• Nursing Home Injury Lawyer: The Crisis of Understaffed Nursing Homes

    Posted on May 11th, 2020 admin No comments

    As nursing home injury lawyers in Cleveland, we get asked this a lot: Why is a nursing home injury so alarmingly common in the United States?

    The answer is simple: Understaffing.

    Nursing homes are often simply too understaffed to provide the quality of care required to keep residents safe and healthy.

    The Plain Dealer reports:

    “In 2015, 70 percent of Ohio nursing homes were staffed below what researchers say is necessary to provide safe, compassionate care. A Plain Dealer analysis of the most recent federal nursing home data also found that across the country, 62 percent of nursing homes were below that level.

    “For residents of the facilities, low staffing levels mean increased risk of falls, developing bedsores and urinary tract infections, and failure to obtain necessary treatment in emergencies, according to state records and published reports.”

    Holding Nursing Homes Accountable

    And the statistics are tragic for our loved ones. Nevertheless, nursing homes need to be held accountable. If your family has been injured due to nursing home negligence, contact us today for a free consultation with one of our Cleveland nursing home injury lawyers.

  • Cleveland Birth Injury Attorney: Feds Settle for $7.5 Million in Tribal Case

    Posted on April 22nd, 2020 admin No comments

    Our birth injury attorneys in Cleveland are often asked: What size of birth injury settlement should be expected? Naturally, that depends on a number of variable factors. No two cases are alike. It comes down to the evidence, how you plead your case and ultimately the decisions of the judge and jury.

    The following provides a birth injury case example: One birth injury litigation case in Los Angeles, California recently resulted in a $7.5 million settlement.

    The case involved a patient who was 40 weeks pregnant presented to a tribal hospital with low amniotic fluid. The infant suffered a brain injury and other severe injuries during delivery. The family sued the federal government for failure to perform proper tests and negligently administering a labor-inducing drug. Due to complications, an emergency cesarean section was performed. This resulted in injuries to the infant which led to developmental delays and other permanent injuries.

    Payment Timeline

    The government settled with the family before trial. Under the agreement, the family received an immediate payment of $3.75 million, with the remainder of the payment to be used to purchase an annuity to provide the child with monthly payments.

    Have you or a loved one been a victim of a possible birth injury incident? Contact our birth injury attorney in Cleveland for a free consultation.

  • Cleveland Nursing Home Injury Attorney: Who Would Snapchat Elder Abuse?

    Posted on April 13th, 2020 admin No comments

    As a nursing home injury attorney in Cleveland may tell you, nursing homes can sometimes be quite blatant in their abuse of the elderly. But two nursing assistants in Glenview, Illinois took it over the line. They sent a Snapchat of their abuse of a 91-year old woman.

    After posting the video last December, certified nursing assistants Brayan Cortez and Jamie Montesa were arrested on misdemeanor charges.

    The victim was Margaret Collins, who suffers from dementia. She has a fear of hospital gowns. The arrested pair allegedly used that fear as fuel to taunt and terrorize her.

    CBS News reports:

    “In the video, Cortez allegedly waves a hospital gown at Collins as Montesa, his girlfriend and coworker, filmed. The caption reads, ‘Margaret hates gowns,’ with two laughing emojis.”

    Not All Abuse is Physical

    Though Collins was not physically assaulted, she was humiliated. Our elderly loved ones deserve our respect. If you feel you or your loved one has been the victim of elder abuse, contact one of our nursing home injury attorneys in Cleveland for a free consultation.

  • Cleveland Cancer Misdiagnosis Attorney: Woman Learns Her “Cancer” Actually a Rare Parasite

    Posted on March 30th, 2020 admin No comments

    Good news can be relative, as any cancer misdiagnosis attorney in Cleveland will tell you. One woman learned her cancer was misdiagnosed. But the actual cause of her pain turned out to be a rare parasite, alveolar echinococcosi (AE), that had been growing in her body for the past decade.

    “I wasn’t sure what to think,” Cassidy Armstrong recalled learning the life-altering news. “I asked them, ‘Is this good?’ and they said, ‘It’s much better than what we thought you had.’”

    What doctors thought she had was fibrolamellar carcinoma (FLC), a rare form of liver cancer that typically affects people under 40. Roughly 44 to 68 percent of people with FLC live as many as five years after diagnosis.

    “I was getting ready for the worst,” Armstrong said in an interview with TODAY. “I was getting ready to die.”

    The Good News? An Incurable Disease She Can Live With

    AE is not a fatal disease, but there’s no cure for it either. Armstrong now takes medication on a daily basis and will receive blood tests once a month and a CT scan every six months to make sure the parasite is under control.

    “I have mixed feelings about it,” Armstrong admitted. “I’m happy – I like being alive. Psychologically, it’s been really tough. I’m grateful and I’m happy that it’s not what they thought it was. But it’s been very hard.”

    As any cancer misdiagnosis attorney in Cleveland will comment, the corrected diagnosis is still a very serious condition; however, it’s treatable and certainly better than the misdiagnosed cancer.

  • Cleveland Birth Injury Lawyer Nightmare: Mother Reported to Child Protective Services

    Posted on March 3rd, 2020 admin No comments

    It’s one thing when you or your child is the victim of a birth injury – but quite another when the hospital decides to call Child Protective Services (CPS) on you.

    It’s a case that shocked even our birth injury lawyer in Cleveland. The hospital later apologized, but only after the new mom had several distressing interviews with CPS. She even had to get a birth injury lawyer to straighten everything out.

    When Kiara Doom’s daughter Aryn was born, she suffered a fractured collar bone, a very common birth injury, especially in “big babies” like Aryn, born at 8 pounds, 14.5 ounces.

    ABC News reports:

    “The whole circumstance was terrible,” she said.

    She stated her now 6-month-old daughter was born with a broken collar bone and after delivery, she noticed Aryn was turning purple.

    “I’m seriously concerned about this arm not moving. The collar bone is still swollen and bruised,” Doom said.

    Her husband asked for an X-ray, but the parents say they were repeatedly told everything was fine.

    “They’re making me feel nuts. You’re the mom, not the nurse. It’s OK,” she said.

    Except for two nurses’ notes, all medical records indicate the baby was perfectly healthy after birth.

    “’I knew something was wrong, that motherly thing,’ Doom said.”

    Unnecessary Trauma After a Birth Injury

    “A doctor let us go with me pointing it out, I said. And my daughter really does have a broken collar bone, shame on you. Please educate your staff so that nobody goes through this again,” Doom told ABC News.

    And then Child Protective Services showed up at her door. The hospital eventually worked everything out, but only after Doom underwent after extensive interviews with CPS.

    “We finally met and were basically told with finality, ‘Sorry, we’re not sorry.’ All I wanted were those words removed from my daughter’s chart,” Doom told ABC News.

    Cleveland birth injury lawyers often find that negligence is the number one cause of birth injuries. If you or a loved one has been a victim of hospital negligence in a birth injury, please contact the professionals at Linton Law Firm for a free consultation.

     

  • Cleveland Nursing Home Injury Lawyer: Alleged Serial Killer Posed as Nursing Home Nurse

    Posted on November 11th, 2019 admin No comments

    Not all serial killers live in vans waiting in parks for their victims. Some have even posed as aides in nursing homes – preying on the elderly and most vulnerable members of our society.

    It’s a case that shocks even the most tempered nursing home injury lawyer in Cleveland. Police believe a 47-year old who posed as nursing home health aide is a serial killer has smothered at least 12 elderly women.

    Dallas area Billy Chemirmir has been charged with 12 counts of murder in an ongoing investigation.

    Police first started surveilling Chemirmir, when he was observed tossing a jewelry box in the trash of his apartment complex. The box belonged to Lu Thi Harris, who was later found dead inside her apartment.

    An Ongoing Investigation

    Police suspected there may be more victims, reinvestigating more than 750 unattended senior deaths dating back to at least 2010. Authorities exhumed at least one body of a suspected victim, WFAA reported.

    Authorities say Chemirmir is responsible for at least a dozen deaths and attempted murder of two other women – and they’re still searching for more potential victims.

    Though Chemirmir isn’t a licensed nurse in the US, he posed as a nurse and worked as a home health care aide.

    “Chemirmir uses health care experience to his advantage targeting and exploiting seniors, some of the most vulnerable people in our community,” Plano Police Chief Gregory W. Rushin told reporters in 2018. “This is terribly disturbing.”

    It’s a chilling incident, but tragically much more common than you’d think. Selecting the best nursing facility for your loved one is extremely challenging. Any nursing home injury lawyer in Cleveland will tell you to always use due diligence and ask key questions, such as:

    • What are the staffing ratios?
    • What is your staffing turnover rate?
    • How much time is spent by nurses and aides with residents?
    • Which services are offered?
    • What is the typical wait time for a call button alert?
    • What type of activities are offered to encourage the engagement of residents?
  • Cleveland Birth Injury Lawyer: Jury Awards $229M in Record Medical Malpractice Case

    Posted on October 7th, 2019 admin No comments

    As one of the leading birth injury law firms in Cleveland with a proven record, we always like to tell our clients it’s not about the money. Not really. It’s more about holding the medical community accountable for its negligence.

     

    But we’ll also tell you that when a Baltimore jury awarded $229 million to plaintiffs in a recent birth injury case, that’s more than just holding the hospital accountable for its errors. It’s a record – the largest medical malpractice verdict ever awarded in the United States.

     

    “We are grateful to the jury for their careful consideration,” said Mary Koch, attorney to Erica Byrom, whose daughter suffered lifelong lasting brain injuries as a result of a medical mistake. “The verdict of the jury insures that Zubida will receive the care and treatment she needs and deserves for the rest of her life.”

    A Poor Decision Led to Medical Error

     

    The 16-year-old mother had dangerously high blood pressure from preeclampsia. Doctors told her that her baby could die or suffer brain damage. In light of that prognosis, which her attorney’s claim was mistaken, the teen decided to forgo a cesarean section, resulting in lasting brain injuries to her daughter. The hospital plans to appeal the verdict.

     

    “Our hearts go out to this child and her family,” said Kim Hoppe, a Hopkins spokeswoman. “We are confident in the care this patient received and have provided ample documentation clearly demonstrating that we appropriately informed her multiple times of all of the risks associated with her condition. The verdict was not supported by the evidence.”

     

    As Cleveland birth injury lawyers, we’ll also tell you that not only does a financial award hold hospitals accountable, it also guarantees lifelong financial security for those who suffer from malpractice. And that helps to facilitate the healing process, a lifelong struggle that at least becomes a little easier when finances are no longer a concern.

  • Study Confirms Cleveland Nursing Home Injury Attorneys’ Suspicions: Abuse Underreported

    Posted on September 30th, 2019 admin No comments

    As nursing home injury attorneys in Cleveland, we realize that nursing home injury is actually a lot more common than most people think. Many cases go unreported. Sadly, this suspicion has been confirmed in two new government studies.

    Conducted and published by the Office of Inspector General of the U.S. Department of Health and Human Services, the research found that in most cases of abuse or neglect severe enough to require medical attention, the incidents have not been reported to enforcement agencies — despite the fact that it’s the law.

    One study focused on nursing home residents who end up in nursing homes. Nearly one in five cases were not reported to police.

    “Some of the cases we saw, a person is treated in an emergency room [and] they’re sent back to the same facility where they were potentially abused and neglected,” Gloria Jarmon, deputy inspector general for audit services, told NPR.

    Elder Abuse Can Happen Anywhere

    And elder abuse can happen in multiple settings — not just nursing homes. A second study looked at medicare claims for the elderly regardless of where the incident took place. Nearly one- third of the incidents were not reported to law enforcement.

    That’s why it’s so important to work with a nursing home injury attorney in Cleveland. All too often these tragic incidents are merely swept under the rug and ignored.

  • Cleveland Cancer Misdiagnosis Attorney: Mother Undergoes Mastectomy as a Result of Error

    Posted on August 19th, 2019 admin No comments

    One cancer misdiagnosis recently left a mother of two severely traumatized. At 28 years old, Sarah Boyle underwent a double mastectomy and chemotherapy before the Royal Stoke University Hospital realized it had made an unfortunate mistake.

    These kinds of stories are all too familiar for a cancer misdiagnosis attorney in Cleveland. Those who made the error must be held accountable for their actions.

    In this case, the results of a biopsy sample were incorrectly recorded.

    Increased Risk, Ongoing Trauma

    Sadly, Boyle now faces an increased risk of cancer because of the breast implants. She has also been told the treatment may affect her fertility.

    Boyle related the tragedy of her experience and the difficulties she continues to face as a result:

    “The past few years have been incredibly difficult for me and my family,” she said.

    “Being told I had cancer was awful, but then to go through all of the treatment and surgery to then be told it was unnecessary was traumatizing.

    “And while I was delighted when I gave birth to Louis, it was really heartbreaking when I couldn’t breastfeed him.

    “As if that wasn’t bad enough, I am now worried about the possibility of actually developing cancer in the future because of the type of implants I have and I am also worried about complications that I may face because of my chemotherapy.”

    If you have been the victim of a misdiagnosis, call our office immediately for a free consultation from one of our Cleveland cancer misdiagnosis attorneys.

     

     

  • Birth Injury Attorney in Cleveland: New Study Finds Autism May Be Connected to Birth Injury

    Posted on August 5th, 2019 admin No comments

    Our understanding of the nature of birth injury continues to change, as our birth injury attorney firm in Cleveland can attest. And it continues to disclose new details.

    Here’s the latest. Autism could be added to the list of potential birth injuries, a new study suggests. Researchers have noticed that autism rates are higher in cases of premature c-section deliveries, suggesting a possible link.

    The Study

    Researchers at Neurochlore, Ben-Ari Institute of Neuroarcheology monitored brain size in ASD mouse models before, during and after birth. They published results in the journal, Science Advances, finding evidence that the birth process may play a role in the development of autism.

    Medical Express reports:

    “In looking at the images, the researchers found that the brains of normal mice stopped growing in size for a period of time prior to birth and remained at that size for a period after birth. They suspect the pause was to help the brain cope with the trauma of birth. In ASD mouse models, things were different, however—the brain was larger after birth (specifically in the hippocampus), suggesting its growth had not been suppressed during delivery and in the time shortly thereafter. They also found that administering the drug bumetanide to the mice before delivery prevented the abnormal brain growth from occurring.”

     

    It’s a finding our birth injury attorneys in Cleveland find interesting, to say the least. Birth is a very delicate process. There’s so much on the line when it comes to a child’s development.