Medical Malpractice Lawyers

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

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.

Recent Study Backs Up What Cleveland Birth Injury Attorneys Caution About Postpartum Depression

It’s an injury often overlooked, and while it may not necessarily be a case for a birth injury attorney in Cleveland, it’s a serious issue nonetheless. Depression. Nearly one in seven women during pregnancy suffer from it. That’s more than a half million women in the US alone. And the mother is not the only one who suffers. Depression can also have profound impacts on infant development, according to newly released research.

Lower rates of brain-derived neurotrophic factor (BDNF), a biomarker, have been  associated with depression. Now researchers have found BDNF levels can vary considerably during pregnancy.

“Our research shows BDNF levels change considerably across pregnancy and provide predictive value for depressive symptoms in women, as well as poor fetal growth. It’s notable that we observed a significant difference in BDNF in women of different races,” states Lisa M. Christian, an associate professor of psychiatry in the Institute for Behavioral Medicine Research at Ohio State’s Wexner Medical Center and principal investigator of the study.

Lower BDNF levels at both the second and third trimesters predicted greater depressive symptoms in the third trimester.

“The good news is there are some good ways to address the issue,” Christian offered. “Antidepressant medications have been shown to increase BDNF levels. This may be appropriate for some pregnant women, but is not without potential risks and side effects. Luckily, another very effective way to increase BDNF levels is through exercise. With approval from your physician, staying physically active during pregnancy can help maintain BDNF levels, which has benefits for a woman’s mood, as well as for her baby’s development.”

And that’s good news for mothers as well as the clients of a birth injury attorney in Cleveland.

A Win for a Cleveland Nursing Home Injury Attorney: Abuser Gets 18 Months

Any dedicated nursing home injury attorney in Cleveland understands that feeling when their clients get the justice they deserve.

Such is likely the feeling of the legal team of Edward McShaffrey’s victim. The 59-year old was sentenced to 18 months in prison for sexually abusing a nursing home resident. A licensed practical nurse at Brookdale Montrose Nursing Home, he was seen with his mouth on the victim’s private body part. The victim suffered from Parkinson’s Disease and suffered from communication difficulties.

The nursing home immediately fired McShaffrey following the incident. He had worked at the facility since 2004.

“We appreciate the jury’s effort in seeking justice for this case. This situation saddens us deeply because having the trust our residents and their families is extremely important to us,” Heather Hunter, senior public relations assistant for the facility, told the Plain Dealer. “This type of conduct or behavior by an associate is never tolerated by us under any circumstances. Our thoughts are with the victim today.”

Sadly, it is a story our nursing home injury attorneys in Cleveland see come across their desks every day. The victims, due to limited communication skills or cognitive abilities, have far too few resources to turn for help. They need a voice. That’s why the Linton Law Firm is here for you. Call us today for a free consultation.

New Study Shows Why Clients of a Cleveland Brain Injury Attorney Suffer Inflammation

Here’s a study that may solve a mystery many of the clients of our Cleveland brain injury attorney have wondered about. Why is there often widespread inflammation following a brain injury?

Researches in a new study have identified a mechanism in the brain that causes this inflammation and suggest it may play a role in other neurodegenerative diseases. The findings were recently published in Science Daily.

The study’s discoveries may change how brain inflammation is understood, and, ultimately, how it is treated, Science Daily reports.

“The researchers showed that microparticles derived from brain inflammatory cells are markedly increased in both the brain and the blood following experimental traumatic brain injury (TBI),” Science Daily states in an article describing the findings. “These microparticles carry pro-inflammatory factors that can activate normal immune cells, making them potentially toxic to brain neurons. Injecting such microparticles into the brains of uninjured animals creates progressive inflammation at both the injection site and eventually in more distant sites.”

Ongoing Inflammation Causing Chronic Brain Damage

The research indicates the inflammation can go on for years and cause chronic brain damage.

“These results potentially provide a new conceptual framework for understanding brain inflammation and its relationship to brain cell loss and neurological deficits after head injury, and may be relevant for other neurodegenerative disorders such as Alzheimer disease in which neuroinflammation may also play a role,” said Dr. Alan Faden, a researcher at the University of Maryland School of Medicine. “The idea that brain inflammation can trigger more inflammation at a distance through the release of microparticles may offer novel treatment targets for a number of important brain diseases.”

Hopefully this research leads to better treatment and outcomes for the clients of a Cleveland brain injury attorney.

Cleveland Cancer Misdiagnosis Lawyer: 1 in 71 Cases Misdiagnosed

Most people are surprised by the statistics. But for a Cleveland cancer misdiagnosis lawyer, the stats, while alarming, prove why litigation is necessary in holding medical professionals accountable for their diagnostic mistakes. In the right direction, a cancer misdiagnosis might be a relief from a living nightmare. In the wrong direction, a misdiagnosis could very well prove to be a death sentence.

Researchers at The Johns Hopkins Hospital in Baltimore found that one out of every 71 cases was misdiagnosed, based on the tissue samples they studied from 6,000 people across the country. Moreover, up to one in five cases was misclassified.

“That can change whether a patient gets no treatment, vs. surgery, vs. radiation,” Dr. Jonathan Epstein of The Johns Hopkins Hospital told ABC News.  “If they get surgery or radiation, which type?”

Part of the problem is that despite medical technology advances, the diagnosis pretty much comes down to a judgment call.

“We really still make the diagnosis pretty much the way we did for the last 50 years,” Dr. Leonard Zwelling of the MD Anderson Cancer Center told ABC News. “It has to come down to looking at a piece of the tumor on a slide by a pathologist.”

Bottom line, be certain to always secure a second opinion. And if you have been the victim of a misdiagnosis, consult a Cleveland cancer misdiagnosis lawyer. Medical accountability matters. People’s very lives depend on it.

Medical Records Suspicious? Talk to a Cleveland Nursing Home Injury Lawyer

As any nursing home injury lawyer in Cleveland can tell you, a nursing home’s medical records can’t always be taken at face value. If the staff has something to hide, their documents may have been forged, altered or otherwise not true.

In Chicago, two social workers claimed they were fired because they refused to falsify medical records related to incidents of nursing home patient abuse at the former Burnham Healthcare, now known as Bria of River Oaks.

“There was no structure. It was dangerous,” one of the social workers, Kenneth Allen, told the Chicago Tribune.

Documents Missing or Falsified?

Allen alleges that when he documented a resident’s rape complaint, a supervisor ripped the report from the medical file and tore it up.

Allen also claims he was told to falsify another patient’s medical report to look like she had fallen, when she very well may have been assaulted.

State investigations, meanwhile, indicate that the facility indeed had committed several instances of abuse.

From the Chicago Tribune:

“A 2012 state inspection report said two residents alleged guards beat or roughed them up in separate incidents. The report says that at least one guard at the home was fired as a result.

State inspectors have cited the facility for abuse-related incidents after Ogunyipe and Allen were terminated.”

So if your family member references abuse or injuries not mentioned in their medical file, don’t just take the word of the facility. Talk to a Cleveland nursing home injury lawyer. There may be abuse which needs investigating.

Cleveland Spinal Injury Attorney: Metro-Health Grant Announced

Clients of our Cleveland spinal injury attorney should take note of some good news that might directly benefit them one day, to say nothing of spinal injury victims everywhere:

The Cleveland Metro-Health System recently announced $2.26 million in grant funding to conduct studies on spinal injury and recovery.

“This will allow us to attract more (spinal care) patients for care,” said Dr. Gregory Nemunaitis, director of Spinal Cord Rehabilitation at MetroHealth.

Designated over a five year period, the grant will enable the center to, according to the Cleveland Plain Dealer:

“Collect data on the recovery of people with spinal cords injuries that will provide a database for future research and care.

Assess recovery patterns in the arms and hands of people with spinal cord injuries to develop guidelines for treatment to restore upper extremity function.

Redesign a spine board used to transport patients from the scene of an injury to the hospital. Led by MetroHealth in collaboration with the University of Toledo’s Department of Engineering, the research will focus on reducing pressure ulcers.”

MetroHealth treats about 100 traumatic spinal cord injuries a year. The announcement of this funding should be good news for them as well as clients of Cleveland spinal injury attorneys.

Cleveland Brain Injury Lawyer: An Inspiring Story for Caregivers

When supporting the victims of brain injury, we must not forget to also celebrate and support their caregivers, who all too often go overlooked. Here’s an inspiring story of one caregiver, who despite challenges and tests, did not give up. As any brain injury lawyer in Cleveland will tell you, the support of family is key to surmounting the challenges of a brain injury. Family should be the one resource your loved one can depend on.

Kim Summerall Jones, an Arizona mom, has faced numerous challenges. First, she was told she couldn’t conceive children. Then, after her husband and she adopted two children as infants, her husband was diagnosed with a rare cancer and tragically passed away 14 months later. And if that wasn’t enough, she got the call that every parent has nightmares about. Her children had been in a traumatic car accident and her son suffered a brain injury. Her son seemed like a stranger after the accident.

“When someone receives a brain injury, it is time to mourn that person and welcome a new person to the relationship. The person you once knew is gone in most cases. In their place is a new individual with a different personality, different goals, and unique abilities,” Kim stated.

Her son’s new challenges dove Kim into a depression, which she successfully overcame through a fitness and therapy and the realization that her son needed her to be the world for him. She even competed in a bodybuilding competition. Today, she is a sought after national speaker.

For her inspiration to others, Kim was recently  awarded the 2017 Ms. U.S. Woman of Achievement title at the pageant held on November 6th on the Queen Mary in Long Beach, CA.

Caring Resources

“The good news is that because there are over 5.3 million sufferers of Traumatic Brain Injury (“TBI”), there are resources available for the victim. Unfortunately, there is little support for the caregiver,” Kim stated. “This is where we come in. “TBI: Survive and Thrive!” provides a community of resources, ideas, and practical tips for caregivers of TBI survivors.”

Our Cleveland brain injury lawyers wanted to share Kim’s story as inspiration to the families and victims in the struggle to recover from brain injury.

Cleveland Nursing Home Injury Attorney: Trust Your Elders

This unbelievable story from the desk of our Cleveland nursing home injury attorney has two heroes. First, the Columbus nursing home resident who took it upon himself to call 911 despite the fact that his nurses didn’t believe him when he said he felt ill. Second, the firefighter who, despite the reluctance of the facility’s staff, decided to send a dispatcher anyway to see what the problem was about. Thanks to their efforts, the nursing home, the fire department, and especially the nursing home residents and their families, “dodged a bullet,” Battalion Chief Steve Martin told the Columbus Dispatch.

The resident, identified only as “Mr. Jackson,” told the 911 dispatcher, “Nobody wants to believe me that I’m not feeling that good.” Mr. Jackson wanted to go to a hospital.

The dispatcher asked to speak to the man’s nurse, who qualified it as “a behavior thing” that “happens all the time.”

But that dispatcher decided to listen to the resident and  send paramedics instead.

“There was nothing that set it apart from any other call,” Firefighter and dispatcher Brian Severs told the Columbus Dispatch. “Something told me, ‘Don’t blow this off; this person called 911 because they thought they needed help.’”

Gut Instinct = Lives Saved

It turned out to be carbon monoxide poisoning. The entire building had a gas leak. “Mr. Jackson” and Severs saved the lives of 143 residents.

Granted, the elderly members of our family are at the sunset of their lives, so it’s understandable when we take what they say with a grain of salt. But learn to trust them and trust your instincts. If you ever have any concerns, contact a nursing home injury attorney in Cleveland. Indeed, our elders just may be trying to tell us something we need to hear.

Cleveland Birth Injury Attorney: Scientific Benefits of a Doula

Want to avoid injury all together? Take it from our birth injury attorney in Cleveland– relax. And studies show that one of the best ways to have a relaxing, relatively stress-free birth experience is to work with a doula..

According to a study published in the Journal of Perinatal Education, doula assisted mothers are four times less likely to experience low birth weight, two times less likely to experience birth complications, including birth injury, and significantly more likely to be successful in breastfeeding.

“It is notable that despite participating in the same education classes, the women who chose to work with a doula had significantly better birth outcomes as measured by birth weight and fewer birth complications,” the study concluded.

“This finding suggests that women who embraced the premise that a doula may help empower them to influence their birthing experience, manage their labors more effectively, and reach their expectations and hopes for a positive, healthy birth also may have realized that they could improve their prenatal health and the likelihood of a healthy birth outcome through their active participation and engagement in the healthy prenatal activities offered by this program.”

Side by Side, Together

So if you want to avoid birth injury and the need to consult with a birth injury in Cleveland for legal recourse, one preventative measure you can take is working with a doula through the birthing process. A doula, practicing side by side with the doctor, ensures that births can be the beautiful beginnings they are meant to be!