Posted on August 12th, 2016 No comments
Imagine going to the hospital because you are sick, and once you are there, learning you can never return home.
That’s exactly the predicament that thousands of nursing home patients face every year. They go to the hospital, only to find their nursing home won’t take them back in. Any nursing home injury lawyer in Cleveland will point out this is a gross violation of federal laws and regulations. Yet very few states actually enforce these laws, and residents have only legal support to turn to for advocacy.
Take the case of Bruce Anderson. For more than a year, all he’s had to call home is a hospital room at Sutter Medical Center in Sacramento, since he was sent there for treatment in May of 2015. After sending him to the clinic for treatment of his pneumonia, his nursing home refused to admit him.
And he’s not alone. Every year, thousands of nursing home residents find themselves evicted, illegally, following hospitalization.
“It’s easy to describe this situation as a Catch-22,” Tony Chicotel, a staff attorney with California Advocates for Nursing Home Reform, told NPR. “Each agency does its own thing, and they don’t work together very well, and the residents fall through the hole. But at this point I think [the problem] is indifference.”
If your family member finds themselves in this situation, talk to one of our nursing home injury lawyers in Cleveland, at Linton Law Firm. Your loved one has rights. Let us help you protect them.
How the Friendship of 2 Army Buddies May One Day Change the Lives of Every Client of a Brain Injury Lawyer in ClevelandPosted on August 5th, 2016 No comments
Army buddies Kit Parker’s and Chris Moroski’s story would inspire any client of a brain injury lawyer in Cleveland. It has all the best elements of movies that break your heart and reaffirm you belief in friendship and humanity at the same time. Read on.
Parker and Moroski became friends jumping out of airplanes together in the 1990s. After 9/11, the two went their separate directions in the two wars that resulted from that attack, Parker to Afghanistan, Moroski to Iraq.
After their deployments, life continued on as usual, at least on the surface. Parker pursued a new career as a heart research scientist. Moroski, who had a bit of a rougher landing back into civilian life, spent his days at Dwight D. Eisenhower Army Medical Center at Fort Gordon, Ga, healing injuries from an IED that had blown up his vehicle during a patrol near Ramadi. Doctors had been promising a quick recovery, but from frequent phone calls between the two army buddies, Parker realized something was amiss.
“He’d lose his train of thought,” Parker remembered. “He couldn’t remember stuff,” including being awarded the Purple Heart, big stuff that’s tough to lose in the memory of your average soldier.
Parker pledged to help his friend. Beyond the frequent phone calls, Parker turned to his next best resource: science. From his heart research, he knew that sudden forces, similar to an IED blast, could have severe effects on the heart. Could such a blast also affect the brain?
“I had to bring the battlefield into the lab,” Parker remembered.
After much research, Parker published a paper demonstrating how a blast wave could cause integrins to send signals that could disrupt brain cell connections. “When that happens, it affects the networks that allow you to recognize your grandmother’s face or count your change at the fast-food restaurant,” Parker explained.
Dr. Geoffrey Ling, who at one time had been the Army’s leading expert on traumatic brain injury, describes Parker’s research as “a fundamental insight.”
Parker’s discovery could one day make a difference to all people suffering from brain injury, including civilians. That would be good news to the clients of any brain injury lawyer in Cleveland.
“Success is that a quarterback doesn’t suffer from dementia after being sacked,” Parker concludes. “Success is that brain injury is no longer the leading cause of death of children. Success is a war fighter gets blown up in some Third World rathole somewhere and he can still count his change at Burger King afterwards.”attorneys, brain injury, cleveland, firm, law, lawers, lawyers, medical, ohio attorney, attorney cleveland, brain, brain injury, Brain Injury Attorney, Brain Injury Lawyer Cleveland, Cleveland, cleveland attorney, Cleveland Brain Injury Attorney, Cleveland brain injury attorney firms, cleveland lawyer, Cleveland lawyers
Posted on July 27th, 2016 No comments
As any nursing home injury attorney in Cleveland will tell you, Ohio needs to do better, for the sake of our mothers and fathers, our grandparents, our aging aunts and uncles, for all our elderly at the sunset of their lives.
Ohio ranks as one of 11 states where as many as 40 percent of its nursing homes are poorly rated under the federal government’s five star system.
Nursing homes are rated from one to five stars, with one being the poorest rating. The ratings are based on government inspection reports, staffing levels and other quality measures, including reported nursing home injuries.
Only 6 percent of Ohio’s 941 nursing homes earned five-star ratings.
What’s to blame? Low staffing – state and federal funding cuts over the last several years have resulted in the loss of thousands of nursing home staff, mostly nurses and nursing assistants.
So what does our nursing home injury attorney in Cleveland advise? Do your homework and do it today. Look up the federal rating on the nursing home of your loved one. If it is not at least a four or five star rating, find them a new place to live. They’ve devoted many years of their lives to you. Help them enjoy their sunset years in happy, healthy and safe home care environments. Their care is worth every measure.attorneys, cleveland, firm, law, lawers, lawyers, Nursing Home Injury, ohio attorney, attorney cleveland, Cleveland, cleveland attorney, cleveland lawyer, Cleveland lawyers, Cleveland Nursing Home Injury Attorney, Cleveland Nursing Home Injury Attorneys, Nursing Home Attorney, Nursing Home Injury, Nursing Home Injury Attorney, Nursing Home Injury Attorney Cleveland, Nursing Home Injury lawyer
Posted on July 9th, 2016 No comments
Would you consider a home birth? In the U.S., giving birth at home has earned a reputation for danger. And the data supports this. The switch from home birth to hospital birth during the 20th century in the U.S. accompanied a reduction of over 90 percent decrease in neonatal mortality and 99 percent decrease in maternal mortality. Certainly, a birth injury attorney in Cleveland still gets their fair share of cases, but birth injury is much rarer than it was at the turn of the last century when most births were done at home.
This is because birth is an inherently dangerous process, and antibiotics, blood banks and neonatology available at hospitals, make it monumentally safer. Several studies of home birth in the U.S. estimate birth death at 7 times that of hospitals.
Yet in other countries, such as Canada, several studies indicate there are no difference in birth injuries and birth death in home birth compared to hospitals.
How can this be? A recent opinion piece in the New York Times lays the blame on the qualification standards of midwives in the U.S.
“The problem is that there are two types of midwives in the United States. The first, certified nurse midwives, called C.N.M.s, are perhaps the best-educated, best-trained midwives in the world….,” Amy Tuteur, a former clinical instructor in obstetrics- gynecology at Harvard Medical School, points out in the Times. “The other, certified professional midwives, or C.P.M.s, fall far short of international standards.… This second class of poorly trained midwives attend the majority of American home births.”
And ultimately this lack of training and credentials affect the lives and health of the mothers and their babies. As Tuteur concludes, “But as long as we allow poorly trained laypeople with watered down credentials to perform home births, we are risking the health of mothers, and the lives of babies.”
Should you give birth at home? Ultimately, that is your decision. But if you do, make sure to work with a certified nurse midwife, which will substantially improve the chances of a healthy birth and minimize a future need to consult a birth injury attorney in Cleveland.
From the Desk of a Cancer Misdiagnosis Attorney in Cleveland: When Cancer is Misdiagnosed by an Entire Medical CommunityPosted on June 12th, 2016 No comments
Sometimes an entire type of tumor can be misdiagnosed by the medical community for decades. In this case of cancer misdiagnosis, an attorney in Cleveland turned out not to be necessary. In fact, it’s good news for nearly 10,000 of the 65,000 thyroid cancer patients that are diagnosed with the disease in the US every year.
The New York Times recently reported that a panel of doctors decided that a type of thyroid cancer historically classified as cancer is not actually cancer at all. They have downgraded the condition, sparing thousands of patients the removal of their thyroid, radioactive treatments and regular checkups for the rest of their lives. It turns out the identified tumor is not actually a threat.
“The reclassified tumor is a small lump in the thyroid that is completely surrounded by a capsule of fibrous tissue,” the New York Times explained. “It’s nucleus looks like a cancer but the cells have not broken out of their capsule, and surgery to remove the entire thyroid followed by treatment with radioactive iodine is unnecessary and harmful, the panel said. They have now renamed the tumor. Instead of calling it ‘encapsulated follicular variant of papillary thyroid carcinoma,’ they now call it ‘noninvasive follicular thyroid neoplasm with papillary-like nuclear features,’ or NIFTP. The word ‘carcinoma’ is gone.”
Is it a case for a cancer misdiagnosis attorney in Cleveland? Probably not, but it certainly is a relief to the patients and families who can rest assured knowing this particular tumor is not actually cancer at all.attorneys, cancer misdiagnosis, cleveland, firm, law, lawyers, medical, ohio attorney, attorney cleveland, cancer, cancer misdiagnosis attorney, cancer misdiagnosis attorney Cleveland, cancer misdiagnosis lawyer, cancer misdiagnosis lawyer Cleveland, Cleveland, cleveland attorney, cleveland lawyer, Cleveland lawyers, lawyer cleveland
From the Desk of a Nursing home Injury Lawyer in Cleveland: How Some Lawyers Challenge Arbitration AgreementsPosted on May 30th, 2016 No comments
Arbitration agreements, clauses that protect nursing homes from being sued by their clients, are often buried in the fine print of complex contracts. Families may not even be aware of what they are signing. In some cases, the patients themselves may be illiterate or suffer from dementia. Judges have upheld them fairly consistently, as a basic principal of law is that once an agreement is signed, it is legally binding. Hence, it is always a good idea to have a nursing care contract reviewed by a nursing home injury lawyer in Cleveland before signing.
However, as highlighted in a recent article in the New York Times, some lawyers are asking judges to question these agreements under the argument that unless the family members had power of attorney, they lacked the authority to agree with arbitration in the first place. It would be taking advantage of a legal loophole, but on the other hand, arbitration agreements, by their very nature, are legal pit traps set to trap some of the most vulnerable members of our population.
It is an interesting approach, and we will have to see how it works out in the courts. In the meantime, be wary of signing any arbitration agreement in a care contract for your loved one. Often, they are worded in complicated legal jargon that disguises their true meaning. Always have your contract reviewed with a nursing home injury lawyer in Cleveland before signing your full commitment.attorneys, cleveland, firm, law, lawers, lawyers, Nursing Home Injury, ohio attorney, attorney cleveland, Cleveland, cleveland attorney, cleveland lawyer, Cleveland lawyers, Cleveland Nursing Home Injury Attorney, Cleveland Nursing Home Injury Attorneys, lawyer cleveland, Nursing Home Attorney, Nursing Home Injury, Nursing Home Injury Attorney, Nursing Home Injury Attorney Cleveland, Nursing Home Injury lawyer
Who is Held Accountable? Why No Fault Birth Injury Funds Risk Protecting the Guilty from Litigation by a Birth Injury Lawyer in ClevelandPosted on May 10th, 2016 No comments
No Fault Birth Injury Funds appear to offer a suitable solution to the question of how to pay for the care of a child born with birth injuries. Laws creating them have been passed in Florida and Virginia, and a proposed bill in Maryland has been modeled on those efforts. The fund would compensate families of babies born with birth injuries so they could forego the need for litigation through a birth injury lawyer, like the ones we have at our Cleveland practice. The bill has reportedly pitted hospitals and malpractice lawyers against each other.
Hospitals argue that care is reduced as a result of the large settlements given to birth injury victims.
“Maryland’s medical environment has worsened significantly over the last handful of years as a result, in part, due to several large awards in birth injury cases,” Maryland Hospital Association President and CEO Carmela Coyle told the Maryland Reporter. “Maryland hospitals and doctors and other providers are, in fact, deeply concerned that if the environment continues to worsen, access to care, in fact, will be reduced. We need a birth injury fund to address that threat.”
The malpractice legal community, on the other hand, argues that with the fund, families are robbed of their right to a jury trial and hospitals are not held accountable for their mistakes.
“Why are there 48 states of this great union that don’t have this fund? Are they all dumb?” Jonathan Schochor, a senior managing partner at Schochor, Federico and Staton told the Maryland Reporter. “Should we bring in 48 representatives of the other states to tell you what a bad idea it is to sail these kids down the river, strip them of their constitutional rights to a trial by jury and subject them to a group, an administrative law judge, who is admittedly not trained to make these decisions, to make a decision to undercompensate them?”
Holding the medical community responsible, however, is only one reason for hiring a birth injury lawyer in Cleveland. The most compelling reason found by our clients is securing a suitable financial future to help the child live a fulfilling life after the injury. The fund may provide one answer, but is it is indeed limited. Our experience confirms that if a case has strong legal standing, a family will likely secure a brighter settlement through the legal process that can better facilitate healing and a happier life.
Our Brain Injury Attorney in Cleveland’s Inspirational Movie Pick: “Concussion,” Now Out on DVD and Home StreamingPosted on April 25th, 2016 No comments
Looking for a good movie this weekend? Our brain injury attorney in Cleveland has a great recommendation sure to inspire many head injury victims. Concussion, recently released on DVD and streaming living rooms everywhere, is the true story of Dr. Bennet Omalu, a Nigerian-born pathologist who was one of the first to make the issue of brain damage in retired NFL players a dinner time conversation topic.
Will Smith stars as Dr. Omalu, who in 2002 performed an autopsy on the body of Mike Webster when he worked for the Allegheny County coroner’s office in Pittsburgh. Known as “Iron Mike,” Webster formerly helped the Pittsburgh Steelers win four Super Bowls. However, his mental health later fell apart, to the point where he screamed at random strangers and regularly zapped himself with a Taser gun. He died at the age of 50 from a heart attack.
Curious of how Webster’s behavior might have been affected from changes in his brain, Dr. Omalu dissected the player’s brain and discovered presence of tau proteins, which impair moods and cognitive function upon accumulation. It’s similar to what’s found in the brains of boxing champions. He sounds the alarm to the NFL, which does not respond kindly. His character is poignantly warned in the movie, “You’re going to war with a corporation that owns a day of the week.”
But now the war is being won. People are more aware of the repercussions of brain injury in the NFL in particular and in sports in general.
Brain injuries can be life changing, and that is why victims should always consult a brain injury attorney in Cleveland regarding their own case. They may be facing serious life-long care issues. Winning a settlement may indeed provide the critical means for a quality of life that allows real healing to begin.attorneys, brain injury, cleveland, firm, law, lawers, lawyers, ohio attorney, attorney cleveland, brain, brain injury, Brain Injury Attorney, Brain Injury Lawyer Cleveland, Cleveland, cleveland attorney, Cleveland Brain Injury Attorney, Cleveland brain injury attorney firms, cleveland lawyer, Cleveland lawyers
Posted on April 5th, 2016 No comments
They are tragic statistics a birth injury attorney in Cleveland deals with every day. About seven birth injuries result from every 1,000 births, according to the US Department of Health and Human Services. And many of these are avoidable. In fact, in one given year, nearly 157,000 injuries to mothers and newborns were largely avoidable, according to the federal Healthcare Cost and Utilization Project.
In fact, the report found that birth injuries were one of the most common of medical malpractice cases. Medical malpractice itself is essentially an epidemic in this country as the third leading cause of death in the US, to the cost of nearly $3 billion in medical malpractice claims annually, according to the American Medical Association.
These high rates of death are most stem from problems within the American medical system itself.
“Recognition of the harmful effects of health care interventions, and the likely possibility that they account for a substantial proportion of the excess deaths in the United States compared with other comparably industrialized nations, sheds new light on imperatives for research and health policy,” Dr. Barbara Starfield wrote in commentary published by the American Medical Association. “Alternative explanations for these realities deserve intensive exploration.”
If you have been the victim of a medical malpractice or a birth injury, contact a Linton Law Firm birth injury attorney in Cleveland today for a free consultation. You are not alone. The problem has reached epidemic proportions in this country. You and your loved ones deserve justice.
Posted on March 16th, 2016 No comments
The National Institutes of Health recently announced a $16 million grant to researchers from Boston University seeking ways to detect a disease caused by repeated head trauma. How much will be coming from the NFL, which in 2012 pledged $30 million to the Foundation for the National Institutes of Health to study chronic traumatic encephalopathy (CTE)? Not anything. And no brain injury lawyer in Cleveland who pays attention to the news should be surprised.
Currently, CTE can only be diagnosed after an individual dies. It has been found in many former professional football players. Being able to diagnose it in current players would solidify a financial iceberg for the NFL. Citing unnamed resources, ESPN has reported that because the NFL dragged its feet for so long on the issue, the National Institutes of Health decided to write the study its own check to expedite the research.
“Sources told Outside the Lines that the league exercised that power when it learned that [Dr. Robert Stern], a professor of neurology and neurosurgery at Boston University, would be the project’s lead researcher,” ESPN’s Outside the Lines reported. “The league, sources said, raised concerns about Stern’s objectivity, despite the merit review and a separate evaluation by a dozen high-level experts assembled by the NIH.”
ESPN isn’t the only one calling foul. Also citing an unnamed source, the New York Times reported that the NIH had requested some of the $30 million for the research but ultimately “it decided to finance the grant with other funds.”
The NFL is obviously scared and concerned. Anyone who has played football for any duration of time would be well advised to contact a brain injury attorney in Cleveland for a free consultation. Brain damage is real, and may possibly result as a side effect of America’s favorite past-time.attorneys, brain injury, cleveland, firm, law, lawers, lawyers, medical, ohio attorney, attorney cleveland, brain, brain injury, Brain Injury Attorney, Brain Injury Lawyer Cleveland, cleveland attorney, Cleveland Brain Injury Attorney, Cleveland brain injury attorney firms, cleveland lawyer, Cleveland lawyers, lawyer cleveland