Babies born less than 5 pounds, 8 oz.

Planning for a health pregnancy and delivery

A birth injury or trauma following delivery is one of the most tragic experiences any family can go through.  Unfortunately, failing to properly plan for a healthy pregnancy and safe delivery is commonly a factor.  In multiple births, delivery can be even more complicated.  The position, order of the babies and other critical factors are used to determine a birthing and delivery plan.  While twins may be able to be safely delivered via natural child birth, triplets and beyond are typically delivered via C-section.

All of these and other potential scenarios are very dangerous, for both mom and babies. If you or a loved one experienced injury, loss or issues with a multiple gestation pregnancy, you must call my offices today.

As your Ohio birth injury 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.

Hurt at Work – Now What? Top 3 Workers’ Comp Questions

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Navigating through a Workers’ Comp claim can be incredibly grueling.  I recommend contacting our offices to begin the claims process correctly from the start.

Here are the Top 3 Questions our Clients ask Regarding a Workers’ Comp Injury Claim.

1. What are the Statutes of Limitations for a Workers’ Comp Claim?

The date a work injury, work related illness or death occurred is incredibly important. This date is used to determine the statute of limitations for your case.  Properly documenting your case is critical to a successful Workers’ Comp claim.

Based on the date of occurrence, the statute of limitations for an injury claim or for occupational related disease/illness is as follows;

  • Two years after the date of disability (When you first became aware of, and/or treated for and/or quit work due to the illness)
  • Six months from a physician’s diagnosis
  • Two years after a death

2. What Constitutes a Claim of Workers’ Comp?

Top insurance reports indicate that the 5 most common types of work related injuries comprise over 70% of worker’s comp claims.

  1. Material handling
  2. Slips, trips and falls
  3. Object contact
  4. Tool accidents
  5. Overexertion / long term traumas from repeated use

Common worker’s compensation related injuries:

  • Strains and sprains
  • Cuts or wounds
  • Contusions
  • Inflammation
  • Breaks 

Unfortunately, this list is largely void of some of the more serious injuries – Although may be less common, the impact can be arguably more severe.

  • Amputations
  • Brain injuries
  • Eye or hearing
  • Shocks and electrocution
  • Crush injuries
  • Multilevel or high level falls

3. Payment Eligibility?

Once your claim has been approved or allowed by the Ohio Bureau of Workers’ Compensation, there are 5 common payment eligibility terms you may qualify for.

  1. Temporary injury compensation for time missed if you were completely unable to work for a certain amount of time.
  2. Payment to compensate for a reduced income if you are now restricted due to an injury.
  3. Percentage of partial disability payment (PPD) which is for long term impairment that was caused by an injury or work related illness.
  4. Permanent total disability (PTD) payment if you have been declared permanently and completely disabled.
  5. Lump sum settlements that are awarded as a settlement to a worker’s injury claim.

Determining where you fall in the payment eligibility pools and ensuring you have followed all proper protocol, is essential to any successful Workers’ Comp claim and subsequent award.

View more common questions at the Ohio BWC site, and call our offices today.

If you or a loved one has suffered an injury at work, or suffers from a work related illness, you must call my office now. The Ohio BWC can be very complicated and confusing. As your Ohio workers’ comp 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.

Addiction and Medical Negligence Cases

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Medical Negligence in Addiction and Overdose Cases

Despite 35 years of representing victims of medical malpractice, negligence and preventable injuries and deaths, I still need to stop and catch my breath from time to time.  As our world changes, so too does medical intervention and negligence that can result from faulty medical care In a recent local case, an addiction and subsequent overdose due to medical negligence, was named as the leading factor in the death of a 55 year Northeast Ohio man.

In 2010, by all accounts, 50 year old Bret Moyers was a healthy man.  5 years later, Mr. Moyers was dead and his family suffered an unimaginable tragedy. After an injury at work, Mr. Moyers was prescribed and treated with heavy pain medication, and eventually an accidental overdose led to his death at the young age of 55.

The first aspect of this tragedy was that Mr. Moyers was injured at work. The second aspect was that he was a victim of negligent medical care for failure to manage his condition properly; ultimately leading to his death.

Proving Medical Negligence or Malpractice

Headlines across the country are riddled with the tragic stories of addiction, and many believe that the drug manufacturers are truly to blame.  Furthermore, hospital quality scores and physician ratings are often tied to pain management success, and many medical professionals claim they are in an impossible position.  The drug manufacturers want their drugs prescribed, and the hospital ratings from patients who want and/or need the drugs also support handing out opioids and other heavy pain medications.

In the Moyers’ case, the estate and family of Mr. Moyers alleges medical negligence as a result of addictive medications readily and continually prescribed without proper patient evaluation.  They further ascertain that the individual responsible for writing the prescriptions was inexperienced in pain management of this nature.

Lake Health is named in the suit, as well as the independent medical practitioner.  The suit alleges that as a whole, Lake Health failed to outline and adhere to the proper administration and monitoring of addictive pain medications, all while Ohio was/is going through one of the worst addiction and overdose trends the country has seen.

Only time will tell how Mr. Moyers’ estate and subsequent case will result, but I anticipate a large shift in cases of this nature.  At what point do we need to hold the medical professionals responsible for wielding the pen and pad without regard?

If you or a loved one has suffered an injury or tragic death, contact my offices immediately. As your Ohio medical malpractice 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 Risk of Birth Injuries with Midwives

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Home Births and the Risk of Birth Injury

Home births are often the center of heated debates with advocates citing a long list of benefits, while adversaries use common statistics to support the argument against.  In general, home births are largely associated with a higher risk of deaths, both perinatal and neonatal.

According to the American College of Obstetricians and Gynecologists, it is estimated that about .9% of births occur at home annually, a total of about 35,000. That is less than 1% of all births across the country!

It is further estimated that 25% of these are unplanned or emergency home births, which is also at the core of the debate, as they may skew the results.  Not planning for a home birth can ultimately equate to higher risks, complications and fetal mortality.

While we know there is no guarantee, even in a hospital setting – it is hard to deny the inherent risk associated with a home birth.  Things can go tragically wrong, even in a hospital setting with your OB-GYN at the helm.  Unfortunately however, the likelihood and ease of emergency response is simplified when already in the hospital environment.

Home Births 101

Choosing a midwife and/or a doula to help with your birth plan can be a complicated process.  The laws vary, and the International Confederation of Midwives’ Global Standards for Midwifery Education is a great resource.  From educational information to standards for certification, the ICM is a good baseline for a starting point of reference.

Midwives may also vary in their thought processes and practices, so it may be important to consult several before making a decision! You will also likely still want the involvement of an OB-GYN and pediatrician as well.

Commonly Cited Benefits of Home Birth:

  • Historical relevance
  • Less stress
  • Comfortable environment
  • Family / friends
  • Cited lower risk of infection
  • Avoiding epidural, etc.
  • Costs

Home Birth Criteria;

  • Healthy, low risk pregnancies
  • No known medical complications
  • No preterm labor
  • No history of birth complications

Home births are NEVER recommended for

  • Fetal malpresentation
  • Multiple gestation
  • Prior cesarean

Unfortunately, in my career I have often seen the lack of predictability during the birthing process, and the results can be devastating.

The risks and tragic outcomes are very real;

  • Stillbirth or death – Increased risk for mother and baby
  • Hemorrhaging risk
  • Brain injuries
  • Cerebral Palsy
  • Anoxic or Hypoxic Injuries
  • Erb’s Palsy
  • Developmental and learning impediments

Pursuing a Medical Malpractice or Birth Injury Claim

Filing a claim against a midwife is complicated. In addition, midwives may or may not be required to carry malpractice insurance which can further complicate the case. These are the three most common grounds for filing;

  • False credentials / misrepresentation
  • Financial motivation or negligence to ignore complications, warning signs or issues..
  • Failure to have an emergency plan.

If your child has suffered a birth injury, call my offices immediately.  As your Ohio birth injury 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.

 

 

 

 

MRSA Hospital Acquired Infection

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 MRSA and Hospital Acquired Infections

For many, a surgery or hospital visit of any kind is coupled with anxiety, and with high hopes for a ‘best case scenario’.  Unfortunately, despite a successful surgery or procedure, a simple hospital stay in and of itself can cause complications.  MRSA, the common name for Methicillin-Resistant Staphylococcus Aureus, is the leading culprit, and most widely recognized type of hospital acquired infection.

In addition to being resistant to many antibiotics, MRSA has an array of qualities that make it downright awful. MRSA is easily transmitted, and can quickly cause sepsis or death, even if detected early.  Children, the elderly and those that are ill or have undergone a procedure, are all at a higher risk.

How Poor Hospital Care Leads to MRSA

MRSA alone is not uncommon.  The CDC reports that MRSA is estimated to be present in every 2 out of 100 individuals, and that 33% of people carry general STAPH within their nose, that does not cause any resulting illness.

The CDC also reports that cases of MRSA are down roughly 50% over a five year trend, but averaging still about 30,000 cases.

MRSA is spread simply, by contact with an infected wound or by cross contamination. 

  • Improper patient contact
  • Lack of glove usage / improper gloving
  • Lack of cleanliness in utensils
  • Lack of surface cleanliness

A healthcare professional can spread MRSA by treating an infected wound and then going to a second patient and spreading the bacteria.  Failure to properly clean hands, tools and gloving are all factors.

The results of MRSA can be deadly. Even a simple procedure can lead to long term effects or death. While MRSA is partially to blame on antibiotic resistance, CDC guidelines can largely eliminate the issue and the spreading of MRSA in hospital facilities.

If you or a loved one has suffered serious illness or death as a result of MRSA acquired in a hospital setting, contact my offices immediately. 

As your Ohio medical malpractice 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.