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THE GUARDIAN
216-208-5072 TITTLELAWFIRM.COM
NOVEMBER 2023
POLICIES AND PATIENT SAFETY RULES MATTER Our $6.19 Million Landmark Verdict That Demands Accountability
and finally his own home, where he is confined to a chair most of the day. He’s had multiple subsequent falls since the initial fall at Firelands, and his wife has had to quit her job to care for him full-time. This single event has created an ongoing medical condition that has changed not only Michael’s life but his family’s, too. My priority with this case was overcoming the fact that Michael had suffered an unwitnessed fall and had no memory of what happened. My strategy was to use common sense. We evaluated the seven new medications Michael was prescribed, and when we found that all seven increased his risk of falling, there was very little room for doubt about what caused it. So the next question was, “If the hospital staff knew these risks, why were they not mitigated?” What we found was highly disturbing. We found that the Firelands Hospital had consciously decided not to enforce any of its procedures. In fact, none of the policies they have are mandatory for staff to follow, even now. This means that “the right thing to do” for a patient isn’t required
for health care providers there. The only hospital system in the Sandusky area is taking care of its patients without any mandated hospital protocols, and it’s completely unsafe. The jury found Firelands Hospital responsible for Johnson’s life-altering brain injury, affecting both him and his wife, Melissa. They awarded our client $6.19 million — the largest judgment in that judge’s history and the second-largest medical malpractice award in Erie County. We’re honored Michael chose us to fight for him, and we’re elated that he and his wife will at least have the funds to pay for his past and ongoing treatments as his recovery journey continues. This case was incredibly important to us as, in some ways, its impact reached far beyond Michael and Melissa. Our findings exposed a dangerous health care system that was — and is — putting the entire Sandusky community at risk. The verdict in this case sent a clear message to Firelands Hospital from their own community that policies matter, patient safety rules matter, and everyone deserves the highest standard of medical care and to feel safe at a hospital when receiving treatment. So, if you or someone you love ever believe they may be a victim of medical malpractice, we’d be honored to represent you, too. You can always reach us by calling 216-208-5072 . We’ll listen to your story and fight for the justice you deserve.
About four and a half years ago, a man named Michael Johnson was referred to me by another lawyer. After hearing Michael’s story, I immediately took his case. Michael was a patient at Firelands Hospital and was receiving treatment there for atrial fibrillation, or an irregular heart rhythm. As part of his treatment, he was prescribed seven new medications at once. Each of these seven new prescriptions can cause side effects that increase the risk of falling. Yet despite the newly increased risk due to his medications, the hospital staff still failed to follow mandated precautions to prevent Michael from falling and permitted him to be out of bed by himself. After failing to follow hospital protocol, Michael was permitted to use the bathroom by himself. When doing so, sadly, Michael fell and hit his head due to his newly prescribed medications, resulting in a traumatic brain injury and brain bleed. Michael was life-flighted to a Toledo hospital, where he underwent brain surgery before being placed on a ventilator for two months. After that, he was sent to a long-term acute care facility, then a nursing home,
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YOUR GUIDE TO SAFEGUARDING SENIOR RELATIVES How to Spot Nursing Home Abuse
When the time comes for someone to decide to place their elderly relatives in a nursing home, we expect they’ll be safe and receive the attention and care they deserve. However, the unfortunate reality is that not all nursing homes or care facilities meet the expectations 100% of the time, and nursing home abuse or neglect can occur.
This is why recognizing the most common signs of nursing home abuse can be so crucial and ultimately protect the well-being of loved ones. So, since November is National Long-Term Care Awareness Month, we wanted to give families the necessary tools to spot the signs of nursing home abuse so they can take the proper action to end it. COMMON SIGNS OF NURSING HOME ABUSE TO LOOK OUT FOR Unexplained Injuries: One of the most obvious signs that someone is suffering from nursing home abuse is the appearance of new bruises, cuts, welts, scars, sprains, or broken bones that either the individual or staff cannot explain. While accidents can happen, repeated unexplainable injuries should be a cause for concern. Changes in Behavior: Look for shifts in your loved one’s behavior that are not typical for them. Some examples include if they suddenly become withdrawn, agitated, anxious, or depressed.
of neglect, as these sores only appear after prolonged periods of lying in one position.
Poor Hygiene: Neglected personal hygiene is a very clear sign of negligence, as individuals in nursing homes should receive assistance (or at least monitoring) when it comes to bathing, grooming, and changing clothes. Medication Mismanagement: If a loved one says they’re not receiving medication on time, in the right amount, or at all, this is a serious sign of neglect, and it can lead to severe health problems.
If you notice any of these signs, immediately report your concerns and seek legal counsel.
Finally, at Tittle & Perlmuter, we understand that placing your loved one in a nursing home is a critical decision. That’s why we made our “Ohio Nursing Home Guide” to assist you. This guide provides valuable information to help you place your loved one in the safest environment possible. You can download it for FREE by visiting TittleLawFirm.com/Ohio-Nursing-Home-Guide .
Bed Sores: The formation of bed sores, or pressure ulcers, is a very strong indicator
NAVIGATE YOUR PURCHASE: EXPERT TIPS FOR FIRST-TIME CAR BUYERS
For many, their first taste of freedom is purchasing their first car. It’s an exciting
test drive the vehicle, for both safety reasons and another opinion. Research and weigh your options. The industry is vast! After you’ve established how much you are able to spend, you can begin to do your homework and find a car with the features that fit your needs. Pro Tip: Some questions to ask yourself are what will your vehicle be used for, how much commuting will you be doing, what are some necessary features, and how much space do you need? Don’t skip the test drives. A test drive is essential, especially when purchasing your first vehicle. During this check for roadworthiness, you will see that each car
drives differently. It’s important to get a feel for how each one handles and rides. Pro Tip: If you are purchasing a used car, don’t forget to check CARFAX for the vehicle’s crash history, mileage, service history, and exterior and interior condition. Don’t forget insurance and registration. As soon as you purchase a vehicle, you will need to insure and register it with your nearest department of motor vehicles! Pro Tip: Don’t forget this cost when considering your budget! These fees add up. With these tips, purchasing your new car will be fun and exciting! Most importantly, don’t forget to buckle up and practice safe driving as soon as you exit the car lot!
milestone and a huge financial decision. To help make the process easier and ensure you know what to expect, here’s a guide for parents and teens when purchasing their first vehicle. Establish a budget. What can you afford? Today, the price of a new set of reliable and safe wheels is high. Even the cheapest new vehicle on the market is upwards of $15,000. Determine if a new or used car fits your price range and whether or not financing is a smart option. Pro Tip: Check out vehicle listings on Facebook, Craigslist, and OfferUp — sometimes, you can land a great deal. Just be sure to do your research and bring a friend along when you
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TAKE A BREAK
THANKSGIVING AND BEYOND The Life-Changing Benefits of Gratitude This month, many families gather and enjoy a delicious feast, all while giving thanks. Gratitude in itself is a simple but powerful emotion, and it’s more than just saying “thank you.” It’s about acknowledging and appreciating the things in our lives that we do have instead of worrying about the things we don’t. And the thing is that taking time to be grateful isn’t just a nice thing to do. Research shows that people who actively practice gratitude experience increased happiness, improved physical health, and better relationships. Not only that, but they also enjoy fewer feelings of anxiety, stress, and depression. So, you may ask, “What can I do to practice gratitude and receive those benefits?” Of course, taking time to feel thankful this Thanksgiving is a good place to start, but if you want to continue the practice beyond Nov. 23, here are a few things you can try. Keep a gratitude journal. Each day, write down at least three things that you feel thankful for. These can be as simple as a warm cookie or as significant as receiving a cancer-free diagnosis. The point is that taking a moment to reflect on the blessings in your life helps you focus on the positives instead of the negatives. Write thank-you cards or letters. Take time to identify someone in your life that you appreciate, no matter the reason, and write them a message. Let them know exactly how much and why you appreciate them and how what they’ve done has helped you. Doing so will allow you to enjoy the health benefits of gratitude we mentioned above and profoundly impact someone else. Tell someone in person. Being vulnerable is hard, which makes the act of looking someone in the eye and saying “thank you” that much more profound. Try to take the time to verbally acknowledge the kindness people show you, whether they’re your family, friends, or coworkers. Just a few words can brighten someone’s day.
BALLOT CORNUCOPIA CRANBERRY DISTRICTS
MAIZE PILGRIM POLITICS RAKING
SHOPPING STUFFING THANKSGIVING VETERAN
STUFFED PEPPER SOUP
Inspired by TasteOfHome.com
Stuffed bell peppers are a common meal in many households. And as temperatures begin to drop, there’s no better way to warm up than by turning this classic recipe into a hearty — and healthy — soup!
INGREDIENTS
• • • •
2 lbs ground beef
• • • • •
2 tsp salt
6 cups water
2 tsp beef bouillon granules
1 28-oz can tomato sauce
1 tsp black pepper
1 28-oz can diced tomatoes, undrained 2 cups chopped green peppers 1/4 cup packed brown sugar
2 cups cooked long-grain rice
Chopped fresh parsley (optional)
• •
Take a mindful moment of gratitude. If writing in a journal isn’t your thing, try to set aside a few moments each day to sit with your eyes closed and think about some things you’re thankful for in the present moment. Again, these can be as simple as a cup of coffee or as significant as your family.
1. In a Dutch oven over medium heat, cook beef until no longer pink, breaking it into crumbles; drain. Add beef back to the pot and stir in all ingredients except the cooked rice. Bring to a boil. 2. Reduce heat. Simmer uncovered until peppers are tender, about 30 minutes. 3. Add cooked rice and simmer, uncovered, for about 10 minutes. If desired, sprinkle with chopped fresh parsley. DIRECTIONS
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INSIDE
1. Our Landmark $6.19 Million Win in Medical Malpractice Case 2. The Signs of Nursing Home Abuse Expert Tips for First-Time Car Buyers 3. Beyond Turkey Day: How to Cultivate Gratitude All Year- Round Stuffed Pepper Soup 4. Unmasking Nursing Home Wage Violations
BEHIND CLOSED DOORS: The Unpaid Wage Problem in Nursing Homes
There seems to be an unfortunate problem that many employers have, and we see this problem most often in health care providers. In this case, the problem occurred in a popular nursing home chain in Ohio. The problem we’re talking about here is an unpaid wage issue concerning employee lunch breaks. These employers automatically deduct a lunch break from their employees on every shift. Now, this may seem pretty standard on the surface, but the reality is that many employees at these nursing homes don’t actually take their full lunch breaks, so employers are deducting those breaks without regard to whether or not the employees got the time off. As many of you likely know, either from experience or from stories, many nursing homes are severely understaffed. This means that the employees who work at these nursing homes
really have no choice in whether or not they get their full lunch break every day. Often, they eat while working or are forced to choose between providing patient care or feeding themselves. However, these nursing homes are required by law to provide their employees a “bona fide reasonable method” of canceling that automatic deduction of their lunch break in the event that they weren’t able to take it. In this case, we found that this chain of nursing homes wasn’t offering their employees any method of canceling the deduction, and even though many employees never took lunch breaks, that time was still being taken from their pay. Unfortunately, this is a common wage violation, and companies like this nursing home chain often implement these policies simply to say they legally have them but don’t actually make them accessible.
These types of cases are the ones where an experienced attorney is necessary to help navigate their legal complexities. At Tittle & Perlmuter, we’re not afraid to take on these employers and challenge their unfair practices and procedures, especially when it puts the members of our elderly community at risk, along with those who care for them.
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