Ohio Spanish Speaking Lawyer | Undocumented Injured Workers Entitled to Ohio Workers Compensation | Cleveland | Columbus| Akron | Toledo | Youngstown 800.309.7404 | 216.223.8004 | 614.398.3828 | 440.328.8883 | 330.974.0012
A common question among Ohio’s Latino and Hispanic population is are undocumented or “illegal aliens” ie – those without social security numbers and no permission to work in the United States able to file claims for Ohio workers compensation benefits? The answer is Yes.
Ohio law has said that Ohio’s definition of employee also included an illegal alien. Ohio Revised Code section §4123.01(C) does not say specifically if “illegal aliens” are included in the definition of “employee.” But, an Ohio case (Rajeh v. Steel City Corporation), said that that the Ohio statute's including the term alien in the definition of employee also included an "illegal alien."
This is good news for Ohio’s Latino and Hispanic undocumented workers, illegal aliens, and workers without work permits. They do not need to be scared or afraid to report their work injury. Often times the employer will take advantage of the worker and tell them they have no case or tell them to go to the hospital but say that the accident did not happen at work. These workers are entitled to Ohio workers compensation benefits.
http://www.ohiolawyer4you.com/ohio-undocumented-workers-entitled-to-workers-comp-benefits.html
Tuesday, December 27, 2016
Monday, December 19, 2016
Spanish Speaking Cleveland Lawyer Explains Cerebral Palsy Resources in Cleveland Ohio Cleveland (216) 339-1800 or (800) 307-7404 | Columbus 614.398.3828 | Lorain + Toledo 440.328.8883 | Akron + Canton 330.974.0012
Spanish Speaking Cleveland Lawyer Explains Cerebral Palsy Resources in Cleveland Ohio Cleveland (216) 339-1800 or (800) 307-7404 | Columbus 614.398.3828 | Lorain + Toledo 440.328.8883 | Akron + Canton 330.974.0012
One of the biggest challenges families often face is funding all the therapies their children need. This guide provides resources Northeast Ohio families can use to help pay for therapies, specialized education, equipment, and more.
Before beginning your search, call your health insurance provider to determine what they will cover. you may be entitled to therapy services through early intervention or through your home school district.
United Cerebral Palsy of Greater Cleveland - LeafBridge is a Center of Excellence for Children.The agency serves infants and children (up to 22 years of age) with a variety of developmental delays and disabilities including cerebral palsy.
Physical, Occupational and Speech-Language Therapy Services
Steps to Independence Intensive Therapy
LeafBridge Specialized Services School-Based Therapy
LeafBridge Family Resources
Assistive Technology
leafbridge@ucpcleveland.org or (216) 791-8363, ext. 1250.
Cleveland Clinic Neurological Institute includes more than 300 medical, surgical and research specialists dedicated to the treatment of adult and pediatric patients with neurological and psychiatric disorders.Our neurology, neurosurgery, and pediatric neurology and neurosurgery programs are also ranked best in Ohio.Neurorehabilitation & Spasticity Clinic Neurorehabilitation services at the Mellen Center focus on symptomatic treatments and rehabilitation interventions to improve spasticity and optimize function for conditions of the central nervous system, including cerebral palsy.
The Pediatric Neurology Division at University Hospitals Rainbow Babies & Children’s Hospital Pediatric neurology faculty are certified by the American Boards of Neurology and Pediatrics for the care of multiple-handicapped children including those with cerebral palsy.
Multiple programs are embedded into the Rainbow Neurological Center which is part of the Neurological Institute at University Hospitals Cleveland Medical Center.
Request an appointment with a specialist at Rainbow. 216-UH4-KIDS
Metro Hospital Cleveland Ohio
Neurology is the field of medicine that focuses on disorders of the brain, spinal cord, muscles and nerves. Neurologists must be able to diagnose cerebral palsy.
The Cerebral Palsy Clinic is for children with spasticity, dystonia, choreo-athetosis or epilepsy. Therapies include botulinum toxin injections, physical therapy, orthopedic interventions, and intrathecal baclofen infusion.
For pediatric appointments, call 216-778-8562.
Help Me Grow of Cuyahoga County P.O. Box 45372 Westlake, Ohio 44145 216-698-7500 Program/Service
Early Intervention
Occupational Therapy: Outpatient
Physical Therapy: Outpatient
Speech-Language Therapy: Outpatient
Age(s) served
Birth (0-1 year)
Toddler (1 to 2 years)
The Children with Medical Handicaps Program (BCMH) is a supplemental insurance program that helps families to cover out-of-pocket costs for diagnosis and treatment of conditions classified as “medical handicaps” including Cerebral palsy.
Danielle’s Foundation
(Cerebral palsy/brain injury diagnosis only) Grants can be used for funding of medical equipment, therapies, or educational devices such as an iPad. Call to request a grant application.
1-800-511-2283
www.daniellesfoundation.org
Gia Nicole Angel Foundation
Provides funds to cover the purchase of specific items to enhance the daily functioning of a child with special needs and his or her family. This includes children with any physical disability (such as, but not limited to: spina bifida, paralysis, missing limbs) or illness (such as, but not limited to: cerebral palsy, multiple sclerosis, cancer). Funds are awarded on a case by case basis with preference given to lower income and single parent families.
1-267-332-1320
giafoundation.com
One of the biggest challenges families often face is funding all the therapies their children need. This guide provides resources Northeast Ohio families can use to help pay for therapies, specialized education, equipment, and more.
Before beginning your search, call your health insurance provider to determine what they will cover. you may be entitled to therapy services through early intervention or through your home school district.
United Cerebral Palsy of Greater Cleveland - LeafBridge is a Center of Excellence for Children.The agency serves infants and children (up to 22 years of age) with a variety of developmental delays and disabilities including cerebral palsy.
Physical, Occupational and Speech-Language Therapy Services
Steps to Independence Intensive Therapy
LeafBridge Specialized Services School-Based Therapy
LeafBridge Family Resources
Assistive Technology
leafbridge@ucpcleveland.org or (216) 791-8363, ext. 1250.
Cleveland Clinic Neurological Institute includes more than 300 medical, surgical and research specialists dedicated to the treatment of adult and pediatric patients with neurological and psychiatric disorders.Our neurology, neurosurgery, and pediatric neurology and neurosurgery programs are also ranked best in Ohio.Neurorehabilitation & Spasticity Clinic Neurorehabilitation services at the Mellen Center focus on symptomatic treatments and rehabilitation interventions to improve spasticity and optimize function for conditions of the central nervous system, including cerebral palsy.
The Pediatric Neurology Division at University Hospitals Rainbow Babies & Children’s Hospital Pediatric neurology faculty are certified by the American Boards of Neurology and Pediatrics for the care of multiple-handicapped children including those with cerebral palsy.
Multiple programs are embedded into the Rainbow Neurological Center which is part of the Neurological Institute at University Hospitals Cleveland Medical Center.
Request an appointment with a specialist at Rainbow. 216-UH4-KIDS
Metro Hospital Cleveland Ohio
Neurology is the field of medicine that focuses on disorders of the brain, spinal cord, muscles and nerves. Neurologists must be able to diagnose cerebral palsy.
The Cerebral Palsy Clinic is for children with spasticity, dystonia, choreo-athetosis or epilepsy. Therapies include botulinum toxin injections, physical therapy, orthopedic interventions, and intrathecal baclofen infusion.
For pediatric appointments, call 216-778-8562.
Help Me Grow of Cuyahoga County P.O. Box 45372 Westlake, Ohio 44145 216-698-7500 Program/Service
Early Intervention
Occupational Therapy: Outpatient
Physical Therapy: Outpatient
Speech-Language Therapy: Outpatient
Age(s) served
Birth (0-1 year)
Toddler (1 to 2 years)
The Children with Medical Handicaps Program (BCMH) is a supplemental insurance program that helps families to cover out-of-pocket costs for diagnosis and treatment of conditions classified as “medical handicaps” including Cerebral palsy.
Danielle’s Foundation
(Cerebral palsy/brain injury diagnosis only) Grants can be used for funding of medical equipment, therapies, or educational devices such as an iPad. Call to request a grant application.
1-800-511-2283
www.daniellesfoundation.org
Gia Nicole Angel Foundation
Provides funds to cover the purchase of specific items to enhance the daily functioning of a child with special needs and his or her family. This includes children with any physical disability (such as, but not limited to: spina bifida, paralysis, missing limbs) or illness (such as, but not limited to: cerebral palsy, multiple sclerosis, cancer). Funds are awarded on a case by case basis with preference given to lower income and single parent families.
1-267-332-1320
giafoundation.com
Tuesday, December 13, 2016
Spanish Speaking Cleveland Ohio Medical Malpractice lawyer Patrick Merrick | Cleveland, Columbus, Akron, Toledo, y Youngstown Ohio. Servicios en Español. Consulta Gratis. 800.309.7404 | 216.223.8004 | 614.398.3828 | 440.328.8883 | 330.974.0012
Spanish Speaking Cleveland Ohio Medical Malpractice lawyer Patrick Merrick | Cleveland, Columbus, Akron, Toledo, y Youngstown Ohio. Servicios en Español. Consulta Gratis. 800.309.7404 | 216.223.8004 | 614.398.3828 | 440.328.8883 | 330.974.0012
The family of a 6-year-old boy with brain damage has settled a medical malpractice lawsuit for $30 million involving a doctor who allegedly performed several experimental surgeries on the patient.
The final and 25th surgery performed by the doctor left the child with an irreversible brain injury and cerebral palsy. http://www.chicagotribune.com/business/ct-rush-medical-malpractice-settlement-0223-biz-20160222-story.html
A DeKalb County jury has returned a $3 million verdict in a case involving a 64-year-old woman who died shortly after what her lawyers said was a routine surgical procedure.
Brenda Davis went into surgery to have an ovarian cyst removed, but during the procedure her bowel was pierced, her lawyers said. The gynecological surgeon failed to adequately inspect Davis’ bowel for cuts — a danger of this surgery — and then mishandled her complaints after the procedure. http://legal.blog.ajc.com/2016/01/26/dekalb-jury-awards-3-million-in-medical-malpractice-case/
A Philadelphia jury awarded to $44.1 million a women who suffered a brain hemorrhage while being treated at the Hospital of the University of Pennsylvania.
The jury found the hospital 65 percent liable and the doctor 35 percent liable for failing to recognize the patient’s adverse reaction to heparin, an anticoagulant medication, which she received after being treated for a benign tumor on tissue covering her brain. The brain hemorrhage caused a catastrophic brain injury, which left Tate significantly paralyzed. http://www.bizjournals.com/philadelphia/morning_roundup/2016/04/hup-penn-medical-malpractice-44million-andrea-tate.html
Federal Jury Awards $9 Million In Medical Malpractice Case
That is what occurred in recent case that resulted in a $9 million award to the surviving family members of a 40 year old mother of six who lost her own life and that of her unborn child at a Chicago hospital. The patient – who was seven months pregnant at the time – presented to the hospital with a chief complaint of shortness of breath. She was diagnosed with pneumonia but kept in a regular room instead of being transferred to the intensive care unit and without being given any substantive treatment, according to the lawsuit. When her condition worsened, nurses tried to contact her doctor by phone but were no successful. The suit alleged that instead of transferring her, the nurses did nothing. Approximately one hour after the nurses’ last call to the doctor, the patient was found unresponsive and could not be revived. Upon an emergency cesarean-section, the child was delivered still-born. https://www.marylandmedicalmalpracticelawyerblog.com/2016/07/federal-jury-awards-9-million-medical-malpractice-case.html
$4.25 million medical malpractice settlement as Pa. mom loses twins
The lawsuit alleged doctors failed to properly monitor a mother for preeclampsia -- a serious medical condition characterized by high blood pressure. The mother suffered a seizure, which caused the placenta to detach from her womb. The fetuses, who were at 33.4 weeks' gestation, were stillborn. the judge said the public's right to know outweighed concerns defense attorneys raised that the disclosure would discourage hospitals and physicians from settling malpractice cases in the future, the newspaper reported.
http://www.pennlive.com/news/2016/08/huge_425_million_medical_malpr.html
Jury hits U. of C. hospital with $53 million malpractice verdict
Cook County jury has awarded $53 million to a 12-year-old Hickory Hills boy and his mother in a 2013 lawsuit filed against the University of Chicago Medical Center, where he was born with a serious brain injury. The jury's award to Lisa and Isaiah Ewing includes $28.8 million for future caretaking expenses. The child has severe cerebral palsy, is in a wheelchair, and needs his mother to feed and clothe him. Their lawsuit outlined about 20 alleged missteps by doctors and nurses after Ewing arrived about 40 weeks pregnant at the hospital and was experiencing less movement by her baby. The mistakes, the lawsuit alleged, included the failures to carefully monitor mother and baby, perform a timely cesarean section, follow a chain of command, obtain accurate cord blood gases, and be aware of abnormal fetal heart rate patterns that indicated distress to the baby, including hypoxia, or a drop in the supply of oxygen. http://www.chicagotribune.com/business/ct-u-of-c-malpractice-verdict-0701-biz-20160630-story.html
http://www.ohiolawyer4you.com/medical-malpractice-case-verdicts.html
The family of a 6-year-old boy with brain damage has settled a medical malpractice lawsuit for $30 million involving a doctor who allegedly performed several experimental surgeries on the patient.
The final and 25th surgery performed by the doctor left the child with an irreversible brain injury and cerebral palsy. http://www.chicagotribune.com/business/ct-rush-medical-malpractice-settlement-0223-biz-20160222-story.html
A DeKalb County jury has returned a $3 million verdict in a case involving a 64-year-old woman who died shortly after what her lawyers said was a routine surgical procedure.
Brenda Davis went into surgery to have an ovarian cyst removed, but during the procedure her bowel was pierced, her lawyers said. The gynecological surgeon failed to adequately inspect Davis’ bowel for cuts — a danger of this surgery — and then mishandled her complaints after the procedure. http://legal.blog.ajc.com/2016/01/26/dekalb-jury-awards-3-million-in-medical-malpractice-case/
A Philadelphia jury awarded to $44.1 million a women who suffered a brain hemorrhage while being treated at the Hospital of the University of Pennsylvania.
The jury found the hospital 65 percent liable and the doctor 35 percent liable for failing to recognize the patient’s adverse reaction to heparin, an anticoagulant medication, which she received after being treated for a benign tumor on tissue covering her brain. The brain hemorrhage caused a catastrophic brain injury, which left Tate significantly paralyzed. http://www.bizjournals.com/philadelphia/morning_roundup/2016/04/hup-penn-medical-malpractice-44million-andrea-tate.html
Federal Jury Awards $9 Million In Medical Malpractice Case
That is what occurred in recent case that resulted in a $9 million award to the surviving family members of a 40 year old mother of six who lost her own life and that of her unborn child at a Chicago hospital. The patient – who was seven months pregnant at the time – presented to the hospital with a chief complaint of shortness of breath. She was diagnosed with pneumonia but kept in a regular room instead of being transferred to the intensive care unit and without being given any substantive treatment, according to the lawsuit. When her condition worsened, nurses tried to contact her doctor by phone but were no successful. The suit alleged that instead of transferring her, the nurses did nothing. Approximately one hour after the nurses’ last call to the doctor, the patient was found unresponsive and could not be revived. Upon an emergency cesarean-section, the child was delivered still-born. https://www.marylandmedicalmalpracticelawyerblog.com/2016/07/federal-jury-awards-9-million-medical-malpractice-case.html
$4.25 million medical malpractice settlement as Pa. mom loses twins
The lawsuit alleged doctors failed to properly monitor a mother for preeclampsia -- a serious medical condition characterized by high blood pressure. The mother suffered a seizure, which caused the placenta to detach from her womb. The fetuses, who were at 33.4 weeks' gestation, were stillborn. the judge said the public's right to know outweighed concerns defense attorneys raised that the disclosure would discourage hospitals and physicians from settling malpractice cases in the future, the newspaper reported.
http://www.pennlive.com/news/2016/08/huge_425_million_medical_malpr.html
Jury hits U. of C. hospital with $53 million malpractice verdict
Cook County jury has awarded $53 million to a 12-year-old Hickory Hills boy and his mother in a 2013 lawsuit filed against the University of Chicago Medical Center, where he was born with a serious brain injury. The jury's award to Lisa and Isaiah Ewing includes $28.8 million for future caretaking expenses. The child has severe cerebral palsy, is in a wheelchair, and needs his mother to feed and clothe him. Their lawsuit outlined about 20 alleged missteps by doctors and nurses after Ewing arrived about 40 weeks pregnant at the hospital and was experiencing less movement by her baby. The mistakes, the lawsuit alleged, included the failures to carefully monitor mother and baby, perform a timely cesarean section, follow a chain of command, obtain accurate cord blood gases, and be aware of abnormal fetal heart rate patterns that indicated distress to the baby, including hypoxia, or a drop in the supply of oxygen. http://www.chicagotribune.com/business/ct-u-of-c-malpractice-verdict-0701-biz-20160630-story.html
http://www.ohiolawyer4you.com/medical-malpractice-case-verdicts.html
Wednesday, December 7, 2016
Abogado Hispano en Cleveland Ohio Patrick Merrick (Spanish Speaking Lawyer) explica que si usted ha sufrido una lesión en ohio usted tiene derechos legales sobre el tratamiento médico, el dinero si no pueden trabajar, el dinero para la discapacidad de su accidente. Consulta Gratis 800.309.7404 | 216.223.8004 | 614.398.3828 | 440.328.8883 | 330.974.0012 | Cleveland, Columbus, Akron, Toledo, y Youngstown
Abogado Hispano en Cleveland Ohio Patrick Merrick (Spanish Speaking Lawyer) explica que si usted ha sufrido una lesión en ohio usted tiene derechos legales sobre el tratamiento médico, el dinero si no pueden trabajar, el dinero para la discapacidad de su accidente. Consulta Gratis 800.309.7404 | 216.223.8004 | 614.398.3828 | 440.328.8883 | 330.974.0012 | Cleveland, Columbus, Akron, Toledo, y Youngstown
Si usted tiene una lesión en el trabajo en Ohio lo más probable es que termine en la Comisión Industrial que rige las disputas entre los trabajadores lesionados, los empleadores, y la oficina de trabajadores comp en Ohio. Cada vez que hay un desacuerdo entre lo que usted o su médico quieren para su caso y lo que su empleador y / o trabajadores comp cree que debe tener - usted terminará frente a un oficial de audiencia en la Comisión Industrial. Estas audiencias se componen de todo, desde las asignaciones iniciales (aprobaciones) de las reclamaciones, a las solicitudes de tratamiento, a la solicitud de indemnización, mientras que usted no está trabajando, a las calificaciones de deterioro parcial y permanente.
Las audiencias suelen durar de 10 a 30 minutos. A veces pueden correr más tiempo si están en la concesión de la reclamación o en una cuestión compleja o que es muy discutido por el empleador. Su abogado lo preparará antes de la audiencia para las preguntas que se le harán. Su abogado comenzará a hablar en la audiencia y le hará preguntas específicas que él quiere que el oficial de audiencia sepa. Algunas audiencias son muy concretas, como la forma en que ocurrió el accidente. Otras audiencias son más de lo que su médico dice acerca de su lesión en comparación con lo que los trabajadores comp médico o médico del empleador dice y es posible que no necesite hablar demasiado.
Trate de establecer contacto visual con el oficial de audiencia. Necesitan ver que usted es serio sobre su lesión. También debe quitar cualquier sombrero cuando esté en la sala de audiencia. Usted quiere vestir con respeto (no jeans o camisetas).
A veces pensamos que las "escalas de la justicia son ciegas" y que todos los jueces o oficiales de la audiencia son igualmente justos. Esto simplemente no es el caso. Algunos son más sesgados a los empleadores y algunos son más favorables a los trabajadores lesionados. Su abogado sabrá antes de la audiencia en qué lado su oficial de audiencia de lado.
Siempre diga la verdad cuando el abogado del empleador o el oficial de la audiencia le hacen preguntas sobre su lesión y cómo el accidente de trabajo. Ellos quieren asegurarse de que lo que usted dice en la audiencia coincide con lo que dijo en los registros médicos, el informe de incidentes y el primer informe de lesión.
Informe a su abogado si hay algún error en su primer informe de lesión o en los registros de la sala de emergencias. A veces un informe de incidente se rellena y es ligeramente diferente de lo que se pone en el primer informe de lesión y diferente de lo que el hospital escribe en los registros de sala de emergencia. Aunque puede ser una ligera discrepancia, el oficial de audiencia podría ver que es inconsistente y que las cosas simplemente no se suman.
Sólo responde a la pregunta que se te hace y responde lo más directamente posible. No conteste más de lo que se le pidió y no ofrezca información. Si el oficial de la audiencia le hace una pregunta de sí o no, debe contestar sí o no.
Los oficiales de audiencia no quieren oír historias de chismes de trabajo, discriminación, o cómo otros compañeros de trabajo se lesionan en el trabajo. Ellos sólo están preocupados por usted, su lesión, y su accidente de trabajo.
http://www.miohioabogado.com/ganar-su-audiencia-de-ohio-workers-comp.html
Si usted tiene una lesión en el trabajo en Ohio lo más probable es que termine en la Comisión Industrial que rige las disputas entre los trabajadores lesionados, los empleadores, y la oficina de trabajadores comp en Ohio. Cada vez que hay un desacuerdo entre lo que usted o su médico quieren para su caso y lo que su empleador y / o trabajadores comp cree que debe tener - usted terminará frente a un oficial de audiencia en la Comisión Industrial. Estas audiencias se componen de todo, desde las asignaciones iniciales (aprobaciones) de las reclamaciones, a las solicitudes de tratamiento, a la solicitud de indemnización, mientras que usted no está trabajando, a las calificaciones de deterioro parcial y permanente.
Las audiencias suelen durar de 10 a 30 minutos. A veces pueden correr más tiempo si están en la concesión de la reclamación o en una cuestión compleja o que es muy discutido por el empleador. Su abogado lo preparará antes de la audiencia para las preguntas que se le harán. Su abogado comenzará a hablar en la audiencia y le hará preguntas específicas que él quiere que el oficial de audiencia sepa. Algunas audiencias son muy concretas, como la forma en que ocurrió el accidente. Otras audiencias son más de lo que su médico dice acerca de su lesión en comparación con lo que los trabajadores comp médico o médico del empleador dice y es posible que no necesite hablar demasiado.
Trate de establecer contacto visual con el oficial de audiencia. Necesitan ver que usted es serio sobre su lesión. También debe quitar cualquier sombrero cuando esté en la sala de audiencia. Usted quiere vestir con respeto (no jeans o camisetas).
A veces pensamos que las "escalas de la justicia son ciegas" y que todos los jueces o oficiales de la audiencia son igualmente justos. Esto simplemente no es el caso. Algunos son más sesgados a los empleadores y algunos son más favorables a los trabajadores lesionados. Su abogado sabrá antes de la audiencia en qué lado su oficial de audiencia de lado.
Siempre diga la verdad cuando el abogado del empleador o el oficial de la audiencia le hacen preguntas sobre su lesión y cómo el accidente de trabajo. Ellos quieren asegurarse de que lo que usted dice en la audiencia coincide con lo que dijo en los registros médicos, el informe de incidentes y el primer informe de lesión.
Informe a su abogado si hay algún error en su primer informe de lesión o en los registros de la sala de emergencias. A veces un informe de incidente se rellena y es ligeramente diferente de lo que se pone en el primer informe de lesión y diferente de lo que el hospital escribe en los registros de sala de emergencia. Aunque puede ser una ligera discrepancia, el oficial de audiencia podría ver que es inconsistente y que las cosas simplemente no se suman.
Sólo responde a la pregunta que se te hace y responde lo más directamente posible. No conteste más de lo que se le pidió y no ofrezca información. Si el oficial de la audiencia le hace una pregunta de sí o no, debe contestar sí o no.
Los oficiales de audiencia no quieren oír historias de chismes de trabajo, discriminación, o cómo otros compañeros de trabajo se lesionan en el trabajo. Ellos sólo están preocupados por usted, su lesión, y su accidente de trabajo.
http://www.miohioabogado.com/ganar-su-audiencia-de-ohio-workers-comp.html
Sunday, December 4, 2016
How to win your Ohio Workers Comp Hearing | Cleveland, Columbus, Akron, Toledo, y Youngstown Ohio. Servicios en Español. 800.309.7404 | 216.223.8004 | 614.398.3828 | 440.328.8883 | 330.974.0012
How to win your Ohio Workers Comp Hearing | Cleveland, Columbus, Akron, Toledo, y Youngstown Ohio. Servicios en Español. 800.309.7404 | 216.223.8004 | 614.398.3828 | 440.328.8883 | 330.974.0012
If you have a work injury in Ohio you will most likely end up at the Industrial Commission which governs disputes between injured workers, employers, and the bureau of workers comp in Ohio. Any time there is a disagreement between what you or your doctor want for your case and what your employer and/or workers comp thinks you should have – you will end up in front of a hearing officer at the Industrial Commission. These hearings consist of everything from initial allowances (approvals) of claims, to requests for treatment, to request for compensation while you are not working, to partial and permanent impairment ratings.
Hearings usually last from 10 to 30 minutes. Sometimes they can run longer if they are on the allowance of the claim or on an complex issue or one that is highly contested by the employer. Your attorney will prepare you before the hearing for the questions that will be asked of you. Your attorney will begin speaking at the hearing and ask you specific questions that he wants the hearing officer to know. Some hearings are very fact specific such as how the accident happened. Other hearings are more of what your doctor says about your injury compared to what the workers comp doctor or employer’s doctor says and you might not need to speak too much.
Try to make eye contact with the hearing officer. They need to see you are serious about your injury. You must also remove any hat when in the hearing room. You want to dress respectfully (no jeans or t-shirts).
Sometimes we think that the “scales of justice are blind” and that all judges or hearing officers are equally just. This just isn’t the case. Some are more biased to employers and some are more favorable to injured workers. Your attorney will know prior to the hearing which side your hearing officer sides on.
Always tell the truth when the employer’s lawyer or the hearing officer ask you questions about your injury and how the work accident. They will want to make sure what you say in the hearing matches what you said in the medical records, incident report, and the first report of injury.
Let your attorney know if there are any mistakes in your first report of injury or in the emergency room records. Sometimes an incident report is filled out and it is slightly different than what is put on the first report of injury and different than what the hospital writes down in the emergency room records. Although it may be a slight discrepancy, the hearing officer could see it as inconsistent and that things just don’t add up.
Only answer the question that is asked to you and answer it as directly as possible. Do not answer more than what was asked and do not volunteer information. If the hearing officer asks a yes or no question – you should answer yes or no.
Hearing officers do not want to hear stories of work gossip, discrimination, or how other coworkers are injured on the job. They are only concerned about you, your injury, and your work accident.
http://www.ohiolawyer4you.com/the-ohio-workmans-comp-hearing.html
If you have a work injury in Ohio you will most likely end up at the Industrial Commission which governs disputes between injured workers, employers, and the bureau of workers comp in Ohio. Any time there is a disagreement between what you or your doctor want for your case and what your employer and/or workers comp thinks you should have – you will end up in front of a hearing officer at the Industrial Commission. These hearings consist of everything from initial allowances (approvals) of claims, to requests for treatment, to request for compensation while you are not working, to partial and permanent impairment ratings.
Hearings usually last from 10 to 30 minutes. Sometimes they can run longer if they are on the allowance of the claim or on an complex issue or one that is highly contested by the employer. Your attorney will prepare you before the hearing for the questions that will be asked of you. Your attorney will begin speaking at the hearing and ask you specific questions that he wants the hearing officer to know. Some hearings are very fact specific such as how the accident happened. Other hearings are more of what your doctor says about your injury compared to what the workers comp doctor or employer’s doctor says and you might not need to speak too much.
Try to make eye contact with the hearing officer. They need to see you are serious about your injury. You must also remove any hat when in the hearing room. You want to dress respectfully (no jeans or t-shirts).
Sometimes we think that the “scales of justice are blind” and that all judges or hearing officers are equally just. This just isn’t the case. Some are more biased to employers and some are more favorable to injured workers. Your attorney will know prior to the hearing which side your hearing officer sides on.
Always tell the truth when the employer’s lawyer or the hearing officer ask you questions about your injury and how the work accident. They will want to make sure what you say in the hearing matches what you said in the medical records, incident report, and the first report of injury.
Let your attorney know if there are any mistakes in your first report of injury or in the emergency room records. Sometimes an incident report is filled out and it is slightly different than what is put on the first report of injury and different than what the hospital writes down in the emergency room records. Although it may be a slight discrepancy, the hearing officer could see it as inconsistent and that things just don’t add up.
Only answer the question that is asked to you and answer it as directly as possible. Do not answer more than what was asked and do not volunteer information. If the hearing officer asks a yes or no question – you should answer yes or no.
Hearing officers do not want to hear stories of work gossip, discrimination, or how other coworkers are injured on the job. They are only concerned about you, your injury, and your work accident.
http://www.ohiolawyer4you.com/the-ohio-workmans-comp-hearing.html
Friday, October 14, 2016
Cleveland Workers Comp Lawyer Explains Permanent Partial Disability c92 Applications and Amputation Awards in Ohio Work Injured Workers | Cleveland | Columbus | Akron | Toledo | Youngstown
Cleveland Workers Comp Lawyer Explains Permanent Partial Disability c92 Applications and Amputation Awards in Ohio Work Injured Workers | Cleveland | Columbus | Akron | Toledo | Youngstown
The Ohio Workers Compensation system does not have pain and suffering as in injury or accident cases that happen outside of work. However, Permanent Partial Disability compensation (R.C. § 4123.57(A) is Ohio’s attempt to compensate the worker for his injury that is separate from medical bills and lost wages. It is paid out as a percentage of a whole person impairment (a one-hundred percent impairment would equal total incapacitation. Based on that percentage, the injured worker receives money pursuant to the statute.
For each percentage point of disability, the injured worker receives two weeks of compensation at their average weekly wage rate at the time of injury (this is based on the average weekly wage earned for one complete year prior to the date of injury). However, there is a maximum rate paid by Ohio workers compensation for the year that the injury occurs. If the worker’s wage rate is higher than the maximum, the injured worker will only receive the maximum rate. Also, if the workers wage rate is lower than the maximum they will receive whatever their rate is set.
How to begin the process to determine percent of disability in Ohio workers compensation.
The injured worker (or usually the injured worker’s attorney) will file an application for determination of percent of disability called c92 application. The injured worker is eligible to file this application 6 months after the date of injury or 26 weeks after the injured worker received compensation for not working (temporary total compensation). The determination of permanent partial disability in Ohio is based on the allowed or approved conditions in the claim. Ohio Workers Compensation will then send the injured worker to a state doctor’s exam to get the initial percent of disability. The injured worker then has the opportunity to appeal this decision and go to a doctor of their choosing. The doctor needs to be accredited with Ohio BWC to do these exams. Typically, the injured worker’s doctor percentage is higher than the state doctor’s percentage of disability. The injured worker (or injured worker’s attorney) will then go to a hearing at the Ohio Industrial Commission where a hearing officer will determine the percent of disability. It is usually somewhere between the two exam findings.
Scheduled awards for amputations and loss of use of body parts in Ohio Workers Compensation.
If the injured worker loses a body part (amputation) or has a loss of use of a body part due to the accident there are set awards by Ohio Workers compensation. This means that no matter how much money the injured worker was making per week before the accident, they will all receive the same benefit amount for their loss. These amounts are set by Ohio Statute and are as follows:
Thumb $53,100
Index finger $30,975
Third finger $26,550
Fourth finger $17,700
Little finger $13,275
Loss of metacarpal $8,850
Hand $154,875
Arm $199,125
Great toe $26,550
Other toe $8,850
Foot $132,750
Leg $177,000
Eye $110,625
Hearing (one ear) $22,125
Paying Amputation Awards
When an amputation occurs, the award period begins on the date of the amputation if the amputated body part has not been successfully reattached. If the severed body part is successfully reattached, the injured worker is not entitled to an award.
Paying Loss of Vision Awards
If there is loss of vision in both eyes, each eye is computed separately. The minimum award for each eye is 25% loss of uncorrected vision according toRC 4123.57(B) . The maximum award for each eye is 100% or 125 weeks per eye. Paying Loss of Hearing Awards
Permanent and total loss in one ear is paid for 25 weeks. According to RC 4123.57(B) no award is made for less than permanent and total loss of hearing in one ear. Complete loss of hearing in both ears is paid for 125 weeks. Paying Facial Disfigurement Awards
Claims with dates of injury on or after June 30, 2006 will have a maximum award of $10,000. Claims with dates of injury prior to June 30, 2006 have a maximum award of $5,000.
The Ohio Workers Compensation system does not have pain and suffering as in injury or accident cases that happen outside of work. However, Permanent Partial Disability compensation (R.C. § 4123.57(A) is Ohio’s attempt to compensate the worker for his injury that is separate from medical bills and lost wages. It is paid out as a percentage of a whole person impairment (a one-hundred percent impairment would equal total incapacitation. Based on that percentage, the injured worker receives money pursuant to the statute.
For each percentage point of disability, the injured worker receives two weeks of compensation at their average weekly wage rate at the time of injury (this is based on the average weekly wage earned for one complete year prior to the date of injury). However, there is a maximum rate paid by Ohio workers compensation for the year that the injury occurs. If the worker’s wage rate is higher than the maximum, the injured worker will only receive the maximum rate. Also, if the workers wage rate is lower than the maximum they will receive whatever their rate is set.
How to begin the process to determine percent of disability in Ohio workers compensation.
The injured worker (or usually the injured worker’s attorney) will file an application for determination of percent of disability called c92 application. The injured worker is eligible to file this application 6 months after the date of injury or 26 weeks after the injured worker received compensation for not working (temporary total compensation). The determination of permanent partial disability in Ohio is based on the allowed or approved conditions in the claim. Ohio Workers Compensation will then send the injured worker to a state doctor’s exam to get the initial percent of disability. The injured worker then has the opportunity to appeal this decision and go to a doctor of their choosing. The doctor needs to be accredited with Ohio BWC to do these exams. Typically, the injured worker’s doctor percentage is higher than the state doctor’s percentage of disability. The injured worker (or injured worker’s attorney) will then go to a hearing at the Ohio Industrial Commission where a hearing officer will determine the percent of disability. It is usually somewhere between the two exam findings.
Scheduled awards for amputations and loss of use of body parts in Ohio Workers Compensation.
If the injured worker loses a body part (amputation) or has a loss of use of a body part due to the accident there are set awards by Ohio Workers compensation. This means that no matter how much money the injured worker was making per week before the accident, they will all receive the same benefit amount for their loss. These amounts are set by Ohio Statute and are as follows:
Thumb $53,100
Index finger $30,975
Third finger $26,550
Fourth finger $17,700
Little finger $13,275
Loss of metacarpal $8,850
Hand $154,875
Arm $199,125
Great toe $26,550
Other toe $8,850
Foot $132,750
Leg $177,000
Eye $110,625
Hearing (one ear) $22,125
Paying Amputation Awards
When an amputation occurs, the award period begins on the date of the amputation if the amputated body part has not been successfully reattached. If the severed body part is successfully reattached, the injured worker is not entitled to an award.
Paying Loss of Vision Awards
If there is loss of vision in both eyes, each eye is computed separately. The minimum award for each eye is 25% loss of uncorrected vision according toRC 4123.57(B) . The maximum award for each eye is 100% or 125 weeks per eye. Paying Loss of Hearing Awards
Permanent and total loss in one ear is paid for 25 weeks. According to RC 4123.57(B) no award is made for less than permanent and total loss of hearing in one ear. Complete loss of hearing in both ears is paid for 125 weeks. Paying Facial Disfigurement Awards
Claims with dates of injury on or after June 30, 2006 will have a maximum award of $10,000. Claims with dates of injury prior to June 30, 2006 have a maximum award of $5,000.
Thursday, September 22, 2016
Lawyer in Cleveland Ohio for Medical Malpractice cases for injured patients when the hospital, doctor, or insurance company doesn't want to pay. Call 800.309.7404 | 216.223.8004 | 614.398.3828 | 440.328.8883 | 330.974.0012
Lawyer in Cleveland Ohio for Medical Malpractice cases for injured patients when the hospital, doctor, or insurance company doesn't want to pay. Call 800.309.7404 | 216.223.8004 | 614.398.3828 | 440.328.8883 | 330.974.0012
A patient who has been injured from the negligence of a hospital, nurse, doctor, ambulance worker, or other medical worker, may file a lawsuit if the patient can prove the necessary legal elements. A patient must prove the hospital, nurse, doctor, ambulance worker, or other medical worker was liable for the injury.
The Duty of Care in Ohio
A plaintiff can prove that a hospital, nurse, doctor, ambulance worker, or other medical worker had a duty to provide him with medical care if there is some relationship between the hospital, nurse, doctor, ambulance worker, or other medical worker and the patient. Examples:
In Ohio, Hospitals have a duty to their patients. Regardless of that patient's ability to pay, the law also requires that a hospital admit a patient who comes to that hospital in need of emergency care.
Doctors have a duty to patients under their care.
Violation of the Duty of Care
The next thing in a medical malpractice lawsuit in Ohio , you must show that the hospital, nurse, doctor, ambulance worker, or other medical worker breached that duty. Examples:
Misdiagnosis or Failure to Diagnose an injury or condition - If a hospital, nurse, doctor, ambulance worker, or other medical worker fails to diagnose a condition that he should have diagnosed given the symptoms reported or the results of the tests (XRAY, MRI, CT SCAN, ULTRASOUND), then the hospital, nurse, doctor, ambulance worker, or other medical worker can be held liable for any problems arising from the misdiagnosis
Improper Care - If a hospital, nurse, doctor, ambulance worker, or other medical worker provides you with care but performs is negligently, then he can be held liable. Examples:
leaving an instrument (sponge, rag) inside you during surgery
not reading an XRAY, MRI, CT SCAN properly
not performing a c-section during birth
amputating the wrong bodypart
Mistakes Prescribing Medication – Can include the wrong dosage of medication or not paying attention to drug reactions.
Causation
It must be shown that the hospital, nurse, doctor, ambulance worker, or other medical worker negligence was the proximate and direct cause of the injury. However - If the hospital, nurse, doctor, ambulance worker, or other medical worker can show that the result would have been the same as it would have been even if more care had been taken, then the hospital, nurse, doctor, ambulance worker, or other medical worker will win.
Damages
Need to show that the Harm caused by the hospital, nurse, doctor, ambulance worker, or other medical worker negligence caused some kind of damages. Examples:
Medical bills (past and future)
Lost wages. (past present and future)
Pain and suffering
Wrongful death
A patient who has been injured from the negligence of a hospital, nurse, doctor, ambulance worker, or other medical worker, may file a lawsuit if the patient can prove the necessary legal elements. A patient must prove the hospital, nurse, doctor, ambulance worker, or other medical worker was liable for the injury.
The Duty of Care in Ohio
A plaintiff can prove that a hospital, nurse, doctor, ambulance worker, or other medical worker had a duty to provide him with medical care if there is some relationship between the hospital, nurse, doctor, ambulance worker, or other medical worker and the patient. Examples:
In Ohio, Hospitals have a duty to their patients. Regardless of that patient's ability to pay, the law also requires that a hospital admit a patient who comes to that hospital in need of emergency care.
Doctors have a duty to patients under their care.
Violation of the Duty of Care
The next thing in a medical malpractice lawsuit in Ohio , you must show that the hospital, nurse, doctor, ambulance worker, or other medical worker breached that duty. Examples:
Misdiagnosis or Failure to Diagnose an injury or condition - If a hospital, nurse, doctor, ambulance worker, or other medical worker fails to diagnose a condition that he should have diagnosed given the symptoms reported or the results of the tests (XRAY, MRI, CT SCAN, ULTRASOUND), then the hospital, nurse, doctor, ambulance worker, or other medical worker can be held liable for any problems arising from the misdiagnosis
Improper Care - If a hospital, nurse, doctor, ambulance worker, or other medical worker provides you with care but performs is negligently, then he can be held liable. Examples:
leaving an instrument (sponge, rag) inside you during surgery
not reading an XRAY, MRI, CT SCAN properly
not performing a c-section during birth
amputating the wrong bodypart
Mistakes Prescribing Medication – Can include the wrong dosage of medication or not paying attention to drug reactions.
Causation
It must be shown that the hospital, nurse, doctor, ambulance worker, or other medical worker negligence was the proximate and direct cause of the injury. However - If the hospital, nurse, doctor, ambulance worker, or other medical worker can show that the result would have been the same as it would have been even if more care had been taken, then the hospital, nurse, doctor, ambulance worker, or other medical worker will win.
Damages
Need to show that the Harm caused by the hospital, nurse, doctor, ambulance worker, or other medical worker negligence caused some kind of damages. Examples:
Medical bills (past and future)
Lost wages. (past present and future)
Pain and suffering
Wrongful death
Monday, August 29, 2016
Disabled and Cannot Work in Ohio Cleveland Medical Malpractice Lawyer Explains 3 Options for Benefits when Disabled and Cannot Work in Ohio: 1) social security disability; 2) Ohio workman's comp and 3) Ohio Medicaid 800.309.7404 | 216.223.8004 | 614.398.3828 | 440.328.8883 | 330.974.0012
Disabled and Cannot Work in Ohio Cleveland Medical Malpractice Lawyer Explains 3 Options for Benefits when Disabled and Cannot Work in Ohio: 1) social security disability; 2) Ohio workman's comp and 3) Ohio Medicaid 800.309.7404 | 216.223.8004 | 614.398.3828 | 440.328.8883 | 330.974.0012
Social Security Disability How to Qualify
1 – are you working? If you are working in 2016 and your earnings average more than $1,130 a month, you generally cannot be considered disabled.
2 – Is your condition “severe”? Your condition must interfere with basic work-related activities for your claim to be considered. If it does not, we will find that you are not disabled.
3 - Is your condition on the list of disabling conditions? For each of the major body systems, we maintain a list of medical conditions that are so severe they automatically mean that you are disabled. Such as: rare diseases, cancers, traumatic brain injury (TBI) and stroke, early-onset Alzheimer's disease and related dementias, schizophrenia, cardiovascular disease and multiple organ transplants and autoimmune diseases.
4 – can you do the work you did before? If your condition is severe but not at the same or equal level of severity as a medical condition on the list, then we must determine if it interferes with your ability to do the work you did previously.
5 - If you cannot do the work you did in the past, we see if you are able to adjust to other work.
Are you disabled from work accident?
In Ohio, All injured workers with allowed workers' compensation claims are entitled to payment of medical bills for treatment related to the injury or occupational disease. Following are five of the most common compensation benefits injured workers with allowed workers' compensation claims may be entitled to:
- Payment of temporary total compensation for injured workers who are 100 percent disabled for a temporary period of time as a result of the injury or occupational disease;
- Payment of wage loss compensation to injured workers who are working with restrictions caused by the injury which cause a reduction in earnings or who are actively seeking but are not able to find work within their physical capabilities;
- Payment of a percentage of permanent partial disability award for residual impairment resulting from an injury or occupational disease;
- Payment of permanent total disability (PTD) compensation to injured workers who have been declared permanently and totally disabled by the Industrial Commission of Ohio. A declaration of PTD means that the injured worker is not capable of returning to the former position of employment or of engaging in any sustained remunerative employment;
- Payment of a lump sum settlement award to injured workers who have agreed with their employer to settle the workers' compensation claim.
Ohio Medicaid Eligibility
Ohio's Medicaid program provides access to a many medically necessary services, such as doctor visits, hospital care, immunizations, and prescriptions. Ohio Medicaid eligibility is determined based on several factors. Some services are limited by dollar amount, the number of visits per year, or the setting in which they can be provided.
Ohio’s Medicaid program provides coverage for certain low-income citizens (and some immigrants):
Children to age 19 [Healthy Start];
Pregnant women [Healthy Start];
Parents, or guardians (including grandparents) of children who are 19 or younger [Healthy Families];
Persons with disabilities and persons 65 or older.
Social Security Disability How to Qualify
1 – are you working? If you are working in 2016 and your earnings average more than $1,130 a month, you generally cannot be considered disabled.
2 – Is your condition “severe”? Your condition must interfere with basic work-related activities for your claim to be considered. If it does not, we will find that you are not disabled.
3 - Is your condition on the list of disabling conditions? For each of the major body systems, we maintain a list of medical conditions that are so severe they automatically mean that you are disabled. Such as: rare diseases, cancers, traumatic brain injury (TBI) and stroke, early-onset Alzheimer's disease and related dementias, schizophrenia, cardiovascular disease and multiple organ transplants and autoimmune diseases.
4 – can you do the work you did before? If your condition is severe but not at the same or equal level of severity as a medical condition on the list, then we must determine if it interferes with your ability to do the work you did previously.
5 - If you cannot do the work you did in the past, we see if you are able to adjust to other work.
Are you disabled from work accident?
In Ohio, All injured workers with allowed workers' compensation claims are entitled to payment of medical bills for treatment related to the injury or occupational disease. Following are five of the most common compensation benefits injured workers with allowed workers' compensation claims may be entitled to:
- Payment of temporary total compensation for injured workers who are 100 percent disabled for a temporary period of time as a result of the injury or occupational disease;
- Payment of wage loss compensation to injured workers who are working with restrictions caused by the injury which cause a reduction in earnings or who are actively seeking but are not able to find work within their physical capabilities;
- Payment of a percentage of permanent partial disability award for residual impairment resulting from an injury or occupational disease;
- Payment of permanent total disability (PTD) compensation to injured workers who have been declared permanently and totally disabled by the Industrial Commission of Ohio. A declaration of PTD means that the injured worker is not capable of returning to the former position of employment or of engaging in any sustained remunerative employment;
- Payment of a lump sum settlement award to injured workers who have agreed with their employer to settle the workers' compensation claim.
Ohio Medicaid Eligibility
Ohio's Medicaid program provides access to a many medically necessary services, such as doctor visits, hospital care, immunizations, and prescriptions. Ohio Medicaid eligibility is determined based on several factors. Some services are limited by dollar amount, the number of visits per year, or the setting in which they can be provided.
Ohio’s Medicaid program provides coverage for certain low-income citizens (and some immigrants):
Children to age 19 [Healthy Start];
Pregnant women [Healthy Start];
Parents, or guardians (including grandparents) of children who are 19 or younger [Healthy Families];
Persons with disabilities and persons 65 or older.
Sunday, July 31, 2016
Cleveland Lawyer Explains Ohio Workmans Comp Benefits for Employees Hurt on the Job.
Cleveland Lawyer Explains Ohio Workmans Comp Benefits for Employees Hurt on the Job.
How do I file a workers' comp claim?
If you're injured while on the job, you need to report the accident to Ohio Bureau of Workers Compensation. Actually, you, your employer, a medical provider, your employer's managed care organization or a legal representative can file the claim with Ohio BWC - claims can be filed online, by phone, fax, mail or in person. Once we receive your claim, we'll assign a claim number and a claims service specialist to begin the initial claims process.
All injured workers with allowed workers' compensation claims are entitled to payment of medical bills for treatment related to the injury or occupational disease. Following are five of the most common compensation benefits injured workers with allowed workers' compensation claims may be entitled to:
Payment of temporary total compensation for injured workers who are 100 percent disabled for a temporary period of time as a result of the injury or occupational disease;
Payment of wage loss compensation to injured workers who are working with restrictions caused by the injury which cause a reduction in earnings or who are actively seeking but are not able to find work within their physical capabilities;
Payment of a percentage of permanent partial disability award for residual impairment resulting from an injury or occupational disease;
Payment of permanent total disability (PTD) compensation to injured workers who have been declared permanently and totally disabled by the Industrial Commission of Ohio. A declaration of PTD means that the injured worker is not capable of returning to the former position of employment or of engaging in any sustained remunerative employment;
Payment of a lump sum settlement award to injured workers who have agreed with their employer to settle the workers' compensation claim.
How do I file a workers' comp claim?
If you're injured while on the job, you need to report the accident to Ohio Bureau of Workers Compensation. Actually, you, your employer, a medical provider, your employer's managed care organization or a legal representative can file the claim with Ohio BWC - claims can be filed online, by phone, fax, mail or in person. Once we receive your claim, we'll assign a claim number and a claims service specialist to begin the initial claims process.
All injured workers with allowed workers' compensation claims are entitled to payment of medical bills for treatment related to the injury or occupational disease. Following are five of the most common compensation benefits injured workers with allowed workers' compensation claims may be entitled to:
Payment of temporary total compensation for injured workers who are 100 percent disabled for a temporary period of time as a result of the injury or occupational disease;
Payment of wage loss compensation to injured workers who are working with restrictions caused by the injury which cause a reduction in earnings or who are actively seeking but are not able to find work within their physical capabilities;
Payment of a percentage of permanent partial disability award for residual impairment resulting from an injury or occupational disease;
Payment of permanent total disability (PTD) compensation to injured workers who have been declared permanently and totally disabled by the Industrial Commission of Ohio. A declaration of PTD means that the injured worker is not capable of returning to the former position of employment or of engaging in any sustained remunerative employment;
Payment of a lump sum settlement award to injured workers who have agreed with their employer to settle the workers' compensation claim.
Wednesday, July 27, 2016
Cleveland Medical Malpractice Lawyer Explains Frequency of Medical Malpractice and Surgery Mistakes.
Cleveland Medical Malpractice Lawyer Explains Frequency of Medical Malpractice and Surgery Mistakes. 800.309.7404 | 216.223.8004 | 614.398.3828 | 440.328.8883 | 330.974.0012
How many preventable surgery mistakes and malpractice happen every year? A new study says more than 4,000 preventable mistakes occur in surgery every year at a cost of more than $1.3 billion in medical malpractice payouts, according a new study by National Practitioner Data Bank
How preventable are the surgery mistakes? Researchers call them "never events" They are called this because they are the kind of surgical mistakes that should never happen, such as: operating on the wrong body part, performing the wrong type of surgery, or leaving a medical instrument inside a patient's body after surgery.
Research estimates that 39 times each week surgeons eave a foreign object like a sponge or towel inside a patient's body after an operation
Research estimates that 20 times each week surgeons Perform the wrong procedure on a patient.
Research estimates that 20 times each week surgeons operate on the wrong body site.
From 1990 to 2010, the study, showed a total of 9,744 medical malpractice judgments and claims for these types of never events totaling $1.3 billion.
From the study, researchers estimate that 4,044 surgical never events occur each year in the U.S.
How many preventable surgery mistakes and malpractice happen every year? A new study says more than 4,000 preventable mistakes occur in surgery every year at a cost of more than $1.3 billion in medical malpractice payouts, according a new study by National Practitioner Data Bank
How preventable are the surgery mistakes? Researchers call them "never events" They are called this because they are the kind of surgical mistakes that should never happen, such as: operating on the wrong body part, performing the wrong type of surgery, or leaving a medical instrument inside a patient's body after surgery.
Research estimates that 39 times each week surgeons eave a foreign object like a sponge or towel inside a patient's body after an operation
Research estimates that 20 times each week surgeons Perform the wrong procedure on a patient.
Research estimates that 20 times each week surgeons operate on the wrong body site.
From 1990 to 2010, the study, showed a total of 9,744 medical malpractice judgments and claims for these types of never events totaling $1.3 billion.
From the study, researchers estimate that 4,044 surgical never events occur each year in the U.S.
Tuesday, July 12, 2016
Lawyer in Cleveland and Columbus for Injured Workers that Suffer Amputation, Loss of Eyesight, and Loss of Hearing on the Job
In Ohio, when a worker has a body part amputated or loses vision or total loss of hearing in a work accident, the Ohio worker comp benefit is called a “Scheduled Loss”. Ohio workers compensation provides scheduled loss compensation for the amputation, “loss of use” or ankylosis of certain body parts due to a work injury or occupational disease. This compensation type also covers the loss of vision and total loss of hearing. The rate of payment is based on the date of injury, not the date of amputation or actual loss of use.
The following chart is effective as of January 2016 for amputated body parts, loss of eyesight, and total loss of hearing.
Thumb $53,100
Index finger $30,975
Third finger $26,550
Fourth finger $17,700
Little finger $13,275
Loss of metacarpal $8,850
Hand $154,875
Arm $199,125
Great toe $26,550
Other toe $8,850
Foot $132,750
Leg $177,000
Eye $110,625
Hearing (one ear) $22,125
Paying Amputation Awards
When an amputation occurs, the award period begins on the date of the amputation if the amputated body part has not been successfully reattached. If the severed body part is successfully reattached, the injured worker is not entitled to an award.
Paying Loss of Vision Awards
If there is loss of vision in both eyes, each eye is computed separately. The minimum award for each eye is 25% loss of uncorrected vision according toRC 4123.57(B) . The maximum award for each eye is 100% or 125 weeks per eye.
Paying Loss of Hearing Awards
Permanent and total loss in one ear is paid for 25 weeks. According to RC 4123.57(B) no award is made for less than permanent and total loss of hearing in one ear. Complete loss of hearing in both ears is paid for 125 weeks.
Paying Facial Disfigurement Awards
Claims with dates of injury on or after June 30, 2006 will have a maximum award of $10,000. Claims with dates of injury prior to June 30, 2006 have a maximum award of $5,000.
Cleveland Ohio Workers Comp Attorney explains that if you suffered an injury on the job, you have legal rights to obtain compensation for medical bills, compensation for not working, compensation for disability, and future treatment costs.
The following chart is effective as of January 2016 for amputated body parts, loss of eyesight, and total loss of hearing.
Thumb $53,100
Index finger $30,975
Third finger $26,550
Fourth finger $17,700
Little finger $13,275
Loss of metacarpal $8,850
Hand $154,875
Arm $199,125
Great toe $26,550
Other toe $8,850
Foot $132,750
Leg $177,000
Eye $110,625
Hearing (one ear) $22,125
Paying Amputation Awards
When an amputation occurs, the award period begins on the date of the amputation if the amputated body part has not been successfully reattached. If the severed body part is successfully reattached, the injured worker is not entitled to an award.
Paying Loss of Vision Awards
If there is loss of vision in both eyes, each eye is computed separately. The minimum award for each eye is 25% loss of uncorrected vision according toRC 4123.57(B) . The maximum award for each eye is 100% or 125 weeks per eye.
Paying Loss of Hearing Awards
Permanent and total loss in one ear is paid for 25 weeks. According to RC 4123.57(B) no award is made for less than permanent and total loss of hearing in one ear. Complete loss of hearing in both ears is paid for 125 weeks.
Paying Facial Disfigurement Awards
Claims with dates of injury on or after June 30, 2006 will have a maximum award of $10,000. Claims with dates of injury prior to June 30, 2006 have a maximum award of $5,000.
Cleveland Ohio Workers Comp Attorney explains that if you suffered an injury on the job, you have legal rights to obtain compensation for medical bills, compensation for not working, compensation for disability, and future treatment costs.
Thursday, June 30, 2016
Wrongful Death Lawyer in Cleveland Ohio Patrick Merrick to File Lawsuit Against Insurance Company, Doctor, and Hospital that Caused Wrongful Death of Victim
Cleveland wrongful death lawyer Patrick Merrick explains that in Ohio Laws that are written by the legislature in Ohio, instead of the court, says who can recover monetary compensation in wrongful death cases. In Ohio, wrongful death means a death “caused by wrongful act, neglect, or default” and allows a wrongful death lawsuit on behalf of the estate of the decedent. A wrongful death suit is a civil action – meaning that the person or company at fault for the wrongful death must pay money to the estate as compensation. Typically, the husband or wife of the decedent and children are entitled to recover (they are presumed to have suffered losses). If there is no spouse and no children, then parents and other family members may recover.
In Ohio, civil wrongful death cases, can always be settled before filing a lawsuit. If the wrongful death case cannot be settled with the insurance company or person at fault, a lawsuit must be filed and a jury will decide the amount of damages or compensation to the surviving family. A Jury in Ohio wrongful death case can consider whether family members or survivors depended on the decedent for support (loss of companionship, care, assistance, attention, protection, advice, counsel, instruction, training, and education), how much money the deceased made (lost wages and future wages), did the decedent suffer prior to death, and medical bills.
In Ohio, The probate court, has to approve the settlement of any wrongful death case. The probate court also approves the distribution of the settlement to the survivors (how much each survivor gets).
Ohio has a two year from the date of death statute of limitations in which the decedent’s family has a certain amount of time to file a wrongful death case. There are exceptions such as if the decedent was a minor at time of death, the family would have 2 years from the date that the minor would have attained the age of 18 to file the wrongful death lawsuit. A products liability case has a 10 year statute of limitations (after the original injury to the decedent involving the product).
Cleveland Ohio wrongful death Lawyer Patrick Merrick explains that if your loved one suffered wrongful death from the negligence of another (car accident, motorcycle accident, truck accident) a doctor, nurse or hospital, you have legal rights to obtain compensation for medical bills, pain and suffering, and future treatment costs. Free case evaluation 800.309.7404 | 216.223.8004 | 614.398.3828 | 440.328.8883 | 330.974.0012
http://www.ohiolawyer4you.com/cleveland-lawyer-to-file-lawsuit-for-wrongful-death-case.html
Saturday, June 25, 2016
Lawyer in Cleveland When the Cause of a Child's Cerebral Palsy is the Fault, Malpractice, or Negligence of a Doctor, Nurse, or Hospital.
Lawyer in Cleveland When the Cause of a Child's Cerebral Palsy is the Fault, Malpractice, or Negligence of a Doctor, Nurse, or Hospital.
Cleveland Ohio malpractice and birth injury lawyer explains resources for a family when their child has cerebral palsy.
United Cerebral Palsy of Greater Cleveland
UCP of Greater Cleveland 10011 Euclid Avenue
Cleveland, OH 44106
Phone: (216) 791-8363
fax: (216) 721-3372
https://www.ucpcleveland.org
United Cerebral Palsy of Greater Cleveland’s Children’s Services Programs are based on a philosophy of early intervention and holistic, family-focused care. Licensed physical, occupational and speech/language therapists, as well as social service professionals work with family members to design programs that enhance physical, mental and emotional development.
UCP Therapy Services are team-based and often involve two or more therapists working together to determine appropriate goals and developmental milestones for children (birth to 22 years) with a range of disabilities. Physical Therapy promotes strong gross motor and balance skills. Therapists work with children to increase range of motion, coordination and mobility to assist them with sitting, crawling, walking, running and other activities. Occupational Therapy focuses on improving fine motor control, sensory processing and visual motor coordination to assist with daily living skills, self care and play. Fine motor skills may refer to use of hands, wrists and arms, as well as body posture and mechanics.
Speech/Language Therapy works to improve children’s ability to communicate and to manipulate foods and liquids involved with feeding. This may include utilization of sign language, augmentative/computer devices and/or other alternative methods of communication.
Steps to Independence Intensive Therapy is a unique, intensive therapy approach that helps children with motor disorders achieve a higher level of functioning. For more information on this program, please visit the Steps to Independence page. All UCP therapists are pediatric specialists, and are certified and trained in the latest equipment, treatment techniques and modalities.
Fees may be reimbursable by insurance companies and Medicaid. UCP of Greater Cleveland has a sliding fee scale linked to income for those fees not covered by third party payer. To inquire about services for your child, please contact Children and Family Services Manager Celia Chesnick at (216) 791-8363, ext. 1260 or cchesnick@ucpcleveland.org.
Metro Hospital Cerebral Palsy Multidisciplinary Clinic
This clinic includes a Comprehensive Care Physician, RN Service Coordinator, Pediatric Neurologist, Physical Therapist, Registered Dietician and Liaisons from the Cuyahoga County Board of Developmental Disabilities. This clinic is held several times a month, always on a Friday morning. http://www.metrohealth.org/comprehensive-care/programs-and-services
University Hospital
The Pediatric Neurology Division at University Hospitals Rainbow Babies & Children’s Hospital is one of the most active service, training and research programs in the upper Midwest of the United States, and is devoted to the diagnosis and care of children with neurological problems. http://www.uhhospitals.org/rainbow/services/neurology
Cleveland Clinic Neurorehabilitation & Spasticity Clinic
Neurorehabilitation services at the Mellen Center focus on symptomatic treatments and rehabilitation interventions to improve spasticity and optimize function in adults with conditions of the central nervous system, including cerebral palsy, brain injury and spinal cord injury. http://my.clevelandclinic.org/services/rehabilitation-sports-therapy/specialty-therapy-services/neurological-rehabilitation-services
According to the Cleveland Clinic (http://my.clevelandclinic.org/childrens-hospital/health-info/diseases-conditions/hic-Cerebral-Palsy-Overview) Cerebral palsy is term for describing a group of disorders that impair a person's ability to control body movement and posture. These disorders result from injury to the motor areas of the brain. Cerebral palsy affects two to six infants out of every 1,000 births, and is the most common disability among children in the U.S. The problem causing cerebral palsy may occur while the infant is still in the womb or after birth, and the problem is not always detectable during a child's first year of life.
Cerebral palsy may affect one arm or leg, an arm and leg on the same side, only the legs, all four limbs, or any combination of arms and legs. It is the inability to control certain muscles that defines the most common cerebral palsy syndromes. children with cerebral palsy can have a variety of symptoms:
Difficulty with fine motor skills, such as writing, coloring, drawing, and using scissors
muscle movements that the child cannot control
Difficulty with balance and walking
Problems with Learning
Vision defects, such as crossed eyes
Speech difficulty
Sucking and swallowing problems
Cleveland Ohio Attorney Patrick Merrick explains that if your child is diagnosed with cerebral palsy and it is the result of the fault, negligence, or malpractice of a doctor, nurse, or hospital you have legal rights to obtain compensation for medical bills, compensation for disability, and future treatment costs. Call 800.309.7404 | 216.223.8004 | 614.398.3828 | 440.328.8883 | 330.974.0012
http://www.ohiolawyer4you.com/therapy-and-treatment-for-children-with-cerebral-palsy-in-cleveland-ohio.html
Cleveland Ohio malpractice and birth injury lawyer explains resources for a family when their child has cerebral palsy.
United Cerebral Palsy of Greater Cleveland
UCP of Greater Cleveland 10011 Euclid Avenue
Cleveland, OH 44106
Phone: (216) 791-8363
fax: (216) 721-3372
https://www.ucpcleveland.org
United Cerebral Palsy of Greater Cleveland’s Children’s Services Programs are based on a philosophy of early intervention and holistic, family-focused care. Licensed physical, occupational and speech/language therapists, as well as social service professionals work with family members to design programs that enhance physical, mental and emotional development.
UCP Therapy Services are team-based and often involve two or more therapists working together to determine appropriate goals and developmental milestones for children (birth to 22 years) with a range of disabilities. Physical Therapy promotes strong gross motor and balance skills. Therapists work with children to increase range of motion, coordination and mobility to assist them with sitting, crawling, walking, running and other activities. Occupational Therapy focuses on improving fine motor control, sensory processing and visual motor coordination to assist with daily living skills, self care and play. Fine motor skills may refer to use of hands, wrists and arms, as well as body posture and mechanics.
Speech/Language Therapy works to improve children’s ability to communicate and to manipulate foods and liquids involved with feeding. This may include utilization of sign language, augmentative/computer devices and/or other alternative methods of communication.
Steps to Independence Intensive Therapy is a unique, intensive therapy approach that helps children with motor disorders achieve a higher level of functioning. For more information on this program, please visit the Steps to Independence page. All UCP therapists are pediatric specialists, and are certified and trained in the latest equipment, treatment techniques and modalities.
Fees may be reimbursable by insurance companies and Medicaid. UCP of Greater Cleveland has a sliding fee scale linked to income for those fees not covered by third party payer. To inquire about services for your child, please contact Children and Family Services Manager Celia Chesnick at (216) 791-8363, ext. 1260 or cchesnick@ucpcleveland.org.
Metro Hospital Cerebral Palsy Multidisciplinary Clinic
This clinic includes a Comprehensive Care Physician, RN Service Coordinator, Pediatric Neurologist, Physical Therapist, Registered Dietician and Liaisons from the Cuyahoga County Board of Developmental Disabilities. This clinic is held several times a month, always on a Friday morning. http://www.metrohealth.org/comprehensive-care/programs-and-services
University Hospital
The Pediatric Neurology Division at University Hospitals Rainbow Babies & Children’s Hospital is one of the most active service, training and research programs in the upper Midwest of the United States, and is devoted to the diagnosis and care of children with neurological problems. http://www.uhhospitals.org/rainbow/services/neurology
Cleveland Clinic Neurorehabilitation & Spasticity Clinic
Neurorehabilitation services at the Mellen Center focus on symptomatic treatments and rehabilitation interventions to improve spasticity and optimize function in adults with conditions of the central nervous system, including cerebral palsy, brain injury and spinal cord injury. http://my.clevelandclinic.org/services/rehabilitation-sports-therapy/specialty-therapy-services/neurological-rehabilitation-services
According to the Cleveland Clinic (http://my.clevelandclinic.org/childrens-hospital/health-info/diseases-conditions/hic-Cerebral-Palsy-Overview) Cerebral palsy is term for describing a group of disorders that impair a person's ability to control body movement and posture. These disorders result from injury to the motor areas of the brain. Cerebral palsy affects two to six infants out of every 1,000 births, and is the most common disability among children in the U.S. The problem causing cerebral palsy may occur while the infant is still in the womb or after birth, and the problem is not always detectable during a child's first year of life.
Cerebral palsy may affect one arm or leg, an arm and leg on the same side, only the legs, all four limbs, or any combination of arms and legs. It is the inability to control certain muscles that defines the most common cerebral palsy syndromes. children with cerebral palsy can have a variety of symptoms:
Difficulty with fine motor skills, such as writing, coloring, drawing, and using scissors
muscle movements that the child cannot control
Difficulty with balance and walking
Problems with Learning
Vision defects, such as crossed eyes
Speech difficulty
Sucking and swallowing problems
Cleveland Ohio Attorney Patrick Merrick explains that if your child is diagnosed with cerebral palsy and it is the result of the fault, negligence, or malpractice of a doctor, nurse, or hospital you have legal rights to obtain compensation for medical bills, compensation for disability, and future treatment costs. Call 800.309.7404 | 216.223.8004 | 614.398.3828 | 440.328.8883 | 330.974.0012
http://www.ohiolawyer4you.com/therapy-and-treatment-for-children-with-cerebral-palsy-in-cleveland-ohio.html
Tuesday, June 21, 2016
Lawyer in Cleveland and Columbus for Workers Comp cases for injured workers that are hurt on the job and the employer doesn't want to pay.
Lawyer in Cleveland and Columbus for Workers Comp cases for injured workers that are hurt on the job and the employer doesn't want to pay.
Lawyer in Cleveland and Columbus Ohio explains work accidents that cause injured workers to file Ohio Workers Compensation cases.
Cleveland Ohio Workers Comp Attorney explains that if you suffered an injury on the job, you have legal rights to obtain compensation for medical bills, compensation for not working, compensation for disability, and future treatment costs. Free case evaluation 800.309.7404 | 216.223.8004 | 614.398.3828 | 440.328.8883 | 330.974.0012
Workers that are injured on the job are eligible for Ohio Workers Compensation benefits. Injured Workers in Ohio can receive pay if they are unable to work, have their medical bills paid, and receive compensation for their disability. In Ohio, the following accidents cause injured workers to file Workers Comp cases in Ohio.
Injuries to the back (lumbar herniated disc and lumbar sprain/strains). It can result from lifting, pulling, pushing, throwing, holding, or carrying.
Slip and Fall. This type of injury occurs when workers slip on wet or slippery floors or walks or trip over something on the floor or the ground.
Falls from Heights. Falls from scaffolding, roofs, ladders, or stairways.
Falling Objects. Objects (bricks, metal bars, tools) dropped by other workers.
Striking objects. Injuries can happen when a worker accidentally walks into objects such as walls, glass, machinery.
Car and Truck Accidents. Workers who drive for a living can be injured in vehicle accidents on the roadways.
Machine Operator injuries. This type of injury is common in factories where equipment and machinery are used and can be related to amputation injuries.
Repetitive Motion Injuries. When workers do the same movements repetitively during the course of a day they can cause “overuse” injuries such as carpel tunnel.
Lawyer in Cleveland and Columbus Ohio explains work accidents that cause injured workers to file Ohio Workers Compensation cases.
Cleveland Ohio Workers Comp Attorney explains that if you suffered an injury on the job, you have legal rights to obtain compensation for medical bills, compensation for not working, compensation for disability, and future treatment costs. Free case evaluation 800.309.7404 | 216.223.8004 | 614.398.3828 | 440.328.8883 | 330.974.0012
Workers that are injured on the job are eligible for Ohio Workers Compensation benefits. Injured Workers in Ohio can receive pay if they are unable to work, have their medical bills paid, and receive compensation for their disability. In Ohio, the following accidents cause injured workers to file Workers Comp cases in Ohio.
Injuries to the back (lumbar herniated disc and lumbar sprain/strains). It can result from lifting, pulling, pushing, throwing, holding, or carrying.
Slip and Fall. This type of injury occurs when workers slip on wet or slippery floors or walks or trip over something on the floor or the ground.
Falls from Heights. Falls from scaffolding, roofs, ladders, or stairways.
Falling Objects. Objects (bricks, metal bars, tools) dropped by other workers.
Striking objects. Injuries can happen when a worker accidentally walks into objects such as walls, glass, machinery.
Car and Truck Accidents. Workers who drive for a living can be injured in vehicle accidents on the roadways.
Machine Operator injuries. This type of injury is common in factories where equipment and machinery are used and can be related to amputation injuries.
Repetitive Motion Injuries. When workers do the same movements repetitively during the course of a day they can cause “overuse” injuries such as carpel tunnel.
Thursday, June 16, 2016
Motorcycle Accident Lawyer in Cleveland Ohio Will File Lawsuit to get Compensation for Victim and Famil
Cleveland Ohio Motorcycle Accident Lawyer explains that if you or a family member was injured or killed in a motorcycle accident in Ohio (Cleveland, Columbus, Akron, Canton, Toledo) you have legal rights to obtain compensation for medical bills, pain and suffering, and future treatment costs. Free case evaluation 800.309.7404 | 216.223.8004 | 614.398.3828 | 440.328.8883 | 330.974.0012
With different and varying road conditions to navigate, Ohio is a difficult state to ride a motorcycle in. From Toledo to Cleveland to Columbus there are country roads, freeways, and heavily populated downtown areas. The weather conditions can vary from warm, cold, rain, and snow. With many winding hills and sharp turns, many unlit two-lane country roads, there are a lot of hazards for accidents.
When a motorcyclist and/or passenger has been injured or killed in a motorcycle accident in Ohio, the accident victim and their family members are left with many consequences: medical bills, lost income (lost wages), and other costs. A motorcycle accident lawyer in Ohio can help the motorcycle accident victim recover. When the motorcycle accident causes death to the rider or passenger, an experienced motorcycle accident lawyer can help the family get fully compensated for their losses.
The most common cause of motorcycle accidents is the failure of motorists (other vehicles – cars and trucks) to detect and recognize motorcycles in traffic.
How many motorcycle riders get into accidents? In 2013 there were 4,668 motorcycle fatalities. Approximately 56 out of every 100,000 motorcycles was involved in a fatal crash, compared with only 9 out of every 100,000 cars, according to (NHTSA). In 2013, motorcyclists were about 26 times more likely than passenger car occupants to die in a crash and five times more likely to be injured.
With different and varying road conditions to navigate, Ohio is a difficult state to ride a motorcycle in. From Toledo to Cleveland to Columbus there are country roads, freeways, and heavily populated downtown areas. The weather conditions can vary from warm, cold, rain, and snow. With many winding hills and sharp turns, many unlit two-lane country roads, there are a lot of hazards for accidents.
When a motorcyclist and/or passenger has been injured or killed in a motorcycle accident in Ohio, the accident victim and their family members are left with many consequences: medical bills, lost income (lost wages), and other costs. A motorcycle accident lawyer in Ohio can help the motorcycle accident victim recover. When the motorcycle accident causes death to the rider or passenger, an experienced motorcycle accident lawyer can help the family get fully compensated for their losses.
The most common cause of motorcycle accidents is the failure of motorists (other vehicles – cars and trucks) to detect and recognize motorcycles in traffic.
How many motorcycle riders get into accidents? In 2013 there were 4,668 motorcycle fatalities. Approximately 56 out of every 100,000 motorcycles was involved in a fatal crash, compared with only 9 out of every 100,000 cars, according to (NHTSA). In 2013, motorcyclists were about 26 times more likely than passenger car occupants to die in a crash and five times more likely to be injured.
Monday, June 13, 2016
Cleveland Ohio Workers Comp Lawyer files cases for injured workers that are hurt on the job.
Cleveland Ohio Workers Compensation Lawyer explains benefits available to workers hurt on the job.
Cleveland Ohio Workers Comp Attorney explains that if you suffered an injury on the job, you have legal rights to obtain compensation for medical bills, compensation for not working, compensation for disability, and future treatment costs. Free case evaluation 800.309.7404 | 216.223.8004 | 614.398.3828 | 440.328.8883 | 330.974.0012
Temporary total (TT) - Provided to compensate an injured worker who is totally disabled from work for a short period of time due to the work related injury or occupational disease. TT is generally the initial award of compensation paid to compensate the injured worker when they cannot work because of their injuries.
Medical Bills - An injured worker is entitled to their medical and prescription bills paid by Ohio Workers Comp or their employer (if self-insured). The bills must be directly related to the work accident and injuries.
Scheduled loss (SL) - A certain amount of permanent damage (called residual damage) may remain as a result of the injury. A scheduled loss award encompasses amputations and loss of use, including vision and hearing. For example amputation of leg, amputation of hand, amputation of foot, amputation of arm.
Percentage of permanent partial award (%PP) - A certain amount of permanent damage (called residual damage) may remain as a result of the injury. %PP is commonly referred to as a C-92 award approved for residual impairment resulting from an allowed injury or occupational disease. For example, if an injured worker sustains a broken arm and can no longer extend it to the full degree, s/he would be eligible for an award based upon the residual loss. The permanent impairment may be physical or psychiatric.
Permanent total disability (PTD) - The injured worker’s inability to perform sustained remunerative employment due to the allowed condition(s) in the claim. PTD benefits compensate the injured worker for impairment of earning capacity. Compensation for PTD is payable for life. When an injured worker applies for PTD, s/he must attend an Industrial Commission of Ohio examination and hearing to determine if s/he meets the eligibility criteria.
Death claims - A dependent's right to death benefits does not begin until after the death of the worker. If the decedent settled a workers' compensation claim prior to their death, this will not stop the dependent's right to file a claim for death benefits. A death claim is filed by the dependents of an injured worker who died as a result of an industrial injury or occupational disease. Dependent death benefits will be based on the level of dependency or support each dependent had while the worker was living.
Sunday, June 12, 2016
Cleveland Malpractice Lawyer for lawsuits against Doctors and Hospitals that cause quadriplegia and paraplegia in infants
Cleveland Malpractice Lawyer explains that doctor or hospital negligence can cause quadriplegia or paraplegia in infants.
Spastic quadriplegia is a form of quadriplegia that affects both arms and legs. Children who had difficulties during birth, such as: premature delivery, hypoxia, head injury, aspiration, or fetal brain brain have a greater risk of developing spastic quadriplegia Children with spastic quadriplegia have spasticity of the arms and legs. Quadriplegia patients have paralysis in their arms and legs. Patients with Spastic quadriplegia can have parts of the body stiffer than others (for example one leg being tighter than another leg).
What signs and symptoms do children with spastic quadriplegia have?
Children with Spastic quadriplegia have abnormal development of their motor skills. Signs and Symptoms of Spastic quadriplegia are usually evident before the child reaches the age of two. Typical Signs and symptoms of Spastic quadriplegia:
a child who has stiff legs that scissor cross
a child that is unable to control his head,
a child more than a year old who is not able to crawl or stand on their own.
How does a child develop Spastic quadriplegia?
Before birth, brain damage and/or problems with normal brain development are a common cause of Spastic quadriplegic. There are four types of brain damage that can cause spastic quadriplegia (According to the National Institutes of Health).
Damage to the white matter (periventricular leukomalacia) of the brain of the fetus. Inury to the white matter hinders the brain of the fetus to communicate with the rest of the body.
abnormal development of the brain of the fetus (cerebral dysgenesis),
bleeding in the brain of the fetus (intracranial hemorrhage). Fetal strokes, blood clots, or high maternal blood pressure can cause Bleeding in the brain causing spastic quadriplegia.
Fetal brain damage due to lack of oxygen (hypoxic-ischemic encephalopathy). Lack of oxygen to the brain can also cause injury to various areas of the fetal brain. This lack of oxygen (hypoxia) can be the result of problems with placenta, rupture of the womb, umbilical cord injury, low blood pressure of the mother, or asphyxia during birth.
How to diagnose spastic quadriplegia
As early as a few months old, Spastic quadriplegia can be diagnosed. as the infant demonstrates slowed development (usually a delay in rolling, crawling, sitting, or walking. In some children, signs may not show up until the child is 36 months.
As a child’s muscle tone presents as too stiff or too flaccid, Muscle tone is sometimes used to make the diagnosis for spastic quadriplegia.
Primitive reflexes. Normally these cease when the infant is between six and twelve months of age. When the toddler shows these signs this is an indicator of spastic quadriplegia. Primitive Reflexes include: the rooting reflex, the sucking reflex, and the Moro reflex.
Spastic quadriplegia is a form of quadriplegia that affects both arms and legs. Children who had difficulties during birth, such as: premature delivery, hypoxia, head injury, aspiration, or fetal brain brain have a greater risk of developing spastic quadriplegia Children with spastic quadriplegia have spasticity of the arms and legs. Quadriplegia patients have paralysis in their arms and legs. Patients with Spastic quadriplegia can have parts of the body stiffer than others (for example one leg being tighter than another leg).
What signs and symptoms do children with spastic quadriplegia have?
Children with Spastic quadriplegia have abnormal development of their motor skills. Signs and Symptoms of Spastic quadriplegia are usually evident before the child reaches the age of two. Typical Signs and symptoms of Spastic quadriplegia:
a child who has stiff legs that scissor cross
a child that is unable to control his head,
a child more than a year old who is not able to crawl or stand on their own.
How does a child develop Spastic quadriplegia?
Before birth, brain damage and/or problems with normal brain development are a common cause of Spastic quadriplegic. There are four types of brain damage that can cause spastic quadriplegia (According to the National Institutes of Health).
Damage to the white matter (periventricular leukomalacia) of the brain of the fetus. Inury to the white matter hinders the brain of the fetus to communicate with the rest of the body.
abnormal development of the brain of the fetus (cerebral dysgenesis),
bleeding in the brain of the fetus (intracranial hemorrhage). Fetal strokes, blood clots, or high maternal blood pressure can cause Bleeding in the brain causing spastic quadriplegia.
Fetal brain damage due to lack of oxygen (hypoxic-ischemic encephalopathy). Lack of oxygen to the brain can also cause injury to various areas of the fetal brain. This lack of oxygen (hypoxia) can be the result of problems with placenta, rupture of the womb, umbilical cord injury, low blood pressure of the mother, or asphyxia during birth.
How to diagnose spastic quadriplegia
As early as a few months old, Spastic quadriplegia can be diagnosed. as the infant demonstrates slowed development (usually a delay in rolling, crawling, sitting, or walking. In some children, signs may not show up until the child is 36 months.
As a child’s muscle tone presents as too stiff or too flaccid, Muscle tone is sometimes used to make the diagnosis for spastic quadriplegia.
Primitive reflexes. Normally these cease when the infant is between six and twelve months of age. When the toddler shows these signs this is an indicator of spastic quadriplegia. Primitive Reflexes include: the rooting reflex, the sucking reflex, and the Moro reflex.
Tuesday, June 7, 2016
Lawyer in Cleveland for lawsuits against Doctors and Hospitals causing Cerebral Palsy and Brain Injuries During Birth and Delivery of Infant
Cleveland birth injury lawyer explains that Cerebral palsy is the result of damage to the brain that occurs during pregnancy, labor or birth. In many doctor malpractice cases, cerebral palsy was caused by medical tools that were used improperly during delivery of the baby.
When a doctor uses forceps and vacuum extractors during birth brain or nerve damage can result. This can have lifelong complications, including cerebral palsy. Research by the National Institute of Neurological Disorders and Stroke surmised that out of all cerebral palsy cases - approximately 10 percent were caused by a problem during delivery of the baby.
Cleveland Ohio Malpractice Lawyer explains that if your baby suffered a brain injury or cerebral from a doctor or hospital malpractice you have legal rights to obtain compensation for medical bills, pain and suffering, and future treatment costs. Free case evaluation 800.309.7404 | 216.223.8004 | 614.398.3828 | 440.328.8883 | 330.974.0012
If a doctor thinks that an infant is having problems exiting the birth canal, he may choose to use a medical tool to assist the process. If the doctor uses these tools negligently during birth, it can result in cerebral palsy. When a doctor comits malpractice during delivery of a newborn, parents of the child with the birth injury are entitled to legal and monetary compensation to assist with the cost of treatment.
The two main types of birthing tools used in delivery are:
Forceps – A metal tool similar a large set of salad tongs. The doctor or nurse uses forceps to guide an infant’s head through the birth canal. Forceps can help guide an infant’s head down the birth canal. Injuries from negligent use of forceps include:
If a doctor thinks that an infant is having problems exiting the birth canal, he may choose to use a medical tool to assist the process. If the doctor uses these tools negligently during birth, it can result in cerebral palsy. When a doctor comits malpractice during delivery of a newborn, parents of the child with the birth injury are entitled to legal and monetary compensation to assist with the cost of treatment.
The two main types of birthing tools used in delivery are:
Forceps – A metal tool similar a large set of salad tongs. The doctor or nurse uses forceps to guide an infant’s head through the birth canal. Forceps can help guide an infant’s head down the birth canal. Injuries from negligent use of forceps include:
- Brain and nerve damage
- Cerebral Palsy
- Fractures of the baby’s head
- Bruising and swelling of the head
- Tears in the genital area of the mother
- Baby develops injury causing Seizure disorder
- Bladder and urethra injuries in the mother
Vacuum extractors – A large vacuum with cup suctions on the end. The nurse or doctor places the suction device on the sides of the infant’s head and uses it to move the infant’s position in the womb. When a doctor or nurse uses this tool negligently it can cause:
- Fractures of baby’s skull
- Cerebral palsy
- Erb’s palsy
- Fetal stroke
- Retinal hemorrhages
http://www.ohiolawyer4you.com/cerebral-palsy-result-of-damage-to-brain-during-delivery-of-infant.html
Sunday, June 5, 2016
Cleveland Malpractice Lawyer explains Causes of Birth Injury and Delivery Room Mistakes
Cleveland Malpractice Lawyer explains Causes of Birth Injury and Delivery Room Mistakes
- Causes of doctor, nurse, and hospital related birth injury and delivery room mistake include:
- Failure to identify fetal distress
- Medications errors
- The use of forceps and vacuum extractors during birth
- Issues with the baby’s umbilical cord
- Doctor does not perform a cesarean section quick enough
- Misdiagnosis
A birth injury can often be a permanent affliction such as brain damage, paralysis, or cerebral palsy. A Doctor, nurse, or hospital negligence can cause a birth injury to an otherwise health infants But for the hospital, nurse, or doctor mistake, the baby should have been born healthy. A doctor, nurse, or hospital mistake or negligence causing a birth injury, can lead to the infant needing a lifetime medical care and disabilities.
Birth injuries caused by Doctor, nurse, or hospital malpractice can cause disabilities that require significant financial resources to take care of the disabled child. Parents of a baby who is a victim of an injury caused by a doctor, nurse, or hospital malpractice need to consult with a birth injury lawyer as to their right to file a birth injury lawsuit.
You should hire an experienced medical malpractice lawyer to handle your claim. It is important to understand that insurance companies are out to protect their own interest and not yours – that is why you hire a medical malpractice lawyer. Insurance companies want to pay out the least amount possible. An Ohio medical malpractice lawyer will deal with the doctor, nurse, or hospital's insurance company to make sure you receive money for your injuries, your medical bills, future medical bills, and pain and suffering.
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