Live On Lakeside – Where I’ll Make Them Pay All Began

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Where “I’ll Make Them Pay”® Comes From

After 20 appearances on “Live on Lakeside” Michael and I finally talk about my slogan “I’ll Make Them Pay”® and where it all began.

The Inspiration Behind “I’ll Make Them Pay”®

Unfortunately, the tale behind “I’ll Make Them Pay”® is a sad one to tell. Many years ago, I received a call from a young father.  His son had just went in for a simple surgical procedure, and due to negligent medical error – Suffered a terribly severe brain injury. An easy procedure and something went terribly wrong.  He called me, and he just didn’t know where else to turn.

I met with him and their family immediately.  It was clear that they were heart broken and distraught – With only one goal in mind. The doctor that caused this tragedy has got to be held accountable.

On my way out of the hospital, the boys’ grandmother pokes me in the chest – All 98 pounds of fury, she tells me  ‘GO MAKE THEM PAY’.

I told her I will.

And I did.

I dedicated all of my experience, resources and energy to this case. The family was compensated, the doctor was held accountable, and they were able to resume as normal of a life as possible.

Why My Clients Call Me 

I cannot change the past, and I can’t bring your loved one back. In over 36 years of medical malpractice cases and tragedy, never once did a client come to me and talk about money. 

This process is about justice.  Holding the guilty party accountable for what they did, and making sure it doesn’t happen again, is always the number one priority. Compensation is often a necessity as a direct results of the tragedy, but the goal is always to hold the guilty party accountable.

 If you or a loved one suffered a tragedy, you must call my offices today.

  • Personal Injury
  • Accidents
  • Medical Malpractice
  • Birth Injury
  • Surgery Problems
  • Wrongful Death
  • Worker’s Compensation & more 

Your problems become my problems.  My clients receive my direct dial line –  Your concerns are not 9-5. I am not 9-5.  We get results.

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.

 

Live On Lakeside – Where “I’ll Make Them Pay” Began

 

Prom Night Car Accident Tragedies

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From Corsage to Catastrophe

From a night to remember, to a night they’ll never forget – Prom night accident tragedies are unfortunately all too common.

Our hearts and prayers go out to the families effected by a recent tragedy in which a 17 year old lost her life and an 18 year old was severely injured. While the investigation is ongoing, and the cause has not been confirmed, it’s a difficult reminder that young lives can be cut short in an instant. Prom season is celebrated more than ever before, with viral ‘promposals’ and increasingly large budgets, as well as an increased risk of accidents and tragedy.

From drunk driving, drowsy or distracted driving and other careless behavior on the road ways – Our youth are at a higher risk than ever before.  Relatively new drivers can also create incredibly dangerous driving conditions for all of us on the roadways.

Statistics show about 30% of teen traffic fatalities occur during the months of April-June, and are alcohol related in nature.

The increased risk is directly associated with ‘prom season’ and a recent MADD Study estimates that about 75% of kids are propositioned to drink during prom. Another 50% report having been offered drugs. These terrifying estimates are a cold warning for all of us, including parents and their prom goers..

Preventative measures

From mock crash set ups to educational and informational resources, as well as preventing or closely monitoring prom goers before, during and after the festivities – Many area schools are trying to crack down on prom dangers. Unfortunately, just as with any other young age group – teens are just not going to abide 100%… It is simply impossible to watch every teen, every hour, of every day.

The recent tragedy in Ohio was likely attributed to “after prom”, causing the driver to be drowsy in the wee hours of the morning and ultimately crashing into a utility pole, killing his 17 year old passenger. Even preventative measures can backfire, truly proving that we have to push our teens to think twice.

Drinking and drugging aren’t the only dangers

Pressure to drive fast and dangerously is also common,  with over 50% of surveyed teens reporting to MADD that they felt pressure to drive recklessly. Failure to wear seat belts, distractions and other dangers are lurking around every turn. Texting, increased passengers, and tiredness are all risk factors for increased accidents.

Accidents are the NUMBER ONE cause of deaths for teenagers.  One drink for a teen increases their likelihood for a fatal accident by 17 TIMES.

Of course we want to protect kids on the road ways, but we also need to ensure our own safety and hold those accountable for their reckless behavior.  From promoting under age drinking to teens getting behind the wheel – If you or a loved one was injured as a result of a drunk driver, you must call my offices today.  Do not listen to your insurance companies, and do not risk another tragedy.

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.

 

Medication and Birth Defect and Injury Consequences

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Did your medication cause your baby’s birth defect?

Medication and improper medication management can often be the cause for a tragic birth injury or birth defects. As we learn more and more about the drugs commonly prescribed, the more warnings and restrictions occur.  While a drug may be allowed now, it can be deemed dangerous in the future as research progresses.  Further, mistakes in medication type or dosage pose a very real threat to any pregnancy.

  • Medication with Dangerous Side Effects
  • Wrong Drugs
  • Wrong Doses
  • Wrong Labor Drugs

Medication prescribed during your pregnancy or during labor must be deemed necessary and safe for both you and your unborn baby.

Recognized Dangers

One of the more commonly discussed family of medications is known as SSRIs, which are used to treat anxiety and depression.  Once acceptable, SSRIs are now known to cause a host of issues for an unborn baby, including spina bifida, pulmonary hypertension, developmental issues and more.  Common drugs like Prozac, Lexapro and Zoloft are no longer safe for mothers and their unborn children. Just a short time ago, this simply wasn’t the case and countless families suffered tragic birth defects and even death.

Other common types of medications that can cause issues for your baby include antibiotics, benzodiazepines used for seizures or anxiety, acne medications, cancer medications, some OTC pain medications and more. The list is truly endless!

Other Medication Errors During Pregnancies

In addition to failing to monitor your medication during your pregnancy, you are also at risk for other medication errors.

  • Dosage issues
  • Similar name confusions
  • Handwriting problems
  • Epidural issues
  • Using drugs for other then what they are prescribed

If you took medication during your pregnancy, and your baby suffered a birth injury or birth defect, you must contact my offices immediately.

A decade ago, many of the medications we now know to be dangerous, were commonly and freely prescribed.

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.

Under Ride Truck Accidents – Under Ride Guards are the Answer

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Under Ride Truck Accidents on the Rise 

Two mothers that suffered unimaginable, tragic losses are leading the crusade for better under ride guards on semi trucks.

The average semi truck trailer is about 3’ off the ground.  The average personal vehicle can easily “fit” beneath the semi trailer during an accident.  Unfortunately, under ride accidents have resulted in countless tragic and preventable deaths.  A vehicle that hits the side or rear of a semi trailer is almost guaranteed to have catastrophic results.

The solution is actually quite simple: Under ride guards.  On the back and sides of large trucks, under ride guards are metal or fiberglass barriers that hang to prevent smaller cars, trucks and SUVs from going under the trailer in an accident.  Unfortunately, the current federal mandate is decades old and trucking companies do not have to have ride guards in place.  Safety advocates are pushing for a big change. Under ride guards should not be confused with skirt type side panels that are used to improve gas mileage and driving performance. True, effective under ride guards are tested to withstand high speed impact and prevent passenger vehicles from becoming lodged under the trailer.

The Facts About Accidents and Under Ride Guards

Semi trailers are not required to have side under ride guards, and existing under ride guard quality is not mandated – Meaning many existing guards can crumble on impact. Rear under ride guards are federally required, further supporting the notion that side guards are a no-brainer.

A 2015 IIHS (Insurance Institute for Highway Safety) study found

  • 1,500 total individuals were involved in accidents with semi trailers
  • Of those, over 300 suffered fatal injuries
  • 292 additional accidents resulted in fatalities after drivers rear ended semi trailers
  • It’s estimated about 50% of all fatal accidents involving semi trailers are under ride related in nature

Under Ride Truck Accidents

  • Semi drivers lose control and vehicles become trapped
  • Car drivers can get pushed or crushed under during collisions
  • Distracted driving
  • Weather related accidents, sliding and more

Passengers and drivers are both at risk. Whether your vehicle becomes trapped after a head on collision impact, or from a side ways or rear impact – The crush injuries are virtually unavoidable.

Under ride guards that are built and installed properly almost guarantee a collision with the side of a semi truck trailer will allow the passenger vehicles safety mechanisms to work – Stopping the vehicle from going underneath the trailer and deploying air bags and seat belts to aid in crash injury prevention.  While the impact can be dangerous, the crush and nature of entrapment under a trailer is far worse.

  

Passenger vehicle occupant deaths in 2-vehicle crashes with tractor-trailers 

Table from IIHS Insurance Institute for Highway Safety

 

 

 

 

 

 

 

 

 

 

If you or a loved one was injured or killed in an accident with a semi trailer, contact my offices immediately. As your Ohio truck 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.

 

Akron Summa Health Care Medical Malpractice

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Summa Health Care – The Impact of 2017 Changes

Resident programs revoked after hospital found to be deplorable, 2017 staffing changes found to wreak havoc.

If you were treated at Akron Summa Hospital ER in 2017, you need to read this.

Imagine you show up to the ER for emergency care, only to find out that day the staff had been replaced, chaos ensued and the current and future quality of care was questionable, at best!

This isn’t the plot for a drama on Netflix – that is exactly what happened in our very own back yard at Akron’s Summa Hospital. Employees reportedly failing to reach contract negotiations in 2016 were abruptly led out of the door on January 1, 2017.

Unfortunately for Akron’s Summa hospital, 2017 has not been a prosperous year.  Starting on New Years Day 2017, all hospital academic physicians contracted by SEA (Summa Emergency Associates) for decades, were also led out of the door.  A new contracted company was put in place to provide staffing and the results were catastrophic.  SEA employees were offered and declined generous packages by USACS, the new organization scrambling to fill roles.  The hospital also lost its national accreditation for their medical residency program.

Out with the Old in with the New

USACS unfortunately miscalculated their opportunity, falling short on staff and on experience.  Many physicians they brought in were not residing in Northeast Ohio, and had very little academic experience.

USACS supplies staff for hospitals across the US, providing physician placement and other health care industry roles.  Coincidentally, USACS CEO is also the husband of Summa’s Chief Medical Officer – A relationship that was said not to have influenced the decision.

The resulting actions and loss of national residency accreditation occurred after compounding complaints by patients and other community partners – Claiming patients were being treated and released by residents – Ignoring requests for supervisor consults. Unfortunately for current and future students, this means their residency needs a new home – And Akron Summa is no longer an option.

How Medical Malpractice Happens in Transition

Poor planning and terrible decision making can both contribute to large instances of medical malpractice. Lack of medical experience in a training hospital, lack of organization and overall chaos can certainly allow patients’ care to fall through the cracks.

If you visited Akron Summa Hospital in 2017, and suffered an injury due to medical malpractice or neglect, you must call my offices today.

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.

Ohio Move Over Law – Accident Avoidance

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Ohio Move Over Law Penalties May Change

The Ohio Move Over Law is simple: if you approach or are approached by an emergency vehicle on a state highway with emergency lights on, you must move over and/or slow down. In instances where it is not safe to move over, such as heavy traffic or poor weather, you must slow down to safely allow the emergency vehicle to pass, or complete your pass to move over.

Recent news headlines detail the tragedy of two officers struck and killed in separate accidents while on duty in construction work areas on the same stretch of Northeast Ohio highway. Many argue the Move Over Law should extend to ALL emergency vehicles, construction crews and anyone in a disabled vehicle on highway road sides.

Risks for crashing into emergency vehicles or someone on the side of the road run the gamut

  • Distracted driving
  • Impaired driving
  • Visual limitations
  • Failure to control
  • Unsafe speeds
  • Unsafe passing
  • Weather conditions

New penalties proposed for violators include up to 6 months in jail, and a $1,000 fine – But is that enough? We have to start valuing human life on the roads. The only way to change this is to hold guilty individuals accountable, and change the way we think about and handle careless behavior.

Move Over to Save Lives

Statistics in the US are horrific.  Each year, hundreds of people are killed or seriously injured after being struck on the side of the road.

  • 1 tow truck driver is killed nationally every six days
  • 1 police office is killed per month
  • 23 highway workers are killed on average each month

These numbers don’t even take into account pedestrians, or accidents with moving emergency vehicles, as a result of driver negligence!

The rising accident counts, and increased rear end vehicle accidents are no mystery.  There are more people driving than ever before, and we are more distracted then we could have ever imagined. Checking a text message or fidgeting with your Pandora channel can cost someone a life!

If you or a loved on was injured as a result of a negligent driver, call me immediately. As your Ohio 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.

Workers’ Compensation Fines – Profit Versus Safety

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When Big Fines Aren’t a Deterrent

Recent workers’ compensation fines are making the headlines, but is it really enough?  Unfortunately, every single day in Ohio and across the US, individuals are asked to perform work related duties that have very real dangers.  For many, common sense safety is enough – But unfortunately, accidents do happen! This is exactly why companies are required to have safety measures in place, to prevent tragedies in the first place. Lack of training and proper safety procedures can yield the ultimate price tag. Unfortunately big corporations pay the fines, and go about their day as if nothing happened.  This is unacceptable!

A recent story about a gentleman in Oregon is the perfect example.  An Ohio auto manufacturing company operating an Oregon facility was fined $570,000 as a result of safety violations that led to an employee suffering severe injuries on the job. Due to an unsafe machine, the 46 year old suffered the loss of his hand and partial loss of his arm, changing his life forever.  The simple fix?  Proper guards on the machine for which he was assigned to work.  This company clearly chose profit over safety!

Protecting Your Rights in a Work Related Injury

Every time a person goes to work there is a level of expectation regarding safety.  Sadly this wasn’t the case for the individual mentioned above; his life was forever changed.  The company in Ohio was fined $570,000 and the gentleman likely pursued a workers’ compensation claim for benefits and reparations. Nevertheless, nothing will replace his missing limbs!

Unfortunately, the claims process and injury recovery can be incredibly overwhelming.  If you allow your place of employment to determine the path to your claim and recovered benefits, your path may come up short!  Hiring an expert to navigate the complicated claims and benefits process is essential.

Your workers’ compensation claim for an injury such as loss of limb could include medical care, reconstructive surgeries, therapy, prosthetic, medication, lost wages and more.

If you or a loved one has suffered an injury at work, 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.

Motorcycle Accidents – National Motorcycle Awareness Month

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May is National Motorcycle Awareness Month

Motorcyclists in Ohio cannot wait to get back on the roads when the weather starts to warm up. As I’m sure you’ve noticed with the warm weather approaching, the motorcycles’ roar is more and more prevalent around town.  Unfortunately, despite being a small fraction of ‘vehicles’ on the roadway, motorcycle accidents account for over 14% of traffic fatalities. The National Safety Council reports that in 2015 alone, 4,976 motorcycle riders died as a result of crash – and another 88,000 were injured!

This month is Motorcycle Safety Awareness Month and it is important to understand the risks that motorcyclists take when sharing the highways.  

During the warm months of spring, summer and fall, motorcycles will be a popular form of transportation on the roadways.  Gas is cheaper, transportation is fun and traffic is a breeze – all while enjoying the open air and great weather. This also means there will be an increase in motorcycle accidents and deaths.

Motorcycle riding comes with risks because of lack of surrounding metal and airbags for protection.  Motorcycles are also not seen as well as cars and trucks.  Use of helmets and protective clothing offer some safety for riders but even with the proper gear the risks of serious injury or death are much higher than riding in a passenger vehicle.

The most common factors in motorcycle accidents are:

  • Drugs and alcohol (Roughly 30% of accidents were drug or alcohol related)
  • Weather
  • Speeding (About 30% of accidents contributed to speed)
  • Inexperience
  • Age  (Estimated to be a factor in 35% of accidents)
  • Road Hazards
  • Colliding with other vehicles

Because of the lack of protection, motorcyclists are often severely injured.  They are usually thrown from the bike and suffer impact injuries from the ground or another vehicle, and many times these injuries are catastrophic and can lead to death.

The most common motorcycle accident injuries are:

  • Neck, back and spinal injuries
  • Traumatic brain injuries
  • Cuts, contusions and abrasions
  • Road rash
  • Loss of limbs

When you are injured in a motorcycle accident because of someone else’s negligence it is important to speak to a personal injury lawyer.  Often injuries from a motorcycle accident will result in extensive medical care that can continue for a lifetime.

As your Ohio motorcycle 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.

Ohio’s Poor Quality Nursing Home Care and Inspections

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I have news that is both shocking and sad. The Cleveland PD recently reported that our nursing homes are among the nation’s lowest rated. And if that isn’t enough, the people who are responsible for policing the nursing homes have been deemed wholly inadequate.

What is most troubling to me is that the victims are our most cherished, deserving, loved ones. These are the people who worked hard their entire lives to make our lives better. They are in the twilight, golden years and they should be treated with the highest degree of dignity and respect.

Instead, nursing homes only care about one thing, profit and the bottom line.

Consequently, they are purposely understaffed. To compound that problem, the personnel is not trained and/or supervised properly.

The state of Ohio provides inspectors to survey each and every nursing home. There are currently 960 nursing homes in Ohio and only 153 inspectors! This significantly disproportionate ratio has resulted in negative side effects for nursing home facilities AND residents.

In the last two years, Ohio has failed to meet federal deadlines for nursing home inspections.

The appallingly low number of Ohio inspectors oversees 960 nursing homes, 600 assisted living centers, and may investigate up to 2,000 complaints per year. In addition, the Centers for Medicare & Medicaid Services require states to complete inspections within 12.9 month intervals.

Ohio’s average interval for nursing home inspections in 2016 was 13.8 months; the year before that was 14.4 months. While the average decreased, these numbers are still utterly unacceptable if we are to provide proper care and safe living environment for our sick and elderly!

In the past 3 years, there have been a minimum—most nursing home neglect injuries go unreported—of 31 nursing home deaths attributed to poor quality in care.  A lack on inspectors and yearly inspections will continue to result in dangerous and fatal outcomes.

For 36 years, I have represented the victims of nursing home neglect and abuse. These are among the most disturbing and troubling cases that I have ever handled. The reason is that the victim is oftentimes most vulnerable because they are frail and disoriented, and fall easy-prey to ambivalent, poorly trained, and understaffed facility.

We know two things for sure.

Nursing homes in Ohio are ranked among the lowest in the entire nation and the people responsible for evaluating, and policing these institutions have been deemed by independent third parties as insufficient.

This is where I come in.

Oftentimes, I change the way nursing homes do business. By holding them accountable, I force them to change their practices and policies. My goal is that the tragedy that befell my client because of nursing home neglect and abuse will NEVER happen to anyone ever again.

If you suspect that a friend and/or a loved one has received substandard care and, consequently, suffered significant, permanent injuries, it is compelling to call me.

Only then will we be in a position to make real changes and protect our loved ones.

I’m happy to meet with you and your family at a time and place most convenient for you. As your Ohio nursing home negligence 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 855.800.0384.