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Ohio Personal Injury Blog

Ohio Supreme Court overturns dismissal of CTE case

Most lawsuits seeking damages for a personal injury in Ohio must be commenced within two years of the date of the injury. However, certain kinds of injuries are not immediately detectable, and the courts generally allow a plaintiff extra time to commence a lawsuit. The Ohio Supreme Court recently became the first court in the country to decide that chronic traumatic encephalopathy, known as "CTE," is not subject to the two year limitation that applies to most personal injury claims.

The court was considering whether a claim for a CTE injury brought by a former football player several years after completion of his player's career was barred by Ohio's two-year statute of limitation. The player played for Notre Dame from 1974 to 1978 and died in 2015 at the age of 60. He was diagnosed with CTE in 2012. The complaint alleged that CTE was a latent disease and could not have been discovered within the two-year claim period.

Never assume a head trauma is no big deal

You could get a bump on the head doing just about anything, and it could result in a small lump or a bruise that goes away on its own, or serious, life-threatening brain damage. Falls and motor vehicle accidents are the leading causes of traumatic brain injury, according to the Centers for Disease Control and Prevention.

A head trauma becomes a TBI when the damage interrupts normal brain function. However, you may not notice symptoms right away. Here is what may happen in the days and weeks following a head trauma.

Pickup driver blows through stop sign, kills four people

Any community recoils when a traffic accident kills several people, especially when children are involved. Ashtabula is still reeling from a two-vehicle accident on October 19 that killed an entire family.

The victims were traveling on West 58th Street in a Toyota Corolla. A pickup truck driven by a man with a history of drunken driving violations failed to obey a stop sign on a street that intersects with 58th Street. The pickup truck hit the Corolla, and all four occupants of the Corolla were pronounced dead at the scene. The four victims included the driver, his wife, their infant son and another man. The driver of the pickup escaped with minor injuries.

Jury awards Ohio family $44.5 million for medical negligence

The effects of negligence by a physician or other health care provide can have devastating impacts. Those impacts can be especially devastating when the patient is a young child. An Ohio jury recently awarded $44.5 million to a thirteen-year-old boy and his family for failing to diagnose or treat an ear infection.

The boy complained of an ear infection in 2014. The parents claimed that the infection was not properly diagnosed or treated and that it spread to the boy's brain. The family argued that the laboratory failed to evaluate laboratory samples and return the results of their tests in a timely fashion. The requests for the tests specified "STAT" status, which means that the tests were to be completed and results returned to the treating physician within two hours. The test results were not sent to the doctors for six days. The infection eventually caused swelling in the brain, which led to extensive paralysis.

Many Americans experience diagnosis mistakes

The diagnoses patients receive have very big impacts on what treatment and care they get. Sadly, here in the U.S., it is not that uncommon for a diagnosis to be wrong.

The Society to Improve Diagnosis in Medicine estimates that, each year, 12 million outpatients are affected by diagnostic mistakes. According to the society, no cause is more common in patient-reported medical errors than delayed or wrong diagnoses.

Is my loved one suffering from nursing home neglect?

When you chose to place your loved one in a nursing home, you did so with the expectation that they would have a better quality of life. You anticipated they would have people taking care of them day in and day out and ensuring for their physical and emotional well-being.

While many long-term care facilities deliver on these expectations, unfortunately nursing home neglect can happen. In many cases, the neglect or abuse of nursing home residents occurs when facilities fail to hire qualified or an adequate number of staff members.

3 steps to take after a commercial truck accident

Being involved in an accident with a semi truck is a terrifying and jarring experience. In fact, accidents that involve large trucks are more likely to result in catastrophic injuries or death. According to recent data, truck crashes killed 3,986 people in 2016 — the majority of which were occupants of passenger vehicles. 

For truck accident victims, it is critical to understand what you should and should not do after an accident. The choices you make can affect whether you are able to hold the correct parties liable for your injuries and receive sufficient compensation. In the immediate wake of an accident, it is important to call the police, take pictures and exchange information with all other drivers and eye witnesses. Once you leave the accident scene, you should do the following: 

Who is responsible for automated truck accidents?

The future is here. Testing automated semi-trucks on highways happens across the United States, and it now will start in Ohio. The I-90 corridor will be a test road for self-driving vehicles. The industry continues to push the envelope on how goods are transported. 

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