Concussions or TBI?

Is there really any difference between a concussion and traumatic brain injury?

The question of whether or not a concussion is a more benign form of head injury as compared to traumatic brain injury is a good one. By all reports however, concussion and traumatic brain injury are the same thing and merely distinguished by degrees

Put another way, concussion is a milder form of traumatic brain injury, but certainly nothing to be downplayed, as even though it may be a mild concussion, it may still have serious consequences.

Witness any football game in the US, or anywhere else for that matter, and one will see bone jarring hits and collisions that often result in players being trucked off to the hospital for observation. Blows to the head are especially problematic.

While many sportscasters and players refer to a head blow as a concussion, most medical staff call it a traumatic brain injury. Oddly enough, in the world of sports, a hit to the head is often regarded as being funny and couched in terms like “the player got his bell rung.” There is definitely nothing funny about a mild concussion or any form of traumatic brain injury.

For those who don’t understand the term traumatic brain injury, it occurs when the brain is smacked up against the skull resulting in temporary neurological impairment. Other cellular processes that routinely happen in the brain are also disrupted for days or weeks after the initial impact, largely depending on the grade of the concussion. Concussions range in grade from 1 to 3, and concussion and mild traumatic brain injury are the same thing.

Grade III concussions are considered to be any loss of consciousness due to a blow to the head or by something else like whiplash. Even with lesser grades of concussion, they may lead to things like epidural hematoma; the cause of film star Natasha Richardson’s death. Richardson’s death was the impetus for school athletes to stay away from sports for several “months” if they’ve sustained even “one” mild traumatic brain injury.

Playing sports like football, soccer and hockey come with inherent risks, and that risk relates to things like brain injuries. Nonetheless, if someone has been injured as a result of a slip and fall accident, a car crash or by playing sports without the proper safety gear, and negligence is present in the equation, consulting an expert personal injury attorney is a smart idea.

To learn more about Cleveland medical malpractice, Cleveland malpractice lawyer, Cleveland medical malpractice, Cleveland medical malpractice lawyer, visit Christophermellino.com.

Medical Malpractice Suits Driven by Plaintiffs

Who drives medical malpractice lawsuits and are they as prevalent as people actually think?

In actual fact, lawsuits are usually driven by plaintiffs. If that is the case, then it is reasonable to assume that medical malpractice lawsuits are a rapidly burgeoning sector within the total lawsuit industry. It appears that med mal lawsuits are beginning to play a greater role than they have ever played before, for a variety of reasons.

There are recent surveys that indicate medical errors are on the increase even in the face of new technology. The reasons for that vary, but by and large the main reason for the increase in errors is a lack of time. In the 21st century the American health system is in total shambles and seriously overburdened. Doctors and other medical professionals are overworked and dead on their feet from trying to keep up with the constant demand for medical services.

While it’s nice to have new technology, it takes time to learn that technology and what it is able to achieve. If there is no time because the physicians are running to keep up with non-emergency cases, the hospital ERs are jammed with people who should not be there and the clock is ticking, medical errors will still happen.
The more medical mistakes happen, the greater the potential for lawsuits, as it seems that today’s patients are more aware of what constitutes medical malpractice and are willing to file a lawsuit to seek justice.

Never assume that you do have a case of medical malpractice without consulting with a highly trained medical malpractice attorney. Choose one who has an extensive record handling all kinds of medical malpractice suits, who knows how difficult these cases are and who is prepared to ensure you receive the proper compensation for any injuries you may have sustained.

Christopher Mellino is a Cleveland Malpractice Lawyer specializing in Cleveland Medical Malpractice cases in Ohio. To learn more about Cleveland medical malpractice, Cleveland malpractice lawyer, Cleveland medical malpractice, Cleveland medical malpractice lawyer, visit Christophermellino.com.

Tort Reform Hurts People

On the surface, tort reform sounds like it might be a fine idea, but the underlying premise is flawed and would actually hurt those it is supposed to help.

The great health care debate has actually dragged up more for discussion besides health issues, and one of those issues deals with the concept of tort reform. Tort reform sounds like not a bad idea until one really takes a close look at what it means to victims of medical malpractice whose lives have been devastated.

Typically, medical malpractice lawsuits that make it to court are the ones in which the victim has sustained serious injuries; injuries that have altered their lifestyles to the point where they need ongoing medical care of one type or another. They may also need therapy, medications, regular treatments, counseling, in-home care and renovations to make their house livable. In instances such as this, juries have been known to hand out high awards to pay for such serious damages.

Tort reform would stack the deck even further against the victims. Physicians and hospitals already have a significant advantage going into a medical malpractice lawsuit because med mal cases have the shortest statute of limitations for any case. Mounting a complex med mal lawsuit with only a year to get things together is nigh onto impossible. While the clock is ticking in favor of the defendants, the plaintiffs are struggling to get evidence together to prove their case.

In addition, a lawsuit cannot be filed against a doctor or hospital unless it has been certified by a qualified medical expert to be a lawsuit of merit so these are not frivolous lawsuits.

If these points are not enough to ponder, add in that any incriminating evidence or information uncovered by internal investigations into an injury or death cannot be discovered by the patient or the patient’s family. Talk about prejudicial actions.

Furthermore, insurance companies protecting the doctor and/or hospital have financial and other resources and access to experts that far exceed the resources available to most patients. Add to this that the primary evidence in any medical malpractice case is the medical chart, which is authored by the doctor(s) and other medical personnel at a hospital, and the patient has no say in what goes in that chart, nor any control over it. Once again, the deck is stacked in favor of the medical profession and the victim is left hanging out in the wind trying to make a case.

Unfortunately for the victims of med mal, jurors are usually more sympathetic to a doctor being sued than the patient, particularly if it is the patient’s family who has brought the suit to court. Even if a plaintiff/patient does stick to their guns and pursues the case, 48 out of 50 states have capped the limit on the amount of damages that may be recovered. This cap has no relation to actual injuries and is only in place so the insurance companies may have a “fixed” cost when insuring negligent doctors.

In a nutshell, tort reform means patients having to give up constitutional rights just to have access to health care, and insurance companies coming out ahead by limiting their claim payouts. The person who needs the most help is the patient, and tort reform does anything “but” help a patient who has suffered at the hands of the medical establishment. Victims of medical malpractice need to get an experienced med mal attorney to help level the playing field.

To learn more about Cleveland medical malpractice, Cleveland malpractice lawyer, Cleveland medical malpractice, Cleveland medical malpractice lawyer, visit Christophermellino.com.

On the Line Over Medical Malpractice

There is no doubt that if you have been the victim of medical malpractice, your future is on the line and justice is of the utmost importance.

Probably the most vital thing you will ever need if you are a victim of medical malpractice is a highly skilled attorney who specializes in this area of the law. Your whole life and future are on the line and you need to do something about it immediately. Do not wait, even if you are unsure as to precisely what happened.Discuss your situation with an attorney and learn what your rights are and whether or not you may be eligible for compensation. The bottom line is that you need someone who knows what they are doing on your side if you face going to court to recover damages for your injuries.

A med mal attorney works with the doctor’s office and/or the hospital to get all the information that may not be available to you. S/he knows how the medical system works and knows what your rights are and will fight to make sure you are accorded those rights. Working in two different systems like this means you will get the best benefits if you ultimately need to go to court. Your job is handling the devastating effects of malpractice while your attorney hears your story and mounts a case.

Discussing your case with a med mal attorney is the beginning point here. S/he will assess your case, do some background work and then determine if you do indeed have a legitimate malpractice claim. Ask questions and mention everything you think of to your attorney, even if you think it’s an unimportant detail. You never know what information will be valuable in a medical malpractice court case, but your attorney does.
The other very important thing you need to be aware of when dealing with medical errors or malpractice is that your rights as a patient come first. This is what your attorney will be fighting for should you go to court. S/he will ensure your case is heard and that your claim is taken seriously.

Once a med mal case is filed your attorney is with you every step of the way from gathering records and files to examining lab results and finding expert witnesses. If you have been the victim of a medical procedure gone wrong or are suffering from debilitating side effects as the result of a drug the doctor gave you, the lawyer will argue for compensation for the injuries, for the costs of treating those injuries, lost income from missing work and for the emotional and physical distress you face daily since the medical incident.

While these cases are not easy, your attorney knows how to find their way through all the potential landmines that might crop up. Don’t hesitate to consult with a medical malpractice lawyer if you suspect that your personal injuries are the result of medical negligence or malpractice. The only bad thing you can do if faced with this kind of a situation is to NOT ask questions.

Christopher Mellino is a Cleveland Malpractice Lawyer specializing in Cleveland Medical Malpractice cases in Ohio. To learn more about Cleveland medical malpractice, Cleveland malpractice lawyer, Cleveland medical malpractice, Cleveland medical malpractice lawyer, visit Christophermellino.com.

Nurses Make Mistakes Too

While it is more common to hear of medical malpractice as it relates to doctors, nurses may also be guilty of it.

Nurses don’t go to work thinking about negligently performing their jobs. They arrive ready to do their shift and perhaps at some point during those 12 hours unintentionally commit a negligent act that results in injury or death to an unsuspecting patient. Sadly, it appears that nurse malpractice is on the rise thanks to the conditions in many hospitals today – overcrowding, understaffing, unrealistic deadlines, a steady stream of emergencies, and other factors that overwhelm even the best intentioned RN.

An overworked, overwhelmed RN makes mistakes; it’s just that simple. The results of those mistakes often mean a Cleveland malpractice lawyer is seeking compensation from the courts for damages a victim has suffered, including emotional, financial and physical.

The solution to nursing malpractice would seem to be more nurses. As simple as that may sound, it appears to be a difficult goal to achieve. While nurses are in high demand, there is a chronic shortage of registered and licensed nurses. That means that those working on the front lines are often tapped to work more and more overtime. The cumulative total of hours worked often leads to burn out and nursing errors. Many a Cleveland medical malpractice lawsuit has made mention of the nursing shortage at hospitals.

Statistically speaking if a nurse is working over 12.5 hours, they are three times more likely to make mistakes while on duty. In response to the, it’s no real surprise there is poor communication, carelessness and miscommunication. Many of these factors become part and parcel of a nursing lawsuit filed by a Cleveland medical malpractice lawyer.

Nursing errors may run the gamut from medication errors (wrong dose or wrong patient), not doing what a doctor instructed, not responding to a patient’s needs in a timely fashion, or going ahead and doing a procedure they are not properly trained to handle. While many of these mistakes may be explained by being overworked and stressed, the consequences of this inattention and negligence may result in a drug overdose, coma, infection, organ damage, an adverse drug reaction or death.

Patients who have survived what they feel was nursing malpractice should seek the expert legal counsel of a Cleveland medical malpractice attorney to discuss recovering damages for medical expenses, pain and suffering, loss of wages or the ability to work, loss of support (involving a death), etc.

To learn more about Cleveland medical malpractice, Cleveland malpractice lawyer, Cleveland medical malpractice, Cleveland medical malpractice lawyer, visit Christophermellino.com.

It’s a Matter of Being Right

When it comes to taking medications or giving medications, it’s a matter of being right in order to avoid potentially disastrous consequences that would lead to a medical malpractice lawsuit.

It really shouldn’t be asking too much to get the right medications when a patient is in a hospital or other clinical setting where medical treatment is being carried out. After all, that would be a reasonable expectation of the patient. Patients rely on caregivers to look out for them and not harm them by giving them something that either produces a bad reaction or ends up causing the patient’s death. Unfortunately, medication errors are far too common and in order to avoid them, health care professionals must take steps to monitor their actions or face a potential Cleveland medical malpractice lawsuit.

Generally speaking there are at least five things, or five rights that patients should expect from medical personnel. The first thing is that the patient is correctly identified. While this may sound like a fairly straightforward job, those who perform it typically also answer phones, screen calls, take refill information, sign in co-pays and other miscellaneous distracting duties. If this causes negligence on the part of the medical intake person, they may face a Cleveland medical malpractice suit.

Consider the ramifications if the patient is initially not identified properly. This could mean the wrong treatment, wrong surgery, wrong diagnosis or a multitude of other errors all compounded by the patient being given the wrong name, charts and other vital medical information. This admittedly is more of a problem on admission to the hospital if the patient is not able to communicate articulately.

A patient’s second well deserved right is that they get the correct drug. Unfortunately this is a real concern in many health care settings, as drugs are often prescribed, handed out and given to patients without any information about their potential allergies, their age, height, weight, lab results, actual clinical condition or diagnosis. This is a recipe for disaster.

Add to this physicians who write faster than they think and hand out prescriptions that defy all logic with creative names for drugs they can’t recall and doses that are, at best, questionable. Unfortunately, there isn’t always a check and balance system in place to keep track of what patient gets what drugs when everyone is under the gun to care for more patients than there are beds. The possibility of negligence in a hospital or other clinical setting may be very high given the overburdened health system, something a Cleveland medical malpractice lawyer knows well.

Right number three deals with getting the right dose of a medication. This is a particularly difficult area, as trying to set the right dose for the patient is mostly done by an educated guess based on age, height, weight, what other drugs the person is taking and any known allergies. The art of different dosing for each patient is not one that everyone in health care settings understands well enough. Consider the case of a nurse crushing a time release capsule for a senior and finding out later crushing the tablet releases the whole dose at once with dreadful consequences.

Along with the right dose of medication comes patient right number four, the right route to administer the medication. In most instances, giving a pill or liquid is the easiest, safest and most cost effective route. However, there are other methods of administration such as intravenous, intradermal, subcutaneous and intramuscular that have the potential to go off the rails if done incorrectly. Other even more tricky methods of giving a drug include intracardiac, intrapleural, intraspinal, intraarticular and intrathecal. These are particularly dangerous routes of administration of a drug, as once the drug is injected there is no way to get it back.

Patient right number five relates to getting the right medication at the right time. If the required dose is delayed or forgotten, this becomes a medication error with the potential to cause significant problems such as making up doses and giving them too close together.

For a violation of patient’s rights, it is critical to speak with a Cleveland medical malpractice attorney to ensure justice is served.

To learn more about Cleveland medical malpractice, Cleveland malpractice lawyer, Cleveland medical malpractice, Cleveland medical malpractice lawyer, visit Christophermellino.com.

TBI Healing Hope

The face of hope for treatment for traumatic brain injury just got a bit brighter with the introduction of something called Oxycyte. This is a major breakthrough, as there is currently no effective medical treatment.

Traumatic brain injury is a real concern in Cleveland medical malpractice circles when someone has been in an accident. Whether that injury has been the result of a car crash, a slip and fall accident or other blunt force trauma to the skull (such as blasts from explosives), the consequences are life altering, if not deadly when not treated in a timely manner. Cleveland medical malpractice lawyers see instances like this quite frequently.

There are roughly 1.4 million cases of traumatic brain injury (TBI) in the U.S. every year. Approximately 300,000 of those cases are classified as severe. The fact of the matter is that TBI is the number one cause of disability for those under age 35. This injury results in close to 99,000 cases a year of permanent disability. Fifty percent of those who survive a TBI sustain major impairment. These statistics alone speak loudly enough about the severity of this injury to prompt victims to hire a highly skilled Cleveland malpractice lawyer.

Lest we forget, there are hundreds of cases of military blast injury sustained by our Armed Forces personnel overseas, as a result of roadside bombs. There were approximately 360,000 military blast injuries 2002-2008. Those numbers have not decreased over the last two years. While we may be waging a war against terrorists, the real terror is stalking military personnel in the form of blast injuries. The incidence of deaths due to TBI from bomb blasts is also very high.

In most instances traumatic brain injury is “managed” in order to reduce the pressure on the brain from swelling and to ensure it is receiving enough oxygen. Any breakthrough in the medical field that offers promise for those who have sustained a traumatic brain injury is welcome news. Indeed, most Cleveland medical malpractice attorneys feel new therapy like this may assist their clients in recovery. While the proposed therapy and drug are pending trials in Israel and Switzerland, Oxycyte’s initial results appear to be promising.

This company focuses on pharmaceuticals and medical devices in the field of oxygen therapeutics and continuous substrate monitoring. Their latest offering to the medical community is Oxycyte, a perfluorocarbon therapeutic oxygen carrier and liquid ventilation product and an implantable glucose sensor.

Currently there are six treatment sites planned for each country with clinical trials slated to begin in the second quarter of 2009 and tentatively lasting anywhere from 12 to 18 months. There are many test subjects available, as the Israelis have been dealing with TBI and blast victims for quite some time. Their skill will enable them to utilize this promising therapy and provide clinical test results based on the therapy regime of a single infusion of one of 3 incremental doses of Oxycyte given within 12 hours of injury along with 50% oxygen and the usual care in cases like this.

The hope is that Oxycyte will play a crucial role in assisting in cases dealing with traumatic brain injury, wound care, strokes, heart attacks, surgery, etc.

From the point of view of a Cleveland medical malpractice attorney who deals with TBI as the result of someone else’s negligence, this latest medical news may change the outcome for TBI patients, and that could only be good.

Christopher Mellino is a Cleveland Malpractice Lawyer specializing in Cleveland Medical Malpractice cases in Ohio. To learn more about Cleveland medical malpractice, Cleveland malpractice lawyer, Cleveland medical malpractice, Cleveland medical malpractice lawyer, visit Christophermellino.com.

He Took the Wrong Medication

More than 1.3 million people take the wrong medication every year and close to 100,000 of those die.

While you may not have experienced a pharmaceutical error where you got the wrong drug, or the right drug but you reacted badly to it, or a new medication when combined with what you were already taking caused a serious side effect, errors like this happen every day. Some of these errors are not critical. On the other hand some of them may be deadly.

Not many people realize this, but medication errors are considered to be medical malpractice, largely because they have the potential to cause extremely serious injuries or death. Incidents like this can cost up to $72 billion every year – a staggering amount of money wasted on preventable pharmacy errors. Ask a Cleveland malpractice lawyer about the kinds of cases he deals with and you might be surprised at the answer.

A pharmacy error happens when a patient is handed the wrong medicine or given the incorrect dose of their prescribed medication. Other areas where mistakes happen are when the doctor writes out an illegible prescription, when the medication isn’t labeled correctly or when medicines that shouldn’t be mixed are taken together. Mistakes like this are quite easy to make if the pills are the same color, size or shape; if the names are similar or if the abbreviations on the prescriptions for the number of times or quantity to take them are wrong. If you think something like this has happened to you, contact a Cleveland medical malpractice lawyer.

Let’s say a prescription required a certain number of units of the medicine to be given every four hours and the “U” looked like an O. Obviously this would affect how much medication the patient was given and perhaps have the potential to cause an inadvertent overdose. All it takes is one small oversight in handing out meds and the consequences could be a Cleveland medical malpractice lawsuit.

There are ways to reduce the likelihood of this happening and people need to be more alert and aware of everything they are ingesting. This becomes more of a problem with seniors who may not understand what they are taking and why, and place an enormous amount of trust in their caregivers.

The first place to start to prevent any pharmacy errors is to check and re-check the medication with your physician after you have a prescription filled. While it may seem like you’re a being nuisance, it’s better to be safe than sorry. Asking questions that may avert a potential drug reaction is far better than having to find a Cleveland medical malpractice lawyer to right a wrong.

If you can’t read the handwriting, chances are the pharmacist will have trouble making it out as well. Ask to have it re-written or clarified before heading to the drugstore. Even though you know what dose the doctor suggested and how many times to take it, write that down on another piece of paper to check it against what you get from the pharmacist. Don’t take anything you are handed until you check it against the information you have.

Just because you may get medications and are told to use them according to the directions on the package, doesn’t mean something can’t go wrong. If you have a bad reaction, then something is obviously amiss. If you feel you have been the victim of pharmacy error, contact a Cleveland medical malpractice lawyer to discuss your case.

Christopher Mellino is a Cleveland Malpractice Lawyer specializing in Cleveland Medical Malpractice cases in Ohio. To learn more about Cleveland medical malpractice, Cleveland malpractice lawyer, Cleveland medical malpractice, Cleveland medical malpractice lawyer, visit Christophermellino.com.

Insurance Company Tactics Really Bite

Many people who run across an insurance company that deals in bad faith and other tactics, wishes they'd never had to deal with the company in the first place.

It's depressing, to say the least, to think that the insurance industry, one of the biggest money makers in the US with profits over $30 billion a year, have been known to stoop to engage in dishonest tactics and a flagrant lack of ethics to inflate their profits.

Given the tough economic times America faces currently, it's not too much of a stretch of the imagination that those same insurance companies will jack up their rates even more and deny more claims. While this might be called a defensive position to support their bottom line, it certainly plays havoc with the industry as a whole. "Not only that, it seriously hampers consumers who ultimately suffer the consequences of denied insurance despite paying their contractual obligations monthly – meaning premiums," commented Christopher Mellino, a Cleveland, Ohio lawyer.

People might once have thought that the big name insurance company we all thought was the salt of the earth and had earned our family's trust was above reproach. Nowadays people are finding out that the family friend has turned into Uncle Scrooge overnight and is not only denying reasonable claims for strange reasons, but is delaying payments, burying customers in insurance legal jargon and even refusing people retroactively who file claims. One might well ask, "What is wrong with this picture?"

"As horrendous as it may seem, there is evidence that those once friendly companies have gone out of their way to deny claims by actually offering rewards to employees who were successful in turning down claims, added Mellino. Workers who would not engage in that kind of behavior were fired. If denying claims didn't work, some of these companies were not above perpetrating fraud to not pay claims.

While denying claims is bad enough, get ready for the worst stunt in the book - delaying claims until death. This has been done in instances by long-term care insurers whose rationale is simply this: if they don't pay a claim they make money. Some of them have waited until an aged policyholder died to avoid paying. "This behavior is just the tip of the iceberg in an industry that is now also using credit reports to decide who gets insurance or not and how much they will pay," said Christopher Mellino, a Cleveland, Ohio lawyer. Brings to mind another good question: "When will it end?"

To learn more about Cleveland medical malpractice, Cleveland malpractice lawyer, Cleveland medical malpractice, Cleveland medical malpractice lawyer, visit Christophermellino.com.

Myths About Justice

There are quite a few myths about justice that many Americans don't seem to be aware of, likely due to the fact that even the media gets it wrong.

Haven't we all heard this one before: "Of course the number of lawsuits, including medical malpractice suits, being filed is just staggering." Well, guess what? This is definitely not the case and hasn't been true since at least 1985. "Just to throw around a few statistics here, consider this: personal injury cases dropped 79 percent between 1985 and 2003. This is the most interesting thing though - that in 1985 there were 3,600 trials floating around in US District Courts. By 2003 the number had plummeted to a modest 800 or so," indicated Christopher Mellino, a Cleveland medical malpractice lawyer.

While some might think these are old and out-of-date figures, the trend of fewer personal injury lawsuits continues, not only nationally, but at the state level. Sure, we all read about cases in the paper, but they are nowhere near as prevalent as the media makes them out to be. The ones that get reported are the big cases, and they are by no means representational of the number of cases actually tried per year.

Another prevalent myth that seems to make the rounds on what appears to be a daily basis, is that rising health care costs are making it insurmountable for doctors to practice because of all the lawsuits. "It's true that the costs of health care are rising every year, the medical bills alone certainly prove that, but medical malpractice lawsuits don't have anything to do with the cost of health care," commented Mellino, a Cleveland medical malpractice lawyer.

The truth of the matter is that med mal suits are roughly less than 2 percent of the total health care spending. In other words, call this a drop in the bucket. So rather than doctors dropping like flies because they are being picked off by med mal suits, the numbers of physicians is actually rising – a reassuring fact to say the least.

Everyone has heard about, or perhaps participated in a situation where a small business owner was driven out of his or her livelihood by a lawsuit, so to address this issue, legal reform is well past due. "This is not accurate either and lawsuits rank dead last as a concern for small business owners," said Mellino. What really appears to be happening is that the larger concerns are trying to upset the legal apple cart to avoid being held culpable for malfeasance and neglect.

This last myth is rather counter intuitive if anyone bothers to dig past the initial impression the words create – that trial lawyers are driving corporations out of business. "That couldn't be further from the truth. Justice is for everyone and wrongdoers need to be held accountable for their deeds, whether they're a large corporation or not," added Christopher Mellino, a Cleveland malpractice lawyer specializing in Cleveland medical malpractice cases in Ohio.

To learn more about Cleveland medical malpractice, Cleveland malpractice lawyer, Cleveland medical malpractice, Cleveland medical malpractice lawyer, visit Christophermellino.com.

Medical Errors Result in a High Death Toll

Sadly, medical errors that were preventable in the first instance are the reason that thousands of Americans are badly injured or die each year.

This is yet another great debate among trial lawyers, Cleveland malpractice lawyers, and the public in general, over the number of medical errors that were preventable. This subject inevitably comes up when anyone reads a story about medical negligence or is discussing how to reform the medical health system to prevent these errors. Actually, the core of the discussion is medical negligence resulting in medical errors.

It's funny, but most people who wind up talking about this topic usually cut a wide swath around the issue of the inherent negligence, which is the underlying problem and causation of medical errors. Usually when this argument raises its ugly head, people dodge the real issues. When it comes to actually tackling negligence itself, there tends to be a resounding silence unless you have a chance to speak to a Cleveland malpractice lawyer well versed in the nuances of this debate.

Frankly, the only way to make a significant difference in the health care system today is to deal with the negligence that causes medical errors. If medical errors were reduced, many of the other companion problems would be addressed. This isn't to say they would be one hundred percent resolved, but it would be a good start. Here is the real truth – if medical errors were decreased, the costs of health care would go down, medical malpractice insurance premiums would be scaled down and patients would remain healthy and safe. This is an opinion shared by many Cleveland malpractice lawyers.

If you seriously don't think medical errors are that much of a problem, consider the fact that they cost the system close to $29 billion dollars a year. Yes, billion. A staggering number that is highly preventable if someone takes the bull by the horns about avoiding negligence and does something about it.

If you need further convincing, then do some research on the extent of medical errors as outlined by the Institute for Healthcare Improvement. Their numbers estimate 15 million people are medically harmed every year. Don't stop there, ask a highly skilled Cleveland medical malpractice lawyer what the real scoop is and be prepared for an honest and in-depth answer.

This is really just the tip of the iceberg that sank the Titanic. The unaddressed negligence issue will founder the medical care system if left unchecked. And yet, many Americans today remain unaware of the problem, and how all encompassing it appears to be. This is really quite odd when you consider that one in three people has personally experienced a medical error and one in five were seriously harmed or died. What is even more interesting is that the public generally estimates death by medical error to be about 5,000 yearly, and not numbers running into the millions.

The odd twist to this debate is that while Americans think medical malpractice negligence suits are rampant, the reverse is really the truth. The problem is preventable medical errors causing serious harm and taking lives.

Christopher Mellino is a Cleveland Malpractice Lawyer specializing in Cleveland Medical Malpractice cases in Ohio. To learn more about Cleveland medical malpractice, Cleveland malpractice lawyer, Cleveland medical malpractice, Cleveland medical malpractice lawyer, visit Christophermellino.com.

Myths About Justice

There are quite a few myths about justice that many Americans don't seem to be aware of, likely due to the fact that even the media gets it wrong.

Haven't we all heard this one before: "Of course the number of lawsuits, including medical malpractice suits, being filed is just staggering." Well, guess what? This is definitely not the case and hasn't been true since at least 1985. "Just to throw around a few statistics here, consider this: personal injury cases dropped 79 percent between 1985 and 2003. This is the most interesting thing though - that in 1985 there were 3,600 trials floating around in US District Courts. By 2003 the number had plummeted to a modest 800 or so," indicated Christopher Mellino, a Cleveland medical malpractice lawyer.

While some might think these are old and out-of-date figures, the trend of fewer personal injury lawsuits continues, not only nationally, but at the state level. Sure, we all read about cases in the paper, but they are nowhere near as prevalent as the media makes them out to be. The ones that get reported are the big cases, and they are by no means representational of the number of cases actually tried per year.

Another prevalent myth that seems to make the rounds on what appears to be a daily basis, is that rising health care costs are making it insurmountable for doctors to practice because of all the lawsuits. "It's true that the costs of health care are rising every year, the medical bills alone certainly prove that, but medical malpractice lawsuits don't have anything to do with the cost of health care," commented Mellino, a Cleveland medical malpractice lawyer.

The truth of the matter is that med mal suits are roughly less than 2 percent of the total health care spending. In other words, call this a drop in the bucket. So rather than doctors dropping like flies because they are being picked off by med mal suits, the numbers of physicians is actually rising – a reassuring fact to say the least.

Everyone has heard about, or perhaps participated in a situation where a small business owner was driven out of his or her livelihood by a lawsuit, so to address this issue, legal reform is well past due. "This is not accurate either and lawsuits rank dead last as a concern for small business owners," said Mellino. What really appears to be happening is that the larger concerns are trying to upset the legal apple cart to avoid being held culpable for malfeasance and neglect.

This last myth is rather counter intuitive if anyone bothers to dig past the initial impression the words create – that trial lawyers are driving corporations out of business. "That couldn't be further from the truth. Justice is for everyone and wrongdoers need to be held accountable for their deeds, whether they're a large corporation or not," added Christopher Mellino, a Cleveland malpractice lawyer specializing in Cleveland medical malpractice cases in Ohio.

To learn more about Cleveland medical malpractice, Cleveland malpractice lawyer, Cleveland medical malpractice, Cleveland medical malpractice lawyer, visit Christophermellino.com.

Insurance Company Tactics Really Bite

Many people who run across an insurance company that deals in bad faith and other tactics, wishes they'd never had to deal with the company in the first place.

It's depressing, to say the least, to think that the insurance industry, one of the biggest money makers in the US with profits over $30 billion a year, have been known to stoop to engage in dishonest tactics and a flagrant lack of ethics to inflate their profits.

Given the tough economic times America faces currently, it's not too much of a stretch of the imagination that those same insurance companies will jack up their rates even more and deny more claims. While this might be called a defensive position to support their bottom line, it certainly plays havoc with the industry as a whole. "Not only that, it seriously hampers consumers who ultimately suffer the consequences of denied insurance despite paying their contractual obligations monthly – meaning premiums," commented Christopher Mellino, a Cleveland, Ohio lawyer.

People might once have thought that the big name insurance company we all thought was the salt of the earth and had earned our family's trust was above reproach. Nowadays people are finding out that the family friend has turned into Uncle Scrooge overnight and is not only denying reasonable claims for strange reasons, but is delaying payments, burying customers in insurance legal jargon and even refusing people retroactively who file claims. One might well ask, "What is wrong with this picture?"

"As horrendous as it may seem, there is evidence that those once friendly companies have gone out of their way to deny claims by actually offering rewards to employees who were successful in turning down claims, added Mellino. Workers who would not engage in that kind of behavior were fired. If denying claims didn't work, some of these companies were not above perpetrating fraud to not pay claims.

While denying claims is bad enough, get ready for the worst stunt in the book - delaying claims until death. This has been done in instances by long-term care insurers whose rationale is simply this: if they don't pay a claim they make money. Some of them have waited until an aged policyholder died to avoid paying. "This behavior is just the tip of the iceberg in an industry that is now also using credit reports to decide who gets insurance or not and how much they will pay," said Christopher Mellino, a Cleveland, Ohio lawyer. Brings to mind another good question: "When will it end?"

To learn more about Cleveland medical malpractice, Cleveland malpractice lawyer, Cleveland medical malpractice, Cleveland medical malpractice lawyer, visit Christophermellino.com.

Tragic Wrongful Death

Not only does a wrongful death devastate a family, but also it may dramatically affect their financial survival.

The pain of losing a loved one suddenly due to the possible negligence of someone else is heart rending. At times like this, the family is not only coping with the wrongful death, but also wondering how they are going to be able to make ends meet. "Financial security becomes a very real concern for those left behind," indicated Christopher Mellino, a Cleveland malpractice lawyer specializing in Cleveland medical malpractice cases in Ohio.

Although it is incredibly painful to function after the loss of a loved one, someone must take the first step forward and contact a highly skilled and compassionate wrongful death attorney for advice and guidance. This needs to be done as soon as possible, partially because of the statute of limitations and partly because filing a wrongful death lawsuit quickly, while the details are sharp and clear, makes the most sense.

"Never assume that just because the death may have been an unintended accident that something cannot be done to obtain compensation for the resulting death," indicated Mellino. Even if the idea of filing a lawsuit seems foreign, and not likely to happen, contact an attorney and find out how a wrongful death lawsuit is handled and what it may mean in terms of financial compensation.

"Wrongful death lawsuits are civil cases, not criminal cases, and usually deal with emotional pain and material loss, not the question of guilt," added Mellino. In these kinds of circumstances, it must be proven that another person or a company caused the death of an individual due to negligence. The person filing the wrongful death claim must also be a legitimate dependent or surviving member of the deceased, and the damages received are to financially assist the surviving family.

Be aware that each state has its own wrongful death statute and it is best to ask the wrongful death attorney what is applicable in the case being discussed. One such first rate wrongful death attorney is Christopher Mellino, a Cleveland malpractice lawyer specializing in Cleveland medical malpractice cases in Ohio.

To learn more about Cleveland medical malpractice, Cleveland malpractice lawyer, Cleveland medical malpractice, Cleveland medical malpractice lawyer, visit Christophermellino.com.

The Problem with Defective Car Seats

Having the proper safety harness and infant car seat is crucial in the event of a car crash.

It is vitally important to have the correct type of car seat and harness for a baby when traveling anywhere in a vehicle. Actually, it is not only important to have the right car seats and harness for your child, it is the law. "The seat needs to be installed in the rear seat of a vehicle and for an infant, it must be rear facing," explained Christopher Mellino, a Cleveland product liability lawyer specializing in Cleveland product liability cases in Ohio.

Unfortunately, these days it seems there are a fair number of car seats tagged for a manufacturer's recall. While the maker may send out an additional part for a seat that is already installed, it makes one wonder just how safe it is to be adding extra parts that weren't there in the first place. It may somehow affect the integrity of the whole unit. Other manufacturers will choose to send a whole new car seat as a replacement.

If anxiety had a name, it would be called the child car seat. Installing it according to the proper safety instructions is often a task for a mechanic, not a mom or dad. "Cutting corners when installing it is not an option and having the installation checked by someone in the know is crucial. If any part of that seat happens to be defective, the consequences may be severe injuries or death," added Mellino.

"When on the hunt for an approved child car seat, avoid car seats made before 1981 and seats that do not have a label on them clearly stating the date they were manufactured and the model number," said Christopher Mellino, a Cleveland product liability lawyer specializing in Cleveland product liability cases in Ohio.

Never buy second hand child car seats and do not simply glue a part back on that comes off. Any child car seat that is falling apart has the potential to be dangerous. Take the time to invest in a replacement.

Typically if someone is dealing with a situation where they had problems with a child car seat, it was due to defective handles, weak construction, sudden and unexpected releases and unanticipated rotation. This is possibly due to the manufacturer's negligence, and any situations like this need to be discussed with a dangerous products attorney. One such top-notch attorney is Christopher Mellino, a Cleveland product liability lawyer specializing in Cleveland product liability cases in Ohio.

To learn more about Cleveland medical malpractice, Cleveland malpractice lawyer, Cleveland medical malpractice, Cleveland medical malpractice lawyer, visit Christophermellino.com.

Lipitor the Cholesterol Buster

Touted as a new cholesterol buster, Lipitor was said to have very few side effects. That turned out not to be true.

Atorvastatin seemed to be a dream drug, the answer to those who were diagnosed with high cholesterol levels. Pfizer marketed this drug like there was no tomorrow and made it a point to mention that Lipitor had very few side effects.

Unfortunately, that wasn't the case and many people across the nation found themselves talking to a dangerous drug attorney to assess their case. Lipitor is in a class of drugs called statins whose major function is to lower cholesterol.

Pfizer has a history of bringing out blockbuster drugs and you might recognize some of them because they are so popular: Viagra, Diflucan, Zithromax, Celebrex and Zoloft. They are also noted for the groundbreaking drug, Aricept, used to treat Alzheimer's patients.

Lipitor/atorvastatin turned into a virtual success overnight, raking up sales of close to $12.9 billion in 2006 when it was first released on the market. From then on, sales have continued to soar and return healthy revenue to Pfizer.

Then, one day the roof fell in, and Lipitor patients were reporting rhabdomyolysis and severe liver damage. Lipitor sales plummeted to about $6 billion for the first quarter of 2007 compared to $6.2 billion in the same quarter in 2006.

Despite the damaging reports from Lipitor patients, statins are still in high demand, as more than 52 million people suffer from high cholesterol. Roughly one-third that number seeks treatment for it. The sales potential for this drug is virtually unlimited. The patent on Lipitor is good until 2010 even though the drug company wanted an extension until 2011.

Things were going well until the Food and Drug Administration started getting reports that people were dying from liver damage, heart problems and severe muscle deterioration as a result of taking Lipitor. It turns out that Lipitor's side effects may be numerous, including diarrhea, muscle pain, headache, joint pain, memory loss, severe liver problems, and non-functioning muscle fibers (rhabdomyolysis).

Non-functioning muscle fibers means muscle breakdown, with the muscle cells purging their contents into the blood stream. This winds up in the liver and causes severe damage or death. This drug inhibits an enzyme needed to make cholesterol in the liver. It also blocks the manufacture of CoQ10 that benefits the heart.

The Institute for Safe Medication Practices and the Division of Public Health Sciences found Lipitor to be one of the most dangerous drugs on the market. In fact, it ranked it as the eighth most dangerous drug with over 6,000 adverse events. That's pretty hard to ignore.

If you have experienced Lipitor side effects, contact a highly skilled dangerous drug attorney and discuss your situation. Knowing your rights will help you decide whether or not to file a dangerous drug lawsuit.

Christopher Mellino is a Cleveland Malpractice Lawyer specializing in Cleveland Medical Malpractice cases in Ohio. To learn more about Cleveland medical malpractice, Cleveland malpractice lawyer, Cleveland medical malpractice, Cleveland medical malpractice lawyer, visit Christophermellino.com.

Appendix Removal Potential Medical Malpractice

Who really has an appendix left these days? It seems like most of us had them out when we were kids and could still eat a bowl of ice cream as a reward.

Appendicitis, the end result of an inflamed and diseased appendix, is referred to as a surgical disease, as it usually requires the removal of the organ from the body. Often it becomes irritated and enlarged and at that point becomes what doctors classify as a medical emergency. Removal of this organ is considered an emergency because if it bursts and spills out toxic contents into the system, the problem becomes even worse, if not life threatening.

The interesting thing about the appendix is that no matter what stage the appendicitis is at, surgeons still recommend its removal as soon as possible. Most of these operations are safe and go as planned; however, there is the possibility of developing post-operative complications thanks to surgical malpractice. In some instances, there have even been cases cited where a patient had an unnecessary appendectomy of a healthy appendix.

The more advanced the infection of this organ, the more difficult and risky the surgery. In these cases, patients have been known to develop either an abscess or sepsis after surgery. Sepsis is a dangerous condition that presents as a whole-body inflammatory state, also called a systemic inflammatory response syndrome.

These possible complications of performing surgery if an appendix is too diseased, is usually one of the things that prompts physicians to operate early and avoid the problem of advanced appendicitis. This isn't to say that all cases of appendicitis are correctly diagnosed in the first place, as it tends to mimic many other illnesses and is thus hard to correctly diagnose. There are also cases of appendicitis patients who have no symptoms and no one knows that until the disease is seriously advanced.

Unfortunately there are still no reliable medical tests these days that are totally accurate in diagnosing appendicitis, and for this reason, if the surgeon suspects a diseased appendix; their first instinct is to remove it before problems develop. Yes, it's a risk to remove a healthy organ, however given the alternatives most surgeons would err on the side of caution.

Removing an appendix in young children is another proposition altogether and surgical statistics indicate at least 9% of children who have an appendectomy had a healthy appendix. One of the reasons children's appendixes tend to be healthy when removed is due to the fact that it’s a lot more difficult to diagnose appendicitis in kids.

If you feel you are the victim of medical malpractice, contact a highly qualified medical malpractice attorney and discuss your case. The attorney will be able to explain your rights and assess your case.

Christopher Mellino is a Cleveland Malpractice Lawyer specializing in Cleveland Medical Malpractice cases in Ohio. To learn more about Cleveland medical malpractice, Cleveland malpractice lawyer, Cleveland medical malpractice, Cleveland medical malpractice lawyer, visit Christophermellino.com.

Misdiagnosis versus Failure to Diagnose

While you might not think it makes much difference whether your doctor misdiagnoses you or fails to diagnose you, there is a distinction in law. Speak to your attorney if you are in a situation like this.

We all look up to doctors and other medical professionals because by virtue of their training, they have the skills and ability to make us feel better – to fix what is wrong. Most doctors, etc., take this responsibility very seriously and follow the "Do no harm," oath of their profession. However, negligence does stalk the halls of many medical facilities, including physician's offices, and the act of acting in error or failing to act, becomes a very serious matter.

In medical malpractice law there are two common oversights we see on a regular basis – the misdiagnosis of a medical condition or the failure to diagnose a certain medical problem. It's a startling fact that roughly 40% of med mal lawsuits in the U.S. are the result of a doctor failing to diagnose someone promptly.

Let's take a quick look at misdiagnosis. This is when a patient is told they have something that they really "don't" have. Needless to say, subsequent treatment may cause any number of complications. The major point here is that the "real" condition is going undiagnosed and untreated. In reality, the patient then has two problems – the misdiagnosis of the real condition and the failure to diagnose the real condition.

If a particular illness is time sensitive, such as a viral heart infection or cancer, it is crucial that the proper treatment be started post haste. Not diagnosing the real condition results in leaving it untreated for far too long, causing the patient serious problems. Treatment given for the wrong thing may exacerbate the problem and/or cause another problem entirely, prescriptions given in error compound the original diagnostic error(s).

On the other end of the continuum, we see cases where doctors totally missed the boat in figuring out what is wrong with a patient, or managed to get it right too late. Again, with some diseases, time is of the essence and if treatment is delayed or not commenced, the consequences could be deadly. The sad thing is that in these cases, what was once possibly treatable then becomes untreatable if left too long.

If you're faced with a suspected failure to diagnose or a misdiagnosis, contact a highly skilled med mal attorney and discuss your legal rights and options.

Christopher Mellino is a Cleveland Malpractice Lawyer specializing in Cleveland Medical Malpractice cases in Ohio. To learn more about Cleveland medical malpractice, Cleveland malpractice lawyer, Cleveland medical malpractice, Cleveland medical malpractice lawyer, visit Christophermellino.com.

Know the Risks of Birth Injuries

Giving birth, while exciting and a miracle, is often fraught with some nasty complications. Be aware of your legal rights when dealing with birth injuries.

While many parents don't want to think about the possibility of something happening to their child as it is being born, the truth of the matter is that birth injuries do happen. They may include injuries such as paralysis, brain injury, fetal distress, cerebral palsy, dystocia, breech presentation, and cephalopelvic disproportion. All of these particular injuries may occur as the result of the doctor's negligence.

Is there a way to minimize things like this happening, and if so, what would you be able to do to avoid this happening to you during the birth of your child? The first thing is finding a doctor you are comfortable with and finding out if others have had positive experiences with that physician. This isn’t to say that something may not happen during delivery, but if the doctor has a good track record with other mothers, chances are you are in good hands.

Do your homework on what birth injuries are possible and make a list of questions to ask the doctor. Ask what is done to monitor you and the baby for any possible complications. In general, the most common cause of birth injuries is because the physician isn't properly monitoring mom and baby. If this is discussed prior to the baby's arrival, chances are the doctor will be more aware of his responsibilities.

While there is no need to feel paranoid about giving birth, it honestly doesn't hurt to be as well-informed as you can about things that have the potential to go wrong. Talking to the doctor about those things is also one more step toward understanding what the physician goes through to make sure your baby arrives safely.

If you are in a situation where you are certain a birth injury took place as the result of the negligence of your attending physician, contact a top notch med mal attorney and discuss your case options.

Christopher Mellino is a Cleveland Malpractice Lawyer specializing in Cleveland Medical Malpractice cases in Ohio. To learn more about Cleveland medical malpractice, Cleveland malpractice lawyer, Cleveland medical malpractice, Cleveland medical malpractice lawyer, visit Christophermellino.com.

Startling Surgical Errors

Stories about surgical errors abound by way of friends and perhaps reading about some them in the media. These errors seem to be on the rise.

From studies done after surgical events, it appears that most of the errors could have been avoided. Records indicate there are stories of surgery performed on the wrong site, the wrong person and other mistakes. "These errors are a concern to people facing surgery, and for those who may have experienced this," said Christopher Mellino, a Cleveland malpractice lawyer specializing in Cleveland medical malpractice cases in Ohio. Speaking to a highly skilled medical malpractice lawyer is a must in instances like this.

The surgeon has a high duty of care to the patient they are operating on, and on the other side of the coin, the patient has every right to place their complete faith and trust in the doctor to not do something wrong. However, if something does go wrong, it is the patient's right to consult with an attorney.

"Generally speaking medical malpractice is the failure of a medical professional to use reasonable care to prevent patient injury or illness. And this is a normal thing to expect," explained Mellino. Non-fatal errors of a surgical nature happen relatively often and may cause patients problems they didn't have before surgery, including such things as permanent disabilities or paralysis. It's definitely a cause for concern when one realizes that over 98,000 people die each year because of surgical medical negligence. Medical negligence is a good reason to hire a leading med mal attorney.

Patient consent forms allow surgeons permission to operate, but don't cover what happens if there is an error in surgery. "We don't anticipate there will be surgical errors. We "do" however anticipate that the surgeon is skilled enough to not make mistakes," commented Christopher Mellino, a Cleveland malpractice lawyer specializing in Cleveland medical malpractice cases in Ohio.

If faced with what appears to be a med mal situation that may have been caused by a failure to take a proper medical history, to note all drug allergies, inattentiveness, bad handwriting on patient charts, and poor pre-operative planning, contact an experience med mal attorney to discuss the possibility of filing a medical negligence lawsuit.

To learn more about Cleveland medical malpractice, Cleveland malpractice lawyer, Cleveland medical malpractice, Cleveland medical malpractice lawyer, visit Christophermellino.com.

Cerebral Palsy Malpractice

While most people tend to think of medical malpractice as something a doctor does to cause someone a physical injury, med mal may also mean causing pain and suffering in instances such as cerebral palsy.

"Medical malpractice, or call it medical negligence, may also be the result of human mistakes; mistakes with the potential to end up with tragic consequences such as cerebral palsy," said Christopher Mellino, a Cleveland malpractice lawyer specializing in Cleveland medical malpractice cases in Ohio. This kind of medical error/mistake may cost a child and their family permanent pain and suffering, as cerebral palsy is a lifelong condition that is not curable.

In most cerebral palsy medical malpractice lawsuits, the damages may cover a wide range of areas from emotional and physical to monetary awards, or in other words, non-monetary and monetary damages. The toughest thing for the families to endure are the costs associated with cerebral palsy med mal that include physical therapy, surgery, special equipment, drugs, etc. "It's not uncommon to hear of horrendously high bills when caring for a cerebral palsy patient," indicated Mellino.

If the cerebral palsy was the result of negligence on the part of a doctor or other medical provider who did not follow the required standard of accepted medical care during a pregnancy, the delivery or very soon after labor and the birth, the victim and their family have every right to file a medical malpractice lawsuit.

"In any case where a person feels they have been the victim of medical malpractice, the first thing then need to do is speak with a highly skilled med mal attorney who is intimately familiar with these types of cases," explained Christopher Mellino, a Cleveland malpractice lawyer specializing in Cleveland medical malpractice cases in Ohio. Lawyers with a proven track record in these situations have more than a passing familiarity with legal jargon and know precisely how to evaluate these cases.

If the attorney feels there is a strong enough case, a medical malpractice lawsuit will be filed. "Parents of a child suffering from cerebral palsy may claim damages for things such as – the pain and suffering of the child (and family), medical bills, child care, cost of future care, and loss of future earning capacity," added Mellino.

To learn more about Cleveland medical malpractice, Cleveland malpractice lawyer, Cleveland medical malpractice, Cleveland medical malpractice lawyer, visit Christophermellino.com.

The Tragedy of Birth Injury

When something is wrong with a newborn, the first thing that comes to mind is birth injury malpractice.

"Birth injury malpractice is not to be confused with birth defects, as these are two different things," explained Christopher Mellino, a Cleveland malpractice lawyer specializing in Cleveland medical malpractice cases in Ohio. A defect is usually something that happened before pregnancy or during gestation, causing something to go drastically wrong with the baby's health and normal development.

A birth injury refers to something that happened during delivery – say shoulder dystocia – which was a direct result of a botched delivery. These things should never have happened in the first place.

"Most birth injuries are due to a fault of the physician (or other medical staff) who were working as a team to deliver the baby," said Mellino. If something does go wrong and the personnel provide less than sterling care and skilled medical intervention, the conditions are ripe for a medical malpractice lawsuit.

"When dealing with a birth injury malpractice lawsuit, there are usually four elements that need to be present in order to proceed: proximate cause, injury, breach of duty, and the fact that a duty of care was owed to the patient," outlined Mellino, a Cleveland malpractice lawyer specializing in Cleveland medical malpractice cases in Ohio.

To show duty of care, the attorney needs to prove the doctor owed the patient a duty to provide reasonable care. "The breach of care aspect is relatively self-explanatory, in that it means the physician didn't provide the professional/reasonable care anticipated and expected," added Mellino.

These two elements must result in an injury or death to show there was medical malpractice. This leads us to proximate cause, which means that without the negligent act, the injury would never have occurred. Or, to put this another way, the harm would not have happened if the doctor had not made a mistake.

If someone has suffered the trauma of birth injuries, the best thing to do is to contact an experienced and highly knowledgeable birth injury lawyer. The attorney will assess the case and advise how to proceed to justice.

To learn more about Cleveland medical malpractice, Cleveland malpractice lawyer, Cleveland medical malpractice, Cleveland medical malpractice lawyer, visit Christophermellino.com.

Traumatic Brain Injury May Progress to Vegetative Coma

With the rising car crash statistics across the nation, it's no small wonder the numbers of traumatic brain injuries are also on the increase. Traumatic brain injury patients are at higher risk to slip into a vegetative coma.

Traumatic brain injuries (TBI) are also called contrecoup brain injuries that, in a nutshell, means "A specific area of brain injury located directly opposite to the site of impact to the head that results from linear violent collisions of the brain with the skull." While many TBIs appear to be just fine after their accident (e.g. Natasha Richardson), they rapidly develop a variety of symptoms that may include headache, nausea, dizziness, ringing in the ears, blurred vision, and problems concentrating.

While a TBI may be classified as mild to severe, even a mild form of TBI may have life altering and long-term consequences. Mild brain injuries usually wind up with the patient either briefly losing consciousness or not, and then feeling dazed and confused later. Moderate brain injuries may last for mere minutes or hours, with the resulting confusion hanging on for weeks or months. The length of time for cognitive impairment may range from months to permanently.

A diagnosis of severe TBI has the potential to last months to years with the patient being unconscious the whole period of time. In these particular cases, the patient runs a very high risk of slipping into what is called a "vegetative state" or "locked in" syndrome. In most instances such as this, impairment, even if there is recovery, is permanent.

TBI cases are touch and go and leave doctors without many options to handle this kind of injury. Treatment mainly consists of stabilizing the patient to prevent further injury and making sure the brain is properly oxygenated, keeping consistent blood flow and controlling the fluctuating blood pressure.

Depending on the cause of the accident that resulted in a TBI, the patient or a representative on behalf of the patient, may be able to file a personal injury lawsuit. If you or a loved one faces something like this, speak to a highly skilled medical malpractice lawyer to obtain compensation.

Christopher Mellino is a Cleveland Malpractice Lawyer specializing in Cleveland Medical Malpractice cases in Ohio. To learn more about Cleveland medical malpractice, Cleveland malpractice lawyer, Cleveland medical malpractice, Cleveland medical malpractice lawyer, visit Christophermellino.com.

Are You Awake?

If you've ever had a medical test done at a hospital under something called "conscious sedation," be aware this has the potential to be a highly risky procedure.

These days the use of conscious sedation is on the increase in outpatient centers, clinics and hospitals. This isn't to say that the increasing rate is necessarily a bad thing, but you should be aware that there are serious risks associated with conscious sedation.

Many times this procedure is performed without any anesthesia personnel present during the administration of the drugs, during the actual test or while the patient is recovering. Anesthesia personnel include an anesthesiologist or a Certified Registered Nurse Anesthetist (CRNA); people who assess and/or give sedation drugs. For the most part, the reason for not using anesthesia personnel is strictly a cost saving measure. It is not for patient safety.

While this might not bother the person who is undergoing the procedure, they really need to know that the drugs that are used for sedation are respiratory depressants. Where the danger arises during this type of protocol is problems assessing a patient's physical status classification – as in how well they will tolerate anesthesia, especially if they have other health issues.

Other areas that cause concern are the dose levels of the sedation drugs and being aware of, recognizing and responding when a patient is in trouble or has slipped over the edge into a deep sedation. Personnel on deck during the procedure (who must be Advanced Cardiac Life Support or “ACLS” trained and certified) need to be able to immediately reverse the drugs, rescue a deeply sedated patient or be able to resuscitate someone who goes into cardiac arrest. The ACLS training is supposed to be updated every year; however this is not always the case.

Although conscious sedation is supposed to help patients deal with the pain and/or anxiety of certain not so pleasant tests, this "twilight sleep" has the potential to do them more harm than good. In fact, these days, the drugs to induce this kind of "sleep" are even more potent than before and are usually short acting compounds. Being more potent means the patient slips "under" much more quickly than ever.

If you or a loved one has had a brush with danger during the use of conscious sedation, and has suffered lingering side effects, contact an experienced medical malpractice attorney and discuss your potential case.

Christopher Mellino is a Cleveland Malpractice Lawyer specializing in Cleveland Medical Malpractice cases in Ohio. To learn more about Cleveland medical malpractice, Cleveland malpractice lawyer, Cleveland medical malpractice, Cleveland medical malpractice lawyer, visit Christophermellino.com.

Birth Trauma Litigation

Birth trauma litigation is a very complex area of the law, and only a highly skilled attorney with an extensive track record in this area is able to ensure justice for the family.

Birth trauma usually refers to situations where children are victims of medical malpractice as they are being born. They may suffer significant injuries or death during, or as the result of something going wrong with the pregnancy or during delivery. "This is to be clearly distinguished from birth defects that happen prior to birth and were likely the result of genetic flaws or other processes during the pregnancy," outlined Christopher Mellino, of the Mellino Law Firm in Cleveland, Ohio.

Statistically speaking, it appears that birth injuries may occur in roughly five out of 1,000 births. While not a shocking number, it is still high enough to cause concern. Injuries of this nature are usually the result of a nurse, mid-wife or doctor failing to properly assess or react to conditions that arise during pregnancy or during the baby's delivery.

Not every birth injury forms the basis of a medical negligence claim. In fact, in order to file such a claim, the injuries must be severe, if not classified as catastrophic. The reason for this is that these kinds of cases are enormously expensive to pursue. Most litigations of this nature require an in-depth review of the medical records, and the presence of various medical witnesses who testify that the physician involved in the birthing violated the accepted standard of care. "Medical negligence claims do tend to be expensive," said Mellino.

Some of the medical negligence cases that Mellino has tried have involved children who did not survive birth, suffered permanent brain damage, shoulder dystocia, Erb's Palsy, and Cerebral Palsy. "Unfortunately there are a high number of birth trauma cases that go unreported because the parents are not aware they may be victims of medical negligence or because the injuries may not be that serious," added Mellino.

In all cases where a child has suffered a birth trauma, it is best to consult with a skilled medical malpractice lawyer such as Christopher Mellino, of the Mellino Law Firm in Cleveland, Ohio. Mellino is noted for his razor sharp ability to get to the heart of his cases and get justice for his clients.

To learn more about Cleveland medical malpractice, Cleveland malpractice lawyer, Cleveland medical malpractice, Cleveland medical malpractice lawyer, visit Christophermellino.com.

Amputation – Loss of Limb Litigation

In most instances, amputation is thought of as the removal of a body part via surgery or trauma. It is usually performed to stop the spread of a disease or limit an existing malady.

Amputation has a rather colorful history starting in the 15th century when doctors performed surgical intervention on gangrenous or severely injured limbs. "Needless to say the results were often less than perfect due to infection and major blood loss," indicated Christopher Mellino, of the Mellino Law Firm in Cleveland, Ohio. Amputations weren't performed with any degree of frequency until the 19th century when anesthesia was introduced into the equation and blood loss and infection control became more effective.

By the time the 20th century rolled around, the better the medicine, the better the amputations – often resulting in prosthetic limbs and longer, healthier lives. In the 21st century the major reasons for amputations include gangrene, diabetic foot infections, bone infections, cancerous bone or soft tissue tumors, and traumatic limb injuries. The amputation itself results from negligence in gangrene cases, or as the result of vascular injuries that were not recognized soon enough to be treated in a conventional manner.

"In fact, failing to diagnose vascular insufficiency when the arteries in the leg are blocked from blood clots is a common source of below or above the knee amputations," said Mellino. Other loss of limb injuries may be the result of a person losing the function of a limb due to a nerve injury. In addition, there is also the medical mismanagement of a diabetic foot that may result in a medical malpractice case, although these amputations may also be due to gangrene.

In dealing with amputations over the years, I have seen many different forms that included fingers and toes as well as portions of toes or fingers. Calculating a just compensation in these cases is difficult," added Mellino. Prosthethics are costly and need to be upgraded and replaced over the course of their useful life and if the amputation that resulted in the need for prosthetics was due to a negligent act by someone else, the person who caused the injury should bear the costs.

The costs don't just stop there either. An amputee may be looking at significant expenses to modify vehicles, their workplaces or their homes. In home renovations to accommodate the injury should not be the responsibility of the victim either. This is another element used in the calculation of damages when such a case makes it way to the courts. "We also factor in medical bills, rehabilitation, pain and suffering, therapy, lost wages and loss of consortium, etc," explained Mellino.

This isn't an easy area of the law and many of the clients that Mellino handles have faced a lot of devastating trauma. Mellino's reputation for treating his clients with respect and dignity is well-earned, and he will go to great lengths to ensure his clients get justice and fair compensation.

To learn more about Cleveland medical malpractice, Cleveland malpractice lawyer, Cleveland medical malpractice, Cleveland medical malpractice lawyer, visit Christophermellino.com.

Product Liability Law - Propulsid

Propulsid was supposedly designed to solve acid reflux; instead its side effects caused fatal heart rhythm abnormalities.

Propulsid/Cisapride was made by Janssen Pharmaceutical and was supposed to handle nighttime heartburn by moving food out of the stomach, and keeping acid away from the esophagus. It was approved by the Food and Drug Administration (FDA) in 1993, and was marketed as being able to tighten the valve between the esophagus and the stomach.

For three years there was no warning label about the drugs effect on people's heart rhythms. Then adverse event reports began coming in, prompting Janssen Drugs to warn people they could die taking Propulsid. The drug was finally taken off the market in 2000. Taking it off the shelves affected over 350,000 Americans taking it. Over 30 million people had taken the drug since 1993.

Up until 2000 when Propulsid was taken off the market, the FDA received approximately 341 reports of serious heart problems and at least 80 deaths. Those stunning figures are what prompted the drug recall. Propulsid was approved for use only with adults, but it appeared infants and premature babies got it as a treatment for colic. Of the 80 deaths, 11 were children and 20 of the 341 adverse reactions were little ones with nonfatal heart irregularities.

Other damning evidence leaked out about this drug while it was still being marketed. Facts included information that Propulsid reacted badly to other drugs, and should not have been taken with allergy medicines, antidepressants, medicines for irregular heart rhythms, antibiotics, etc.

Propulsid side effects included sudden death, heart attacks, heart rhythm disorders, seizures, hepatitis, thrombocytopenia, and aplastic anemia, etc.

Propulsid lawsuits indicate the drug company didn't perform proper safety studies that would have told them this was a dangerous drug. There were also allegations that the FDA didn't reveal research that indicated the drug was flawed, because how it worked was supposedly a trade secret.

If you have any questions about having taken Proplusid/Cisapride, or about your legal rights when it comes to taking dangerous drugs, contact a dangerous product attorney who will advise you on how to proceed.

Christopher Mellino is a Cleveland Malpractice Lawyer specializing in Cleveland Medical Malpractice cases in Ohio. To learn more about Cleveland medical malpractice, Cleveland malpractice lawyer, Cleveland medical malpractice, Cleveland medical malpractice lawyer, visit Christophermellino.com.

Pharmacist's Malpractice Not Often Heard About

Not many people have heard about pharmacist's malpractice, but it's alive and well and definitely may be the source of a malpractice lawsuit.

Pharmaceutical error is not something a lot of people take the time to think about. They go to the drugstore, pick up their prescription and go home to take it. But, what if the drug was not the right one? What if the dose was not correct? What if the pills were time-released capsules and someone crushed them and gave them that way instead, significantly and dangerously increasing the dose the patient was supposed to take?

All these "What ifs" are real happenstances, and this should scare you into taking more care about drugs you take and what the directions indicate. Malpractice insurance isn't just for doctor's alone; it is for any health care professional in the medical field. Pharmacies are no different, and have distinct insurance predicated on their particular hazards, as opposed to the risks a physiotherapist may assume.

Pharmacist malpractice is on the rise, thanks to new technologies and new drugs hitting the market faster than the industry can keep up. The world of medicine keeps up a torrid, never-ending, fast-paced tango, and it's no small wonder that mistakes are made. The rapid pace of change causes errors to creep into daily work, with the end result being gravely injured consumers who took certain drugs in good faith – faith that the medicine dispensed was the right one for them.

The ultimate responsibility of a pharmacist is to ensure that prescriptions are accurately filled; the correct dose, correct drug, and the correct instructions concerning drug interactions, etc. It is also incumbent on the pharmacist to check doctor's handwritten prescriptions if the handwriting is so bad they can't really interpret the instructions properly.

Guessing at what a doctor says just doesn't cut it, as the doctor may have the wrong dose, the wrong drug or the wrong length of time for the patient to take the medication. While doctors certainly strive to keep up with all the new medications on the market, chances are, since they are human, they will make the occasional blunder.

Thanks to the rapid changes in technology, there are more new drugs on the market virtually every day. It should come as no surprise that pharmacists and even doctors have trouble keeping up with all of them. Ultimately it's a pharmacist's responsibility to make sure the prescription filled is the correct drug, the correct dose, and the correct length of time to take the medication, plus issue any warnings about side effects and drug interactions.

Were you aware that over 1.3 million people suffer from injuries every year thanks to medication errors? Those errors alone cost the health care system between $29 and $59 billion – yes, billion – a year. Stop and think about the ramifications of those numbers for a minute. There are over 100,000 deaths each year due to pharmacy malpractice. That death toll is higher than the number of fatalities yearly from car accidents. That's a high price to pay for a mistake that should never have happened in the first place.

If you think you have been given the wrong medication, been told to take an incorrect dose or were given the wrong prescription, you may be entitled to compensation. Contact a highly trained pharmacist malpractice attorney who will inform you of your rights and ensure you obtain justice.

Christopher Mellino is a Cleveland Malpractice Lawyer specializing in Cleveland Medical Malpractice cases in Ohio. To learn more about Cleveland medical malpractice, Cleveland malpractice lawyer, Cleveland medical malpractice, Cleveland medical malpractice lawyer, visit Christophermellino.com.

TBI and Sports Go Hand-in-Hand

Traumatic brain injury is popping up in the news more and more these days in association with high-contact sports.

It used to be that most people associated traumatic brain injury with car accidents or slip and falls. These days, however, it is occurring more often when people are playing sports. This isn’t too much of a surprise as traditionally boxing has indeed been a sport associated with a high degree of minor concussions (traumatic brain injuries) on a smaller scale.

Nowadays the spotlight is focused on hockey, football, soccer and other sports that see hard hits and even harder falls. In either case, the brain stands a high likelihood of being rattled around inside the skull and leaving the individual confused and dazed. Interestingly enough, many of these “mini-concussions” are going undiagnosed and over the course of a season, the player may suffer multiple traumatic brain injuries.

Another interesting fact is also beginning to emerge as professionals study this particular phenomenon. It seems that people who have already experienced at least one concussion are more susceptible to getting further, similar injuries during other playing seasons. The reason for this doesn’t seem to be entirely clear, but the theory is that once the brain has been shaken up badly enough, it doesn’t take much to disturb it again if it sustains a thump.

While these “smaller” concussions are often referred to as mild, the fact is if they happen often enough, multiple concussions are linked to dementia and other neurological diseases later in life. One of the more classic cases is boxer Muhammad Ali, who was diagnosed with Parkinson’s syndrome in 1984, a result of the frequent concussions he sustained during his fighting career.

In addition, a report commissioned by the National Football League in the U.S. shows that former football players were struck down by Alzheimer’s or other memory-related diseases at an astonishing rate of 19 times the norm for men between 30 and 49 years of age. Sobering statistics to say the least and it poses the question of what will happen to the younger players coming up through the ranks.

It should go without saying that those who sustain a concussion during rough sports need to have “more” attention paid to them and a very thorough medical evaluation, mild concussion or not. The fact of the matter is that any blow to the head could be dangerous now and in the future. More particularly, cumulative concussions have the potential to alter a person’s life by bringing on dementia a lot earlier in life.

Does having helmets and/or the right safety gear play a role in reducing head injuries? This is one of the questions that should be discussed with a skilled personal injury lawyer if you have been the victim of a head trauma that may have been avoided if you had been provided and were wearing the right safety gear.

Christopher Mellino is a Cleveland Malpractice Lawyer specializing in Cleveland Medical Malpractice cases in Ohio. To learn more about Cleveland medical malpractice, Cleveland malpractice lawyer, Cleveland medical malpractice, Cleveland medical malpractice lawyer, visit Christophermellino.com.