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Lorain Law Firm Serving The Entire Greater Cleveland and Sandusky Area

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Auto, Truck & Motorcycle Accidents

Claim aganst ambulance driver allowed despite emergency status
Mar 22, 2010

The Court of Appeals for Summit County found that an action against a village's ambulance team could proceed to trial. In the case of Zivich v. Village of Northfield, an 81 year old woman was killed when her car was struck by an ambulance that had gone through a red light while transporting a patient to the hospital. The Village of Northfield, who employed the driver and his medic partner, claimed that no suit could be maintained because Northfield was immune for this incident. The Village claimed that the driver had activated the siren and lights and exercised proper care on the highway before the collision.

As a political subdivision, the Northfield was covered by a statute that states that political subdivisions are immune when their employees are engaged in a governmental function which includes providing medical, ambulance, and rescue services. However, the court noted that this statute is not absolute. A village like Northfiled can be liable in certain situations where the employee responding in an emergency acts wantonly and has not complied with the statute that requires emergency personnel to slow down as necessary for the safety of other traffic. This statute states that those driving an emergency vehicle must proceed cautiously past red lights or through stop signs and must show due regard for the safety of all persons using the streets.

In this case, there was evidence that the emergency vehicle may have been traveling 30 to 35 mph as it entered the intersection. Witnesses also stated that there were many wide, tall pine trees that obstructed vision for drivers on both streets and that the trees also obstructed the sound of the siren from vehicles approaching the intersection from a 90 degree angle.

The trial court refused to throw the case out of court when the defendant filed a motion for summary judgment. The court ruled that the case could proceed to trial because there were material facts in dispute as to the ambulance speed, the obstructing trees, and the color of the light. The court of appeals agreed with the trial court and found that a jury might conclude that the ambulance driver's conduct was actually wanton or willful misconduct.
Most Traffic Fatalities Occur on Rural Roads
Oct 07, 2009
In 2008, 56% of the country's 37,261 traffic deaths occurred on rural roads even though there are more crashes in urban areas. Traffic deaths decreased last year in both urban and rural settings. High gasoline prices kept more people at home and reduced the number of accidents.

The reasons for more rural traffic deaths seems to be threefold. People drive faster on rural roads. The roads themselves are not as well-engineered, and medical response time is much slower outside of cities.

Some states are taking action to make their country roads safer. These improvements include the addition of rumble strips on both the shoulders and centerline of some roads. Montana has even engineered "over crosses" and "undercrosses" for deer, elk and bear on one highway. Many states continue to campaign for seat belt usage, particularly in rural areas.
Second Lorain County Resident Dies in Motorcycle Crash This Weekend
Jun 22, 2009
Another Lorain County resident was killed on Sunday when his motorcycle was involved in a collision with another vehicle at State Route 58 and Walnut Drive in Amherst on Sunday, June 21, 2009. This is an occurrence that happens far too frequently. Without any sheet metal to protect them, motorcyclists are all too vulnerable when involved in a crash. All drivers need to be vigilant and be on the lookout for motorcyclists, bicyclists, and pedestrians.

Dangerous and Defective Products

Girls' Electrocution in Cornfield Is Basis of Lawsuit Against Monsanto
Aug 08, 2011
Tragedy struck a western Illinois cornfield when two 14 year old girls were electrocuted. The first girl stepped into a puddle and then screamed as electrical current went through her body. The girl's friend tried to help her, but she too came into contact with the current and was electrocuted. The girls were working in the field to remove tassles from the corn.

Officials are investigating whether irrigation system equipment was defective and sent an electrical current through the water. A lawsuit claims that the equipment was defective and that defendant, Monsanto, was aware of problems with it. A spokesman for Monsanto denies that claim and states that Monsanto has the highest priority for the safety of its employees and contractors.

Medical Malpractice

Ben Barrett Sr. Is Panelist at Cleveland State Law School
Jul 29, 2011

Benjamin Barrett Sr. returned to his alma mater, Cleveland State University John Marshall College of Law, this week to serve on a panel that discussed alternate dispute resolution in medical malpractice cases. Mediation is a meeting during which a neutral mediator attempts to get the parties to voluntarily agree to settle the lawsuit. The mediator oversees an open discussion with the parties about the strengths and weaknesses of each side's position and then is involved in the negotiation process.

Ben was joined on the panel by former Cuyahoga County judge and current private mediator, Peggy Foley Jones, and Stark County and private mediator, Jeff Wilkof. The three gave CSU law students an overview regarding mediation and arbitration as methods to resolve medical malpractice claims.

Ben's segment dealt with an attorney's preparation for mediation, including the office conference with the client prior to mediation, drafting of a mediation statement for the mediator and opposing counsel, and tactics in mediation. The panel also answered many questions posed by the students.

Although the vast majority of Ben's legal practice involves the representation of clients in medical malpractice and nursing home abuse claims, Ben does agree to serve as a private mediator for other parties approximately ten times a year. When serving as a mediator, Ben has been very successful in bringing the parties together for a voluntary settlement of the claims.

　
Damage Caps in Medical Malpractice Laws Challenged
Sep 29, 2009
Maryland and Georgia, like many states, have enacted laws that restrict a person's right to recover non-economic losses in medical malpractice claims. Supreme court judges in these two states will decide whether limits on non-economic damages will be struck down. In Georgia, the court will decide whether the $350,000 cap violates the state constitution. In Maryland, the court will decide whether the caps will only apply in cases resolved through arbitration.

In Ohio, medical malpractice claims are subject to caps of $250,000 or three times the plaintiff's economic damages subject to a maximum of $350,000. The cap is increased to $500,000 for injuries involving substantial physical deformity, loss of use of a limb, or loss of a bodily injury system. The Ohio limits are found at Ohio Revised Code Section 2323.43.
Hospitals Still Not Reporting Serious Errors
Aug 12, 2009
NATIONWIDE REPORTING SYSTEM OF SERIOUS MEDICAL ERRORS STILL NOT IN PLACE

In November of 1999, 22 leading medical experts wrote a report called "To Err Is Human" and called upon the medical world to develop a nationwide reporting system of serious medical errors. These experts agreed that procedures could be put in place at hospitals to minimize the chance for serious medical errors. They also agreed that it was advisable for the public to know about unsafe conditions at their hospitals.

Ten years later, these recommendations have largely been ignored. The American Medical Association and the American Hospital Association vigorously opposed an attempt by President Bill Clinto to require hospitals to make public serious errors that occurred in their institutions. These two groups launched a mult-million dollar campaign against this proposal.

Instead, nothing much has changed. It is estimated that death from preventable medical injuries and infections is close to 200,000 a year.

To find out more about deadly mistakes in our hospitals, click here.
Study Finds That Doctors Do Not Always Report Significant Test Findings
Jun 23, 2009
Many of us believe that if a medical test is abnormal that the doctor will notify us promptly once the results reach our doctor's office. Unfortunately, that is not always the case.

A recent study led by Dr. Lawrence Casalino of Weill Cornell Medical College found that abnormal lab or x-ray results were not always communicated to the patient. Approximately seven percent of the abnormal results were not. Practices that used electronic medical records were more likely to report adverse results than those that only had paper documents. Medical practices that used a combination of paper and computer records were the least likely to report significant abnormal results.

The study underscores how important it is for a primary care physician to have a definite protocol for this situation. The protocol should make sure that the results are directed to the responsible doctor, the doctor notes that he or she has reviewed the result, and the office staff documents that the results have been communicated to the patient. As a patient, if you do not hear back from the doctor about test results, do not assume that the test results were negative. If you have not heard within a week,
always call the office and find out for yourself.

Nursing Home Neglect

Day Care Center Sued Over Toddler's Death
Jul 19, 2011
A family is suing a day care center over the death of their 22 month old child. The boy was apparently left in a van while temperatures outside soared to over 90 degrees. The center had been open for just around a year. The workers did not have a system to log the children in and out of the van.

The day care center is closed pending investigation by state authorities.

Both day care centers and nursing homes are places where workers must always exercise great diligence. Both types of facilities care for individuals who cannot look out for their own safety.

For family members who rely on these institutions, great care must be exercised in selecting the right one for a loved one. It is important for family members to make unexpected visits to see the type of care being given to a loved one.
Mandatory Arbitration Provisions Are Coming Under Attack
Oct 12, 2009
Many nursing homes require residents to submit all disputes to arbitration. When the resident seeks admission to the facility, the nursing home has the individual sign a paper in which the would-be resident must give up the right to file a lawsuit and is required to submit any claim to an arbitration proceeding. The same is also true of many credit card companies. Because the credit card companies pay and hire the arbitrators, decisions have overwhelmingly favored the credit card and finance companies. One arbitration company, The National Arbitration Form, was found to have ruled in favor of the debt-collection agencies that hired it in 94% of the arbitration decisions. As a result, state officials in Minnesota accused it of deceptive business practices and serving as a pawn for the business interests.

These abuses have led Congress to consider The Arbitration Fairness Act of 2009, laws that would prohibit companies from forcing prospetive customers to waive their legal rights and agree to arbitration. This bill is under consideration and there is heavy pressure to get it passed this year.

Arbitration works best in commercial settings where both parties voluntarily agree to arbitration and both concur on the choice of the arbitrator. This is not the case in credit card applications or nursing home admissions documents where the individual has no choice but to agree to mandatory arbitration or not enter into the contract and be admitted into the facility.