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Cleveland Ohio Legal Blog

How truckers can recognize and treat sleep apnea

Sleep apnea is a condition that affects 35% of all commercial truckers in Ohio and across the U.S. They are, in fact, 11 times more likely to suffer from it than the general population. Of the all the sleep apnea variations, obstructive sleep apnea is the most prevalent among truckers. With OSA, the mouth palate and throat muscles relax and collapse during sleep, blocking the airway for 5 to 10 seconds at a time and thus breaking up the individual's sleep.

This lack of continual, restful sleep will impact a trucker's behavior behind the wheel. High levels of drowsiness can make one inattentive to the surroundings and heighten the risk for an accident. Truckers who know they have OSA can receive treatment. That's why it's important to recognize its symptoms.

Medical malpractice takes a toll on the public

Ohio residents likely appreciate tools that the medical community has created to fight disease. Still, medical errors committed by doctors and hospital staff affect the American population.

Medical errors are not new; over two decades ago, a landmark government report showed the substantial toll medical errors have had in the United States. This report led to hearings and public attention.

Three most misdiagnosed conditions also lead most to serious harm

Misdiagnoses are linked to some 40,000 to 80,000 deaths every year in U.S. hospitals, and they may even contribute to between 80,000 and 160,000 serious cases of physical harm every year. Ohio residents should know that the three most frequently misdiagnosed conditions are cancer, vascular events and infections. Researchers from Johns Hopkins found that these three, the "big three," are also linked to many cases of death or disability.

Researchers came to this conclusion after analyzing more than 11,000 medical malpractice cases. Their findings have been published in the journal Diagnosis. It turns out that over one third of medical errors that led to death or disability had something to do with cancer. Errors relating to vascular events made up 22% of the cases, and errors relating to infection 13.5%.

High risk for personal injury at Ohio intersections

Whether you've lived in Ohio your entire life or have recently moved here from another state, you no doubt understand how stressful driving in this state can be. As in all other states, numerous external issues can have significant impact on your safety when you're behind the wheel. Inclement weather, which often occurs here, especially in winter or poor road conditions can increase the risk of personal injury.

Do you enjoy going to concerts at one or more of the state's major venues? While it can be a lot of fun to enter a large crowd and listen to your favorite bands play, such events also increase traffic and, therefore, increase the likelihood that another driver might hit your vehicle. Intersections are always dangerous places but are especially so if there is a lot of traffic present when you approach a crossroad.

Women's health condition often misdiagnosed

Many women in Ohio have long reported facing a difficult time receiving a proper diagnosis or treatment for medical conditions, especially when they involve health issues specific to women or the female reproductive system. However, a growing amount of attention has been paid to certain conditions in recent years, including endometriosis, fibroids and polycystic ovarian syndrome. These conditions can interfere with fertility, but they can also cause serious and debilitating pain or other uncomfortable symptoms for the women affected. However, women continue to struggle both with doctors who fail to take their pain seriously and with misdiagnosis of other common gynecological conditions.

Adenomyosis is reported to affect as many as 10% of all women, but it is widely misdiagnosed, some doctors say. They note that there is no clear standardized diagnosis for the disorder, which occurs when the tissue of the uterine lining grows instead in the muscle of the uterus. This is somewhat similar to endometriosis, when the uterine lining grows outside the uterus rather than inside. While adenomyosis is not linked to a higher risk of cancer, a delayed or incorrect diagnosis can cause other problems for affected women. The disorder can cause severe, debilitating pain. However, without a correct diagnosis, women often do not receive effective treatment.

5 tips for safe winter driving

According to the Ohio State Patrol, in 2019, winter weather in Ohio caused more than 15,600 crashes with 27 deaths. As the state settles into the long, cold season, drivers must navigate dangerous roads covered in ice and snow.

If you've lived in Ohio long, you understand the danger of winter driving. But as each season comes and goes, other drivers you meet can drive poorly, putting you at risk of serious injury. Here are a few tips to stay safer while driving in the winter:

Understanding the health risks of asbestos exposure

Asbestos was once one of the most widely used building materials, but after WWII ended, the picture changed. Scientists and doctors began exploring the link between asbestos and severe illnesses such as mesothelioma, lung cancer, and asbestosis. This research showed that asbestos was the major cause of such illnesses. For mesothelioma, it was just about the only cause. The proliferation of lawsuits, especially class action suits, in the late 1960s and 1970s threatened asbestos manufacturers and industries that used asbestos in their products with financial ruin. Asbestos has been largely eliminated as a building material, but it still exists in the environment in buildings constructed before 1950, and the asbestos that was used for heat insulation and fire-proofing in those buildings is still released into the environment. For this reason, the nature of asbestos and its attendant health risks can still necessitate the need to avoid exposure and seek prompt and competent medical care for any asbestos-related illness they may have contracted.

Asbestos is a collection of six minerals that occur naturally in the environment. The mineral is usually found in bundles of fibers. If the bundles are separated, a common occurrence when asbestos sheets are cut or otherwise modified on a construction project, the individual fibers are released into the atmosphere. Once released, the fibers may remain airborne for a significant period of time.

Summa Health agrees to settle malpractice claim for $10 million

Mental illness is not ordinarily considered a life-threatening condition, but a woman who entered an Akron hospital for treatment of anxiety and depression never left the hospital. Six days after entering the hospital, the woman was dead. The cause of death was not immediately clear, and the woman's husband filed a medical malpractice claim to learn the cause of her death and to recover damages.

The woman's ordeal began when went to an out-patient group therapy conducted at Summa Health System's St. Thomas Hospital. She became nauseous during the therapy session and was admitted to the hospital. However, a fire had damaged the psychiatric ward at St. Thomas, and the woman was moved to Akron City Hospital, also operated by Summa Health Systems.

Sleep apnea is a safety issue among truck drivers

Even if you don't suffer from sleep apnea, you know what it's like not to get a good night's sleep. Some mornings, you need that extra cup of coffee or energy drink just to keep yourself going. You may find yourself yawning far more than you would like as you drive to work, and by the end of the day, you just want to get home so you can rest.

Imagine if your job was to sit behind the wheel of an approximately 80,000-pound vehicle all day long. First, how boring would that be? Second, if you are already tired because you suffer from sleep apnea or just didn't get good sleep, how dangerous would you be to other motorists?

The duties a landlord owes to a tenant in Ohio

The legal relationship between a landlord and a tenant in Ohio can be very complex. It is controlled by the lease, if the parties have executed one, by state statutes, occasionally by federal law and by the common law on issues where none of the other factors has any legal effect.

In analyzing the legal rules that prevail in any landlord tenant relationship, the first place to look is the lease. A lease is any agreement that is written or oral and constitutes a legally enforceable contract for the rental of a given piece of real property. The lease will describe the premises that are being rented, the term of the lease, and the parties' duties toward each other. Even if the parties have not executed a valid written lease, the common law and certain statutes in Ohio define certain obligations owed by the landlord to the tenant.

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