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

Archive for June, 2010

Sick or Not – Knowing the Difference Is Crucial

Wednesday, June 30th, 2010

Diagnosing a disease is tough, but getting it right is essential. Getting it wrong may mean injury or death.

In order to effectively treat a disease, the doctor has to accurately diagnose it in the first place. If that doesn’t happen the consequences may be disastrous. “Consider the fact that if a disease is not properly diagnosed it would mean a person being sick even longer, perhaps getting worse and developing unnecessary complications. In the worst case scenario, the person may die. For instance if cancer is misdiagnosed,” observed Christopher Mellino, of the Mellino Law Firm LLC, in Cleveland, Ohio.

Yes, being a doctor is a difficult job and diagnosing a disease means being able to accurately note the symptoms, having accurate and effective lab tests, and two other vitally important things: how much the doctor knows about the condition and how well the patient communicates. “As you may well appreciate, it is quite possible to have a break down at any one of those points in the diagnostic process,” Mellino explained.

How common is misdiagnosis? It happens quite frequently and may take several forms that range from only delivering a partial diagnosis to missing an illness entirely. In the case of a partial diagnosis, the doctor would likely nail down the subtype of a disease, but miss the mark on related conditions or complications that may arise with the disease. On the other hand, if the physician entirely missed the boat in identifying the disease, that is a failure on their part; or a misidentification.

In the final analysis, some diseases are far more difficult to diagnose than others, some symptoms are almost too vague to be helpful, and some medical settings actually lead to misdiagnosis. “For example, working with infants is challenging because they don’t communicate well. Behavioral problems, mental and emotional disorders are complex and seem to morph from one thing to another, and digestive diseases are always a challenge to assess accurately,” remarked Mellino.

“Interestingly, the one environment where the highest rate of misdiagnosis exists is the ER. This makes sense if you stop to think about it due to the high volume of patients and the pressure to move them in and out quickly,” Mellino pointed out.

The bottom line is that a great number of med mal cases happen because the doctor failed to diagnose the patient properly. Most often doctors misdiagnose lung cancer, colon cancer, myocardial infarction and breast cancer. Once this has happened, the whole medical scenario rapidly goes from bad to worse as the proper treatment is delayed. “Patients might want to consider getting more than one opinion if they are ill. This is often a good way to get a decent assessment of a tricky condition,” Mellino said.

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

Avoidable Birth Injuries

Tuesday, June 29th, 2010

The birth of a baby is exciting. If something happens to that child during birth, it may be devastating.

One of the most important events in many people’s lives is the birth of a child. If the child sustains injuries at birth because of negligence on the part of the doctors, this may cause severe harm to the child or the child may die. “Neither of these outcomes is acceptable. However, things happen. If they have happened to you, now is the time to speak to a medical malpractice lawyer,” remarked Christopher Mellino, of the Mellino Law Firm LLC, in Cleveland, Ohio.

Unfortunately, birth injuries are far more common than we would like to think. They are usually caused due to a variety of things such as difficult labor, or problems with the birth itself, baby’s height or weight putting them at a higher risk for injuries, a small pelvic arch, and how the baby is positioned. For example, if the baby is not head down in the birth canal, this is called a breech birth.

“Given the number of things that can go wrong during a birth, one of the most important things the doctor needs to take into consideration is when and how to perform the delivery,” noted Mellino. “For instance, if the doctor tries a vaginal delivery for a breech baby, there is likely going to be problems,” he added. Usually if the baby is breech, this is when a C-section is needed – and fast. If the baby suffers harm because of a mismanaged delivery, the mother may be entitled to compensation.

Other injuries that may happen during birth may include broken bones, cephalohematoma, subconjunctival hemorrhage, skull fractures, lacerations and brain injuries. The skull fracture usually results from a forceps extraction that didn’t go as planned. “There are many things that may go wrong during birth and if something does, the parents are in total anguish. They honestly need to talk to an experienced medical malpractice lawyer to find out what they can do,” Mellino pointed out.

Many of the injuries that happen at childbirth may not only affect the child and their family at birth, but for the rest of their lives. “If your child has been severely injured and those injuries will affect them for the rest of their lives, give me a call,” suggested Mellino.

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

Surgical Injuries Stalk Many Hospitals

Wednesday, June 23rd, 2010

We’d like to think medical errors are on the decline. Sadly, they are not.

Someone had the bright idea in the 70s to do a study on medical malpractice insurance. The results left many with their mouths hanging open in sheer surprise; one out of every 20 patients were medical malpractice victims and one out of every ten died.
A similar study took place in the 80s, but this one focused on hospital records for 50 institutions in New York. In the 31,000 files reviewed, close to 8,000 people had possibly suffered from medical negligence. If you do the math on those figures, it will tell you that one patient in four had a problem. In ten years the ratio dropped from one in twenty to one in four. Now, the stats show that over 100,000 people die every year from med mal errors. When will it stop?

Typically, the most common med mal errors are birth injuries, surgical injuries, bleeding, septicemia, infections, misdiagnosis, failure to diagnose, and medication mistakes. In the case of birth injuries, if the doctor doesn’t provide adequate care to the mother at any time during her pregnancy, complications may happen during birth. If you have had this experience, you need to discuss your situation with a Cleveland medical malpractice lawyer.

Some examples would be not performing the proper blood tests to check for abnormalities, not recognizing respiratory distress, improper prenatal care or failure to provide it, not doing a C-section when necessary, and not taking proper care of a premature baby.
If any of the above does happen, the baby may be born with cerebral palsy, Erb’s palsy, facial paralysis or sustain a clavicle fracture. All of these accidents can be avoided with proper and attentive medical care.

Numerous med mal injuries take place in the OR, largely due to poor pre-op planning and care. Unfortunately, this may lead to severe and irreparable harm or death. Surgical injuries may involve leaving foreign objects in the patient, performing surgery on the wrong body part or patient, cutting or puncturing internal organs, improper administration of anesthesia, and poor surgical technique.
If any of those incidents happen, it may cause suffocation, paralysis, spinal cord injuries, amputation, coma, cardio problems and brain injuries. These injuries may also be avoided by taking precise care and double checking every step of the surgery.

When it comes to surgery, it’s vitally important that the surgical site be kept sterile. This goes without saying for the OR as well. If the site and/or rooms are not sterile, there is a high risk of infections or bleeding. By law, hospitals are required to have an infection protocol. Sadly, not all of them follow it to the exact letter of the law.

If you think you have been the victim of med mal, speak to a Cleveland medical malpractice lawyer to find out if you have a case and what your rights are under the law.

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

TBI and the Elderly a Dangerous Combination

Sunday, June 13th, 2010

Traumatic brain injury is a concern in the elderly. Falls happen more frequently as one ages.

More and more seniors want to maintain their independence. It’s a good goal and keeps them healthy and in good spirits with a positive outlook on running their own lives. Along with this independence though comes a few risks that need to be taken into consideration; the risk of falls or other seemingly small accidents that may mean an end to living independently. One of the first things seniors need to do is protect themselves from traumatic brain injury (TBI).

Statistically speaking, falls are one of the leading causes of traumatic brain injury and in people over the age of 75 years old, the chances of sustaining a fall while at home are quite high. In fact, if you are over 75 you have the greatest probability of being hospitalized after a fall; a fall that may result in death or traumatic brain injury. Prevention for falls can’t be stressed enough when it comes to the elderly living alone; that and fast access to help and prompt care.

Not all falls result in severe brain injury, but may manifest themselves as mild TBI (also referred to on occasion as a concussion). If your loved one has fallen, be on the lookout for some of these symptoms: blurred vision; a lingering headache that isn’t a bad one, but annoying; dizziness; sensitivity to light or sound; constant ringing in the ears; memory problems; difficulties concentrating; and changes in sleeping patterns.

Moderate TBI has similar symptoms, but may also have slurred speech; seizures; pupil dilation in one or both eyes; nausea; a bad headache that won’t quit; numbness in arms or legs; and loss of coordination. If you see any of these signposts of TBI, don’t wait; get the person to a doctor right away for treatment. If the older person is on warfarin, it is paramount you seek medical attention fast, whether the person is experiencing the above symptoms or not. Warfarin is nothing to fool around with.
While it’s nice that seniors want to live on their own, they really need help when it comes to medical problems that may arise if they fall. Time is critical. Being isolated and alone means those who have fallen often aren’t discovered until it’s too late. These observations are also applicable if you have a much loved senior in a nursing home and they take a fall that no one responds to appropriately. Medic alert systems may save the day in situations like this.

Know the signs and symptoms of TBI. Know your senior’s habits and how they normally react to things. If something changes, take them to a doctor. If your senior has fallen in a nursing home as result of negligent care, speak to a Cleveland medical malpractice lawyer.

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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