Traumatic Birth Injury

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The Reality of a Traumatic Birth 

A traumatic birth can be incredibly difficult to process, heal and ultimately recover from, both physically and emotionally.  Childbirth is so often depicted as a picturesque fairy tale, with the media portraying very little that resembles reality. If you talk to any parent, and for obvious reasons mothers in particular, TV depiction is often a far cry from the actual experience!

A birth experience that causes extreme stress, injury or emotional toll is more common than many think. It is estimated by PATTCH, Prevention and Treatment of Traumatic Childbirth, that between 25-35% of women report a traumatic birth experience. In any birth in which the mother or child’s health or life becomes endangered, a spectrum of emotional and physical outcomes are possible.

What Constitutes a Traumatic Birth

Often used as a general descriptor for any difficult birth or birth injury, a traumatic birth is widely defined as any birth in which the mother or the child’s life became endangered. From unforeseen medical conditions to difficulty for either mother or baby during or after the delivery process, these close-to-tragic scenarios cover a plethora of issues.

While injuries or medical mistakes are often easily categorized, birth trauma can be different from one mother to another. A traumatic birth for one individual may not produce the same reaction in a second mother experiencing the same or similar scenario. Traumatic birth can be difficult to predict, given the intense emotional and physical demands that the birthing process already has.

For many, there are a few common denominators to a traumatic birth;

  • Extreme pain
  • Emergency deliveries
  • Un-planned or emergency C Sections
  • Lack of pain relief
  • Long and/or painful labor
  • Feelings of shame or loss of dignity
  • Stillbirth or birth injury
  • Complications like hemorrhaging or tearing
  • Safety concerns
  • Staff concerns

The Dangers of Traumatic Births

In addition to the immediate threat of life to a mother or child during the birthing process, traumatic births have residual impact that must be tended to appropriately.  The impact of a traumatic birth can take an incredible physical and/or emotional toll, and proper care and support is essential for healthy treatment and recovery.

For many that have experienced a traumatic birth, common symptoms include;

  • Difficulty sleeping
  • Anger and irritability
  • Panic attacks
  • Difficulty concentrating
  • Social anxiety and avoidance
  • Detachment
  • Nightmares and flashbacks

In extreme cases of traumatic birth, PTSD diagnosis is seen in about 1.5-9% of all reported incidents.

If you or someone you love experienced a complicated and traumatic birth, it is important to seek and/or provide the proper support and assistance to aid in the healing process.  If your medical professional or medical negligence contributed to a traumatic birthing experience, you may contact my offices 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.

 

Deadly Debris on Ohio Roadways

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I was driving down the freeway at at the posted speed limit when a truck in front of me lost an unsecured broom and it went smack into my windshield. After the initial shock, “duck” and recovery – I began thinking about just how dangerous this scenario is. More than a nuisance, debris on the road way poses a serious risk across Ohio. While it may not be the most glamorous topic for the news headlines, recent ODOT reports highlight the serious nature of accidents resulting from discarded items on our highways.

We have all seen them, a small broom or even an entire sofa on the roadside – These preventable issues can save hundreds of lives! Just a broom to the windshield was enough to raise my heart rate, and likely continue to do so for many others traveling behind me on the same stretch of highway. Could you imagine your reaction if a ladder, sofa, or any other item came toward you as you are going 60 miles per hour!?

Debris Causes Thousands of Accidents Each Year

The scary reality is that roadway debris contributes to over 3,700 accidents each year in Ohio. Individuals are injured and killed every day, either by avoiding the debris or coming into direct contact. Even a small item can poise a very large risk at any high rate of speed.

Swerving to avoid an item in the road is incredibly dangerous for you, your passengers and for other drivers around you. The average number of deaths resulting from the 3,700 accidents reaches at least 20 per year – a sad reality for a completely preventable situation. For a 4 year period from 2012-2016 ODOT reports that over 19,000 accidents occurred, causing over 100 deaths – In addition to 570 serious injuries.

The Solution to Debris

Ohio’s tarp law is in place to limit the number of unsecured loads, but it simply just isn’t enough. Individual responsibility and proper tools and education are essential to traveling safely with items loaded in a truck.

Using the proper restraints, like rope or ratchet straps, is recommended for any size load in the back of a pick up truck. Responsible travel and packing is also essential, and common sense truly goes a long way! Saving a small amount of time or travel costs is simply not worth the risk of another individuals’ life.

If you witness a vehicle with an unsecured load, or see an item fall out or already in the road way, contact local authorities immediately. If you are traveling and have lost an item – It is important to stop and call for emergency help.

If you or someone you love has been involved in a serious accident, you must contact my offices 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.

 

Nursing Home Rating Systems – What to Know!

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There are over 900 nursing home facilities in the State of Ohio with over 80,000 residents. When considering a short term or long term nursing home for a loved one, it is important to research ratings to understand the quality of care to be expected. A below average rating can indicate a low quality of care for residents and patients of nursing homes. Every facility that is charged with caring for patients should take every action to attend to patients’ needs, keep them safe, and make sure they receive adequate medical attention.

Factors that are considered when rating a nursing home include:

  • Health inspections-Most nursing home facilities accept Medicare and Medicare; therefore are subject to federal regulations and yearly inspections
  • Staffing-the amount of nursing care and physical therapy care received by patients is an indicator of quality of care
  • Rehabilitation-Self reported and claims-based quality measures for short and long term stay.

Deciding to move a loved one into a nursing home can be difficult and emotional. Researching the ratings of these facilities can help ensure the decision is informed, and ease the process. Have you or a loved one suffered an injury due to nursing home negligence and decided to take action? Does a family member need help filing nursing home negligence claims? Contact my office immediately. As your 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 birth injurymedical malpractice, and catastrophic injury/wrongful death and nursing home negligence 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.

 

Safe Driving Practices In Rain and Flash Floods

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As the seasons change, it is important to remember and recognize that with different weather patterns, adjustments need to be made for safe driving. Driving in the rain can be a dangerous endeavor, especially during a risk of flash floods.

Light Rain and Wind:

  • Slow down.
  • Extra caution should be taken even with moderate precipitation.
  • If you have your windshield wipers on, your headlights should be on. This is the law in the State of Ohio.

Heavy Rain and Wind:

  • Excess precipitation can hinder vision and decrease reaction time.
  • Strong gusts of wind can cause a driver to lose steering control.
  • If you must slow down to excess, put you hazards on to alert other drivers of your slow speed.

Flash Floods:

  • Flooding can happen suddenly, quickly, and with no warning.
  • Driving in as little as 6 inches of water can severely damage a vehicle.
  • Driving in 12 inches of water can be dangerous or even fatal for the driver and passengers.
  • It is advisable to re-route and avoid driving through a flooded road.

Moderate adjustments to driving can save one’s vehicle and well-being. 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.

Factors in Labor Day Weekend Motorists Arrests and Fatalities

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Labor Day Weekend, 2017, has proven yet again to have been a dangerous time for Ohio motorists. According to The State Highway Patrol, officers made 33,000 traffic stops over the three-day weekend.

  • Over 800 motorists were arrested for driving while impaired.
  • Over 500 were arrested for drug related offenses.
  • Over 6,000 citations were issued for improper safety belt use.
  • These numbers have all increase compared to Labor Day Weekend 2016

The State Highway Patrol also reported 22 crashes which resulted in the deaths of 24 individuals over the long Labor Day Weekend 2017

  • Half of the fatalities were the direct result of failure to use safety equipment, such as a motorcycle helmet or a seat belt.
  • Alcohol was a contributing factor in 4 deaths.

Using common sense practices, such as using proper safety equipment and planning to have a designated sober driver can potentially save a 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

 

Teens, Texting and Tragedy

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The new school year is fully underway, which means there are more teen drivers on the road during peak driving hours. A lot of teens prefer to drive to school instead of taking the bus. Teenaged drivers age 15 to 20 make up 6.4 % of total drivers, but are more likely to cause a motor vehicle accident than any other driver. Reasons for this include inexperience, taking risks, and perhaps the most common, distracted driving.

The most well-known form of distracted driving is texting while driving; 42% of teens admit to texting while behind the wheel. Teens also are risky drivers; they are less likely to wear a seat belt, maintain a safe distance and follow traffic laws such as turn signal use and coming to a full stop. Inexperience is inherent. As little as 2 to 3 years of driving experience can dramatically decrease the chance of a teenage driver causing an accident, making 16-17 year old most likely to be involved.

As parents and as fellow drivers, there are some things to keep in mind regarding keeping teen drivers safe.

  • Encourage teens to put their phones in the glove box while driving.
  • Practice driving with your teenaged kids.
  • Teach teens the importance of maintaining their vehicle so it is safe to drive. Examples are: regular tune-ups, tire rotations, new windshield wipers, etc. The safer the car, the safer the driver.
  • Show teens how to be a cautious driver by being one and setting the bar for what safe driving looks like.
  • If anything else, be a defensive driver. Be alert on the road and drive as if you were surrounded by inexperienced drivers.

We can’t control everything teenager’s do behind the wheel, but we can try to encourage safe driving habits.

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 injury, medical malpractice, and catastrophic injury/wrongful death cases, serving Cleveland, Akron/Canton, Columbus, Dayton and neighboring communities. You can reach Tim by email at misnylaw.com/ask-tim-a-question/ or call at 877.944.4373.

Distracted Drivers Leading Cause of Teen Death

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Distracted Driving is now the Leading Cause of Death in Teens

A new national program is aiming to make an impact on teen distracted driving.  The lack of real world experience combined with an increased likelihood to be distracted is proving to be a recipe for disaster.

Unfortunately, our teens have more distractions than ever before. The younger generation as a whole tend to lack a true understanding of how dangerous their behavior is, and the potential finality a serious accident may cause. We must do more to protect our teens and to protect other drivers on the road! So many young lives are ending before they have truly ever had a chance to begin.

Tragically, in Northeast Ohio over the last 4 years 5,866 deaths and injuries to teenagers aged 15-19 years occurred.  These accidents were all attributed to distracted driving!  The Ohio Highway Patrol reports Cuyahoga County had the highest number of accidents with over 400,  followed by 100 in Lake County, 65 in Geauga County and 140 in Lorain County.

The Harsh Reality

Studies conducted by The Impact Program report that teen drivers are 4 times more likely to be involved in a fatal crash than adults. Typical harmless behavior is the culprit, and teens are still failing to realize the severity of the problem. When asked at the Impact Program, teens didn’t even consider accidents on the list of fatal/lethal considerations – Despite it being the top cause of death for their age group.

We all have harrowing stories of things we did, got away with and survived.  That feeling of invincibility is undeniable at that age, but it simply isn’t reality. Today, the everyday simple behaviors that are leading to such an increase in accidents are the reason this problem has become so prevalent. An Evel Knievel stunt 20 years ago may have been dangerous, but in reality, these kids are playing the proverbial Russian Roulette with their lies on a daily basis.

Talk About The Everyday Behaviors

Talk to your teen! The seemingly mundane behaviors that are dangerous are easy to overlook. Over 75% of teen accidents can be attributed to the following;

  • Passenger Distractions
  • Social Media
  • Smart Phone Use
  • Music / Playlists
  • Food and Drinks
  • Make up

It is reported that 4,000 teens are killed in car accidents annually across the US with another 400,000 injured.  Of these scary statistics, 50% of those are passengers.  It is just as important to talk to your teen driver as it is to restrict your teen from being a passenger!

Impact for Change Now and for the Future

The Impact Program originated in California and is now used nationwide, including right here in Northeast Ohio! The program resulted as a joint effort after the increase in teen related accidents, and the profound impact it had on the officers, families and communities as a whole.  We have experienced such tragedies right here in Northeast Ohio and families have suffered this unthinkable and preventable tragedies.

The Impact Program is aiming to teach teen drivers now, but also have a great impact on all future drivers.  This could greatly impact the accidents rates, as well as future issues with road rage, distracted driving and more. National insurance brands, health care companies and other major players are also stepping up to the plate, offering safe driving scholarships and additional resources.

Keep your kids safe on the roads, educate your teen drivers and keep your teens out of the passenger seat. If you or someone you love is involved in an accident, contact my offices.

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.

Hurricane Harvey and the Importance of Umbrella Insurance Coverage

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The wake of devastation following Hurricane Harvey serves as a tragic reminder that insurance can literally make or break your future when a catastrophic event occurs. For many in Houston and the surrounding metropolitan areas, the damage from Hurricane Harvey will not be covered under their insurance policies. This equates to an uncertain future and looming expenses.

Assessing your insurance coverage before a catastrophic event occurs is critical. From natural disasters to accidents and everything in between – Your insurance coverage is a proverbial lifeboat. Rebuilding after a life changing event is emotionally and financially taxing and an insurance payout can make a world of difference!

Insurance Coverage

Insurance is a necessary part of life in today’s world.  Beyond the basic car, homeowners or renter’s insurance, additional policies can truly make a large impact.  Umbrella coverage and special insurance policies serve to provide an added safety net when disaster strikes.  Despite hurricanes and flooding of this severity being rare in Texas, flood insurance is available to many individuals.  It is estimated that only one in 6 homes devastated by the recent floods had any additional coverage.

Rebuilding after a catastrophic event can be disheartening, to say the least.  Displacing thousands, Harvey serves as an important reminder that protecting your livelihood is a top priority. For many, the unfortunate reality is that Harvey has wiped out their homes, businesses and any worldly possessions. While safety and health is the ultimate priority, insurance serves to protect your personal belongings, providing a more certain future for family and loved ones.

Please Give Back to Houston

We are incredibly blessed to live in an area that rarely sees a mass disaster of this magnitude. I encourage you to donate because every single contribution helps! http://www.wkyc.com/news/community/texas-cares-donate_/468358067

 

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.

Factor V Leiden Complications & Injury Risk

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Factor V Leiden Risks

More than 3 million cases of Factor V Leiden are diagnosed annually in the US, yet our doctors are not testing for this in routine physicals and exams. Factor 5 or Factor V Leiden is a medical condition in which the V clotting factor in our blood has a mutation, which can cause abnormal and dangerous clotting.

With Factor V Leiden, it is not that blood will not clot, but rather that it is more likely your blood lacks the protein to naturally break up the clot. If a clot is developed deep vein, or travels to your lungs, heart or brain it can be a tragic outcome.

Individuals that have a single carrier parent – a heterozygous copy, versus individuals that inherited two (homozygous) have a vast risk difference. A single carrier is less likely to experience clotting complications, where as a double carrier has a significantly increased risk.

Factor V Leiden Healthcare Complications

Testing for Factor V Leiden can be done one of two ways. The most common test is a protein resistance test by drawing and analyzing a blood sample.  The second way to test for Factor V Leiden is through genetic screening.

Birth Injury with Factor V Leiden

Factor V Leiden sufferers that have been diagnosed are considered high risk pregnancies and deliveries. The complications and issues that can accompany a clotting factor are very dangerous. A pregnant mother can experience serious clotting complications that can lead to fetus distress, delivery complications and dangers for the mother and child.

Surgeries and Medical Care

Factor V Leiden diagnosis requires additional surgery pre-screenings – A Factor V Leiden diagnosis can have a large impact on your treatment plan. Since severe cases of Factor V Leiden are often undiagnosed until an issue arises, it can be very dangerous for the patient. Factor V Leiden is also commonly treated with blood thinning medications which require additional surgical considerations.

A diagnosis of Factor V Leiden requires that an individual avoid long periods of immobility,  like long periods of rest following a medical procedure.

Medications

Individuals diagnosed with Factor V Leiden are typically required to abstain from any artificial hormones, most commonly birth control and artificial estrogen treatments.

Everyday Life

Essentially any behavior that can contribute to clots forming is a risk factor for individuals with Factor V Leiden.  Long trips in a car or plane, extended periods of rest, obesity and smoking can all raise your risk of developing a dangerous clot. Factor V Leiden individuals should also avoid behaviors that can contribute to injury, like sports, dangerous household items and even injuries from everyday behaviors like shaving or brushing your teeth.

If you or someone you love was diagnosed with Factor V Leiden after an incident or complication following a medical procedure or pregnancy, your physician may have missed the early warning signs.  Family history and a history of unexplained clots, pregnancy loss and clotting complications can mean your Factor V Leiden went undiagnosed. Contact my offices 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.

 

The Reality of a Work Related Injury 

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 A workers’ comp claim is not a lottery ticket. For an individual that was injured ‘on the job’ a compensation claim is essential to relieving medical and financial burdens for the duration of your injury. When workers’ compensation was originally outlined, the world was a much different place! Rising medical costs, higher costs of living and more physical and emotional demands in our lives have altered the compensation landscape.

The Reality of a Workers’ Compensation Claim

Understanding the basics of a workers’ compensation claim is essential. For those without a clear understanding, it is a common misconception that workers’ compensation claims are ‘scammers’ or ‘get rich quick’ strategies. It could not be further from the truth. For those that have suffered an injury, this is the harsh reality of the long road ahead.

13% Pay Cut (Average)

The Ohio Bureau of Workers’ Compensation pays 67% of your salary, but since that salary under Ohio BWC is not taxed, it is an average of 13% reduction.

  • If you made $40,000 annually, your compensation salary is cut to roughly $26,800

While workers’ comp payments are not subject to tax, there is a wage cap. The maximum benefit in Ohio is $902 per week in 2017.

This is particularly concerning if you or someone you love was injured and they make over $47,000 a year.  This means that regardless if they make $47,000 or $100,000+ the benefit remains the same. Can your cost of living and way of life adjust to that decline in income?

Waiting Periods – Why 14 days is the magic number

In Ohio, 14 days has become the magic number for good reason. If you are injured and miss more than 14 days of work, the clock for compensatory pay goes back to day 1.

If you are injured and miss 13 or less days of work, essentially you forfeit 7 days of compensation because of the 7 day waiting period per the Ohio BWC.

The Worst Injuries have the Worst Compensation

For someone that has suffered an injury that is deemed to be a ‘career ending’ injury, the outcome is very grim. On top of a painful, expensive and tragic injury – The injured party has two typical options according to Ohio BWC guidelines:

Option A: 67% of lost wages for up to about 4 years

Option B: A modest lump sum compensation offer for partial disability.

This means that if you have suffered an injury and you cannot return to work, the Ohio BWC will grant you compensation (67% of your wages, un-taxed) for up to 4 years – Nothing beyond that time period.  If you are medically treated and you can return to some form of work (regardless of pay loss or position) you may be offered a small lump settlement.

Hiring an Expert Workers’ Compensation Attorney is Critical

I have over 36 years of experience navigating the Ohio Bureau of Workers’ Compensation and can help you every step of the way.  Your future livelihood, health and financial wellness depend on it.

If you or someone you loved was injured at work, you must seek expert legal help. Contact my offices 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.