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.