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	<title>Cleveland Medical Malpractice Attorney &#187; Articles</title>
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		<title>Misdiagnosed Heart Attacks Can Lead to Medical Malpractice and Wrongful Death Lawsuits</title>
		<link>http://www.christophermellino.com/2012/01/misdiagnosed-heart-attacks-can-lead-to-medical-malpractice-and-wrongful-death-lawsuits/</link>
		<comments>http://www.christophermellino.com/2012/01/misdiagnosed-heart-attacks-can-lead-to-medical-malpractice-and-wrongful-death-lawsuits/#comments</comments>
		<pubDate>Wed, 25 Jan 2012 18:29:42 +0000</pubDate>
		<dc:creator>jferris</dc:creator>
				<category><![CDATA[Articles]]></category>
		<category><![CDATA[Cleveland malpractice lawyer]]></category>
		<category><![CDATA[Cleveland medical malpractice]]></category>
		<category><![CDATA[Cleveland medical malpractice lawyer]]></category>

		<guid isPermaLink="false">http://www.christophermellino.com/?p=570</guid>
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			<content:encoded><![CDATA[<div class='dd_post_share dd_post_share_right'><div class='dd_buttons'><div class='dd_button'><script src='http://widgets.digg.com/buttons.js' type='text/javascript'></script><a class='DiggThisButton DiggMedium' href='http://digg.com/submit?url=http://www.christophermellino.com/2012/01/misdiagnosed-heart-attacks-can-lead-to-medical-malpractice-and-wrongful-death-lawsuits/&amp;title='Misdiagnosed+Heart+Attacks+Can+Lead+to+Medical+Malpractice+and+Wrongful+Death+Lawsuits'></a></div><div class='dd_button'><script type='text/javascript'>reddit_url = http://www.christophermellino.com/2012/01/misdiagnosed-heart-attacks-can-lead-to-medical-malpractice-and-wrongful-death-lawsuits/;reddit_title = Misdiagnosed+Heart+Attacks+Can+Lead+to+Medical+Malpractice+and+Wrongful+Death+Lawsuits;reddit_newwindow='1';</script><script type='text/javascript' src='http://www.reddit.com/static/button/button2.js'></script></div><div class='dd_button'><iframe src='http://api.tweetmeme.com/button.js?url=http://www.christophermellino.com/2012/01/misdiagnosed-heart-attacks-can-lead-to-medical-malpractice-and-wrongful-death-lawsuits/&amp;source=&amp;style=normal' height='61' width='50' frameborder='0' scrolling='no'></iframe></div><div class='dd_button'><a name='fb_share' type='box_count' share_url='http://www.christophermellino.com/2012/01/misdiagnosed-heart-attacks-can-lead-to-medical-malpractice-and-wrongful-death-lawsuits/' href='http://www.facebook.com/sharer.php'>Share</a><script src='http://static.ak.fbcdn.net/connect.php/js/FB.Share' type='text/javascript'></script></div><div class='dd_button'><script src="http://www.stumbleupon.com/hostedbadge.php?s=5&amp;r=http://www.christophermellino.com/2012/01/misdiagnosed-heart-attacks-can-lead-to-medical-malpractice-and-wrongful-death-lawsuits/"></script></div><div class='dd_button'><a title="Post on Google Buzz" class="google-buzz-button" href="http://www.google.com/buzz/post" data-button-style="normal-count" data-url="http://www.christophermellino.com/2012/01/misdiagnosed-heart-attacks-can-lead-to-medical-malpractice-and-wrongful-death-lawsuits/"></a><script type="text/javascript" src="http://www.google.com/buzz/api/button.js"></script></div></div></div><p>One of the most commonly misdiagnosed conditions is a heart attack, which is hardly a comfort to those who may be experiencing one.</p>
<p>Heart attacks are as individual as the person experiencing them. No two people have the same symptoms, and in fact they may not have the classic signs that one is occurring. Take the case of a woman who went to the ER because her chest felt tight. The doctor ran many tests but could find anything wrong. He advised her to start taking aspirin and handed her a prescription for anxiety medication. Three days later she died of a heart attack. What happened to cause her untimely death?</p>
<p>The heart attack was misdiagnosed, something that happens far more frequently than we even know. In fact, just about two percent of all cardiac events are misdiagnosed. That number, which was derived from a study done by the New England Journal of Medicine, may not seem that bad. However, two percent adds up to 1.2 million people dying every year as the result of a heart attack. </p>
<p>It is no secret that heart attacks, coronary heart disease or coronary artery disease is caused by blood being blocked from getting to the heart. Once that happens, the main event is typically a heart attack, heart failure or cardiac arrest. </p>
<p>Many of the symptoms include, but are not limited to:<br />
- Nausea<br />
- Shortness of breath<br />
- Chest pain<br />
- Discomfort in the chest, either mild or severe<br />
- Discomfort in the stomach, neck, jaw, back or arms</p>
<p>As you may have noticed, many of these symptoms could also signal something like the flu or pneumonia. More often than not, the patient knows something is wrong and insists something is wrong, only to have a doctor rely more on tests than how the patient feels.</p>
<p>Tests doctors run when they suspect a cardiac event include:<br />
- Chest x-rays<br />
- Stress tests<br />
- Cardiac markers<br />
- Blood tests<br />
- ECGs<br />
- CT scans<br />
- Heart catheterization</p>
<p>Misdiagnosis may happen by misreading results from these and other tests. If the doctor does not take any action, or does not order the right test, this too may end in a misdiagnosis along with the wait and see attitude that often comes with uncertainty about test results. </p>
<p>To put it bluntly, if a possible heart attack victim does not get the appropriate drugs right away or have emergency surgical intervention, he or she may not live to see another day. Frankly, most people would not want to be a doctor faced with trying to determine if a patient was having a heart attack or not. It is a tough job, but those that are in the medical field must be accountable for any errors they make.</p>
<p>Have you been in a similar situation? Did you have a heart attack that was diagnosed as something else? Make a call to an experienced Cleveland medical malpractice lawyer. Find out what your legal rights are, and what constitutes medical negligence.</p>
<p>Christopher Mellino is a <a href="http://www.christophermellino.com/">Cleveland Malpractice Lawyer</a> specializing in <a href="http://www.christophermellino.com/">Cleveland Medical Malpractice</a> cases in Ohio. To learn more, visit Christophermellino.com.</p>
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		<title>Doctor Disciplinary Records Being Removed From Public Viewing Causes Patient Safety Concerns</title>
		<link>http://www.christophermellino.com/2012/01/doctor-disciplinary-records-being-removed-from-public-viewing-causes-patient-safety-concerns/</link>
		<comments>http://www.christophermellino.com/2012/01/doctor-disciplinary-records-being-removed-from-public-viewing-causes-patient-safety-concerns/#comments</comments>
		<pubDate>Fri, 13 Jan 2012 18:29:31 +0000</pubDate>
		<dc:creator>jferris</dc:creator>
				<category><![CDATA[Articles]]></category>
		<category><![CDATA[Cleveland malpractice lawyer]]></category>
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		<guid isPermaLink="false">http://www.christophermellino.com/?p=566</guid>
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			<content:encoded><![CDATA[<div class='dd_post_share dd_post_share_right'><div class='dd_buttons'><div class='dd_button'><script src='http://widgets.digg.com/buttons.js' type='text/javascript'></script><a class='DiggThisButton DiggMedium' href='http://digg.com/submit?url=http://www.christophermellino.com/2012/01/doctor-disciplinary-records-being-removed-from-public-viewing-causes-patient-safety-concerns/&amp;title='Doctor+Disciplinary+Records+Being+Removed+From+Public+Viewing+Causes+Patient+Safety+Concerns'></a></div><div class='dd_button'><script type='text/javascript'>reddit_url = http://www.christophermellino.com/2012/01/doctor-disciplinary-records-being-removed-from-public-viewing-causes-patient-safety-concerns/;reddit_title = Doctor+Disciplinary+Records+Being+Removed+From+Public+Viewing+Causes+Patient+Safety+Concerns;reddit_newwindow='1';</script><script type='text/javascript' src='http://www.reddit.com/static/button/button2.js'></script></div><div class='dd_button'><iframe src='http://api.tweetmeme.com/button.js?url=http://www.christophermellino.com/2012/01/doctor-disciplinary-records-being-removed-from-public-viewing-causes-patient-safety-concerns/&amp;source=&amp;style=normal' height='61' width='50' frameborder='0' scrolling='no'></iframe></div><div class='dd_button'><a name='fb_share' type='box_count' share_url='http://www.christophermellino.com/2012/01/doctor-disciplinary-records-being-removed-from-public-viewing-causes-patient-safety-concerns/' href='http://www.facebook.com/sharer.php'>Share</a><script src='http://static.ak.fbcdn.net/connect.php/js/FB.Share' type='text/javascript'></script></div><div class='dd_button'><script src="http://www.stumbleupon.com/hostedbadge.php?s=5&amp;r=http://www.christophermellino.com/2012/01/doctor-disciplinary-records-being-removed-from-public-viewing-causes-patient-safety-concerns/"></script></div><div class='dd_button'><a title="Post on Google Buzz" class="google-buzz-button" href="http://www.google.com/buzz/post" data-button-style="normal-count" data-url="http://www.christophermellino.com/2012/01/doctor-disciplinary-records-being-removed-from-public-viewing-causes-patient-safety-concerns/"></a><script type="text/javascript" src="http://www.google.com/buzz/api/button.js"></script></div></div></div><p>Most people want to know if their doctor has been accused of medical malpractice or disciplined for it.  We are, after all, put our health in our doctor’s hands.</p>
<p>Recently there was a rather bitter controversy over whether or not a doctor’s disciplinary information should be available, and if so, how much information should be available. Those embroiled in the debate are the American Medical Association (AMA) and consumer rights groups and journalists. The reason the debate exploded was in response to the U.S. Health and Human Services Department taking disciplinary information out of their online database. </p>
<p>Why was the disciplinary information removed in the first place? They removed it because news organizations used the National Practitioner Data Bank (NPDB) to point a finger of blame at doctors frequently accused of medical malpractice, but had not faced any discipline.</p>
<p>The very idea that a doctor was accused of medical malpractice but not disciplined may be viewed two ways. The first is that it was a one-time incident, and on examination of the facts, was not considered medical malpractice. To be fair, not all bad outcomes with a doctor are the result of medical malpractice. Some are genuinely unforeseen circumstances. However, if a doctor has been accused of medical malpractice more than once, has a history of patients complaining, and more than one lawsuit pending, this is a different scenario altogether.</p>
<p>The NPDB is the repository for information on payments in medical malpractice cases and keeps records on physician’s disciplinary actions. Congress created this data bank with the idea of improving health care. Health plans, state licensing boards, hospitals and other health care organizations use the database to determine if a doctor may be approved for a license, permitted to work, or granted admitting/clinical privileges. Journalists have used the information on the database, despite the fact it does not reveal doctors&#8217; names or addresses.</p>
<p>Health and Human Services feels it was justified in taking the information down from the website to protect doctors’ anonymity largely because federal law says that type of intelligence must stay confidential. Of course, the AMA agreed. The burning question then becomes how the removal of the information will affect patient safety; something no one else but patients (and their attorneys) seem to be worried about.</p>
<p>The AMA, in its defense, says the database is not reliable and not an accurate indicator of a doctor’s qualifications or competence. What is worse? Knowing the doctor has a history of patient complaints and medical malpractice accusations and thus making an informed decision about seeing them, or knowing nothing and finding out later the doctor botched a procedure and caused you harm. Additionally, if the database is not reliable or accurate, why isn’t it reliable and accurate? That is a frightening thing. What does that say about the AMA’s attitude about patient care?</p>
<p>Do you want to know if your doctor has faced disciplinary action? Been sued for medical malpractice more than once? Been sanctioned by the state licensing board? This is something to think about, particularly since it is your right to have quality health care. If you want quality health care, you would obviously want a doctor that has not been sued for medical malpractice.</p>
<p>Christopher Mellino is a <a href="http://www.christophermellino.com/">Cleveland Malpractice Lawyer</a> specializing in <a href="http://www.christophermellino.com/">Cleveland Medical Malpractice</a> cases in Ohio. To learn more, visit Christophermellino.com.</p>
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		<title>Lawyers and Doctors Spar Over Medical Malpractice Concerns</title>
		<link>http://www.christophermellino.com/2011/12/lawyers-and-doctors-spar-over-medical-malpractice-concerns/</link>
		<comments>http://www.christophermellino.com/2011/12/lawyers-and-doctors-spar-over-medical-malpractice-concerns/#comments</comments>
		<pubDate>Fri, 30 Dec 2011 19:42:55 +0000</pubDate>
		<dc:creator>jferris</dc:creator>
				<category><![CDATA[Articles]]></category>
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		<guid isPermaLink="false">http://www.christophermellino.com/?p=523</guid>
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			<content:encoded><![CDATA[<div class='dd_post_share dd_post_share_right'><div class='dd_buttons'><div class='dd_button'><script src='http://widgets.digg.com/buttons.js' type='text/javascript'></script><a class='DiggThisButton DiggMedium' href='http://digg.com/submit?url=http://www.christophermellino.com/2011/12/lawyers-and-doctors-spar-over-medical-malpractice-concerns/&amp;title='Lawyers+and+Doctors+Spar+Over+Medical+Malpractice+Concerns'></a></div><div class='dd_button'><script type='text/javascript'>reddit_url = http://www.christophermellino.com/2011/12/lawyers-and-doctors-spar-over-medical-malpractice-concerns/;reddit_title = Lawyers+and+Doctors+Spar+Over+Medical+Malpractice+Concerns;reddit_newwindow='1';</script><script type='text/javascript' src='http://www.reddit.com/static/button/button2.js'></script></div><div class='dd_button'><iframe src='http://api.tweetmeme.com/button.js?url=http://www.christophermellino.com/2011/12/lawyers-and-doctors-spar-over-medical-malpractice-concerns/&amp;source=&amp;style=normal' height='61' width='50' frameborder='0' scrolling='no'></iframe></div><div class='dd_button'><a name='fb_share' type='box_count' share_url='http://www.christophermellino.com/2011/12/lawyers-and-doctors-spar-over-medical-malpractice-concerns/' href='http://www.facebook.com/sharer.php'>Share</a><script src='http://static.ak.fbcdn.net/connect.php/js/FB.Share' type='text/javascript'></script></div><div class='dd_button'><script src="http://www.stumbleupon.com/hostedbadge.php?s=5&amp;r=http://www.christophermellino.com/2011/12/lawyers-and-doctors-spar-over-medical-malpractice-concerns/"></script></div><div class='dd_button'><a title="Post on Google Buzz" class="google-buzz-button" href="http://www.google.com/buzz/post" data-button-style="normal-count" data-url="http://www.christophermellino.com/2011/12/lawyers-and-doctors-spar-over-medical-malpractice-concerns/"></a><script type="text/javascript" src="http://www.google.com/buzz/api/button.js"></script></div></div></div><p>The short answer is often no. The longer version is they do work together now and then to make an end justify the means.</p>
<p>While it might seem odd to hear that a doctor and a lawyer could work together over issues like tort reform, it is happening more often on a larger scale. This can only be good for the eventual demise of tort reform. Many doctors see tort reform as necessary for a variety of reasons. They think it will reduce their medical malpractice insurance premiums. It won’t. And they think their liability should be limited. It should not. </p>
<p>Basically, the problem with tort reform, besides the fact that it is blatantly unfair and unethical, is that doctors do not really understand what it could mean to a patient that needs lifelong medical care. Their focus is limited to trying to deny or diminish liability for any medical errors. To be fair, some instances labeled medical malpractice are not, and not all bad medical outcomes are the end result of medical negligence. That is just the way it is.</p>
<p>The whole issue really gets right down to education. Educating medical professionals about what tort reform really means equals refocusing them from the desire to pay less in medical malpractice premiums to considering how a catastrophic injury caused by medical negligence can seriously affect the victim. Certainly there needs to be some willingness on the part of the medical professionals to admit when a mistake is a mistake. That does not happen too often.</p>
<p>Now there is a divided camp of sorts between the American Medical Association (AMA), who insists tort reform is needed to reduce medical malpractice premiums and open the door for more people to have access to medical care. Frankly, it would seem the AMA is buying into the hype insurance companies sell them – that the number of malpractice cases is the reason for high premiums. Actually, it is the insurance industry wanting to make more money that drives premiums up.<br />
In the other camp is the American Association for Justice (AAJ), who states simply that limits are unfair to the victims and do nothing to lower medical malpractice premiums. In other words, the relatively few high verdict medical malpractice cases has nothing to do with increasing insurance rates, but the economy, greed, low interest rates, the recession and lack of compassion do.</p>
<p>This argument has been around for years. It will continue. In the meantime, if just one doctor at a time can be converted to see the real issue relating to medical malpractice insurance and tort reform, then that may be considered to be progress.</p>
<p>Christopher Mellino is a <a href="http://www.christophermellino.com/">Cleveland Malpractice Lawyer</a> specializing in <a href="http://www.christophermellino.com/">Cleveland Medical Malpractice</a> cases in Ohio. To learn more, visit Christophermellino.com.</p>
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		<title>Insurance Companies Should Be Reined in from Charging Excessive Medical Malpractice Insurance Rates</title>
		<link>http://www.christophermellino.com/2011/12/insurance-companies-should-be-reined-in-from-charging-excessive-medical-malpractice-insurance-rates/</link>
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		<pubDate>Fri, 16 Dec 2011 19:41:32 +0000</pubDate>
		<dc:creator>jferris</dc:creator>
				<category><![CDATA[Articles]]></category>
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		<guid isPermaLink="false">http://www.christophermellino.com/?p=521</guid>
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			<content:encoded><![CDATA[<div class='dd_post_share dd_post_share_right'><div class='dd_buttons'><div class='dd_button'><script src='http://widgets.digg.com/buttons.js' type='text/javascript'></script><a class='DiggThisButton DiggMedium' href='http://digg.com/submit?url=http://www.christophermellino.com/2011/12/insurance-companies-should-be-reined-in-from-charging-excessive-medical-malpractice-insurance-rates/&amp;title='Insurance+Companies+Should+Be+Reined+in+from+Charging+Excessive+Medical+Malpractice+Insurance+Rates'></a></div><div class='dd_button'><script type='text/javascript'>reddit_url = http://www.christophermellino.com/2011/12/insurance-companies-should-be-reined-in-from-charging-excessive-medical-malpractice-insurance-rates/;reddit_title = Insurance+Companies+Should+Be+Reined+in+from+Charging+Excessive+Medical+Malpractice+Insurance+Rates;reddit_newwindow='1';</script><script type='text/javascript' src='http://www.reddit.com/static/button/button2.js'></script></div><div class='dd_button'><iframe src='http://api.tweetmeme.com/button.js?url=http://www.christophermellino.com/2011/12/insurance-companies-should-be-reined-in-from-charging-excessive-medical-malpractice-insurance-rates/&amp;source=&amp;style=normal' height='61' width='50' frameborder='0' scrolling='no'></iframe></div><div class='dd_button'><a name='fb_share' type='box_count' share_url='http://www.christophermellino.com/2011/12/insurance-companies-should-be-reined-in-from-charging-excessive-medical-malpractice-insurance-rates/' href='http://www.facebook.com/sharer.php'>Share</a><script src='http://static.ak.fbcdn.net/connect.php/js/FB.Share' type='text/javascript'></script></div><div class='dd_button'><script src="http://www.stumbleupon.com/hostedbadge.php?s=5&amp;r=http://www.christophermellino.com/2011/12/insurance-companies-should-be-reined-in-from-charging-excessive-medical-malpractice-insurance-rates/"></script></div><div class='dd_button'><a title="Post on Google Buzz" class="google-buzz-button" href="http://www.google.com/buzz/post" data-button-style="normal-count" data-url="http://www.christophermellino.com/2011/12/insurance-companies-should-be-reined-in-from-charging-excessive-medical-malpractice-insurance-rates/"></a><script type="text/javascript" src="http://www.google.com/buzz/api/button.js"></script></div></div></div><p>Finally, someone is thinking outside the box about medical malpractice insurance. It is the companies that are gouging doctors, not the number of lawsuits filed.</p>
<p>This is quite welcome news to medical malpractice lawyers – that regulating insurance rates is crucial to preventing medical malpractice insurance companies from taking thousands of dollars from doctors and allowing patients better access to health care. This observation comes from the author of California’s insurance regulatory reform law.</p>
<p>There is a bit of history involved here, and that is referring to Proposition 103, enacted as insurance reform in 1988. That law mandates prior approval for various requested hikes in insurance, meaning that insurance companies must justify and get an approval from state regulators before any new rates could be introduced.</p>
<p>What is interesting about this, is that in the first three years after the reform was introduced, California medical malpractice premiums dropped by 20 percent, then stabilized. This happened despite premiums across the nation fluctuating wildly. The national average showed an increase in medical malpractice premiums of 127 percent across the nation. California doctors were only paying 24 percent between 1988 and 2009. Quite the difference.</p>
<p>What do these numbers mean for every state and every doctor in the U.S.? They mean that California’s medical malpractice insurance industry was slamming doctors with high rates because they could, so they could make obscene profits for themselves, while blaming rising premiums on injured patients. In other words, the only reason why California held the line on reasonably priced medical malpractice insurance was because of Proposition 103. Do other states need a similar Proposition? It would seem so, or doctors in other states may not see any savings from malpractice insurers without something like it.</p>
<p>Another interesting provision in Proposition 103 created a process where interested groups, or the general public, could ask for intervenor status to challenge excessive rate hikes. Thanks to that group, they were able to stop a $66 million rate hike for doctors and other medical professionals. Sounds just like what the doctor ordered. Stop the bleeding where it begins, with insurance companies gouging doctors to make as much money as they can.</p>
<p>The number of serious medical malpractice cases across the country is not high enough to justify the outrageous prices insurance companies charge medical professionals for coverage. Having said that, by no means should a doctor guilty of medical malpractice not be held accountable for their negligence. What is going on in the insurance industry is a mindset being stoked by the lust for more and more money to feed their bottom line.</p>
<p>Medical malpractice insurance is not about settling up with an injured patient and making things right. It is not about admitting that a doctor made an error and is willing to pay for it. It is about dismissing, denying or diminishing a claim to avoid paying out too much money. In other words, medical malpractice victims are at the mercy of the negligent doctor and an insensitive insurance company, who is far more interested in not paying on claims than in doing what is right.<br />
If something like this were introduced in the state of Ohio, or any other state for that matter, it would be a welcome relief for patients, victims, doctors and medical malpractice attorneys. Perhaps this would get rid of medical malpractice caps, which only benefit the insurance companies, not the victims.</p>
<p>Christopher Mellino is a <a href="http://www.christophermellino.com/">Cleveland Malpractice Lawyer</a> specializing in <a href="http://www.christophermellino.com/">Cleveland Medical Malpractice</a> cases in Ohio. To learn more, visit Christophermellino.com.</p>
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		<title>Medical Journal Highlights Frequency of Doctors and Specialties With Medical Malpractice Cases</title>
		<link>http://www.christophermellino.com/2011/11/medical-journal-highlights-frequency-of-doctors-and-specialties-with-medical-malpractice-cases/</link>
		<comments>http://www.christophermellino.com/2011/11/medical-journal-highlights-frequency-of-doctors-and-specialties-with-medical-malpractice-cases/#comments</comments>
		<pubDate>Tue, 08 Nov 2011 17:33:10 +0000</pubDate>
		<dc:creator>jferris</dc:creator>
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		<guid isPermaLink="false">http://www.christophermellino.com/?p=509</guid>
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			<content:encoded><![CDATA[<div class='dd_post_share dd_post_share_right'><div class='dd_buttons'><div class='dd_button'><script src='http://widgets.digg.com/buttons.js' type='text/javascript'></script><a class='DiggThisButton DiggMedium' href='http://digg.com/submit?url=http://www.christophermellino.com/2011/11/medical-journal-highlights-frequency-of-doctors-and-specialties-with-medical-malpractice-cases/&amp;title='Medical+Journal+Highlights+Frequency+of+Doctors+and+Specialties+With+Medical+Malpractice+Cases'></a></div><div class='dd_button'><script type='text/javascript'>reddit_url = http://www.christophermellino.com/2011/11/medical-journal-highlights-frequency-of-doctors-and-specialties-with-medical-malpractice-cases/;reddit_title = Medical+Journal+Highlights+Frequency+of+Doctors+and+Specialties+With+Medical+Malpractice+Cases;reddit_newwindow='1';</script><script type='text/javascript' src='http://www.reddit.com/static/button/button2.js'></script></div><div class='dd_button'><iframe src='http://api.tweetmeme.com/button.js?url=http://www.christophermellino.com/2011/11/medical-journal-highlights-frequency-of-doctors-and-specialties-with-medical-malpractice-cases/&amp;source=&amp;style=normal' height='61' width='50' frameborder='0' scrolling='no'></iframe></div><div class='dd_button'><a name='fb_share' type='box_count' share_url='http://www.christophermellino.com/2011/11/medical-journal-highlights-frequency-of-doctors-and-specialties-with-medical-malpractice-cases/' href='http://www.facebook.com/sharer.php'>Share</a><script src='http://static.ak.fbcdn.net/connect.php/js/FB.Share' type='text/javascript'></script></div><div class='dd_button'><script src="http://www.stumbleupon.com/hostedbadge.php?s=5&amp;r=http://www.christophermellino.com/2011/11/medical-journal-highlights-frequency-of-doctors-and-specialties-with-medical-malpractice-cases/"></script></div><div class='dd_button'><a title="Post on Google Buzz" class="google-buzz-button" href="http://www.google.com/buzz/post" data-button-style="normal-count" data-url="http://www.christophermellino.com/2011/11/medical-journal-highlights-frequency-of-doctors-and-specialties-with-medical-malpractice-cases/"></a><script type="text/javascript" src="http://www.google.com/buzz/api/button.js"></script></div></div></div><p>Being a doctor is a high stress job. One mistake and a lawsuit could happen.</p>
<p>Not all doctors face lawsuits, and typically, there are some specialties that get sued more than others, but that is not common knowledge. That information, or at least a snapshot of that information, was recently published in the New England Journal of Medicine. Their study covered close to 41,000 medical malpractice claims against doctors across America from 1991 to 2005. Most doctors in the study were an average age of 49 years old, with the low end being 30 and the high end being 70.</p>
<p>Of the 41,000 doctors sued, those that had a closed complaint relating to medical malpractice, just about 7.4 percent were sued regardless of what kind of medicine they practiced. Out of that number, at least 1.6 percent had to pay out on the claim. Overall, the New England Journal of Medicine study revealed that the most lawsuits were filed against the following specialties, from the most number of lawsuits to the least number of actions:<br />
Most sued:<br />
- Neurosurgery<br />
- Thoracic-cardiovascular surgery (paid the most in plaintiff claims)<br />
- General surgery (paid the most in plaintiff claims)<br />
- Orthopedic surgery (paid the most in plaintiff claims)<br />
- Plastic surgery<br />
- Gastroenterology<br />
- Obstetrics and gynecology (paid the most in plaintiff claims)<br />
- Urology<br />
- Pulmonary medicine<br />
- Oncology<br />
Least sued:<br />
Psychiatry<br />
Pediatrics<br />
General practice family medicine<br />
Dermatology<br />
Pathology<br />
Nephrology</p>
<p>Doctors paid out in only 20 percent of the filed lawsuits.  The average payout was $247,887. One fact worth noting is that pediatric physicians, who do not get sued that often, paid out the highest amounts (likely due to the fact their patients are not adults and the harm caused is more significant), and neurosurgeons, who do get sued more often and had lower payouts (which may be due to the complexity of proving something went wrong).</p>
<p>The bottom line is that if you have been in a situation involving any of the various medical specialties we discussed in this article, and you feel it is medical malpractice, you will want to make a call to a Cleveland medical malpractice lawyer. </p>
<p>Not all bad outcomes with a doctor are classified as medical malpractice, and by consulting a Cleveland medical malpractice lawyer, you will know if you have a case and whether or not you may move forward with that case. </p>
<p>Christopher Mellino is a <a href="http://www.christophermellino.com/">Cleveland Malpractice Lawyer</a> specializing in <a href="http://www.christophermellino.com/">Cleveland Medical Malpractice</a> cases in Ohio. To learn more, visit Christophermellino.com.</p>
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		<title>Medical Malpractice Cap In Catastrophic Case of Negligence Harms Young Man</title>
		<link>http://www.christophermellino.com/2011/11/medical-malpractice-cap-in-catastrophic-case-of-negligence-harms-young-man/</link>
		<comments>http://www.christophermellino.com/2011/11/medical-malpractice-cap-in-catastrophic-case-of-negligence-harms-young-man/#comments</comments>
		<pubDate>Wed, 02 Nov 2011 17:31:59 +0000</pubDate>
		<dc:creator>jferris</dc:creator>
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			<content:encoded><![CDATA[<div class='dd_post_share dd_post_share_right'><div class='dd_buttons'><div class='dd_button'><script src='http://widgets.digg.com/buttons.js' type='text/javascript'></script><a class='DiggThisButton DiggMedium' href='http://digg.com/submit?url=http://www.christophermellino.com/2011/11/medical-malpractice-cap-in-catastrophic-case-of-negligence-harms-young-man/&amp;title='Medical+Malpractice+Cap+In+Catastrophic+Case+of+Negligence+Harms+Young+Man'></a></div><div class='dd_button'><script type='text/javascript'>reddit_url = http://www.christophermellino.com/2011/11/medical-malpractice-cap-in-catastrophic-case-of-negligence-harms-young-man/;reddit_title = Medical+Malpractice+Cap+In+Catastrophic+Case+of+Negligence+Harms+Young+Man;reddit_newwindow='1';</script><script type='text/javascript' src='http://www.reddit.com/static/button/button2.js'></script></div><div class='dd_button'><iframe src='http://api.tweetmeme.com/button.js?url=http://www.christophermellino.com/2011/11/medical-malpractice-cap-in-catastrophic-case-of-negligence-harms-young-man/&amp;source=&amp;style=normal' height='61' width='50' frameborder='0' scrolling='no'></iframe></div><div class='dd_button'><a name='fb_share' type='box_count' share_url='http://www.christophermellino.com/2011/11/medical-malpractice-cap-in-catastrophic-case-of-negligence-harms-young-man/' href='http://www.facebook.com/sharer.php'>Share</a><script src='http://static.ak.fbcdn.net/connect.php/js/FB.Share' type='text/javascript'></script></div><div class='dd_button'><script src="http://www.stumbleupon.com/hostedbadge.php?s=5&amp;r=http://www.christophermellino.com/2011/11/medical-malpractice-cap-in-catastrophic-case-of-negligence-harms-young-man/"></script></div><div class='dd_button'><a title="Post on Google Buzz" class="google-buzz-button" href="http://www.google.com/buzz/post" data-button-style="normal-count" data-url="http://www.christophermellino.com/2011/11/medical-malpractice-cap-in-catastrophic-case-of-negligence-harms-young-man/"></a><script type="text/javascript" src="http://www.google.com/buzz/api/button.js"></script></div></div></div><p>When doctors and insurance companies focus more on saving money than paying for medical malpractice, something is wrong with the system. </p>
<p>When bad things happen to good people, they need help from the justice system, not a cold shoulder.</p>
<p>This reported case is disturbing because of what it says about lawmakers and politicians, as well as people’s inability to understand how the tort system should work when medical malpractice is involved. The story is about a 17-year-old young man who has to face significant life challenges thanks to medical malpractice.</p>
<p>The mother knew there was something wrong with her twins.  Once active, the twins’ movement gradually decreased over time. The mother grew concerned about her pregnancy and went to her doctor. The doctor sent her home, saying there was nothing to worry about. Two days later, her babies stopped moving completely. At that point, doctors ordered an ultrasound. It showed the twins were in major distress.</p>
<p>When they were delivered, neither baby was breathing.  Tests on one of the twins indicated he was not getting air and had suffered major brain trauma. The mother was then told that most children born like that died within a year or so due to complications. The good news is that both babies survived, but their paths in life became dramatically different. The baby with brain damage began his life as a special needs baby and at 17 years old, still requires intensive, constant care. This is an expensive condition to say the least. </p>
<p>The family did file, and win a medical malpractice lawsuit against the ob-gyn. The jury awarded $5.6 million for the boy’s lifetime medical expenses and his pain and suffering. The state where he lives, Nebraska, has a medical malpractice cap that limits the amount a doctor is responsible for, which means that the boy and his family will only receive $1.25 million. They will not be left with enough monies to care for the boy should something happen to them. Where is the justice in that?</p>
<p>In order to care for the young boy for the rest of his life, it would take roughly $12.4 million. The initial award was $5.6 million, which would have helped significantly, but when the medical malpractice cap is applied, that number drops to just about negligible in terms of providing care for their son. Do not forget that they will also still need to pay legal bills. </p>
<p>Unfortunately, a doctor’s negligence destroyed a young man’s life and the doctor will only have to pay a mere fraction of what the actual damages are. The Nebraska Medical Association is fine with the cap, because they think medical malpractice claims in states without them means higher insurance rates and health care costs. When the Association was asked what they thought about this particular case, they said the cap served the state well, and there were always a few exceptions. </p>
<p>A few exceptions? That is a major understatement. And how does a medical malpractice cap serve the state well when someone’s life will never be the same because of a medical mistake? When doctors and insurance focus more on saving money than paying for medical malpractice, something is wrong with the system.</p>
<p>No matter where you live, if you feel you are the victim of medical malpractice, seek expert legal counsel. If you live in Ohio, contact a Cleveland medical malpractice lawyer and find out how the system works. Find out what to expect if you choose to file a medical malpractice lawsuit and what it may mean in terms of an outcome. Your Cleveland medical malpractice lawyer will have all the answers. </p>
<p>Christopher Mellino is a <a href="http://www.christophermellino.com/">Cleveland Malpractice Lawyer</a> specializing in <a href="http://www.christophermellino.com/">Cleveland Medical Malpractice</a> cases in Ohio. To learn more, visit Christophermellino.com.</p>
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		<title>State Medical Boards Need to be More Cautious When Doctors Move to Escape Medical Malpractice Claims in Another State</title>
		<link>http://www.christophermellino.com/2011/10/state-medical-boards-need-to-be-more-cautious-when-doctors-move-to-escape-medical-malpractice-claims-in-another-state/</link>
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		<pubDate>Wed, 26 Oct 2011 18:44:51 +0000</pubDate>
		<dc:creator>jferris</dc:creator>
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			<content:encoded><![CDATA[<div class='dd_post_share dd_post_share_right'><div class='dd_buttons'><div class='dd_button'><script src='http://widgets.digg.com/buttons.js' type='text/javascript'></script><a class='DiggThisButton DiggMedium' href='http://digg.com/submit?url=http://www.christophermellino.com/2011/10/state-medical-boards-need-to-be-more-cautious-when-doctors-move-to-escape-medical-malpractice-claims-in-another-state/&amp;title='State+Medical+Boards+Need+to+be+More+Cautious+When+Doctors+Move+to+Escape+Medical+Malpractice+Claims+in+Another+State'></a></div><div class='dd_button'><script type='text/javascript'>reddit_url = http://www.christophermellino.com/2011/10/state-medical-boards-need-to-be-more-cautious-when-doctors-move-to-escape-medical-malpractice-claims-in-another-state/;reddit_title = State+Medical+Boards+Need+to+be+More+Cautious+When+Doctors+Move+to+Escape+Medical+Malpractice+Claims+in+Another+State;reddit_newwindow='1';</script><script type='text/javascript' src='http://www.reddit.com/static/button/button2.js'></script></div><div class='dd_button'><iframe src='http://api.tweetmeme.com/button.js?url=http://www.christophermellino.com/2011/10/state-medical-boards-need-to-be-more-cautious-when-doctors-move-to-escape-medical-malpractice-claims-in-another-state/&amp;source=&amp;style=normal' height='61' width='50' frameborder='0' scrolling='no'></iframe></div><div class='dd_button'><a name='fb_share' type='box_count' share_url='http://www.christophermellino.com/2011/10/state-medical-boards-need-to-be-more-cautious-when-doctors-move-to-escape-medical-malpractice-claims-in-another-state/' href='http://www.facebook.com/sharer.php'>Share</a><script src='http://static.ak.fbcdn.net/connect.php/js/FB.Share' type='text/javascript'></script></div><div class='dd_button'><script src="http://www.stumbleupon.com/hostedbadge.php?s=5&amp;r=http://www.christophermellino.com/2011/10/state-medical-boards-need-to-be-more-cautious-when-doctors-move-to-escape-medical-malpractice-claims-in-another-state/"></script></div><div class='dd_button'><a title="Post on Google Buzz" class="google-buzz-button" href="http://www.google.com/buzz/post" data-button-style="normal-count" data-url="http://www.christophermellino.com/2011/10/state-medical-boards-need-to-be-more-cautious-when-doctors-move-to-escape-medical-malpractice-claims-in-another-state/"></a><script type="text/javascript" src="http://www.google.com/buzz/api/button.js"></script></div></div></div><p>When the same doctor keeps making mistakes, he needs to be stopped. If that same doctor moves to another state and gets protected by state laws, patients are at great risk.</p>
<p>Sometimes a doctor that keeps making medical errors gets his name in the paper. At least this one particular doctor certainly did, and while he is not necessarily representational of all doctors, he does serve as a bellwether for patients and other doctors. Many doctors do a fine job under difficult and often trying circumstances. But unfortunately is just takes one bad doctor to affect patient lives.</p>
<p>Dr. Stefan Konasiewicz has almost seen as much media time as Octomom. Just last month, he was on trial in Minnesota for negligently doing a brain biopsy that ultimately resulted in the patient sustaining a severe brain injury. The patient was left with cognitive defects, impaired speech and lost the ability to walk. This is not the only medical misstep the doctor has been accused of either.</p>
<p>While still living in Minnesota, and before he moved to Texas, this doctor had nine medical malpractice lawsuits filed against him between 1997 and 2008. He was reprimanded by the Minnesota Board of Medical Practice, and settled five of the lawsuits for roughly $3.2 million (two of the cases involved wrongful deaths). </p>
<p>The Minnesota Medical Board took the unusual step of publicly reprimanding him for unprofessional and unethical conduct in four cases that ended in patients sustaining injuries, becoming quadriplegic or dying. The medical board in Wisconsin also commented on him, as he had a license in Wisconsin too. </p>
<p>However, this doctor moved to Texas, whose state medical board did not feel there was any reason to put any restrictions on him. In other words, he has a clear medical license and can do what he pleases. Should this doctor’s current and potential patients be concerned that he is allowed to practice, given his track record in other states? </p>
<p>They definitely should be extremely concerned. It is their lives on the line. What patient would choose a doctor branded as unprofessional and who was responsible for many horrific injuries to his patients in other states? What would make the Texas Medical Board think this doctor had suddenly changed? </p>
<p>The bottom line is that if the state medical board in Texas is not going to be cautious about a doctor with flagrant cases of egregious medical malpractice, the public is on its own. Their only recourse would be to file a medical malpractice lawsuit. However, with strict medical malpractice caps in place, thanks to the legislature, the public is unprotected from medical negligence. What happened to the concept of justice for all?</p>
<p>Christopher Mellino is a <a href="http://www.christophermellino.com/">Cleveland Malpractice Lawyer</a> specializing in <a href="http://www.christophermellino.com/">Cleveland Medical Malpractice</a> cases in Ohio. To learn more, visit Christophermellino.com.</p>
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		<title>Innovative Health Care Safety Programs Do More to Reform Medical Malpractice Claims</title>
		<link>http://www.christophermellino.com/2011/10/innovative-health-care-safety-programs-do-more-to-reform-medical-malpractice-claims/</link>
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		<pubDate>Fri, 14 Oct 2011 18:41:55 +0000</pubDate>
		<dc:creator>jferris</dc:creator>
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			<content:encoded><![CDATA[<div class='dd_post_share dd_post_share_right'><div class='dd_buttons'><div class='dd_button'><script src='http://widgets.digg.com/buttons.js' type='text/javascript'></script><a class='DiggThisButton DiggMedium' href='http://digg.com/submit?url=http://www.christophermellino.com/2011/10/innovative-health-care-safety-programs-do-more-to-reform-medical-malpractice-claims/&amp;title='Innovative+Health+Care+Safety+Programs+Do+More+to+Reform+Medical+Malpractice+Claims'></a></div><div class='dd_button'><script type='text/javascript'>reddit_url = http://www.christophermellino.com/2011/10/innovative-health-care-safety-programs-do-more-to-reform-medical-malpractice-claims/;reddit_title = Innovative+Health+Care+Safety+Programs+Do+More+to+Reform+Medical+Malpractice+Claims;reddit_newwindow='1';</script><script type='text/javascript' src='http://www.reddit.com/static/button/button2.js'></script></div><div class='dd_button'><iframe src='http://api.tweetmeme.com/button.js?url=http://www.christophermellino.com/2011/10/innovative-health-care-safety-programs-do-more-to-reform-medical-malpractice-claims/&amp;source=&amp;style=normal' height='61' width='50' frameborder='0' scrolling='no'></iframe></div><div class='dd_button'><a name='fb_share' type='box_count' share_url='http://www.christophermellino.com/2011/10/innovative-health-care-safety-programs-do-more-to-reform-medical-malpractice-claims/' href='http://www.facebook.com/sharer.php'>Share</a><script src='http://static.ak.fbcdn.net/connect.php/js/FB.Share' type='text/javascript'></script></div><div class='dd_button'><script src="http://www.stumbleupon.com/hostedbadge.php?s=5&amp;r=http://www.christophermellino.com/2011/10/innovative-health-care-safety-programs-do-more-to-reform-medical-malpractice-claims/"></script></div><div class='dd_button'><a title="Post on Google Buzz" class="google-buzz-button" href="http://www.google.com/buzz/post" data-button-style="normal-count" data-url="http://www.christophermellino.com/2011/10/innovative-health-care-safety-programs-do-more-to-reform-medical-malpractice-claims/"></a><script type="text/javascript" src="http://www.google.com/buzz/api/button.js"></script></div></div></div><p>Tort reform and especially caps to medical malpractice damages is a hot button topic. No one seems to get the premise behind penalizing patients twice for medical negligence.</p>
<p>It is public knowledge that medical negligence in the USA (and other countries) is, quite frankly, rampant. Recent statistics show that medical mistakes happen in one third of hospital admissions, and it will get worse as the population grows, the health care system gets overtaxed, the number of doctors dwindles and the pressure cooker that medical professionals work in continues to get more stressful.</p>
<p>What is completely incomprehensible is the fact that politicians, and authorities in other industries like insurance, insist on trying to reduce accountability and the legal rights of seriously hurt or dead patients that the medical profession failed. It is actually not much of a surprise that politicians and the insurance industry are holding hands in trying to reduce legal accountability. Their bottom line is keeping the dollars they make on insurance, not giving it out to patients. </p>
<p>Not all insurance companies are avaricious vultures. In fact, there is the odd insurance carrier that has decided to take a progressive step forward by suggesting to hospitals that they implement a comprehensive patient safety program. This particular program, rolled out in the labor and delivery unit at one of New York’s largest hospitals, saw insurance claims drop.</p>
<p>What did they do? Among other things, the program required training teams with the aim of improving communication, implementing e-medical record charting to eliminate any mistakes in reading doctor’s handwriting, revamped on-call scheduling, set up new drug regimens, ensured physician’s assistants were used appropriately and held obstetric emergency drills. This is innovative and really, these steps should be implemented when a mother delivers a child.</p>
<p>The results of these changes indicate that the program significantly reduced adverse events and, in turn, had an immediate impact on compensation payments. By educating the obstetrics team, making lines of communication clearer, making safety changes for patients and improving how patients were treated, the number of medical malpractice claims dropped. Why are politicians and other authorities not speaking up about this?</p>
<p>If people truly paid attention to this issue, they would recognize that penalizing medical malpractice victims twice – once when their doctor fails them and twice when the courts unjustly diminish an equitable award – does not help the victim. It does not help the system reduce medical malpractice claims. Instead, the claims remain at an all-time high and more awards (at a lesser amount) are being paid out for medical errors. </p>
<p>On the other hand, teach medical professionals these steps and they can then protect and save lives more. Teaching a medical team how to work with and for their patients, and fewer medical errors are made and compensation claims drop. That is what saves money. Stealing the bulk of a medical malpractice plaintiff’s jury award for an egregious act committed by a doctor does not save money, unless you count the money the insurance company kept. Never forget that a victim’s life was completely ruined by medical negligence – the kind of medical negligence that doctors seem to think they should not have to pay for, in any way, shape or form.</p>
<p>In other words, what happens to the victim in all this? This is an issue that people need to take a prompt, close look at. As a nation that prides itself on justice for all, it is stunningly ironic that governments and insurance companies think denying medical malpractice victims their due justice is an okay thing to do. It is not – period. </p>
<p>Christopher Mellino is a <a href="http://www.christophermellino.com/">Cleveland Malpractice Lawyer</a> specializing in <a href="http://www.christophermellino.com/">Cleveland Medical Malpractice</a> cases in Ohio. To learn more, visit Christophermellino.com.</p>
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		<title>Medical Malpractice Caps are Unfair and Inequitable for Affected Individuals</title>
		<link>http://www.christophermellino.com/2011/09/medical-malpractice-caps-are-unfair-and-inequitable-for-affected-individuals/</link>
		<comments>http://www.christophermellino.com/2011/09/medical-malpractice-caps-are-unfair-and-inequitable-for-affected-individuals/#comments</comments>
		<pubDate>Thu, 29 Sep 2011 02:46:27 +0000</pubDate>
		<dc:creator>jferris</dc:creator>
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			<content:encoded><![CDATA[<div class='dd_post_share dd_post_share_right'><div class='dd_buttons'><div class='dd_button'><script src='http://widgets.digg.com/buttons.js' type='text/javascript'></script><a class='DiggThisButton DiggMedium' href='http://digg.com/submit?url=http://www.christophermellino.com/2011/09/medical-malpractice-caps-are-unfair-and-inequitable-for-affected-individuals/&amp;title='Medical+Malpractice+Caps+are+Unfair+and+Inequitable+for+Affected+Individuals'></a></div><div class='dd_button'><script type='text/javascript'>reddit_url = http://www.christophermellino.com/2011/09/medical-malpractice-caps-are-unfair-and-inequitable-for-affected-individuals/;reddit_title = Medical+Malpractice+Caps+are+Unfair+and+Inequitable+for+Affected+Individuals;reddit_newwindow='1';</script><script type='text/javascript' src='http://www.reddit.com/static/button/button2.js'></script></div><div class='dd_button'><iframe src='http://api.tweetmeme.com/button.js?url=http://www.christophermellino.com/2011/09/medical-malpractice-caps-are-unfair-and-inequitable-for-affected-individuals/&amp;source=&amp;style=normal' height='61' width='50' frameborder='0' scrolling='no'></iframe></div><div class='dd_button'><a name='fb_share' type='box_count' share_url='http://www.christophermellino.com/2011/09/medical-malpractice-caps-are-unfair-and-inequitable-for-affected-individuals/' href='http://www.facebook.com/sharer.php'>Share</a><script src='http://static.ak.fbcdn.net/connect.php/js/FB.Share' type='text/javascript'></script></div><div class='dd_button'><script src="http://www.stumbleupon.com/hostedbadge.php?s=5&amp;r=http://www.christophermellino.com/2011/09/medical-malpractice-caps-are-unfair-and-inequitable-for-affected-individuals/"></script></div><div class='dd_button'><a title="Post on Google Buzz" class="google-buzz-button" href="http://www.google.com/buzz/post" data-button-style="normal-count" data-url="http://www.christophermellino.com/2011/09/medical-malpractice-caps-are-unfair-and-inequitable-for-affected-individuals/"></a><script type="text/javascript" src="http://www.google.com/buzz/api/button.js"></script></div></div></div><p>When unspeakable tragedy hits close to home, medical malpractice caps are a brutal reminder that justice is sworn to protect the innocent, but does not always do so.</p>
<p>This is a really hard story to read about, and many others may have had something similar happen to them. The story involves a young boy, full of promise for the future and happy.  This boy could figure out just about anything for himself, even at the age of three years old. Then one day, the unexpected happened, and the little boy fell face first onto a sharp stick that drove itself into the right side of his mouth, face and sinus cavity.</p>
<p>When the young boy was taken to hospital, the surgeons operated and repaired the damage, discharging the boy to home care after they had taken cultures to test for any bacteria that might have been present. All was well for a few days, until the little boy developed a high fever, became lethargic and was taken back to the hospital for help. The parents asked for a brain scan as they thought his brain may be injured as a result of the stick that pierced his sinus cavity. The doctors rejected that idea and that is when things went wrong for the little boy. He was diagnosed with meningitis, which was a wrong diagnosis that would eventually result in the boy being sent into a medically induced coma.</p>
<p>What had actually happened? It turns out that young boy had an undiagnosed and ruptured abscess in his brain that was caused by the accident. He was left severely brain damaged, blind, and unable to do anything other than the simplest and most basic of tasks because earlier cultures were not read sooner and the medical experts overruled the parent’s request for a brain scan. Treatment would not have been delayed nor would it have been the incorrect treatment if time had been taken to truly analyze his injury.</p>
<p>This case went to trial and the jury awarded the family $7.1 million, but the award was capped at $250,000. And how does this help to care for a child with such catastrophic problems? It does not, period. His parents have no idea how he will be cared for in the future and feel what money he did receive will run out, and he will not get proper or adequate care in the future. </p>
<p>The medical pundits that made the errors that cost this young boy a promising life will not be held responsible for the full extent of the boy’s injuries. He has been wronged by the medical malpractice capping in his state. Over time, from the age of 2-years-old to his current age of 21-years-old, he has had at least 23 various surgeries. He needs almost around-the-clock supervision and his movement is limited due to the cerebral palsy from the brain trauma.<br />
The family faces a real dilemma every day – will their son’s money for care run out before he passes away? Will they pass away before him? While dealing with those and other questions, they became aware of the medical malpractice capping debate. They were particularly angered by people – insurance companies and politicians – who told them the cap would be helpful for them as a family. To this day, they vigorously disagree with that line of thought. It certainly has not helped their son, nor will it ever benefit them in the future.</p>
<p>This is an issue that has the potential to touch many lives and to also harm many.  If you have been in a situation like this or feel you have been the victim of medical malpractice, do not hesitate to pick up the phone and call an experienced Cleveland medical malpractice lawyer. Find out what the law is in your state. Advocate for the right to receive what you truly deserve in a situation like this one. Speak out for those who have nowhere to turn and who will not get justice. Medical malpractice caps are inhumane, unethical, and punitive – an anathema to the justice system. </p>
<p>Christopher Mellino is a <a href="http://www.christophermellino.com/">Cleveland Malpractice Lawyer</a> specializing in <a href="http://www.christophermellino.com/">Cleveland Medical Malpractice</a> cases in Ohio. To learn more, visit Christophermellino.com.</p>
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		<title>Statistics Show the Worst Months and Days for Surgery Errors</title>
		<link>http://www.christophermellino.com/2011/09/statistics-show-the-worst-months-and-days-for-surgery-errors/</link>
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		<pubDate>Fri, 23 Sep 2011 02:42:16 +0000</pubDate>
		<dc:creator>jferris</dc:creator>
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			<content:encoded><![CDATA[<div class='dd_post_share dd_post_share_right'><div class='dd_buttons'><div class='dd_button'><script src='http://widgets.digg.com/buttons.js' type='text/javascript'></script><a class='DiggThisButton DiggMedium' href='http://digg.com/submit?url=http://www.christophermellino.com/2011/09/statistics-show-the-worst-months-and-days-for-surgery-errors/&amp;title='Statistics+Show+the+Worst+Months+and+Days+for+Surgery+Errors'></a></div><div class='dd_button'><script type='text/javascript'>reddit_url = http://www.christophermellino.com/2011/09/statistics-show-the-worst-months-and-days-for-surgery-errors/;reddit_title = Statistics+Show+the+Worst+Months+and+Days+for+Surgery+Errors;reddit_newwindow='1';</script><script type='text/javascript' src='http://www.reddit.com/static/button/button2.js'></script></div><div class='dd_button'><iframe src='http://api.tweetmeme.com/button.js?url=http://www.christophermellino.com/2011/09/statistics-show-the-worst-months-and-days-for-surgery-errors/&amp;source=&amp;style=normal' height='61' width='50' frameborder='0' scrolling='no'></iframe></div><div class='dd_button'><a name='fb_share' type='box_count' share_url='http://www.christophermellino.com/2011/09/statistics-show-the-worst-months-and-days-for-surgery-errors/' href='http://www.facebook.com/sharer.php'>Share</a><script src='http://static.ak.fbcdn.net/connect.php/js/FB.Share' type='text/javascript'></script></div><div class='dd_button'><script src="http://www.stumbleupon.com/hostedbadge.php?s=5&amp;r=http://www.christophermellino.com/2011/09/statistics-show-the-worst-months-and-days-for-surgery-errors/"></script></div><div class='dd_button'><a title="Post on Google Buzz" class="google-buzz-button" href="http://www.google.com/buzz/post" data-button-style="normal-count" data-url="http://www.christophermellino.com/2011/09/statistics-show-the-worst-months-and-days-for-surgery-errors/"></a><script type="text/javascript" src="http://www.google.com/buzz/api/button.js"></script></div></div></div><p>There is a time to have surgery and a time when it is best to avoid it. Statistics show that July is a bad month for surgical malpractice deaths.</p>
<p>According to The Journal of General Internal Medicine, there is a hike of up to 10 percent of fatalities during that summer month. Why would that be? Turns out that is when new doctors-to-be, also known residents, are starting their training. The definitely should make patients pause about when to schedule surgery.</p>
<p>To be fair, the figures are not exclusively pointing at surgery as being the main cause of deaths during that month. Instead, there is a potpourri of reasons, including mistakes in prescribing and giving medication, in addition to messing up during a surgical procedure. If you stop to think about this, it should not really come as too much of a surprise. There are close to 100,000 deaths every year as a result of medical mistakes in the USA.  About one in seven patients suffer from medical malpractice that causes serious harm, permanent injury, or death.</p>
<p>What do you do with these kinds of statistics? Is there something that can be done to protect your health, now and, yes, even in the month of July?  There are a number of things patients can do to be proactive. These days, if you do not stick up for yourself, ask lots of questions, do your own research and make sure you understand what treatment(s) you receive, you run the risk of being on the wrong side of a medical malpractice experience. Asking questions and being informed may save your life.</p>
<p>Before you take a trip to a hospital for a surgery or anything else, ask them about their infection rate. While that may seem strange, the fact is just about 31,000 patients die every year from infections they caught while in the hospital. Hospitals measure their infection rates by something called catheter days. In other words, this is the number of 24 hour periods where a patient has a tube in them. Ideally, you want a rate of 0 in one thousand catheter days for a year or more. If it is higher than three days, book into another hospital.</p>
<p>There is no harm in asking your doctor how many times they have done the procedure you are booked to have. It is your body. If the doctor just says that they are the doctor and to just trust them, shop around for another more compassionate physician, with a better bedside attitude. If you are asking these questions on a Friday, then you might want to think twice about agreeing to take that slot. Elective surgery done on Fridays typically means the operating room staff are drained from a long week and running on residual energy. If they are tired, mistakes happen. In fact, avoid going to a hospital on a weekend, as staffing levels are not what they should be, labs are slower and doctors on call are out of the hospital at home. </p>
<p>Prescription errors and improperly prescribed medications are major causes of hospital deaths. In institutions with e-records, the error factor dramatically drops. Choose a hospital that uses electronic records, as it acts as a safety back up for you to protect you from drug interactions, wrong doses and wrong prescriptions.</p>
<p>Still find yourself faced with a sticky situation that you feel was the result of medical malpractice? Call an experienced Cleveland medical malpractice lawyer and find out precisely what you are dealing with and how to file a lawsuit. Not all bad medical outcomes are classified as medical malpractice, so it is best to consult with an attorney.</p>
<p>Christopher Mellino is a <a href="http://www.christophermellino.com/">Cleveland Malpractice Lawyer</a> specializing in <a href="http://www.christophermellino.com/">Cleveland Medical Malpractice</a> cases in Ohio. To learn more, visit Christophermellino.com.</p>
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