COMMITTED TO PROTECTING THE RIGHTS OF PERSONS INJURED BY THE NEGLIGENCE OF OTHERS.

Archive for April, 2009

Cerebral Palsy Malpractice

Thursday, April 30th, 2009

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

Thursday, April 30th, 2009

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

Thursday, April 30th, 2009

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?

Thursday, April 30th, 2009

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.

This site and any information contained herein are intended for informational purposes only and should not be construed as legal advice. Seek competent legal counsel for advice on any legal matter.
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