Blog – Neinstein Personal Injury Lawyers
How to prevent dog bites
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Dogs can be great companions for families and people of all ages, but canines can also be harmful and dangerous.
In Canada, one to two human deaths a year are related to dog attacks, according to the Canadian Veterinary Medical Association. Between 1964 to 2010, there were 47 documented fatalities from dog bites, according to the National Canine Research Council. Along with that, there were 13,000 emergency room visits in Ontario between 2011 to 2012 due to a canine attack, according to the Canadian Institute for Health Information (CIHI).
Children have the highest risk of being attacked with children younger than 12 accounting for 85.7 per cent of 28 attacks. Also, attacks were more likely to happen when a child was left alone with a dog with this being the case in 22 incidents.
A dog bite’s severity ranges based on the animal’s size, but it can cause damage to a person’s bones, muscles and nerves. Dog owners are responsible if their pet attacks another person or another dog.
But there are ways parents can prevent their children from becoming a victim.
If you’re looking to become a dog owner, research dog breeds to ensure they’re family-friendly. The National Companion Animal Coalition provides a checklist to help future dog owners be aware about what they should consider when picking a family friend. A parent should always be in close supervision when children are playing with dogs. Also, dogs should be trained to prevent potential issues. Also, spaying or neutering your canine will decrease their aggressive behaviour, according to the Canadian Federation of Humane Societies.
Also, you’ll likely see dog walkers around your neighbourhood and here are some rules you can teach your children on how to approach these pets.
- If you see a dog, always ask the owner for permission to pet them. Don’t assume the dog will be friendly and it may bite you as a reaction to being scared.
- Do not pull on a dog’s ears or tail. This could agitate them and they could react by biting you.
- Treat dogs kindly and do not start a fight. Think about how you want to be treated and chances are if you’re stealing a dog’s food or toys, they won’t react well to you.
- Do not approach a stray dog. There’s always a risk the dog could have rabies and you’re better off being safe rather than sorry. If a stray dog approaches you, your first instinct might be to move, but it’s not the reaction since the dog may chase you. Stand still, don’t make any noise and let the dog sniff you.
Sometimes accidents happen and Neinstein Personal Injury Lawyers are here for you if they do. The personal injury and accident lawyers have been handling all types of injuries for over 45 years including injuries caused by dog attacks. We understand the impacts injuries can have on you and we can help fight your case. Call us at 416-920-4242. Set up a free consultation and come chat with us.
Adverse reactions to drugs can be fatal
(Photo credit: Brandon Giesbrecht/Flickr)
Every person’s body reacts to a drug differently. While one drug may be a great help to one person, it could cause a severe reaction in another person’s body. Adverse reactions may result in not as serious symptoms, such as dizziness, or in more extreme cases, reactions could lead to death.
A Canadian study analyzing the rates of adverse events in Canadian hospitals discovered that issues with medicine accounted for 45 per cent (162 out of 360) of all adverse events in 2000.
A recent Canadian Paediatric Adverse Events study found that in looking at a distribution of adverse events among children, drug-related issues accounted for 13.5 per cent of overall events. Children between the age of one to five had more incidents of drug-related adverse events compared to other age groups, especially in academic paediatric centres. While in large community hospitals, children between the age of five to 18 experienced more of this type of adverse events.
Last December, Canada introduced new drug legislation to curb deadly issues caused by drug prescriptions. But there are currently multiple lawsuits underway related to fatal reactions to drugs.
A Canadian family recently launched a lawsuit against Boehringer Ingelheim, the pharmaceutical company that produced Pradaxa, a blood thinner which is used for patients with an irregular heart rhythm (atrial fibrillation). The family’s grandmother passed away after she suffered from excessive bleeding from her mouth, intestines and brain, which has no antidote for the condition, according to CTV News. The family’s case is among one of four other lawsuits and the drug is related to 281 deaths. To find out more information about any medication you’ve been prescribed , you can visit Health Canada’s Adverse Drug Reaction database.
A Toronto Star investigation found that within the last ten years, there are about 600 cases, and possibly more, children who have suffered from fatal side effects that could have been caused by ADHD medication. Their investigation discovered deadly side effects, including suicidal thoughts, amnesia, cerebral hemorrhage and a life-threatening skin disorder.
While the U.S. federal court has recently ordered Takeda Pharmaceutical, a Japanese pharmaceutical company that produced Actos diabetes medicine, to pay $9 billion in punitive damages in a groundbreaking trial that found the company hid the drug’s cancer risk. This ruling comes after a former Actos user was awarded $1.5 million in compensation after he sued the company for its drug’s role in his bladder cancer.
Medical malpractice can also include errors during surgery and misdiagnosis.
If you’ve been injured by negligence by a doctor or healthcare worker, you can be compensated. The personal injury and accident lawyers at Neinstein Personal Injury Lawyers have been handling all types of injuries for over 40 years including injuries from medical malpractice. We understand the impacts injuries can have on your life and we know how to help you. Call us at 416-920-4242. Set up a free consultation and come talk with us.
New seniors driving renewal process in effect
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In April, Ontario launched new testing to evaluate whether seniors over the age of 80 should be able to continue holding onto their license.
The renewal program includes: a vision test, a driver record review, a modified in-class group education session and two in-class screening exercises which will evaluate a senior’s cognitive abilities. For seniors in their 80’s, it costs them $32 to renew their license and they must renew their license every two years.
Ontario is the only province which includes an education portion in the renewal process and in 2012, there were 117,237 attendees.
But these change have led to an outcry from seniors. The Canadian Association of Retired Persons told the Globe and Mail that this change in tests is age discrimination and it doesn’t properly test a senior’s cognitive abilities.
Seniors over the age of 65 drove the least kilometres, but they were involved in 17 per cent of deadly traffic crashes in 2009, says Statistics Canada. A part from young male drivers, seniors had the highest accident rate per kilometres compared to other demographics. Also, they were more likely to die in a collision.
In 2009, 3.25 million seniors, which is 75 per cent of Canada’s senior population, had a driver’s license. Vehicles can be a great asset in helping seniors travel from one place to another, but there are certain aspects to consider to ensure that they’re operating a vehicle safely. Vision, cognitive awareness, hearing and mobility are all necessary to safely spotting pedestrians or reacting to an unexpected situation.
In Ontario, doctors must report a senior they think is unable to continue driving, but many seniors may not want to give up driving, especially since many of them live in areas where cars are the main source of transportation. Since there is a correlation between a senior’s primary transportation and their participation in social activities, says Statistics Canada, giving up a car can mean a lot more to a senior than reaching a different destination.
If you know a loved one who may have diminishing cognitive abilities, whether it’s an illness such as dementia, worsening vision or issues moving their hands, it may be time to suggest them to give up their license. There are other public transportation options, such as disabled vehicle buses, to assist with transportation or maybe even moving into a long-term care facility may help. It’s important to truthfully evaluate their driving abilities since it affects their safety and the safety of others.
While there is technology being developed to assist with safer driving, it remains the driver’s responsibility to operate a vehicle safely.
Motor vehicle accidents happen and accident benefits are available to anyone involved in a motor vehicle accident regardless of who caused the accident. The personal injury and accident lawyers at Neinstein Personal Injury Lawyers have been dealing with all accident related issues throughout Ontario for over 45 years. We know how to get you the compensation that you deserve and get your life back in order after being in a car accident. Call us at 416-920-4242, set up a free consultation, and come speak with us.
How long do you have to file a personal injury claim in Ontario?
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You’ve been injured from a car accident and you’re focused on healing. Months go by before you decide that you’re going to file a lawsuit against the driver, but there’s a question you’re wondering about: Is it too late to file?
Every province has their own statute of limitations, which means there’s a set timeframe a defendant can pursue legal proceedings for a claim.
For most personal injury law cases, there’s a basic two-year limitation period starting between when the claimant learns the details of the claim, which includes when the injury has occurred, when the plaintiff discovered the cause behind the injury or when they realized proceedings would be needed to remedy the situation, but there are exceptions.
One such case was brought to light in a recent ruling by the Superior Court of Justice. A woman filed a lawsuit after slipping and falling on a sidewalk, but her case was thrown out because the City of Toronto, along with some other Ontario communities, require the plaintiff to declare their lawsuit intent within ten days of the incident. She filed her notice of her claim four months after the incident and she had no reasonable excuse for her delay, which led the judge to side with the City of Toronto. But the judge noted that the quick turnaround time for a letter of intent was unfair, according to the Toronto Star.
Another case is when an Ontario woman filed a medical malpractice lawsuit against her physicians. Her claim states that the doctors were negligent in diagnosing malignant breast cancer that was discovered in 2007. While it went into remission for two years after treatment, it returned in 2009 and she was then diagnosed with terminal breast cancer. She began pursuing the claim in late 2009 and the defendants argued that the claim should not continue since two years statute of limitations had passed since the woman discovered her condition in 2007. But the judge ruled that the plaintiff had in fact discovered the extent of the damage or injury in 2009, which allowed the claim to proceed.
If you are consider filing a lawsuit in the future after an incident, it’s important to write the date of when the incident occurred and discuss the situation with a personal injury lawyer sooner rather than later. A personal injury lawyer may need time to investigate the incident, such as a medical negligence claim, to ensure that there’s been a mistake made by a health professional. Also, it’s important to have a notice of claim sent out if you’re suing the city.
Neinstein Personal Injury Lawyers are here to help you get the compensation you need if you or a loved one have been injured in a motor vehicle accident or a botched medical procedure. Call us at 416-920-4242 to set up a free consultation. Come chat with us!
Deadly Brampton fire claims life of a 10-year-old
(Photo credit: Steven Depolo/Flickr)
Fire is used in our stoves to help us cook food or we use it to barbeque in the summer and while it’s critical to our everyday lives, it’s also dangerous when it escalates into a destructive inferno.
Investigators continue to gather information and insight into the deadly Brampton inferno that claimed the life of the ten-year-old boy who was sleeping over at a friend’s house, destroyed 18 town houses and left about 100 residents homeless on June 14. Those who knew him are mourning the loss of the grade four student.
Fire investigators were able to pinpoint the start of the fire, which was in the kitchen of the two-storey home the ten-year-old boy was staying in. From there, flames quickly spread in both directions. But one question on some resident’s minds is why the fire spread to all 18 townhouses.
About 200 to 300 people were evacuated from the area during the blaze, which includes neighbours of the destroyed residents, but they were soon allowed to return.
Those who were forced to evacuate are being cared for by the Canadian Red Cross and Salvation Army at the Gibson Recreation Centre. Peel Housing is also setting up those who have been affected with short- and long-term places to stay. Meanwhile, for anyone looking to donate or help, the city set up the Nicholas Gabriel/Ardglen Trust Fund in honour of the young boy’s death.
Stay safe by having the proper devices in place to alert you of fire, which includes checking your smoke alarm’s batteries and checking whether you can hear it from every room in the house. If you live with a disabled person or a senior, you need to plan multiple escape routes with them that they can navigate independently. Also, having a fire extinguisher handy and easy to reach can help residents stop the issue before it spreads.
The winter fire at the L’Isle Verte seniors’ home in Quebec that took the lives of 32 seniors illustrated the shortcomings in fire safety with no automatic sprinklers at la Résidence du Havre. But for residents whose houses were destroyed, they may be wondering who can they seek compensation from in this situation. Neinstein’s Erik Joffe has covered this topic in a Law Times article that illustrates past legal cases in regards to fires.
The personal injury and accident lawyers at Neinstein Personal Injury Lawyers have been handling all types of injuries for over 40 years. We understand the impacts wrongful death can have on your life and we know how to help you. Call us at 416-920-4242. Set up a free consultation and come talk with us.
Michael Schumacher wakes up from coma
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Recent news from Michael Schumacher’s family that the champion F1 racer has awoken from his coma has been met with great jubilation.
Doctors put Schumacher into an induced coma to help him recover from a serious head/brain injury he suffered during a family ski vacation in the French Alps last December. At the end of January, doctors took the step of slowly waking him up. Schumacher has been reportedly able to breathe independently, but he has a long recovery ahead of him, which could take months or even years.
The champion F1 racer was transferred to a Switzerland rehabilitation clinic near his home from the Grenoble university hospital in France. During the transfer, Schumacher was unable to speak, but he was able to communicate by nodding to doctors and ambulance staff and he also managed to keep his eyes open for a long period of time, according to the Telegraph. Schumacher has also responded to his wife’s voice, according to the Independent.
While brain injury survivors can improve their well-being overtime, it tends to be a long rehabilitation journey and even then, they may not make a full recovery, which was the case with Olympian downhill skier Dave Irwin. It took Irwin years to relearn the English language and be able to converse with others, but he still has a hard time holding multiple conversations at once and he still suffers from short-term memory loss.
Schumacher’s past experience of focused training and determination as an athlete will aid him with his recovery, a neurotrauma surgeon told CTV News, the extent of the damage he suffered still remains to be seen. But it’s unlikely he’ll make a full recovery with only one in ten patients regaining their past mental and physical abilities after waking up from a coma, say doctors quoted by the Independent.
Sports leagues are now realizing the danger of concussions, which has led to outcries for regulation changes and lawsuits from former players who suffered concussions while playing and their families have watched their lives and personalities change permanently since then.
Brain injuries are an ever-changing field with researchers currently looking to understand in more detail about how our brains are affected. A recent study conducted by hospital researchers in Toronto found that 45 per cent of homeless males who participated had suffered from a traumatic brain injury.
Sometimes brain injuries aren’t outright diagnosed and it’s important to understand how to handle someone who’s been affected. It’s a trying time for everyone involved, from the people recovering and their loved ones, and it’s why organizations such as the Brain Injury Society of Toronto (BIST) and the Ontario Brain Injury Association (OBIA) work towards educating others.
June is Brain Injury Awareness month and the BIST has launched the Areyouaware.ca campaign to inform Canadians about the challenges faced by brain injury survivors and their loved ones.
If you have suffered a brain or spinal injury, your life might have significantly changed. Neinstein Personal Injury Lawyers are here for you and have been handling all types of injuries for over 40 years. We understand the impacts they can have on you and we can help fight your case. Call us at 416-920-4242. Set up a free consultation and come chat with us.
Mix & Mingle raises a generous $150,000 at this year’s event
(L-R: Greg and Jeff Neinstein, Neinstein Personal Injury Lawyers)
Congratulations to Greg Neinstein for his contribution to the BIST & OBIA Mix & Mingle. The 10th annual Mix & Mingle took place last Wednesday June 11th and gathered approximately 650 guests at the Steam Whistle in honour of Acquired Brain Injury Survivors.
As chair of the event for the last five years, Greg led fundraising efforts that raised $150,000 at this year’s event and over $500,000 since becoming chair.
Funds from the Mix and Mingle go towards supporting OBIA’s regular programs and services such as the OBIA Brain Basics Training, the Peer Support Program and providing educational resources.
BIST produces the Comprehensive ABI Handbook – identified by members as a resource that would have helped them navigate the post injury world of brain injury. This publication is available to hospitals, rehab and other service providers. It was developed with the input of professionals and people who have been through it.
In addition, BIST has developed Areyouaware.ca, a site dedicated solely to the awareness of ABI and its devastating effects, as well as ways to find support. Brain injuries can happen to everyone and every year, more than 11,000 Canadians die from an issue related to brain injuries. The Areyouaware.ca campaign was featured on Daytime Toronto On June 4th by Ruth Fernandes and Michelle McDonald.
Usage-based insurance options coming to Ontario drivers
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If you’re a good driver, you’re probably wondered why you’re stuck paying high insurance rates thanks to where you reside, there’s a chance your car insurance rates could come down with usage-based insurance (UBI).
UBI uses telematics, electronic technology that is installed into your vehicle to help insurance companies track your driving habits, including data such as your braking habits, acceleration and speed. All this data is used to assess a driver’s risk, which influences their insurance rates. UBI is currently used in Europe and the United States, but it’s slowly being introduced in Canada.
Desjardins General Insurance Group was the first insurance company to receive approval for a UBI program in Ontario last May and since then the company has attracted 45,000 new customers, a spokesperson told the Toronto Star. The company also operates a UBI program in Quebec.
Co-operators recently announced its UBI program called en-route Auto Program, which offers drivers a five per cent discount on their auto insurance to sign up. Upon sign up, drivers can receive up to a 25 per cent discount to their premium based on their driving habits. With Co-operator’s program, the device will be installed and once the vehicle has been driven with the installed device for 125 days and 1,000 kilometres, the discount will be recalculated. Drivers who choose to sign up with the program will not see their premiums increase.
Meanwhile, Intact Financial is expected to launch its own UBI program in April and the Canadian Automobile Association expects received approval to launch its program sometime this year, according to the Toronto Star.
UBI programs are expected to lower auto insurance rates by an average of 12 per cent, as well as help curb auto insurance fraud. But insurance companies first need to be approved by the Financial Services Commission of Ontario.
Canadians are interested in UBI with 56 per cent saying they have a strong interest in a UBI policy, according to a poll by Towers Watson. Drivers are even more receptive to the idea if they’re guaranteed that their premiums will not rise.
In Ontario, drivers pay the highest auto insurance rates across the nation, which at times can be five times the cost of other provinces. By August of this year, the province hopes to reduce rates by eight per cent and they will aim to reduce them further.
In the unfortunate scenario where you need to collect vehicle accident benefits due to an injury, the personal injury and accident lawyers at Neinstein Personal Injury Lawyers can help. They have been dealing with all accident related issues throughout Ontario for over 45 years. We know how to get you the compensation that you deserve and get your life back in order after being in a car accident. Call us at 416-920-4242, set up a free consultation, and come speak with us.
Hospitals can be the central location of an outbreak
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You visit a hospital when you have a serious illness or ailment that you’re not sure how to handle. It’s the mindset of many people, if you think you have a health emergency, you visit a hospital.
While hospitals are a place for you to recover, unfortunately, it’s also a place that’s filled with sick people. With more sick people in one location, this means if someone is carrying a virus, then you may just be at the wrong place at the wrong time.
In British Columbia, two hospitals, St. Paul’s Hospital in Vancouver and Victoria General Hospital, announced a Norwalk virus outbreak in early January. The virus can be spread through food, water or ice handled by someone with the virus, which can lead to vomiting episodes. If there’s frequent vomiting, the virus can spread through the air and the virus remains resilient while living on surfaces. About seven people were affected, in this particular outbreak, according to Global News. This is only one of a few Canadian hospital outbreaks that have happened in 2014.
In February, there was a scabies outbreak at the Oakville-Trafalgar Memorial Hospital. It left more than 30 staff members with an irritating, itchy skin rash and 40 discharged patients were at risk of being infected, according to the Toronto Star. Hospital staff who were not infected underwent preventative measures and past patients were contacted the hospital and notified of symptoms.
While in March, the Waterloo region Grand River Hospital faced a gastrointestinal illness outbreak that infected five people (two staff members and three patients), according to CBC News. Symptoms felt by those infected include nausea and diarrhea. The hospital’s response included isolating infected patients, sending infected staff home and limiting hospital visitors to curb the outbreak.
A recent study published in the New England Journal of Medicine found that a new strain of the coronavirus was easily transmitted in hospitals across the Middle East. The respiratory illness has led to death of about 66 per cent of those infected, according to Bloomberg News, and healthcare institutions need to focus on preventing outbreaks, such as this one. The MERS coronavirus spread is similar to the SARS outbreak in 2003, which infected both patients and healthcare workers.
Patients should be able to expect proper care from their doctors and nurses and two frequent issues with healthcare involve medical negligence and failing to properly inform the patient about a medical procedure. It’s also expected that medical staff follow proper procedures to prevent contamination of one patient’s illness to another patient. Unfortunately, when medical staff make mistakes, whether it’s in emergency rooms during surgeries, when prescribing medication or misdiagnosing a patient’s symptoms, they can result in devastating costs for patients. While Canada is renown for its free healthcare, the nation’s hospitals could improve readmission rates and it’s working towards removing dangerous drugs from store shelves sooner.
The personal injury and accident lawyers at Neinstein Personal Injury Lawyers have been handling all types of injuries for over 40 years including injuries from negligent medical workers. We understand the impacts injuries can have on your life and we know how to help you. Call us at 416-920-4242. Set up a free consultation and come talk with us.
Deadly effects of traumatic brain injury
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Many researchers are struggling to understand the extent of damage caused by traumatic brain injury, which can result in a huge change to a person’s personality and lifestyle.
In a study conducted by researchers from Toronto’s St. Michael’s Hospital, they found that 45 per cent of homeless men who participated in the research had suffered from traumatic brain injury (TBI), whether it was from an assault, sports injury, fall or motor vehicle accidents. Also, for 87 per cent of these men, the TBI event happened before they became homeless.
For these men, 60 per cent of TBI were a result of an assault, 44 per cent were a result of sports and 42 per cent were a result of a fall or a motor vehicle collision.
This research shows that it’s important to monitor young people who suffer TBIs for changes to their health and behaviour, says lead researcher Dr. Jane Topolovec-Vranic.
“You have a concussion, and you can’t concentrate or focus. Their thinking abilities and personalities change. They can’t manage at work, and they may lose their job, and eventually lose their families. And then it’s a negative spiral,” Topolovec-Vranic told Yahoo News.
The study recruited 111 homeless men from a downtown Toronto men’s shelter, who were between the ages of 27 to 81 years old.
While other studies show some the drastic changes to a person’s personality from a TBI. Research published in the Journal of Adolescent Health shows that half of youth (between the age of 16 to 18) in New York City’s jails reported to having suffered from a TBI before they were sent to prison. Also, inmates who’ve suffered from a TBI are more likely to break the jail’s rules, an expert on head injuries told the Associated Press.
A University of Toronto study found that teens who had a TBI in the past had double the chances of being a victim of bullying or cyberbullying and had triple the risk of attempting suicide. Those who suffer from a TBI are also more likely to demonstrate delinquent behaviour including becoming bullies, carrying a weapon, damage property, take anti-depression medication, break and enter and sell marijuana.
The shooter in the deadly Fort Hood shooting in April was reported by media to have self-reported TBI. While doctors remain unsure whether Formula One racer Michael Schumacher will be able to make a full recovery.
If you have had an accident and are now coping with a brain injury, your life has drastically changed. It’s important for you to focus on your recovery and let Neinstein Personal Injury Lawyers be there to help you. We have handled all types of injuries for over 40 years. We understand the impacts they can have on you and we can help fight your case. Call us at 416-920-4242. Set up a free consultation and come chat with us.
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