Blog – Neinstein Personal Injury Lawyers
Neinstein Personal Injury Lawyers’ Ruth Fernandes brings awareness to acquired brain injury on Daytime Toronto
(L-R: Ruth Fernandes and Michelle McDonald on the set of Rogers Daytime Toronto on June 4, 2014.)
On June 4, 2014, Ruth Fernandes, Director of Communications at Neinstein Personal Injury Lawyers and Michelle McDonald, Director of Operations at the Brain Injury Society of Toronto (BIST), made an appearance on Rogers Daytime Toronto to raise awareness of acquired/traumatic brain injury in fitting with Brain Injury Awareness month in June. Both women sit on the steering committee for the annual fundraising event, the Mix & Mingle, that aims to bring awareness to traumatic brain injury.
Traumatic brain injury leaves many Canadians disabled and it is the leading killer of Canadians under the age of 40. Fifty per cent of all the injuries children experience are from brain injuries, which is why it’s important the public is educated about this issue.
To tackle that challenge, the BIST launched the areyouaware.ca campaign in the month of June to raise awareness about the challenges thousands of Ontario families face living with the effects of brain injury. The BIST is a community organization which supports survivors and families with brain injury through education, advocacy and awareness.
June 11 marks the 10th year the BIST and Ontario Brain Injury Association (OBIA) have partnered to host the Mix & Mingle, a fundraising event that brings professionals working in the field of brain injury, including doctors, nurses, injury lawyers and rehab professionals. The event celebrates the partnerships between these different occupations and offers a great chance for everyone to network and socialize, while supporting the work of two great charities.
Join us at the Mix & Mingle at the Steam Whistle Brewery from 6 to 10 p.m. on Wednesday. You can still purchase tickets online. Last year this was a sold out event, so don’t delay in your ticket purchase. If you are unable to attend, but you’d still like to donate to this cause visit the BIST or OBIA websites.
Stay tuned for the full interview on Daytime Toronto which will be made available on our website shortly.
Greg Neinstein’s dedication to community volunteerism
Greg Neinstein
Greg Neinstein’s interest to help people in need is what led him down the path to becoming a personal injury lawyer.
“I’ve always intended to assist people in any way possible, who have suffered and need someone in their corner,” says Greg.
And while the managing partner of Neinstein Personal Injury Lawyers spends days in the court room doing just that, Greg also spends most of his free time giving back to his community through volunteering in various capacities.
For the last four years, Greg has donated his time as chair of the BIST & OBIA Mix & Mingle for Acquired Brain Injury (ABI), to raise funds and support ABI survivors and their loved ones. Since his role as chair Greg has helped raise the profile of ABI and its consequences. He’s also raised over approximately $400,000 for the two charities who develop support programs for ABI survivors and their families.
“Volunteering is a vital part of society and it’s important for able; healthy people to do whatever they can to help those less fortunate,” he says. “Everyone in a volunteer committee has the ability to pitch in and bring something valuable to the team.
“It’s incredible what the donation of time and effort can do for a not-for-profit organization.”
He also donates to a wide range of organizations including: the Bridgepoint Classic Golf Tournament in support of Bridgepoint Health, the PRHC Foundation Charity Golf Tournament in support of Peterborough Regional Health Centre, Out of the Rough in support of St. Michael’s Hospital, the Rehab Golf Classic in support of St. John’s Rehab Hospital, the Smilezone Golf Tournament, the annual Personal Injury Bar Hockey Challenge, Autism Speaks, Ryerson University, the Festival of Football for West Park Hospital and the remodeling of patient lounges in West Park Hospital, Sunnybrook Hospital and the Toronto Rehab Institute.
“We all represent our communities and the more we give back to the communities we live in the more they thrive and succeed and in turn you thrive and succeed,” he says. “I think it’s critical for people to do that.”
In the time he has left, Greg enjoys working out, playing hockey and spending time at the cottage with his family. He’s also dedicating a lot of time towards a new home for his family, which includes his wife and three daughters who are 5, 8 and 10.
He may be raising the next group of lawyers. “They are inspired by both my wife and I who work in professions that focus on helping others and those values have created very thoughtful and caring children; I’m very proud of that.
Join Greg and the friendly staff of Neinstein Personal Injury Lawyers at the upcoming 2014 BIST/OBIA Mix & Mingle on June 11 at the Steam Whistle Brewery from 6 to 10 p.m. to help raise awareness and funds that support those with acquired brain injury. If you haven’t purchased your tickets yet, you can buy them online. We encourage everyone to join us.
Pregnant drivers see greater risk of a motor vehicle collision involvement
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Pregnancy is a joyous occasion for many couples starting their families or adding a new baby to the household. One aspect future mothers may not be aware of is that during the second trimester of their pregnancy, they face a more likely chance of being involved in a motor vehicle accident.
A pregnant woman in this stage of her pregnancy sees her chances of being involved in a car accident climb by 42 per cent, according to a recent study published in the Canadian Medical Association Journal.
During a pregnancy, the crash rate during the first trimester was 4.33 incidents for every 1,000 people a year, the crash rate during the second trimester was 7.66 incidents for every 1,000 people a year and the crash rate during the third trimester was 2.74 incidents for every 1,000 people a year.
The study analyzed the data from 507,262 pregnant women between 2006 to 2011 in Ontario, who accounted for 6,922 motor vehicle accidents, 757 of the those accidents occurred during the second-trimester of the driver’s pregnancy.
This second trimester was the most dangerous period for a pregnant woman and it was common for women of all different socioeconomic backgrounds and different ages, according to the study. Pregnant women living in urban cities were more at risk than women in rural areas mothers giving birth to their second or third child also had a greater risk profile.
Meanwhile, this only applied to pregnant drivers. Pregnant women who were vehicle passengers or pedestrians seeing no uptick in motor vehicle collisions.
During pregnancy, there are many physiologic changes happening which can include nausea, fatigue, sleep disruption and unintended distraction. The increased crash rate is not linked to “baby brain” says the study.
While this doesn’t mean that pregnant women will want to be stop driving, it is important to note that human error, such as not checking your blind spot before switching lanes or not slowing down at a stop sign, can lead to lead to serious accidents.
Since a motor vehicle accident can lead to complications during a pregnancy, it’s important that female drivers practice safe precautions including: not speeding, avoiding distracted driving, proper use of signals, following traffic laws and always wearing a seatbelt.
Accident benefits are available to anyone involved in a motor vehicle 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.
GM fined $35 million over its slow recall
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The U.S. Department of Justice came down heavily on General Motors with a $35 million fine, the highest fine imposed by the agency.
GM has agreed to pay a $35 million fine for the company’s “failure to report a safety defect … in a timely manner,” according to CBC News. Similar to Toyota, the government will also review its safety reporting practices.
GM has been under fire since its come to light that the company knew about its ignition switch defect, which were linked to airbag deployment, for about a decade. The company only announced recalls this year.
While the company reports that only 13 fatal accidents can only be linked to this issue, a U.S. Center of Auto Safety reports much greater numbers.
Since the beginning of the year, the company has recalled 11.2 million cars and trucks with an additional recall announced for brake light, headlight lamp and power break issues, which is affecting 194,314 vehicles in Canada.
But GM isn’t the only automaker issuing recall notices and it’s expected that this year, the number of recalled vehicles will break the 2004 record of 11.8 million.
Manufacturers are required to announce vehicles involved in a recall, along with how the safety defect can affect the car’s drivers and passengers. Drivers will receive notification letters that will detail the issue, what the manufacturer will do to fix it and how long the repairs will take. In many cases, you’ll need to visit the dealership who will service your vehicle, but it’s important to ensure that they have the necessary vehicle parts in stock to fix it.
If you have moved, it’s important to notify your vehicle’s manufacturer of the new address so they’re able to notify you. Typically there will also be media coverage of company recalls. Whether you’ve bought a new or used vehicle, register your vehicle with the manufacturer and get your vehicle repaired quickly if it’s involved in a recall.
Drivers who are concerned about their vehicles can visit the Road Safety Recalls Database on the Transport Canada website. They can also contact the vehicle’s dealership or input their VIN into the manufacturer’s recall database.
If you suspect your vehicle has a potential safety defect, you can also contact Transport Canada’s at 1-800-333-0510 and their Defect Investigations and Recalls Division will investigate.
Drivers have a right to feel safe and secure in the vehicles they operate. The personal injury and accident lawyers at Neinstein Personal Injury Lawyers have been dealing with all product liability 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 motor vehicle accident. Accident benefits are available to drivers, regardless of who caused the accident. Call us at 416-920-4242, set up a free consultation, and come speak with us.
Cyclists would benefit from new Ontario legislation
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When Ontario announced new legislation in an attempt to decrease rates of distracted driving, there were also proposed measures to improve the safety of cyclists.
Cyclists may be glad to hear that conviction fines for dooring incidents could increase to $300 to $1,000 from the current $60 to $500 and demerit point penalties would rise to three from two. Unfortunately, dooring is not tracked by Toronto Police, but cyclists can access statistics through an open-sourced app Doored.ca, which was created by a Torontonian.
The legislation also proposes that drivers be required to maintain one metre of distance away from passing cyclists and cyclists could be allowed to use the paved shoulders on unrestricted provincial highways to ride safely. Cyclists could also see contra-flow bike lanes, depending on whether their municipality approves it, which would offer riders more direct and connected routes.
The province also proposed legislation changes to ensure cyclists are riding safely on the roads. If the current legislation passes, riders would be allowed to use flashing red lights as a safety feature on their bicycle. Also, riders that don’t use the required bicycle lights and other reflectors/reflective material during the rides will see the maximum fine increase to between $60 to $500 from $20.
It’s important that if a cyclist is involved in a collision that they treat it as they would a motor vehicle accident. They should also be aware that in dooring incidents reverse onus applies, which means that it’s up to the vehicle driver to prove that they were not in the wrong when the bicycle-vehicle accident occurred.
Cyclists should also wear a helmet while riding, which reduces the chance of a head injury by 74 to 85 per cent, along with reducing the chances of nose and upper face injuries by about 65 per cent. Pediatricians are currently pushing for legislation requiring both minors and adults to wear a helmet when operating a bicycle.
Bicycle sharing is gaining popularity worldwide and with more than 600,000 people using their bicycles as a mode of transportation on a daily basis, according to Share the Road Coalition, it’s important that both drivers and cyclists share the road in a safe manner.
Bicycle accidents can be a harrowing experience for anyone involved. The personal injury and accident lawyers at Neinstein Personal Injury Lawyers have been handling personal injury claims for clients throughout Ontario for more than 45 years. We know how to get you the compensation you need. Call us at 416-920-4242 to set up a free consultation. Come chat with us!
Dangerously high use of antipsychotic drugs in Ontario nursing homes
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It’s expected that the world will see an influx of seniors within the next few years with baby boomers aging. Many of the elderly need to decide whether they will continue living at home, move in with their children or move into a long-term care facility option, such as retirement homes or nursing homes.
Wherever our parents move to, we always want to ensure that they’re well taken care of. Senior homes have faced media scrutiny for a variety of issues, including the deadly blaze in a Quebec senior home, aggression in nursing home residents resulting in multiple deaths and elder abuse. The latest Toronto Star investigation adds to the growing concerns about senior homes with the investigation discovering that potentially lethal antipsychotic drugs have been used frequently to control dementia patients.
According to the investigation, about half of the residents in more than 40 senior living facilities are given medication that is not approved by Health Canada for their use, which includes drugs such as olanzapine and quetiapine.
These anti-psychotic drugs carry a “black box” warning, which means they have serious adverse reactions. Studies have shown that when they’re prescribed to seniors with dementia, they have a greater chance of dying, and an increased risk of a stroke or a mini-stroke.
According to the investigation, the Toronto’s Elm Grove nursing home has 56 per cent of its residents using antipsychotic drugs, Bourget’s Caressant Care, has 73 per cent of its residents using antipsychotic drugs and Long Sault’s Woodland Villa have 65 per cent of its residents using antipsychotic drugs.
While these numbers include residents with schizophrenia and bipolar disorder, which antipsychotics can be prescribed to treat, about 63 per cent of seniors living in these long-term care facilities are diagnosed with dementia. Also, some of these facilities also have residents who are under the age of 65 with mental health issues.
Antipsychotic drugs have been used to help control aggressive patients who are acting out, the president of the Ontario Association of Non-Profit Homes and Services for Seniors told the Toronto Star, but research conducted by the Canadian Institute for Health Information discovered that one third of seniors are using these drugs, even when they haven’t been prescribed them.
Long-term care homes are expected to provide a clean and safe living environment for seniors. Seniors have the right to expect as much independent living as possible and they should have the right to privacy, dignity and individuality. If residents or loved ones feel that someone living in a long-term care home is not receiving proper treatment or have concerns, they can file a complaint or speak with someone with the Long-term Care Action Line at 1-888-434-0144.
The personal injury and accident lawyers at Neinstein Personal Injury Lawyers can help ensure that long-term care home residents are receiving proper care. They 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.
Neinstein at the Advances in Acquired Brain Injury Conference this month
The Advances in Acquired Brain Injury Conference took place May 8-9 at the Hamilton Convention Centre.
This conference was attended by Rehabilitation Professionals, Psychologists, Physicians, Program Planners, Insurance and Legal Representatives and Advocates all working toward the better understanding and better rehabilitation of Acquired brain Injury.
Keynote speakers included Dr. Amir Raz who discussed “Brain Training as a Vehicle for Behavioral Intervention” and Dr. Michael Noseworthy who presented “State-of-the-Art Imaging of Acquired Brain Injury” other speakers filled the two day itinerary such as Babak Taati, Gail Simpson, Kim Carey and Aaron Stiller. The technology room boasted new machines like the neurotracker.
NeuroTracker 3D Multiple Object Tracking (3D MOT) is a novel and concise measurement and training tool that elicits mental resources known to be severely degraded by the effects of concussions. It has the potential to be both a diagnostic device to assess and monitor working memory, attention and cognitive processing abilities as well as a therapeutic tool that can be used for training during the recovery process. This device promises to be a hopeful tool for ABI survivors.
Thank you to all those who visited by our booth. We are happy to announce that the winner of the Neinstein Personal Injury Lawyers booth prize is Sara Bedard. Sara is the recipient of a pair Jays’ tickets for a game in Toronto against the Chicago White Sox. This should be an exciting game to watch.
Join us again next year! We look forward to seeing everyone again.
How to participate in class action lawsuit
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With GM’s ignition switch debacle, there have been class action lawsuits launched in Canada, along with the United States.
You’ve likely seen mentions about class action lawsuits in the news, but you may not quite know what the process entails unless you’ve been involved with one.
Class action lawsuits offers a route for multiple plaintiffs to band together in their claim against a company or the government if they feel they’ve been affected by one wrongful act. It offers a cost effective method for residents to receive judgment on a situation that they may not have the means to pursue on their own.
For example, in the case of GM, one Canadian lawsuit alleges that GM should have acted more quickly to recall its vehicles. Documents show that the company knew about the issue for about a decade before rolling out recalls this year. Currently, the lawsuit was started by one Ontario family who lost their son in a fatal car crash, according to the Globe and Mail.
If one person is looking to start a class action lawsuit, they will apply to be a representative plaintiff on the lawsuit’s behalf. The court will then decide whether it is appropriate the alleged lawsuit is deemed a class action lawsuit. If the court rules it as a class action lawsuit, the lawyer representing the original plaintiff will represent everyone else involved. If the court doesn’t certify the lawsuit as a class action, individuals can still sue individually.
For someone considering whether you launch a class action lawsuit or not, they may want to consider aspects including whether another class action lawsuit dealing with the same issues has been filed, whether a class action lawsuit is a good way to resolve the issue, are there any other options to resolve the issue or is the individual willing to forego their personal issue to handle the common issue.
Once a class action lawsuit has been given the go ahead, everyone involved needs to be informed, which can be done through newspaper or magazine advertising. Anyone who believes they’ve been wronged in a similar manner can contact the law firm and explain their case. If someone does not want to participate in the class action lawsuit, they can opt out. If you don’t, then you go along with the lawsuit’s judgment, but you can appeal the process, which includes appealing the lawsuit being classified as a class action or a judgment.
Judgments decide compensation for the entire class action lawsuit, which an individual’s compensation can be awarded as a proportion of the total amount or it can be decided individually.
When General Mills updated its privacy policy to disallow users from participating in class action lawsuits, it takes away a legal avenue for customers to bring up concerns about product liability.
Customers should be able to expect a standard of care when you use a product or service. The personal injury and accident lawyers at Neinstein Personal Injury Lawyers have been dealing with all personal injury issues, including product liability, throughout Ontario for over 45 years. Call us at 416-920-4242, set up a free consultation, and come speak with us.
Ontario hospitals will have more quality control for diagnostic images
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When you feel chest pain, you head to a hospital to discover what is wrong. Your doctor asks you some questions about your condition, takes x-rays and runs tests to determine the issue and your treatment. While you always want to assume your doctor has diagnosed you correctly, but sometimes this isn’t the case.
Health Minister Deb Matthews announced that the government will soon introduce a “physician peer-review program” for all diagnostic images, including mammograms and CT scans. According to the Globe and Mail, there will be a team of physicians who will randomly assess the diagnosis provided by a radiologist.
“Peer review has been found to be an effective method for enhancing safety and accuracy in diagnostic imaging in many jurisdictions around the world,” says a press release by the Ministry of Health and Long-Term Care.
The announcement comes after an external review was conducted on the work of Dr. Ivo “Ivan” Slezic, a Trillium Health’s radiologist, which discovered that diagnosis mistakes delayed the care and treatment of 11 patients, two of whom died. The review analyzed Dr. Slezic’s diagnosis in 3,537 scans, which also included a physician-facilitated medical chart review, patient retesting and a medical follow-up. While Trillium Health says more than 99% of the scans didn’t have a clinically significant event, unfortunately medical negligence in healthcare can have devastating consequences.
The family of a 28-year-old Toronto woman is suing Trillium Hospitals and Dr. Slezic for negligence after they failed to diagnose a tumor in her heart. Dr. Slezic told Houda Rafle that her CT scans were clear, when she visited the hospital after experiencing a shortness of breath, according to CTV. Eight months later, she passed away after the stage four cancer spread to her brain and lungs. The lawsuit claims that the misdiagnosis prevented Rafle from receiving potentially life-saving treatment, according to CTV News.
Unfortunately, emergency room errors happen and missed or delayed diagnoses were one of the top medical malpractice claims, according to a study done by an Ireland Medical School in Dublin. Drug errors were the second most common reason for malpractice claims.
According to the Globe and Mail, ten to 15 per cent of patients are misdiagnosed and about 9,000 to 23,000 Canadians die each year from a preventable “adverse event,” such as mistakenly prescribed medication and errors in surgery, says a 2004 Canadian study.
Hospitals are busy places, but it’s within your right to be provided with high-quality healthcare. To help prevent a misdiagnosis, make sure you try to describe your symptoms specifically and even write them down so you can keep track of them. Also, be knowledgeable about the medication you’re taking any allergies you may have.
Your doctor may have some preconceptions based on his preliminary glance of your overall health, so don’t be afraid to politely ask him to consider other alternatives. Dr. Jerome Groopman, author of How Doctors Think, told the Globe and Mail some questions to ask, include:
- What else could it be?
- Could two things be happening at once?
- Is there anything in my exam or test results that may contradict your working diagnosis?
After you’ve been diagnosed, make sure you pay attention to the symptoms your doctor suggests you to watch out for and what should be done if your condition doesn’t improve.
You have the right to pursue a medical malpractice lawsuit if the harm done against you is legitimate. 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.
General Mills faces public backlash over updated online policy
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The makers of Cheerios faced public controversy over its new legal terms.
The updated privacy policy was first reported by the New York Times, which noted that anyone who gained from either downloading an online coupon or liking the company’s Facebook page, among other online activities, waived their rights to sue the company as a part of a class action lawsuit. Instead, disputes would have to resolved either through binding arbitration or through informal negotiations over email. This scenario was also extended to customers who bought these products.
The specific changes were as follows, according to the Globe and Mail: “In exchange for the benefits, discounts, content, features, services or other offerings that you receive or have access to by using our websites, joining our sites as a member, joining our online community, subscribing to our e-mail newsletters, downloading or printing a digital coupon, entering a sweepstakes or contest, redeeming a promotional offer, or otherwise participating in any other General Mills offering, you are agreeing to these terms.”
While General Mills bowed to public pressure and reverted it’s privacy policy back to the original version, unfortunately other companies have adopted a similar stance, which started after the 2011 supreme court ruling between AT&T Mobility v. Concepcion. The decision allows businesses to use contracts as a way to prevent class action lawsuit, which is one method for individuals to seek a legal remedy against a company.
Even if the policy remained in place, it would not have had as much weight in Canada with some provinces (Ontario, Quebec and Alberta) passing legislation that restricts these types of clauses or has them declared as invalid, according to the Globe. While it remains valid in B.C., judges rarely block lawsuits based on this premise.
Contracts are usually lengthy documents filled with jargon, but it remains important that consumers read them thoroughly before signing off. Don’t be afraid to say you need to take a look through it before you’re willing to sign on the dotted line. This also goes for installing apps on your smartphone or signing up for websites, which can include giving company’s access to your personal data or letting company’s utilize your images. Always be aware of what you’re signing off on or accepting to avoid potential issues in the future.
Customers should be expect a standard of care when you use a product or service and being able to join a class action lawsuit lets Canadians exercise their legal rights. The personal injury and accident lawyers at Neinstein Personal Injury Lawyers have been dealing with all personal injury issues, including product liability, throughout Ontario for over 45 years. Call us at 416-920-4242, set up a free consultation, and come speak with us.
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