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Columbus, OH Personal Injury Law Blog

Determining negligence in a personal injury case

In some cases, it is possible that an individual will be found partially responsible for his or her injuries. A few states use a contributory negligence standard while others, such as Ohio have enacted either a pure or modified comparative negligence statute. The contributory negligence standard states that an individual cannot recover damages if he or she was even 1 percent at fault.

The comparative negligence standard in a premises liability lawsuit holds that the property owner pays damages in proportion to his or her fault in the case. However, the modified system says that if the injured party is more than 50 percent at fault, the property owner is not liable for any damages. If the injured party is less than 50 percent at fault, the property owner would still pay in proportion to his or her fault. For instance, if the injured party was 40 percent at fault, he or she would collect 60 percent of an award.

Minimizing the injury risks from medical errors

Every year, a large number of Ohioans get medical treatment with the expectation that doing so will help their conditions improve. Unfortunately, doctors are human and sometimes make mistakes. Some of those errors could result in patients suffering permanent harm or even death.

According to a new study by researchers from John Hopkins University, almost 200,000 people are killed in the U.S. each year because of doctor errors. To some, these figures indicate that medical error is among the leading causes of death in the country. The researchers reviewed data from 35 million hospital admissions in the study.

Research and treatment for rare diseases

Ohio residents who are struggling with rare diseases will discover that information and treatment options could be very limited. Any individual rare disease afflicts only a small portion of the population. In the United States, clinicians define a rare disease as one that occurs in less than 200,000 people. More than 6,000 types of rare diseases have been identified. When rare diseases are combined, however, the total number of people around the country suffering from uncommon conditions reaches almost 30 million.

This undermines the commercial viability of developing pharmaceuticals. Even if researchers discover a drug that might prove therapeutic for a rare disease, a pharmaceutical company will choose not to develop it because profits cannot be made from the small market. Researchers call such a drug an orphan drug.

Paralysis reversed by brain machines

Ohio residents may be interested to know that long-term brain stimulation from certain devices may be beneficial to paraplegic individuals. Such devices may help those who suffer from paralysis to move and feel sensation in parts of the body that have been paralyzed for a number of years.

As part of a study conducted for the Walk Again Project in Brazil, paraplegic patients with spinal cord injuries trained on brain-machine interfaces for a year. These devices, which included robotic exoskeletons and virtual reality systems, helped the patients control the movement of their legs and feel sensations.

Tips for keeping track of cancer medication

When a Ohio resident is diagnosed with cancer, it can be difficult for both the patient and family members to keep track of medication. Depending on the stage and type of cancer a person can be diagnosed with, treatment can potentially include multiple different types of medications that have different instructions. There are some tips that may help make medication management less stressful for everyone involved.

Both patients and family members should make time to understand how each new medication works. They should pay special attention to the medication side effects and what to do if a dose is accidentally missed. Doing some research into each medication can also prevent potential medication errors that could be caused by a doctor or pharmacy mistake. Further, the label should be double checked to make sure that the instructions match the instructions that were given by the doctor.

Ohio freeway crash leaves 1 dead

A 63-year-old woman is dead following a vehicle wreck on US-20 in Fulton County. The accident took place on Aug. 4 shortly after 9 a.m.

The fatal car accident happened when a 22-year-old woman driving eastbound on the freeway in a 2002 Pontiac Grand AM suddenly swerved into the eastbound lane and off the road. As she attempted to steer back onto the roadway, she collided with a westbound 2011 Ford Fusion, killing a 63-year-old female passenger from Northwood.

Brain injuries and liability for damages in Ohio

According to a report from S&P Global Ratings, insurance claims for sports-related brain injuries are on the rise in the U.S. and U.K. As the number of claims increase, it is possible that insurance companies will create or continue to use exclusion clauses to limit their overall liability. The report states that previous experience with asbestos cases has taught insurers how to limit costs related to such claims.

A class action lawsuit involving former NFL players has put an increased focus on brain injuries and their long-term impact. The league agreed to a settlement totaling almost $1 billion with 20,000 retired players in April 2015. It covers players who retired before July 2014 who suffer from a variety of issues such as CTE, which is a brain disease that may get progressively worse as a person ages.

Police rule out alcohol in fatal Ohio crash investigation

The Ohio State Highway Patrol say that alcohol consumption does not appear to have contributed to a head-on collision in Portage County on the afternoon of Aug. 1 that claimed the life of a 39-year-old man and left a 64-year-old woman critically injured. The accident took place on U.S. Route 224 in the vicinity of Porter Road at approximately 1:08 p.m.

According to police, the accident occurred when a sedan that had been proceeding westbound on U.S. Route 224, which is also known as Akron Canfield Road, crossed the center line and entered the eastbound lane. The sedan then struck an eastbound SUV head-on near mile marker 14 in Atwater Township. Initial reports indicate that both drivers were unrestrained at the time of the collision.

Mesothelioma cases and the BAP1 protein

Ohio patients may benefit from a diagnostic tool used to identify cases of mesothelioma with a higher level of accuracy. It is expected to lessen the amount of time it takes to make an accurate mesothelioma diagnosis. A researcher from the University of Hawaii Cancer Center led a team of mesothelioma specialists who discovered the role of the protein BAP1 in identifying mesothelioma caused by lung cancer. Those who lack BAP1 are more likely to develop the malignant form of the condition.

More than half of the pleural mesothelioma cells tested in the study showed a lack of BAP1 protein. This finding could help address a rise in misdiagnosis of mesothelioma cases. It is estimated that 10 percent of all mesothelioma cases in the United States are misdiagnosed. Misdiagnosis leads to a lack of proper treatment, which can be fatal when it comes to treating a time-sensitive condition such as mesothelioma.

Alzheimer's disease misdiagnoses

Although there is no cure for Alzheimer's, it is important that the condition is correctly diagnosed as soon as possible. This is because there are drugs that can be given to boost memory and delay the onset of symptoms. When diagnosed in a timely manner, it may be possible to enter patients into clinical trials. Furthermore, Ohio residents who are aware ahead of time that they have the condition can plan accordingly both financially and from an estate planning perspective.

However, quality of life for many patients is diminished because Alzheimer's is frequently misdiagnosed. This means that people who have the condition cannot make the most of their lives before symptoms set in, and those who are misdiagnosed with the condition may suffer unnecessary stress. One of the reasons why it is misdiagnosed so often is because there is no foolproof test for Alzheimer's.

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