• Cleveland Nursing Home Injury Lawyer: Abuse Cases On the Rise

    Posted on April 2nd, 2018 admin No comments

    It’s a startling trend that certainly troubles our nursing home injury lawyer in Cleveland. Since 2011, staff to resident abuse in long-term care homes has risen 148 percent, according to a  year-long CBC Marketplace investigation.

     

    In 2016, there were 2,198 reported incidents of abuse pointing to an average of six seniors at long-term care homes in Ontario being abused every day.

     

    While the data was compiled from a six-year investigation in Ontario, similar trends can be found in the US, including Ohio.

     

    Nursing home abuse is surprisingly common.

     

    “We hear stories of people being illegally detained, of being left in bed for days, filthy conditions, cockroaches, assault,” Jane Meadus, a lawyer and institutional advocate with the Advocacy Centre for the Elderly, told CBC News.

     

    Why Evidence is So Important

     

    Often, when families inquire about the nature of injuries, they receive little information or help from care staff. Many in response have turned to covert cameras.

     

    “Every time we’d ask for an explanation from the facility, we would be told that there was no documentation, there’s no information to elaborate or to clarify or shed light on what occurred,” Daniel Nassrallah, a Canadian lawyer representing a client who suffered nursing home abuse.

     

    That is why our Cleveland birth injury lawyer always recommends documenting any cases of suspected abuse. Take photos, have the resident examined by a doctor, even collect camera footage if necessary. Your loved one’s safety, health, and rights deserve advocacy.

  • Cleveland Cancer Misdiagnosis Attorney: Why a Second, Third, Even Fourth Opinion May Help To Save Your Life

    Posted on December 28th, 2017 admin No comments

    What is the cost of assuming your doctor knows best? Everything, literally, can be on the line when a doctor makes his or her diagnosis. And yes, as our cancer misdiagnosis attorney in Cleveland will tell you, getting a second opinion, even if the diagnosis is positive, can save your life.

    Consider this: 40,000 to 80,000 deaths occur in the U.S. from diagnostic error, and as many as 17 percent of diagnoses are inaccurate, according to a 2015 diagnostic report from The National Academy of Medicine (formerly the Institute of Medicine).

    Not detecting cancer early enough kills. It’s as simple as that.

    “Making the final diagnosis is the doctor’s responsibility,” Dr. Vinita Parkash, a professor of pathology at the Yale School of Medicine, assesses. “The doctor pulls together all the pieces of information, including history, signs, symptoms and test results, to name the disease that is the cause of the patient’s malady. It is that label, that diagnosis, which will accompany the patient through her health care journey and determine what will happen to her.”

    Escalating Medical Complexity, Increases Risk

    What is worrisome is the fact that misdiagnosis is likely on the rise in an age of increasing complexity and evolving medical approaches.

    “Doctors face increasingly higher caseloads and administrative burdens,” Dr. Parkash points out. “Keeping pace with changes in medical knowledge is ever more challenging; it is estimated that medical knowledge will double every 73 days in 2020.”

    So by all means, get a second opinion, or three or four, even if the results come back benign. That’s advice from our Cleveland cancer misdiagnosis attorney that may very well save your life. Trust us. Your family will thank you.

  • Nursing Home Injury Attorney Cleveland: Attorney General Uses Spy Cams to Catch Abusers

    Posted on November 22nd, 2017 admin No comments

    As our Cleveland nursing home injury attorney will tell you, spy cams can be beneficial. They catch abusers red handed, saving the lives of our seniors and protecting their well being.

    A Zanesville nursing home was recently shut down after spy cams recorded abuse of patients. The surveillance cameras had been placed in patients’ rooms because of complaints about mistreatment. It was the first time authorities had used “granny cams” to spy on nursing-homes. Ohio Attorney General Mike DeWine promised it wouldn’t be the last.

    “It’s a new day and a new way of approaching this,” DeWine stated. “Everyone has been put on notice as of today.”

    As of July, the state department had opened 131 cases investigating elder abuse, compared to 74 in the same period last year.
    Some argue that such use of cameras are in effect “warrantless searches.”

    “There need to be certain conditions met, and one of our concerns is, were those conditions in place to authorize a warrantless search?” Carol Rolf, an attorney for the Ohio Health Care Association, told the Columbus Dispatch. “Was there a roommate or anyone else recorded who didn’t give consent? We don’t know.”

    Certainly, getting the consent of the family of a patient who may be the victim of abuse wouldn’t be hard. And if abuse is in question, it is something our nursing home injury attorney in Cleveland would recommend.

  • Cleveland Birth Injury Attorney: Earlier Helmet Therapy Reduces Infant Skull Flattening

    Posted on October 20th, 2017 admin No comments

    It’s promising news for any clients of our birth injury attorney in Cleveland whose child suffers from skull flattening. A recent study has found that starting helmet therapy earlier produces better results.

    The  study was published in the August issue of Plastic and Reconstructive Surgery®, the official medical journal of the American Society of Plastic Surgeons (ASPS).

    The study analyzed the results of helmet (molding orthosis) therapy on 144 infants. The babies were divided into groups based on age at starting helmet therapy (before 24 weeks, between 24 and 32 weeks and 32 weeks or later) and severity of plagiocephaly (mild-to-moderate or moderate-to-severe).

    The journal reports:

    “Helmet therapy reduced skull flattening in all three age groups but was more effective when treatment was started at younger ages. Among  infants with mild-to-moderate plagiocephaly, helmet therapy was rated successful in 83 percent of those who started before 24 weeks. The success rate decreased to 69 percent for infants starting treatment between 24 and 32 weeks and 40 percent when treatment was started at 32 weeks or later.

    Younger age at treatment also led to a higher success rate for infants with moderate-to-severe plagiocephaly: 50 percent, 30 percent and seven percent, respectively. The duration of helmet therapy was about 19 weeks for infants with early treatment versus 25 weeks for those with later treatment.”

    Age and duration had a big effect.

    “The present study shows that age at the start of treatment and positional plagiocephaly severity affect the duration and effectiveness of helmet therapy,” according to the report by Felix Kunz, DMD, of University Hospital Würzburg, Germany, and colleagues. “These two factors are important predictors on the results of helmet therapy for position-related skull flattening.”

    As our birth injury attorneys in Cleveland point out, time is on your side the earlier you take action.

  • From the Desk of a Cleveland Birth Injury Lawyer: Are Midwife Assisted Births Safer?

    Posted on August 31st, 2017 admin No comments

    Most people assume midwife births are just some fad, like the raw food movement or past life regression therapy. But as our birth injury lawyers in Cleveland will point out, the statistics suggest that such births are actually less likely to require a Cesarean section or cause birth injury.

    Currently, about a third of all births in the US are  Cesarean sections, far higher than the World Health Organization-recommended target of 10 to 15 percent.

    But a 2011 study in the journal Nursing Economics found that births led by midwives in collaboration with physicians are less likely to end in a C-section than births led by obstetricians alone.

    The reason? Patience. The birth process can sometimes take a long time, and the US medical community often pushes to rush things along. Midwifes, on the other hand, tend to rely on natural rhythms and resist the temptation to speed things up.

    “It’s a different model,” Ginger Breedlove, the president of the American College of Nurse-Midwives, told the Atlantic. “When you begin intervening at high levels for no medical indication, as with premature induction, elective Cesareans, and forcing women to stay in bed and not ambulate during labor, you begin to create a cascade of domino responses that intervene with normal physiologic processes and change the outcome of birth.”

    The Atlantic reports:

    “The 2011 Nursing Economics study, for example, also found that mothers whose care was led by a nurse-midwife had lower rates of episiotomies, drug-induced labor, and vaginal tearing during delivery.”

    It’s certainly an interesting take on the subject of natural birth, midwives, and medical intervention. And that’s food for thought for any birth injury lawyer in Cleveland or anyone else interesting in lowering the risk for birth injury.

  • From the Desk of a Brain Injury Attorney in Cleveland: Head Injury and the NFL

    Posted on August 7th, 2017 admin No comments

    Yes, the science is in, and it’s not pretty. Most of the Cleveland Browns should probably have their own personal brain injury attorney in Cleveland. In fact, most professional football players for that matter, and even perhaps those who play college or high school football.

    Chronic traumatic encephalopathy (CTE) – a neurodegenerative brain disease –  has been found in nearly all donated brains of NFL players examined in a new study by the Journal of the American Medical Association.

    The brains of 111 NFL players were examined, and 110 showed the presence of CTE.

    CTE is the result of repeated head trauma. It causes memory loss, impaired judgment, aggression, depression, anxiety and impulse control issues. Unfortunately, it can only be definitively diagnosed after death.

    And for football players, it begins early. Three out 14 football players show signs of CTE at the high school level. In college, 48 out of 53 players show signs of CTE.

    The NFL, which has funded portions of Dr. McKee’s research in the past not including the current study, said: “Case studies such as those compiled in this updated paper are important to further advancing the science and progress related to head trauma …., the NFL said in a statement. Though the NFL funded previous research from the study’s author Dr. Ann McKee, it refused to contribute to this study. “As noted by the authors, there are still many unanswered questions relating to the cause, incidence and prevalence of long-term effects of head trauma such as CTE.”

    Either way, the study’s findings are rather alarming to the clients of brain injury attorneys in Cleveland and further demonstrate that sports related injuries can be serious and life altering.

  • Why Our Cleveland Misdiagnosis Lawyer Always Recommends a Second Opinion

    Posted on July 25th, 2017 admin No comments

    Want some free advice from a cancer misdiagnosis lawyer in Cleveland? Always get a second opinion when it comes to serious medical conditions, especially cancer. A recent analysis found that more than 20 percent of all diagnoses are incorrect.

    An analysis at the Mayo Clinic found that only 12 percent of the people who asked specialists at the Mayo Clinic in Minnesota to review their cases had received correct diagnoses. The rest received diagnoses considered only partly accurate according to the Mayo doctors’ evaluations.

    Fatal Errors in Judgment

    Needless to say, mistakes left uncorrected can be devastating and oftentimes deadly. Previous analysis found that 10 percent of all hospital deaths are the result of a misdiagnosis.

    “Diagnostic error is an area where we need more research, more study and more information,” said James Naessens, a professor of health services research at the Mayo Clinic, who led the study. “The second opinion is a good approach for certain patients to figure out what’s there and to keep costs down.”

    So take the recommendation of your cancer misdiagnosis lawyer in Cleveland. Listen to your doctor, but then receive a second opinion. Having more opinions to weigh in on serious medical matters is good for your health.

  • Talking History with Our Cleveland Brain Injury Lawyer: The Case of Phineas Gage

    Posted on June 29th, 2017 admin No comments

    Why does modern brain science owe its very existence to an 1800s era railroad worker? As our brain injury lawyer in Cleveland points out, the case of Phineas Gage led to some fundamental revelations on the nature of the brain, and is often used as a reference point for further discovery.

    While blowing up rocks to clear the way for new railway lines, Gage set off a metal spark that in turn drove a tamping iron up and out of the hole, through his left cheek, behind his eye socket, and out of the top of his head. Gage didn’t die, but most of the frontal lobe of his brain was destroyed.

    The injury led to dramatic changes in Gage’s personality.

    “He is fitful, irreverent, indulging at times in the grossest profanity, which was not previously his custom,” wrote John Martyn Harlow, the physician who treated Gage after the accident.

    Laying the Foundation of a New Science

    As a recent article in NPR points out, Gage’s case led to the development of modern brain science. “If you talk about hard core neurology and the relationship between structural damage to the brain and particular changes in behavior, this is ground zero,” Allan Ropper, a neurologist at Harvard Medical School and Brigham and Women’s Hospital, told NPR. “It’s one region [of the brain], it’s really obvious, and the changes in personality were stunning.”

    Healing and Time

    The good news? The personality change was temporary, lasting likely only two to three years. Gage went onto work as a long-distance stagecoach driver in Chile, which requires a good deal of focus and planning capabilities.

    “Even in cases of massive brain damage and massive incapacity, rehabilitation is always possible,” Malcolm Macmillan, an honorary professor at the Melbourne School of Psychological Sciences, told NPR.

    That’s inspiring news for the clients of a brain injury attorney in Cleveland. It may take patience, but time and hard work in rehabilitation will ultimately heal the wound and life goes on.

  • Believe Your Cleveland Birth Injury Attorney: Birth Can Be Especially Traumatic

    Posted on June 20th, 2017 admin No comments

    Suffer from a traumatic birth? You’re not alone. As any birth injury attorney in Cleveland will tell you, birth is difficult and a surprising number of mothers suffer from  posttraumatic stress symptoms (PTS) after birth, including some with full blown  posttraumatic stress disorder (PTSD).

    In fact, Lamaze International’s Listening to Mothers Survey II found that 9 percent of new mothers suffered from PTSD after their birth, while a full 18 percent suffered from PTS. Furthermore, ethnicity can have a profound effect on the numbers. Indeed, more than 1 out of 4 non-Hispanic black mothers suffered from some form of PTS after birth.

    “The high percentage of mothers with elevated posttraumatic stress symptoms is a sobering statistic,” the study’s authors noted.

    Birth: Psychologically More Traumatic than Terrorism?

    Perhaps more surprising, giving birth can be statistically more disturbing psychologically than surviving a terrorist attack. Health psychologist and international certified lactation consultant Kathleen Kendall-Tackett points out in a blog on Women’s Health Today:

    “In the weeks following September 11, 7.5% of the residents of lower Manhattan met those full criteria (Galea et al. 2003). Take a minute to absorb these statistics. In at least one large study, the rates of full-criteria PTSD in the U.S. following childbirth are now higher than those following a major terrorist attack.”

    The outcome may be a bundle of joy that is also the light of your life, but birth can be difficult. If you suffered from a difficult birth, make sure you have the resources you need, including medical, legal and financial. Talk to a Linton Law Firm birth injury attorney in Cleveland for a free consultation.

    Read more here.

  • Ask a Nursing Home Injury Attorney in Cleveland: Why is Ohio’s Care so Bad?

    Posted on June 2nd, 2017 admin No comments

    It’s a sobering yet logical conclusion for any nursing home injury attorney in Cleveland: Why do Ohio’s nursing homes rate among the lowest in the nation when it comes to quality care, as measured by federal statistics?

    Simple. There’s just not enough staff.

    “Almost always, we had to work short-handed, handling anywhere from 15 to 20 people at any given time,” former nurse’s aide Lolly wrote in a Cleveland Plain Dealer anonymous survey of the state’s caregivers. “It is impossible to give proper care to that many people, answer the call lights and be everywhere at the same time.”

    The Results? Tragic…

    Not having enough hands on deck can cause extremely dangerous accidents that easily result in tragedy. As one sad example, Susanne Lawrence, a resident of Normandy Manor in Rocky River, overdosed after being given 20 times the prescribed dosage of oxycodone, or 500 milligrams. Staff failed to read the medication’s label and the 83 year old died after her last dosage on July 7, 2015.

    Deadly Math

    The statistics and the extent of the crisis are shocking, even for a nursing home injury attorney in Cleveland who deals with them every day. After three months of research, the Plain Dealer discovered:

    • “Nearly 41 percent of the facilities in Ohio earned a below-average rating of one or two stars on the federal Nursing Home Compare standard, as of Dec. 1, compared to 35 percent nationally.
    • At least 31 Ohio nursing home deaths in the last three years were attributed by authorities to issues of care. Residents’ lawyers argue the number could be far higher, because they depend upon self-reporting by nursing homes.
    • Ohio’s minimum staffing rules are relatively lenient. Facilities in the state are required to make available 2.5 hours a day of nursing staff time for each resident. Florida and California require much more.
    • Ohio requires only 75 hours of training for the aides who provide much of the care in a nursing facility. California requires 150 hours.
    • Many states have given themselves the ability to fine nursing homes that violate “their standards. In places like California, state fines are used to strengthen nursing home inspections. Ohio doesn’t fine nursing homes. Instead, it recommends a dollar amount to the federal government, which sets and collects the fines. A portion of the fines is returned to the state.”

    If you have a loved one in a residential care facility in Ohio, talk to a lawyer to ensure they are getting the best care. If statistics are any indication, their quality of life, if not their very lives themselves, may be in your hands. Contact us for a free consultation.