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

Archive for April, 2010

Size Counts When It Comes to Birth Injuries

Friday, April 23rd, 2010

It’s fairly well-known that a low birth weight may cause health problems. Not many people realize a larger baby may also cause problems.

“Birth injuries are one of the most disturbing areas of law in which to practice. The future of that child has been compromised by carelessness or negligence. Things like that tear a family apart emotionally, mentally and physically; the guilt they feel is tremendous and they want justice for their child,” outlined Christopher Mellino, a medical malpractice lawyer, of the Mellino Law Firm LLC in Cleveland, Ohio.
Birth injury medical malpractice may happen for a variety of reasons, and one of them relates to the size of the fetus. Premature babies are subject to a number of illnesses because they are not fully developed in order to withstand the rigors of the harsh world in which they find themselves.

Larger babies may possibly have gestational diabetes and their size is an issue when it comes to attempting a normal, vaginal birth. It’s often safer if a large baby is delivered by C-section or induced earlier before they reach full term. “If neither of these two things happen, the results can be painful for the mother and catastrophic for the baby in terms of crush injuries, lack of oxygen during birth and other injuries that may happen due to medical intervention; e.g., shoulder dystocia, or Erb’s palsy,” said Mellino.

Another thing that has the potential to cause birth injuries is cephalopelvic disproportion, meaning the mother’s pelvis (shape and size) is not favorable to having a natural birth. Many women with this condition will ultimately have C-sections. “It is vital this disorder be diagnosed early so when the time comes for giving birth, preparations will be in place for a C-section rather than attempt to deliver naturally,” Mellino added.

Difficult and hard labor may cause birth injuries as well and the baby may begin to lose oxygen. When this happens, the child may suffer brain damage. It’s a touch and go situation for the mother as well, and at this point, if the doctor is not paying careful attention to the fetal monitor, they may miss signs of fetal distress. If prompt action is not taken, the end result may be brain damage for the baby.

The position of the baby prior to its birth needs to be head down in the womb. “If it is in another other position, there are a variety of ways to turn the child or adjust its position, but this has to be done with great care. Extraction methods may also cause a baby severe damage,” explained Mellino.

Most often a birth will go without a hitch and mother and baby will be just fine. However, if someone has had a child and their child was injured during the birth, it would be wise to speak to a birth injury medical malpractice lawyer. Not all birth injuries are the result of negligence. For instance, some brain injuries happened in the womb, as a result of an infection the mother may have had.

“Each case is different and speaking to a med mal lawyer will clarify issues about your case and give you a certain understanding about medical negligence and how a case would be built and proceed to settlement or court,” indicted Christopher Mellino, a medical malpractice lawyer, of the Mellino Law Firm LLC in Cleveland, Ohio.

To learn more, visit http://www.christophermellino.com.

Illegal Prescription Writing Is Medical Malpractice

Tuesday, April 13th, 2010

The last thing anyone expects a doctor to do is illegally write prescriptions. When patients OD on the drugs, this is a serious matter.

This is a very bizarre case that came out of Kansas just a while back, involving a doctor and his wife/nurse. Both were indicted for directly contributing to at least 21 deaths and 68 fatal overdoses as a result of writing illegal prescriptions. They evidently also had other illegal methods to generate revenue as well, which included money laundering and defrauding health insurance.

The upshot of this case is that the doctor and his nurse/wife gave patients prescription refills even if they had overdosed on the same medication before. Other questionable acts also included missing and incomplete medical records for patients, allowing inexperienced physician’s assistants who were not properly supervised to dispense medication, leaving signed blank prescription pads lying around and forging the doctor’s name on other prescriptions.

Evidently the doctor’s woes started as far back as 2007 when the doctor and his wife were arrested for illegally prescribing drugs, money laundering and defrauding health insurance programs and patients. Under investigation since that time, the recent indictment is the culmination of three years of hard work by local police. It’s also alleged that from 2002 to 2007 alone, patients of the doctor and his wife who died due to a drug overdose comprised 18% of all overdose deaths in that particular county and surrounding areas.
When things like this happen, it undermines the credibility of doctors as a whole. While they may be human, most doctors uphold a very high ethical standard and practice according to the Hippocratic Oath – “First, do no harm.” Although the actual words are not first, do no harm, but state “I will prescribe regimens for the good of my patients according to my ability and my judgment and never do harm to anyone. I will not give a lethal drug to anyone if I am asked, nor will I advise such a plan.”
On the surface it does look like the doctor and his wife strayed way over the line of being ethical, responsible and trustworthy. If the facts of the case are as stated, they deliberately set out to harm patients in order to make money. It will be interesting to see how this turns out, as it appears that even though this doctor had a prior record, he wasn’t disciplined.

Based on statistics, it’s fairly reasonable to assume that at least 1% of US doctors deserve some serious discipline yearly. That means that as a conservative estimate, there would be roughly 7,703 doctors on the carpet every year, a number that way outstrips the actual number that do get reprimanded.

If you suspect something isn’t quite right with the doctor you see and you have overdosed on a medication only to get the same one again from the same physician, or you’ve had a procedure go wrong, a delayed diagnosis or misdiagnosis, it’s time to talk to a Cleveland medical malpractice lawyer. We will discuss your case and if there are the right elements to constitute medical malpractice, we will consider filing a lawsuit.

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

Lack of Oxygen at Birth May Cause Athetoid Cerebral Palsy

Saturday, April 3rd, 2010

Giving birth is dangerous and if the doctor isn’t watching carefully, the baby may suffer. Lack of oxygen at birth may cause cerebral palsy.

“The most common form of birth injury to babies may come in the form of three different kinds of palsy that develop over time: spastic cerebral palsy, athetoid (dyskinetic) cerebral palsy, and ataxic cerebral palsy. Cerebral palsy usually is diagnosed by 3 years of age. Roughly 800,000 children and adults in the US have cerebral palsy,” explained Christopher Mellino, a medical malpractice lawyer, of the Mellino Law Firm LLC in Cleveland, Ohio.

Roughly 80% of those with palsy have spastic cerebral palsy, which simply means the muscles are stiff and movement is difficult. Within this category is spastic diplegia that affects both legs and causes the individual to walk with a scissor-like movement. Spastic hemiplegia affects one side of the body, usually one arm more severely than the involved leg. Spastic quadriplegia affects all four limbs, the face and trunk. These children can’t walk, are usually mentally retarded and subject to seizures, and have difficulty talking.

“Approximately 10% of people have athetoid cerebral palsy which presents in varied muscle tone, from too tight to too loose, causing uncontrolled movements ranging from writhing to jerky. Most children with this form of palsy are not able to sit or walk properly and may have trouble swallowing and speaking,” added Mellino.

Lastly, ataxic cerebral palsy affects roughly 10% of people who will have trouble with coordination and balancing and have trouble with certain motions needing precise coordination like coloring, writing or creating something.

Risk factors for babies to develop cerebral palsy include whether or not they are prematurely delivered, their mother had an infection during pregnancy, enough oxygen reached the fetus during pregnancy, blooding clotting diseases, severe jaundice, and asphyxia (lack of oxygen) during delivery.”Interestingly enough, it was widely thought that the most frequent cause of cerebral palsy was lack of oxygen during birth. Recent studies have shown that birth asphyxia only contributes to 5% to 10% of cases of cerebral palsy,” Mellino commented.

Caring for a child with cerebral palsy is an enormous expense, as their care means special equipment and tools. “It isn’t uncommon for the cost to be in the millions over a period of time, which is why, if your child has suffered birth injuries in a hospital that do result in cerebral palsy, that the damage award will likely be higher to include a child’s future income, pain and suffering, and medical treatments and special equipment that aids the child to live a reasonably normal life,” said Mellino. Health insurance and Medicaid don’t provide for these kinds of needs.

Some of the costs parents of children with cerebral palsy incur include a wheelchair with an adaptive seat ($3,500 – $10,000), a prone stander ($1,000 – $5,000), communication system to help them communicate (up to $4,000), and a special van to take the child places (up to $25,000).

Anyone who suspects their child may be a victim of birth injuries while at a hospital needs to speak to a skilled medical malpractice attorney immediately. “The attorney will be able to assess the case and help the parents understand the legal process involved should they choose to file a lawsuit,” suggested Christopher Mellino, a medical malpractice lawyer, of the Mellino Law Firm LLC in Cleveland, Ohio.

To learn more, visit http://www.christophermellino.com.

Improperly Treated Concussion Leads to Permanent Injuries

Saturday, April 3rd, 2010

A football player filed a medical malpractice lawsuit against his coach. The boy had sustained a concussion that turned into permanent injuries.

Sports can be dangerous for a lot of reasons, and playing football perhaps best showcases the dangers of sustaining serious concussions. In this case that I read, a football player filed a medical malpractice lawsuit against the team’s doctor for mistreating his concussions of two years ago.

The injured football player, who was a leading kicker in 2008, attests he received several blows to his head over the course of several games. Raymore, whose name has been changed to protect the identity of the victim, stated that the team doctor didn’t handle his series of concussions in a proper manner.

The team doctor indicates that his records show that Raymore was told repeatedly to not play or practice until his symptoms (dizziness and headache) went away. The usual standard of care for injuries of this nature is to ban physical activity until any and all symptoms subside, as returning to playing or training too soon will only cause much greater damage. Raymore insists the doctor only treated him for a headache and sent him back on the field without properly evaluating him.

As you can tell by the details involved in this case, it will be a contentious one. Medical malpractice is not easy to prove and in many instances, an expert witness or two is needed to give testimony about the alleged incident and the doctor’s handling of it. It should also be kept in mind that not “all” bad medical experiences classify as medical malpractice.

Just as an example, Muhammad Ali sustained many concussions over the course of his boxing career and while his diagnosis was not TBI, he does have Parkinson’s disease. Parkinson’s is a disease that plagues individuals who have been subjected to severe head trauma, such as boxers and others who participate in high risk, high contact sports – like football. So, it may be that Raymore has Parkinson’s as a result of continuing to play without totally recovering from his string of concussions.

To be frank, the details that I read about do have some indications that there may have been a problem of some sort here. What that is or was will be at the heart of the case. Unfortunately, we don’t know what the permanent damage Raymore sustained is exactly. If the case is dealing with a traumatic brain injury, there is the potential for significant damages to be awarded to compensate Raymore for a life-altering condition, for which he will need permanent care.

If you have been in a situation like this, it would be a good idea to speak to a Cleveland medical malpractice lawyer and find out exactly what your rights are and whether or not you have a viable case.

Christopher Mellino is a Cleveland Malpractice Lawyer specializing in Cleveland Medical Malpractice cases in Ohio. To learn more, 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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