Tittle & Perlmuter - July 2023

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THE GUARDIAN

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JULY 2023

‘HE WASN'T BREATHING’ Medical Malpractice Affects Everyone

Suppose I asked you what you thought the top three leading causes of death in the United States were. In that case, you'd probably say cancer and heart disease for the first two. But, after that, you guess diabetes, stroke, respiratory disease, or even Alzheimer's. The truth is, medical malpractice is the third leading cause of death in the United States. Most people are shocked to learn this fact, and there's a reason you're probably so surprised. When medical malpractice occurs, hospital systems typically try their best to hide it behind what's called a “Quality Assurance” or “Peer- Review” privilege. This means that without a malpractice lawsuit bringing the negligence to light, no one will ever know malpractice occurred in the first place. The fact that hospital systems are allowed to do this is shocking, especially because of the life-altering ways medical malpractice can affect victims. If a plane crashes, there's media coverage for weeks, a public investigation, a root- cause analysis, and an action plan to eliminate whatever error occurred from ever happening again. This is why there are so few plane crashes today compared to 40 years ago. However, in the medical world, hospital systems hide their root-cause analysis of malpractice cases from the public. In fact, these records are hidden even in our litigation cases against these systems, and we must conduct our own root-cause analysis to figure out what went wrong. This is why medical malpractice cases are notoriously difficult to litigate and win, and why so few lawyers are willing to take on these cases in the first place.

We are not one of them.

At Tittle & Perlmuter, we welcome these challenges and take on the cases other firms are afraid of. We pride ourselves in defending the folks who have the deck stacked against them, because we've been there too — literally. When my wife gave birth to our first child, my son, she was in labor for 20 hours. If you haven't been in a delivery room before, there are a bunch of monitors making all sorts of sounds and showing readings for the baby inside the womb. One of those readings is the baby's heart rhythm because, during labor, you must monitor a baby for something called “decelerations” in their heart rate, which could be a sign that the fetus is struggling. Essentially, a deceleration is when the baby's heart noticeably slows below its normal levels. When they occur during labor, often times, it's a sign that there's a medical emergency and doctors must perform a C-section immediately. So towards the end of those 20 hours, I was watching decelerations in my son's heart rate across the screen. When I brought it up to the medical staff, at first, they did nothing. After pleading with the medical team, eventually, I was able to force them to perform a C-section. Predictably, when my son was born, he wasn't breathing. When a baby is born, doctors will give them what's called an “APGAR Score,” which evaluates the overall health of newborns after birth, and how well they handled the birthing process. They assign each baby a score of 0-2 in five categories: color, heart rate, reflexes, muscle tone, and respiration. Then, they add up their scores in each category to

Allen, son, and uncle on a recent fishing trip.

create one overall rating, from 1-10. A “normal” APGAR score for a healthy baby is 7-10.

My son's APGAR score was 0.

Doctors had to force oxygen into his lungs via a resuscitator. Eventually, they were able to bring him back to life and sent him straight to the NICU. If they had waited even a few more minutes before starting the C-section or his oxygen, he would have been catastrophically brain-injured. This is why, unlike other firms, we'll always take on the more challenging medical malpractice cases: because I've been in your shoes. I know what it's like to hope and pray someone does the right thing, only to be disappointed and feel crushing fear and desperation. Luckily, I was able to force action with no time to spare. But, many people aren’t so lucky. So if you're looking for a legal team that knows what it's like to be in your

shoes, and will always be in your corner no matter what, call us at 216-208-5072 .

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THE CLEVELAND GUARDIANS July 2023 Schedule

At Tittle & Perlmuter, we love to do things together. This month, we had a firm outing to a Cleveland Guardians game!

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July 8 at 4:10 p.m. versus the Royals (Home) July 9 at 1:40 p.m. versus the Royals (Home) July 14 at 8:05 p.m. versus the Rangers (Away) July 14 at 4:05 p.m. versus the Rangers (Away) July 16 at 2:35 p.m. versus the Rangers (Away) July 17 at 7:05 p.m. versus the Pirates (Away) July 18 at 7:05 p.m. versus the Pirates (Away) July 19 at 12:35 p.m. versus the Pirates (Away) July 21 at 7:10 p.m. versus the Phillies (Home) July 22 at 7:10 p.m. versus the Phillies (Home) July 23 at 1:40 p.m. versus the Phillies (Home) July 24 at 7:10 p.m. versus the Royals (Home) July 25 at 7:10 p.m. versus the Royals (Home) July 26 at 1:10 p.m. versus the Royals (Home) July 27 at 8:10 p.m. versus the White Sox (Away) July 28 at 7:10 p.m. versus the White Sox (Away) July 29 at 7:10 p.m. versus the White Sox (Away) July 30 at 2:10 p.m. versus the White Sox (Away) July 31 at 8:10 p.m. versus the Astros (Away)

The event was special because we brought our families and friends to watch the game with us too. We enjoyed refreshments while spending time together and cheering on Ohio's favorite MLB team while decked out in Guardians gear!

If you're a Cleveland Guardians fan like us, you'll probably catch a game or two yourself this season. So, to help you out, here is the Guardian's schedule for this month!

• • • • • • •

July 1 at 7:15 p.m. versus the Chicago Cubs (Away) July 2 at 2:20 p.m. versus the Chicago Cubs (Away) July 3 at 7:10 p.m. versus the Braves (Home) July 4 at 7:10 p.m. versus the Braves (Home) July 5 at 7:10 p.m. versus the Braves (Home) July 6 at 7:10 p.m. versus the Royals (Home) July 7 at 7:10 p.m. versus the Royals (Home)

To see the rest of the season's schedule, you can visit MLB.com/Guardians/ Schedule . We hope to see you there!

Our knees, wrists, elbows, shoulders, and hips are integral parts of our bodies — all joints connecting our bones. After years of pressure plus wear and tear on our joints, they risk wearing down and developing conditions such as osteoarthritis, a common degenerative joint disease seen in older adults. However, aging isn’t the only thing that can adversely affect our joints. Sometimes, overuse of a particular joint can cause pain, discomfort, and eventually limited mobility. HEALTHY JOINTS MATTER Safeguard Your Movement for Years to Come

your joints, mainly your knees, ankles, and hips, increasing your risk of joint damage and complications.

GET MOVING. Staying active and building strong muscles and bones provides the stability and support your joints need to thrive. Dynamic stretching and low- impact exercises strengthen your joints and keep them in optimal shape. Remember, the more you move, the easier it becomes. PRACTICE SAFETY FIRST. When performing activities that may place more demand on your joints, rely on padding and protection. For example, wear knee and wrist pads if you go roller skating or ice skating! If your wrist is sore or injured, a brace will protect it and provide the support it needs to heal. Even if you’re gardening outside and kneeling often, be sure to kneel on a soft pad or area to safeguard your knees. Protection is always key! Maintaining a safe and active lifestyle is the key to keeping your joints healthy for years to come. Take care of your joints now so they can care for you — no matter your age!

Here are four tips to incorporate into your daily routine to keep your joints healthy, lubricated, and mobile.

SIT UP STRAIGHT. Did you know your posture plays a significant role in the health of your joints, even your knees? Standing and sitting up straight helps reduce unnecessary pressure on any part of your body and protects your back, hips, knees, shoulders, and neck. It also helps to prevent injury to the surrounding muscles. MAINTAIN A HEALTHY WEIGHT. If you allow your body to become overweight, you inevitably slow down and move less. The extra weight also places more strain and pressure on

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TAKE A BREAK

DIVE INTO SUMMER SAFETY! Essential Pool Tips to Protect Your Family It's likely that at some point this summer, you and your family will find yourself making a splash in one of Cleveland's many beautiful pools. And while swimming is a great way to cool off and enjoy time with your family, it can also be dangerous. In 2022 alone, Ohio saw 58 drownings, with more than half being children under 5 years old. So if you and your family plan to dip in a pool this summer — public or private — here are a few essential things we recommend you do to stay safe.

BARBECUE CONCERT

INDEPENDENCE LARKSPUR

SHADE STARGAZING TRAVEL VACATION

FISHING FOURTH

PARK POOL

GRILLED STEAK SALAD WITH PEACHES

NEVER LEAVE A CHILD UNATTENDED. Children can drown in just 20 seconds, so you must never leave a child alone in a pool. If you have to use the bathroom, grab a snack, or even run to get a towel, have your child step out of the pool and wait for you to return. Or, if you trust another adult nearby, you can ask them to watch your children until you return. TEACH CHILDREN TO STAY AWAY FROM DRAINS. A pool uses its drains to suck water and debris into it to stay clean. If a child swims too close, the drain can suck their hair, clothing, jewelry, or even limbs inside, trapping them at the bottom of the pool. This is especially important for younger children who may not be strong enough to break from the suction's pull. The best practice is to teach your kids never to swim near drains. HAVE POOL RULES. Most public pools have rules posted for everyone to see, and they usually include things like no diving, running, or jumping. But it's also essential that your family has a set of their own pool rules, so your child understands that no matter where they are, there are certain things they must do to stay safe. Some great family pool rules are:

This summer salad is both hearty and healthy!

Inspired by Delish.com

INGREDIENTS:

• • • • • •

1 lb skirt steak, fat trimmed 1/4 cup balsamic vinegar

• • • • • •

Black pepper

1/4 cup extra-virgin olive oil

1 clove garlic, minced

1 large lemon, juiced 6 cups baby arugula

1 tbsp light brown sugar

1 tbsp vegetable oil

2 ripe peaches, thinly sliced 1/3 cup crumbled blue cheese or feta

Kosher salt

1. In a large resealable plastic bag or baking dish, combine steak, vinegar, garlic, and brown sugar. Marinate 20 minutes at room temperature. 2. Remove steak from marinade, coat with vegetable oil, and season generously with salt and pepper. 3. On a grill or pan set to high heat, cook steak until desired doneness. Rest 5–10 minutes, then thinly slice against the grain. 4. In a small bowl, whisk olive oil and lemon juice to make dressing. Season with salt and pepper. 5. In a large serving bowl, add arugula, peaches, blue cheese or feta, and steak. Drizzle with dressing and gently toss. DIRECTIONS:

• •

No swimming without an adult. Always swim with a buddy.

• No pushing, shoving, or roughhousing in or around a pool. • Wait at least 30 minutes after eating before swimming.

Finally, as a parent or guardian, learning CPR is a good idea before taking your family near any body of water this summer because when drownings occur, bystanders are often the first to provide life-saving aid before help arrives. You can find many free or low-cost courses by searching “CPR Courses Near Me” online!

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INSIDE

1. The Hidden Epidemic

2. The Cleveland Guardians July 2023 Schedule

Take Care of Your Joints

3. Pool Safety 101

Grilled Steak Salad With Peaches

4. What Your Summer Garage Sale Can Teach

HELP KIDS LEARN WHILE THEY EARN The Life Lessons of a Family Garage Sale

sale a family project can teach kids about organization, money management, and the pride of a hard day’s work. The lessons start immediately as your family determines what they no longer need. Younger children, in particular, often struggle to part with their possessions. A garage sale is an opportunity to discuss what they use, what they don’t, and why we can’t keep every object we own forever. This process will teach kids organization as they create their “keep,” “sell,” and “toss” piles. On the big day, your children can also play a significant role in organizing and displaying your merchandise. Kids can help determine which items should share a table and what should be front and center to catch buyers’ eyes.

you must determine what the items you’re selling are worth. While letting your kids set prices is probably unwise, you can help them understand market value and what people will pay for used merchandise. Your children can take a more active role in the sale itself. Depending on their ages, they can gain valuable experience making change for customers or negotiating a deal on the items for sale. The best part of using your garage sale as a learning opportunity is that your children can personally experience the value of hard work. They’ll watch their old possessions disappear and the cash trickle in. More than anything, they’ll probably love adding up the day’s takings. Whether or not you give your kids a cut of the earnings is up to you. But even if they don’t end up with fatter pockets, your children will walk away from the family garage sale with lessons that will last longer than any extra cash could.

A summer garage sale is a tried and tested way to earn a little cash while eliminating things you no longer need. But it’s also the perfect opportunity for parents to teach their children a few life lessons. Making your garage

Math and money management also play a pivotal role in any successful garage sale. First,

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