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Akron Personal Injury Law Blog

Patient says doctor failed to diagnose cancer; Ohio State settles suit

Early diagnosis is crucial to effectively treating cancer and many other potentially fatal illnesses. While most doctors are conscientious professionals whose primary concern is the health and well-being of their patients, doctors are not immune to mistakes. A doctor's failure to order a test or simply misreading a scan could be detrimental to a patient's health, especially if the doctor fails to diagnose a serious illness like cancer.

That was the claim in a lawsuit recently settled in Ohio. In 2004, a Westerville woman went to the Ohio State University Medical Center for a CAT scan. According to the lawsuit, the images from the scan showed a cancerous growth in her pelvis, but the radiologist at OSU failed to detect the cancer.

Head-on collision sends KSU students to hospital; alcohol believed to be a factor

Decades ago, before organizations like Mothers Against Drunk Driving fought to educate the public and get stricter drunk driving laws passed, the annual number of DUI accident deaths was much higher than it is today. In fact, according to data from the National Highway Traffic Safety Administration, the yearly number of fatal DUI accidents in the U.S. has been reduced by half since 1980, when MADD was founded.

Education and enforcement are the keys to continuing the reduction in DUI accidents, which still injure far too many people in Ohio each year. That means each new generation of young people, along with their adult counterparts, must be made aware of how drunk driving can devastate lives.

We're reminded of these important issues after a recent head-on collision on the campus of Kent State University.

Criminal charges follow fatal motorcycle crash in Ohio

When someone else's negligence or recklessness causes a person's death, the immediate family members of the deceased have the right to sue for economic and emotional damages caused by the loss of their loved one. Generally, in Ohio wrongful death claims, one family member is selected as the plaintiff to represent the other family members.

Because wrongful death claims are civil legal actions, a wrongdoer does not necessarily have to be convicted in criminal court for a grieving family to file a wrongful death lawsuit. However, in some cases, a criminal conviction -- and the evidence that led to it -- may bolster a claim of wrongful death.

Whether mild or severe, TBI requires prompt medical treatment and monitoring

The effects of traumatic brain injury can be wide-ranging, from subtle changes in personality to permanent physical impairments. In fact, the Centers for Disease Control and Prevention (CDC) estimates that TBI is a contributing factor in about 30 percent of all injury-related deaths.

While most brain injuries are mild, we now know that subsequent minor concussions can have long-term effects on the brain, and it is essential that people who suffer these injuries receive proper medical care and monitoring as soon as possible.

Medical Malpractice Excess Recovery Through EMTALA Claim

The Emergency Medical Treatment and Active Labor act, or EMTALA has been on the books since 1986. The initial intent of the legislation was to ensure nondiscriminatory patient access to emergency care and to prevent the practice of dumping, or discharging of uninsured patients. EMTALA claims often go hand in hand with traditional medical negligence claims because they can often occur at the same time. However, due to the fact that EMTALA claims are Federal in nature, they are not subject to state damage caps. Therefore, if a patient suffers injury as a direct result of an EMTALA claim they may receive compensation in excess of the medical malpractice claim.

Injuries from medical negligence a serious risk in Ohio

Injurious medical errors happen more than you might expect, and the consequences can be devastating. In fact, the Office of the Inspector General has estimated that the federal government spends more than $4 billion annually to address medical errors in treatment covered by Medicare. It has also been estimated that hospitals report less than 1 percent of adverse medical events, which are defined as harmful events caused by medical care.

A report from a local news station highlights the risks patients may face when they go in for medical treatment. One woman, who has a lawsuit currently pending in Mahoning County, went to a hospital for a routine hysterectomy procedure. When she woke up after the surgery, she was in excruciating pain.

Distracted driving accidents are utterly preventable

Missouri law bans texting while driving -- but only for novice drivers (those under age 21). This relatively lax ban is put in perspective when we consider most of Missouri's neighboring states. Nebraska, Kansas, Arkansas, Tennessee, Kentucky, Illinois and Iowa all ban texting while driving for all drivers, regardless of age.

While distracted driving can take many forms -- for example, eating, grooming, talking to passengers, changing CDs -- texting while behind the wheel is particularly alarming because it requires the driver's attention on multiple levels: manual, visual and cognitive. You need all of these faculties to operate a motor vehicle safely.

Common causes of serious truck accidents

Whether we like it or not (and most of us don't like it), we are asked to share roads and highways with large trucks. At best, these giant vehicles make it difficult to see other cars on the road and difficult to maneuver through traffic. At worst, semi-trucks can cause or contribute to serious and fatal accidents.

Because semi-trucks often weigh 20 to 30 times more than standard passenger vehicles, one does not need to be a physicist to understand that the truck is going to inflict more damage than it absorbs. Truck accidents are often fatal for occupants of smaller vehicles, even when the truck drivers can walk away without a scratch.

I am very grateful Attorney Chester and his staff made my life easier. I'm not afraid to call them and get answers to all the questions that I've had, and no worries. Thank You.

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