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.

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.

When something goes wrong during the birth of a child, it could be as the result of medical negligence.

The important thing to remember is that not “all” incidents that happen at birth are the result of medical malpractice. The only way to determine that, if you have concerns about something that may have happened to your child, is to talk to an experienced Cleveland medical malpractice lawyer.

Many birth injuries impact the whole family, not just the child, and may have lasting complications for the rest of the child’s life. For this reason, if you suspect something went wrong during your labor or while you were being cared for while in hospital, speak to a skilled lawyer who will be able to advise you what types of incidents are normally classified as medical malpractice.

One well-known birth injury result, and also one of the most severe injuries, is cerebral palsy. Other injuries that follow closely behind in terms of severity are Erb’s palsy, petechial hemorrhaging in the eyes, broken bones, facial paralysis, bruising, brain damage, forceps and vacuum injuries, and temporary or permanent paralysis.

Statistics provided by a US National Heath Care Quality report in 2009 indicate that birth injuries have fallen since 2003, but there is still room for improvement. The 2009 report indicated 2 birth injuries take place in every 1,000 births, down from 7 in 2003.
If the injury to the baby was the result of medical negligence, the improper use of a medical device, the failure to make a correct or timely diagnosis relating to fetal distress, or not properly caring for the mother or the baby, the injured parties have the right to compensation for their injuries and the pain and suffering.

If a birth injury or subsequently a wrongful death could have been avoided but for the negligence of a medical professional, this is the time to consult a Cleveland medical malpractice lawyer. Typically speaking, the general rule of thumb relating to medical malpractice cases is that doctors (and other medical professionals) are duty-bound to provide their patients with an accepted standard of care. If they fail to provide that care, they are in breach of their stated duty and the parents may be able to file a lawsuit.

Compensation that may be sought in a lawsuit of this nature may include funds for a permanent disability, medical expenses, loss of future earnings, pain and suffering, special expenses related to caring for the disabled child, and special equipment to assist the child to live a relatively normal life.

Each state has its own rules and regulations when it comes to the amount of compensation that may be awarded in a medical malpractice case. This is also something you really need to talk to a Cleveland medical malpractice lawyer about, as there is something in place in many states called “capping” that means only a certain amount of money may be awarded in a case like this, despite what the injuries may be.

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

If your child has been diagnosed with cerebral palsy, you’re not alone.

Generally speaking, the most common type of cerebral palsy, spastic cerebral palsy, affects from 70 to 80 percent of patients diagnosed with it – including babies at birth. Unfortunately, if your baby has a difficult delivery, or something went wrong during the labor, the child’s cerebral cortex may wind up being badly damaged. This means not only that you need to speak to a Cleveland medical malpractice lawyer immediately, but that you need information on how to cope with your child’s disability.

This kind of a disability may mean around-the-clock care for the rest of your child’s life; something that is a significant financial burden to most families. If negligence played a part in your child being born with spastic cerebral palsy (and not genetics) you may have cause to file a medical malpractice lawsuit. If that is indeed the case, a lawyer will outline the types of damages you may be able to claim in your lawsuit.

Spastic cerebral palsy is usually widely recognized and defined by how it affects the muscles in the body. Typically, muscles tend to work in pairs, as a team if you will, and when one group contracts, the other loosens. This lets the person move whichever way they choose. With spastic cerebral palsy, the movements are not normal because the brain can’t send the right signals to the body’s muscles to tell them how to properly coordinate. Since the muscles don’t work the way they are supposed to work, they are constantly tense, otherwise referred to as spastic.

Interestingly enough, despite the fact that the muscles are involved, this condition is a brain disorder and will not change over the course of a lifetime. Unfortunately, the muscle tension does get progressively worse, meaning those with this disorder must have therapy to keep them from becoming more rigid. These are the kinds of facts that you will find out when you are talking to a Cleveland medical malpractice lawyer; whether or not your child acquired spastic cerebral palsy as a result of a birth injury.

Most children who have been born with spastic cerebral palsy don’t have deformed legs or arms. This does tend to develop over time though because of the muscles contracting. If a person with this type of cerebral palsy gets too anxious or over exerts themselves, their condition gets worse making stress and plenty of rest vital for them; all the more reason to keep their therapy and training sessions short.
While there are treatments out there for children and adults with spastic cerebral palsy, there is no cure for it despite extensive research being done in this area. One other rather controversial option is Botox injections in the spastic muscles, something that apparently lasts up to four months. Unfortunately, it only takes just one misplaced needle loaded with Botox to cause a whole host of other problems, including death.

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

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.

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.

In a case truly bizarre in its outcome, a young mother is severely injured by a child’s toy. She is no longer able to live life as she once knew it.

When we heard about this case, we found it to be very disturbing for a number of reasons. The first one was that it involved a dangerous/defective child’s toy that totally destroyed the life of a young mother.

The second reason is that the law relating to defective product design and failure to adequately warn users of potential problems weren’t addressed properly or sufficiently when the toy, a Juggling Disc, was marketed. Products liability law involves addressing issues of fault, quality control, marketing, design and other matters.

Consumers buy and use products expecting they will perform their intended function, and be safe to use. In light of government and industry standards, this is a reasonable expectation. However, despite efforts to keep products safe, people are still injured by dangerous products.

What happened here is that the young mother had this “toy” thrown to her and in the process sustained a life altering eye injury. This item was marketed as a child’s toy, but was actually a set of professional juggling discs. Those discs, due to the way they are made – very rigid, with no flexibility – are not really intended for first time users and they are definitely not suitable for children. Nonetheless, for some reason the maker of the Juggling Discs was marketing them in the toy section of stores without any warning or age recommendations.

The disc thrown at this young woman hit her in the right eye causing trauma so severe the eye will likely die, and need to be removed. If that happens, she will need an eye transplant. Currently her cornea and iris are so traumatized she needs transplants. The pupil and sclera are also damaged and she also suffered an enormous loss of vitreous fluid from the eye.

Her medical restrictions are so rigorous she is unable to care for her 3-year-old son and must live life lying down at a 45-degree angle awake and asleep. She may not drive, go to college or work. She is not able to lift anything over ten pounds, must not bend over for anything, sneeze too much, and needs to regularly take laxatives to alleviate eye pressure. She may not get her eye wet and her family needs to give her all medications.

Her injuries are so devastating, she needs constant care at all times; something that is quite costly since she is facing future eye surgery, various medications and therapy and counseling. Her whole future has gone up in smoke because of a child’s toy that is so dangerous it results in catastrophic eye damage.

When bad things happen to good people, it’s time to talk to a highly skilled personal injury attorney, who will take a case such as this to court to get justice for the innocent victim. Makers of “toys” like this need to be held accountable for their defective product design, quality control and insufficient marketing.

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

Defective seatbelts can cause life-altering personal injuries and death. When the belt fails, the passenger may be ejected from the vehicle.

This is a case that we recently heard about and it involves product liability wrongful death. It was an unnecessary death, another in an increasingly long line of deaths chalked up to automakers more intent on financial gain than passenger safety.

This particular lawsuit was filed against Subaru of America, Fuji Heavy Industries of Japan and a firm called Autoliv North America. In this case, a 2001 Subaru Forester restraint system failed to adequately protect a young woman by the name of Michell Dodds (names have been changed to protect the victims). The vehicle was made and sold by Subaru America and Fuji Heavy Industries; the seat belt (restraint system) manufactured by Autoliv North America.

The horrendous rollover crash took place in 2006 just after Dodds had lost control of her vehicle. It flipped several times, finally landing on the roof of the vehicle. As the accident was happening, the seat belt webbing tore completely, leaving her unrestrained. She was ejected from the vehicle and killed. Dodd’s daughter, Tori, sustained severe and permanent injuries as a result of the crash.

What was defective aside from the seatbelt? In instances like this, the crash worthiness of the vehicle is called into question, much like the current fiasco facing Toyota and all its recall. The lawsuit alleged the Forester had a defective seat belt and window system, insufficient lateral and roll stability and not enough strength and structural integrity to handle the kind of roof crushing forces sustained in a rollover.

Tellingly, the suit also identified the fact that the defendants in the case had known about the glass problem since 1970. Unsupported, tempered glass in rear and side windows had contributed to hundreds of ejections during rollover and side impact accidents, with disastrous results. The company did nothing to warn the general public about this, despite technical evidence published that strongly recommended using a metal framework and laminated glass/ejection resistant glazing. No modifications were made to their vehicles due to concerns about cost.

Six other reports dealing with this same subject matter were also written by the National Highway Traffic Safety Administration, who suggested a modified window frame and laminated windshield type glass or other types of glazing to keep passengers in their vehicles during an accident. Evidently, the reports were ignored and test data was misrepresented to show Subaru’s windows were safe in accidents; a fact that was blatantly untrue, as the defective systems meant vehicle occupants were at high risk for serious brain and spinal cord injuries.

The lawsuit will seek damages for the daughter for wrongful death; pain and suffering; personal injuries; permanency of the devastating physical injuries the daughter suffered; medical costs and loss of past and future earnings. As you can see, this is a major case and will have a major outcome.

Unfortunately, accidents like this may happen at any time, to anyone, anywhere. If you or someone you love has been involved in an accident such as this one, contact a competent and dedicated products liability wrongful death attorney with extensive experience in digging beneath the surface of cases such as this. It’s a call well worth your time and trust.

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

Let’s take a look at a case we heard about where there was a $1.5 million settlement for the young daughter of an unarmed man shot to death by a transit officer. This case didn’t make it to court, as transit officials agreed to settle out of court. It took one very long year for the fiancée of the deceased, who is raising their 5-year-old daughter, to get the award which is still to be approved by a judge.

The facts of the case involve a transit officer and several young adult males, who were pulled off a train onto a transit platform, for fighting. According to the defendant, the transit officer, his intention was to use a stun gun on the deceased as he lay face down on the platform. Instead of using the stun gun, the officer pulled his handgun and shot the man.

The whole incident was caught on videotape by a number of eyewitnesses and went viral as a video on the Internet. The death caused a great deal of public outrage and numerous protests. The video was used for evidence in a preliminary hearing. In light of the video, mediation was attempted, but only one of two plaintiffs, the fiancée, was offered a settlement. The deceased’s mother has not settled and it is expected that her case will make its way to court.

The fiancée’s settlement will amount to an annual allowance, something most commonly referred to as a structured settlement, and once the youngster turns 18, and she will have access to more money. The payout, with interest over a 20 year period is estimated to be between $4 million and $5 million. It was a tough case, as it is difficult to actually calculate how much is lost financially due to the death of the father. Obviously the attorney representing the fiancée realized the goal was to secure the child’s financial future.

The whole point of wrongful death cases is something that a great many people don’t understand. They are not about revenge. They are about financial compensation for the loss of a beloved member of the family who provided income, companionship and other invaluable services as a member of that family unit. Wrongful death cases are about making sure those who suffered such a devastating loss are able to go forward with their lives, knowing they have the finances to carry on.

Cases like this one may happen to anyone. Every day someone dies due to the negligence of another. Every day someone contemplates the merits of filing a wrongful death suit. It takes guts and courage to go forward with something like this after such a horrendous loss. Negligence that takes another’s life is negligence that needs to face the call to justice for the victim’s family.

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

Undergoing an invasive pelvic exam while you are under anesthesia may be cause for a medical malpractice lawsuit.

In a world full of unspeakable things, where one should feel safe in a hospital while in the hands of good doctors, comes the latest highly unsettling news; pelvic exams performed on women without their consent while they are under anesthesia. If this doesn’t make you cringe and wonder what the devil those doctors think they are doing, nothing will. In most instances when this kind of violation occurs, it has been done by medical students.

How can they do this without the patient’s consent? This is the $64 million dollar question with seemingly no really good answer and a serious violation, but it’s being done in the US and in Canada. This very personal and very private routine exam normally done in a doctor’s office or at the behest of a gynecologist is being done whenever and wherever possible in hospitals to unconscious patients.

Is this kind of activity just the tip of the iceberg and are there other nasty little secrets being withheld from patients? Yet another very pointed question that no one seems to be in a hurry to answer. This ‘secret’ was first outted by a Canadian doctor, Dr. Sara Weinberg, whose brother called her for advice as a result of his rotation on the obstetrics and gynecology service.

Dr. Weinberg’s brother had been asked to do a pelvic exam on a woman under anesthetic. He would not do it as he felt that doing it without informed consent would be unethical. Startled to realize she had done the same thing in training, she asked others about their experiences. It seems that close to 72% had done exams on unconscious patients. The prevailing argument for doing this was because it offered the medical students a unique opportunity to practice this very private exam without causing pain or embarrassment.

For some reason many doctors are of the opinion that patients don’t want students performing this type of exam. That may well be the case, but it doesn’t make it acceptable to turn around and have it done to someone who is out like a light and totally vulnerable. Sneaking around to do this kind of exam without permission hits a new level of low behavior in the medical field.

While some may be thinking the woman knew about this exam prior to surgery and anesthesia, the study Dr. Weinberg conducted discovered that perhaps one in five may be aware this type of exam would be performed on them while unconscious. Whether or not there are patients who may agree to this type of an exam under these circumstances is not the point.

The point is it isn’t ethical to do it without permission, and this doesn’t even begin to address the possibilities of injuries to the cervix at the hands of some of the clumsier students; the risk of infection or the possibility of internal injuries due to the slip of an instrument. Good medicine means informed consent and patients being treated with respect and dignity. An invasive non-consensual pelvic exam done under anesthesia is not treating the patient with respect and dignity.

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