Cleveland Ohio Injury Blog

A nursing home's hidden abuse

Many forms of nursing home neglect and abuse, such as bed sores or personal injury, are visible and obvious. However, psychological or emotional abuse is a serious form of neglect that is not visible and may be difficult to detect. This abuse is comprised of the infliction of mental suffering, anger, pain or distress on residents that causes harm on how that person feels or thinks. It is caused by words, action or inaction.

Common types of this abuse include threating physical harm, unnecessary yelling or making a resident's decision against their will through verbal intimidation. Threats of institutionalization or removing privileges is another example. Victims are also told that they deserve to be treated poorly, are unloved or should have their privileges withdrawn.

Unsafe employers cited in report

A death at an Ohio company put it on a list of employers in this country who placed employees and communities at risk through their unsafe practices, according to the National Council for Occupational Safety and Health private safety advocacy coalition. A fatal workplace accident is often the basis of a wrongful death lawsuit.

National COSH issued its 2018 report of the "Dirty Dozen" of unsafe employers last month. This group named an excavating company from Mason, Ohio, where a 25-year-old worker was buried alive in 2017. The U.S. Occupational Safety and Health Administration had cited the company three times for its failure to protect its workers from trench collapses.

Dog involved in possible lawsuit

A wrongful death lawsuit may not always involve a fatal vehicle crash, medical malpractice or occupational injury. According to a recent report, a Dayton family may file a cause of action because of the mauling death of a 60-year-old family member last year.

A pit bull chained in a yard located near the Dayton Art Institute broke free and attacked the victim as he was walking down an alley behind that property on his routine morning walk on April 25, 2017. Apparently, he struggled with the dog for several minutes. Neighbors called 911 after hearing his screams. He died afterward from severe blood loss after suffering several bites to his upper and lower extremities. Police shot and killed the dog.

The hidden flaws of nursing homes

Although nursing homes are regulated, there are too many cases of nursing home neglect and abuse. Consumers should look behind the curtain for signs of nursing home neglect and other problems.

For instance, mandatory arbitration clauses may be tucked into the contract. These require residents and their families to settle claims outside of court and take away their right to sue for serious problems, such as negligence. Evidence of nursing home neglect may be hidden in plain view. Families should look at other residents to see if they are clean and properly cared for. Living quarters should be clean, safe and in good repair.

Driving without distractions: How to avoid them

Cleveland area drivers must remain alert when they are in the driver’s seat. They need to be able to spot hazards, make split-second decisions and use the right driving behaviors to avoid them. When they become distracted, they may never see the vehicle in front, or at least not in time to hit the brakes. These types of crashes often cause life-threatening injuries, such as fractures, internal hemorrhaging, brain damage and spinal cord trauma. There is also a higher risk of death. 

Distractions are anything that takes a driver’s eyes and attention off the road; they are not limited to cellphone use. Eating, grooming, GPS navigation devices, vehicle infotainment systems, pets and passengers are some of the many distractions that cause motorists to crash. Here are some suggestions to help motorists avoid distractions and motor vehicle collisions. 

Court to decide if college concussion lawsuit can continue

The Ohio state Supreme Court will decide whether a widow can proceed with a lawsuit over claims that her husband suffered catastrophic injuries while playing football for Notre Dame in the 1970s. The former player was suffering from dementia and the early onset of Alzheimer's when he filed a lawsuit with his wife in Ohio in October of 2014. They named Notre Dame and the NCAA as defendants and claimed that these institutions displayed reckless disregard for the safety of football players by not educating and protecting players from concussions.

The plaintiffs claimed that the NCAA waited until 2010 before requiring colleges to prepare concussion protocols requiring removal of an athlete from a game or practice and medical evaluation, even though the dangers were known.

Loss of embryos leads to lawsuits

Changing technology can complicate negligence lawsuits. For instance, in a recent situation, Ohio courts will need to rule on whether the destruction of thousands of eggs and embryos at University Hospitals is a personal negligence or medical malpractice case, which can limit the award of extra punitive damages.

Reports indicate that four thousand specimens were rendered unviable at UH during the weekend of March 3 and 4. UH recently released a statement to patients attributing the loss of over 400 eggs and embryos, impacting 950 patients, to temperature fluctuations involving higher temperatures. A remote alarm system installed to alert staff members to rising temperatures was not turned on.

First autonomous car death lawsuit settled

It may be only a matter of time until autonomous vehicles, currently under development, are on Ohio's roads. Wrongful death cases involving last month's first fatal self-driving vehicle crash poses new legal questions for motorists and pedestrians across the country concerning this new technology.

On March 18, a 49-year-old woman was walking across a four-lane road outside a crosswalk in Tempe, Arizona when she was struck by a self-driving Uber SUV. It was traveling along a dark road when its headlights suddenly illuminated the victim in front of the vehicle, according to video footage from the SUV's dash-mounted camera. Other video footage revealed that the vehicle's human safety driver, who was sitting behind the wheel, was looking down and not at the road seconds before the collision.

State fair accident victim settles for $1.7 million

An afternoon at the Ohio State Fair in July of 2017 quickly turned from family fun into unspeakable tragedy and permanent disability. An accident involving a ride at the Ohio State Fair caused one death and seven injuries. One of the victims who suffered catastrophic injuries is expected to receive a $1.7 million settlement.

A gondola on the Fire Ball ride at the fair broke loose during the evening. An 18-year-old was killed. Four others suffered critical injuries and were identified as catastrophic victims in court documents.

Possible symptoms of brain injury after an accident

A brain injury can be a life-altering event. Though they can occur in many different settings, people in auto accidents are more susceptible to brain injury by the sheer nature of the event.

The first step in treating a brain injury is recognizing that there is one. There are a few possible symptoms that parties may look for to identify a brain injury.

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