Lack of Oxygen During Birth: What to Know

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In order to better understand the brain’s need for oxygen, we will go over a few scientific distinctions. Cerebral Hypoxia is a reduced flow of oxygen to the brain while Cerebral Anoxia is the complete absence of oxygen to the brain. Oxygen is of course vital for proper brain function; these conditions can cause brain injury during the birthing process.

Causes of lack of oxygen to the brain during birth include, but are not limited to

  • Insufficient or too much medication
  • Preclampsia and eclampsia
  • Umbilical cord occlusion
  • Distress to mother or fetus
  • Fetus trapped in birth canal
  • Infection
  • Hyper-Contractions

Fortunately, in most cases, babies’ brains are resilient enough to recover from acute and short-term Hypoxia and Anoxia during the birthing process. About ¼ of babies who suffer from hypoxia and anoxia will have permanent damage.

  • Injury to either side of the brain caused by lack of or insufficient oxygen can lead to paralysis.
  • Injury to the left side of the brain can lead to speech and language disabilities.
  • Injury to the right side of the brain can lead to mental health or emotional issues.

Conditions that may develop or present after birth due to a lack of oxygen include, but are not limited to:

  • Cerebral Palsy
  • Erb’s Palsy
  • Fetal Stroke
  • Poor APGAR scores.

If you think your baby may have been injured during delivery, you must call me immediately.

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

Birth Injury Life Care Planning

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Sadly in the cases of some birth injury, there might be a permanent damage to the infant’s state of being. There are certain types of injuries that families might need assistance with. Some of these include:

  • Paralysis
  • Traumatic Brain Injury
  • Birth defect
  • Birth Injury
  • Loss of limb.

These types of injuries can burden a family emotionally, physically and financially. Life Care Planners can develop a personalized treatment plan to ease this burden of providing care to a family member with a permanent disability. Life Care Planners have many roles and include the following:

  • Permanency in disability might require changes to the home, such as making it wheelchair accessible.
  • Arranging a plan of action for the end of a hospital stay. Life Care Planners can assist in determining where the family member might be best taken care of, whether it be in their home or in a rehabilitation facility
  • Planning for appointments with physical therapy, specialist and primary care physicians.
  • Meeting transportation needs.
  • Assisting with paperwork.
  • Management of finances.

Having a special needs child can be overwhelming for parents and caretakers. Life Care Planners can help caregivers provide the best care possible for their loved one.

If you think your baby may have been injured during delivery, you must call me immediately.

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 877.944.4273

Animal Car Collisions: What Drivers Should Know

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November is the peak month for motor vehicles to have collisions with wildlife. Approximately 150-200 fatalities happened every year due to collisions with animals or swerving to avoid a collision with animals.

The most common animal to cause an accident is deer. There are several reasons for this. It is deer mating season, so deer are more active in migration and moving in packs. Also, since the days are shorter, there are more drivers on the road during dawn and dusk, which happens to be the most active time of day and night for deer. Deer mating season lasts from October through December. November is the peak month for collisions with wildlife, followed by October and December. The correlation is clear; during deer mating season motorists are more likely to be involved in an accident involving wildlife.

The number one reason that motor vehicle accidents involving 2 or more cars and wildlife occur is because someone swerves erratically to avoid hitting the deer. It is basic instinct that takes over, but if you think about it, it is quite counter-intuitive. Yes, deer can cause damage to your car, but it actually puts yourself and other motorists in danger if you swerve to avoid a wildlife. Experts agree, even though your gut will tell you to swerve, swerving to avoid hitting wildlife is more dangerous and can cause more accidents, injuries, and even deaths.

Here are some tips for avoided collisions with wildlife:

  • Avoid distractions such as cell phones or eating while driving
  • Keep an eye on the road while also keeping your peripheral vision keen for sighting wildlife on the side of the road.
  • Be prepared to stop and brake if you can.
  • Deer tend to freeze in the road. Flashing your headlights might encourage them to move out of the way.
  • Don’t bother in investing in a deer whistle or other devices made to ward off deer. Experts agree that those products have proven ineffective. Instead, practice safe driving techniques and follow traffic laws.
  • If is important to note of deer prone areas and deer crossing signs, but the fact of the matter is, deer overpopulation leads to deer crossing in more suburban areas, even interstate roads. Just because you don’t see a wooded area nearby the road, doesn’t mean there are no animals nearby.
  • Deer travel in packs. If you see one, be prepared to see more.
  • Most importantly and to reiterate, resist the urge to swerve drastically. It can lead to a more dangerous and deadly accident.

Ohio is considered a high-risk state for collisions with wildlife. Ohio motorists have an approximate 1 in 125 chance of colliding with a deer at any given moment. As always, driving safe and knowing the statistics about wildlife collisions can helps save your life!

If you or a loved one was injured or killed in an automobile accident due to another driver’s negligence, contact my office 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.

Accident Avoidance for Drivers Over the Age of 65

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Americans over the age of 65 are a group that is among the fastest growing driving demographic. Approximately 40% of seniors were still driving over the age of 65 a half of a century ago. Today over 80% of seniors are still driving. We want to keep our seniors driving on the road as long as it is safely possible. Aging affects many facets of one’s life, including the ability to drive.

Seniors can discuss health concerns with their primary care physician to ascertain what health issues might be of concern as they relate to driving. The most obvious is to be aware of any medication that may interfere with the ability to drive safely. Health issues such as arthritis, diabetes, seizure disorders, and heart conditions may have an adverse effect on the ability to operate a motor vehicle. Seniors should also regularly schedule vision and hearing tests, be sure their prescription glasses are up to date, and along with hearing aids, worn while driving.

It is also important for seniors to recognize their limitations in order to stay safe on the road. Practice defensive driving, avoid busy areas or streets where the speed limit is too fast for your comfort zone. It is always better to try to anticipate your next move, rather than reacting to another driver’s move. During poor weather condition, at night and during rush hour Americans over the age of 65 are more likely to be involved in a motor vehicle accident.

It is also worth noting that many communities offer refresher courses specifically geared toward teaching senior citizens skills to stay safe on the road.

If you or a loved one was injured or killed in an automobile accident due to another driver’s negligence, contact my office 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.

Scary Drowsy Driving Accident Statistics

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Drowsy Driving is a serious danger to motorists on the road. It is estimated that approximately 75,000 crashes, 45,000 injuries and 1,000 deaths occur each year because of drowsy driving. However, the most upsetting fact about these numbers is that they are probably vastly underestimated. Simply put, evidence of drowsy driving is often sparse and circumstantial. Unlike distracted driving or drunk driving, drowsy driving can sneak up on motorists, because it is unpredictable to determine when fatigue will take over. Therefore, drowsy driving is often referred to as the Silent Killer. Taken into account the enormous under-reporting of drowsy driving, some experts claim that falling asleep at the wheel may account for over 5,000 American deaths a year, rather than just approximately 1,000.

There is evidence that drowsy driving is just as, or even some cases more dangerous that drunk driving. It is even possible to be cited for reckless driving or driving under impairment for driving while drowsy. A good safe motorist should have a clear head and be able to have adequate reaction time. Drowsiness and fatigue can hinder a motorist’s ability to drive safely. We can all agree that if you are impaired by alcohol or drugs, you should not get behind the wheel. It is just as important to have the mindset that if you are impaired due to a lack of sleep or excessive fatigue, you should also not get behind the wheel.

There are people more at risk of driving drowsy. It is unpredictable when exactly fatigue can take over our bodies.

  • The obvious risk factor is not getting enough sleep in the first place. It is estimated that adults need at least 7 hours and teenagers need at least 8 hours of sleep per night. Experts agree, there is no substitute for sleep.
  • People who work second or third shift, or who routinely work double shifts are also at risk for drowsy driving.
  • Commercial truck drivers are at high risk.
  • Medical issues may play a factor. Some driver may take medications that make them sleepy. It is also common for sleep disorders to go undiagnosed or untreated, which can lead to falling asleep at the wheel.

It is estimated that between 5 and 10% of American adults have admitted to falling or starting to fall asleep behind the wheel in the past 6 months. It is important to remember, that there are subtle signals that happens to our bodies when falling asleep. Knowing these warning signs can be a lifesaving signal to you that you should not be driving.

  • Having trouble keeping eyes opened and focused
  • Head nodding
  • Frequent blinking or yawning
  • Drifting in lane or hitting a rumble strip
  • Missing a turn or exit

The most important takeaway is that awareness of the problem of Drowsy Driving can save lives. The number one prevention is making sure to get an adequate amount of sleep. Not only is it good for your health, it will make you a safer driver.

If you or a loved one was injured or killed in an automobile accident due to another driver’s negligence, contact my office 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

School Bus Accident Prevention Tips

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There are very specific traffic laws in regards to driving near a school bus. Failure to observe these laws can result in heightening citation fines and even jail time. School bus drivers are trained to ensure the safety of children on board, but motorists can exercise more caution to avoid motor vehicle accidents involving a school bus or a school child pedestrian. The following is a good review of safety tips for sharing the road with a school bus. It is rare that school buses are involved in motor vehicle accidents. Usually erratic, unsafe drivers around school buses are more likely to cause an accident with another vehicle, not the school bus.

  • Plan ahead for delays in traffic for you morning or afternoon commute. School buses make frequent stops and there is not always a safe opportunity to pass them.
  • Maintain a safe distance behind a school bus. When behind a school bus while you are both in motion, give yourself a minimum of 3 seconds of safe stopping time. If you cannot see the bus’ review mirrors, chances are the bus driver cannot see you in their blind spot, and you are following way too close. Keep a minimum of 10 feet from behind a school bus when both the bus and your vehicle are stopped.
  • Only pass on the left side of a school bus. There are far too many blind spots for your vehicle to be in if you attempt to pass a bus on the right. If you are beginning to pass on the left and you the bus driver indicate through hand signals or lighted turn signal that they are going to switch lanes, slow down and allow the bus to switch lanes. It is easier for your vehicle to slow down than a school bus.
  • Flashing yellow lights indicate that a school bus is about to stop. Regardless of which side of the road the school bus is, you must stop if the bus is flashing red lights or its stop sign is extended.
  • School buses not only make frequent stops for loading and unloading children, but they stop and all stop signs, flashing light intersections, yield sign, and all railroad crossings, regardless if there is an oncoming train.
  • Keep a cautious eye out for children waiting to be picked up at school bus stops, and children getting dropped off. Children and teenagers often do not pay attention to oncoming traffic, so be prepared to stop and proceed by school bus stops slowly.

School bus drivers can actually record license plate numbers for people violating traffic laws around school buses and report this information to authorities. Some states even install video recording devices on the outside of school buses to catch motorists who drive unsafely or break traffic laws. With a little bit of common sense and the unified desire for the safety of children on school buses, we all can avoid dangers while sharing the road with school buses.

If you or a loved one was injured or killed in an automobile accident due to another driver’s negligence, contact my office 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.

 

Intersection Accident Danger

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The Ohio Highway Patrol cites failure to yield as one of the main contributing factors of motor vehicle accidents. In several counties in Ohio in 2017, the number of crashes at stop sign intersections is down; however, the number of fatalities has risen.

Distracted driving is also a contributing factor for failing to yield at a stop sign. Parents can encourage their teen drivers to not use their cell phones while behind the wheel. There are even apps that restrict the use of cell phone when the phone’s GPS senses the phone is moving in a motor vehicle. CellControl or Drive Safe Mode are a couple of examples of such apps.

Three important steps to take before proceeding into a stop sign intersection are:

  • Look both ways and then back again.
  • Come to a full and complete stop. Count to 4 before proceeding.
  • Eliminate distractions such as eating or cell phone use.

Failure to yield at a stop sign is against the law, and can result in a citation.

If you or a loved one was injured or killed in an automobile accident due to another driver’s negligence, contact my office 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.

Teen Accident Statistics Paint a Dark Picture

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According to the Center for Disease Control, motor vehicle accidents are the leading cause of death of American teen drivers. So far in 2017, there have been 72 teen traffic deaths in the State of Ohio alone.

Young people aged 15 to 19 account for 7% of the US population, but account for 11% of the total cost of all motor vehicle accidents. That amounts to upwards of $10 billion dollars. Drivers aged 16 to 19 are four times more likely than any other age group of drivers to crash. Teenagers also account for about 12% of all fatal car crashes

June and July are among the deadliest months for teenage drivers. Friday, Saturday and Sunday are among the most dangerous days for teenage drivers regardless of the month. The most frequent time for teenage motor vehicle deaths are between 9 pm and midnight.

Approximately 65% of teenage car crash victims are males. Males are also more likely to have higher blood alcohol content that females when there is a motor vehicle accident involving alcohol as a factor.

Among teenage passengers injured or killed in a car accident, it is more likely that the driver of the vehicle is also a teenager. The more teenagers in a single automobile, the higher the chance for that vehicle to be involved in a motor vehicle accident.

If you or a loved one was injured or killed in an automobile accident due to another driver’s negligence, contact my office 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.

 

Traumatic Brain Injury Causes

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According the CDC, Traumatic Brain Injury (TBI) is a major cause of death and disability in the United States. A TBI is the result of a physical incident that causes a disruption to brain function. This disruption can be mild and temporary, or severe and have long standing effects.

There are over 2.5 million cases of TBI a year in the United States, including those that are mild, severe, and even fatal.

  • Falls: Over 40% of TBIs are from falls. Falls in the workplace are especially common for adults under retirement age. Adults 65 years old and over are the leading age group with TBIs as the result of a fall
  • Motor Vehicle Accidents: Young, inexperienced drivers are especially at risk for TBI due to a car accident. Car accidents account for around 20-25% of TBIs in the United States. The chances that a TBI will be severe rather than mild greatly increase when it is the result of a motor vehicle accident.  TBIs are tremendously more likely to be fatal when it is the result of a car accident.
  • Struck by or Against: This occurs when on object or person strikes the head unintentionally, or the head strikes a person or object unintentionally. These are common in the workplace as well, an example is if a piece of machinery malfunctions and strikes the head, or is someone strikes their head against a low hanging pipe.

Have you or a loved one been in an accident and need legal counsel? Call me today at 877.944.4373 and we can discuss your situation. In cases of clear wrong doing, I am prepared to fight for you and “I’ll Make Them Pay!®”

Fitness Center Injury Prevention

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Fitness Centers and gyms can be the site for injuries that are entirely preventable. The American College of Sports Medicine has developed a set of standards for fitness center employees to follow. Gyms and sports clubs should adhere to these standards to prevent illness, injury, or death.

Here is a brief overview of types of preventable injuries in a fitness center and what staff can look out for to prevent it.

  • Type of Workout: Fitness enthusiasts should develop a safe workout routine to avoid over-strain or over-use of muscles. For example, staff should pay attention to whether someone is lifting too much weight or for too long of a period of time. Overworking one’s body is one of the most common cause of injury at a fitness center. Trainers should be able to guide those being trained to safe and effective work outs.
  • Equipment: Trainers should make sure the equipment is being used properly by fitness center patrons. Misuse of gym equipment, and faulty equipment is also a common cause of injury at fitness centers. The management team at gyms and sports club should also schedule routine maintenance for fitness equipment to avoid injuries.
  • Emergency Training: Reputable fitness centers, gyms and sports clubs should have an Emergency Action Plan in place in the event of a severe injury. Training should be provided to staff so they can properly respond to catastrophic injuries suffered by gym members. The American College of Sports Medicine includes emergency training for fitness center staff as part of their standards practices.

Have you or a loved one been in an accident and need legal counsel? Call me today at 877.944.4373 and we can discuss your situation. In cases of clear wrong doing, I am prepared to fight 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.