“Missouri’s Supreme Court has recently ruled that the cap on pain and suffering damages in a medical malpractice case, which is set at $350,000, is unconstitutional, as it deprives patients/victims of their right to a trial by jury. It’s about time rulings like this are being handed down,” added Christopher Mellino, a Cleveland medical malpractice lawyer of Mellino Robenalt LLC, in Ohio. “For those who strongly believe in constitutional rights, this decision is welcomed with open arms.”

The Court’s opinion included a bit of history relating to the Missouri Constitution of 1820, which in a nutshell, stated residents of Missouri had a common law “right” to ask for damages for medical malpractice. To limit damages is to limit a jury’s fact finding function, which is in violation of the constitutional right to trial by jury.

The case involved a mother whose son was born with catastrophic brain damage. The doctor in charge of the delivery delayed an emergency C-section. At trial, the jury awarded the boy $1.45 million for pain and suffering. The award was reduced by the judge to $350,000, in accordance with Missouri’s cap for medical malpractice cases. “On appeal, this decision was overruled,” explained Mellino.

“What was the reaction of the state medical association? It was not impressed, with their president suggesting the decision turned the clock back to a time when there was a medical malpractice lawsuit crisis. On reflection, if there was a crisis, it only developed because there ‘was’ medical malpractice present. So, really, they have that backwards, particularly when it comes to patient rights,” Mellino remarked.

Statistics released by the Missouri Medical Association revealed that since their medical malpractice law had been enacted, in 2005, lawsuits dropped by just about 58 percent, and there had been an influx of roughly 1,000 doctors, and that medical malpractice insurance premiums had dropped almost $27 million.

“The reason they dropped,” Mellino suggested, “is less likely due to the cap and more likely due to the fact that with the cap, patients could not get justice and could not sue for fair damages, and thus had to try and cope on their own, at a significant financial disadvantage. In light of this recent decision, medical malpractice patients now have the chance to sue for injuries caused by medical negligence, and that is a good thing.”

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

Contact a Cleveland Medical Malpractice Attorney.

Don’t wait to file your medical malpractice claim because they often take years to resolve, and many states have a time limit regarding when you can file. Contact Mellino Robenalt LLC today at 888-457-1147 for a consultation regarding medical negligence to determine if you have a case. You deserve compensation for your suffering, so act now. Also order a copy of our FREE Ohio Medical Malpractice Guide!

In addition, Massachusetts state officials found “visible particulate black matter” in vials of the drug that have been recalled. Testing by the FDA later determined that the black matter was determined to be a fungal contaminant.

These blatant violations of safety standards by NECC were released by officials from the State of Massachusetts yesterday and will provide valuable evidence to lawyers for the victims of the meningitis outbreak.

In addition, the Governor of the State of Massachusetts has indicated that there is currently a criminal investigation against NECC. Victims families can however still receive financial compensation for death claims and injury claims related to the contaminated steroid injections from NECC’s insurance carrier.  Even those who received a steroid injection that was processed by NECC but who have not affected by a contaminated injection, may be entitled to compensation for the agony and mental anguish suffered because of the threat of illness.

Seeking Help from a Cleveland Medical Malpractice Attorney 

If you have questions about a potential claim related to  steroid injections or to learn about your legal options, contact an attorney at Mellino Robenalt, LLC at 1-888-457-1147 or 1-440-333-3800. You should also prepare for your initial meeting by ordering a copy of our FREE book.

Not everyone is going to be thrilled with the outcome of a medical event. Perhaps they needed gallbladder surgery, a broken arm reset, an angiogram or cancer surgery. All medical procedures come with a certain level of risk for the patient, and in most instances, they are fully aware of what those risks are in having the procedure done, just as they are aware of what may happen if they do not have it done.

Most medical procedures and treatments go without a hitch. There is the odd one that does not go as planned and the challenge at time is to figure out whether or not the patient was a victim of medical negligence or just a bad outcome, something the doctor may not have any control over. This is why patients are asked to sign informed consent forms prior to any treatment or surgery, acknowledging they are aware of the nature of the treatment, what other alternatives there are and what risks they may face.

There certainly are instances where an informed consent form was not given to the patient, was given to the patient when they were under the influence of mind-altering drugs or handed to them just before they hit the operating room. Under those circumstances, there may well be a case made for medical malpractice. However, the patient must also be aware that signing those consent forms does not guarantee them results and that they are additionally agreeing that their procedure does have risk and that the results may not always be what they expect.

To initiate a medical malpractice lawsuit, the patient needs to show that the doctor was negligent. In legal terms, that would mean that the doctor’s conduct fell way below the accepted standard of treatment by others in the same area of practice. For instance, medical malpractice may be present if the doctor gives a patient the wrong blood type, removes the wrong leg while amputating, leaves a surgical instrument inside a patient or operates on the wrong patient.

Stranger things have happened, and some of them are the direct result of negligence. Some of them are a bad outcome to a situation in which everything else was done correctly. The difference between medical negligence and a bad outcome is something you need to speak to a qualified Cleveland medical malpractice lawyer about. Their job is helping people who have been harmed by medical negligence. If you suspect you may have been a victim of a medical error, do not hesitate to call a Cleveland medical malpractice lawyer and find out what your rights are.

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

How Can Sleep Deprivation Cause Nurse Errors?

Many nurses work 12-hour shifts and may go without sleep for as long as 24 hours to adjust to their schedules. Their circadian rhythms can be thrown off, resulting in a disruption of the body’s clock. Nurses who fall into these patterns may experience:

• extreme tiredness;
• inability to cope with stressful situations;
• decreased reactions or response time;
• headaches and general fatigue;
• concentration and memory problems; and
• blurry or fuzzy vision.

When these things happen, the likelihood that a nurse will make a mistake is increased dramatically. If you or a loved one were hurt or injured by a tired healthcare professional that committed nurse errors, a Cleveland medical malpractice lawyer may be able to help. During a free consultation, a member of the team at Mellino Robenalt, LLC will help you determine the cause of your medical injury and what legal steps you can take. You may only have a limited amount of time to file, so don’t wait — contact us today. Call 1-440-333-3800.

According to the Federal Motor Carrier Safety Administration, truck drivers who text and drive are violating a federal law that’s been in effect for over a year.

This means that if your lawyer can prove that the truck driver was texting, they could face:

• civil penalties;
• fines; and
• any proceeding lawsuits made against the truck driver or truck company.

People who text while driving put themselves and others on the road at risk, but for truck drivers, there’s a higher risk of death. When a truck driver texts while driving, they are traveling much further than daily passenger cars do, and when they get in the habit of looking away from their for the few seconds it takes to look at a phone, they are doing it over a larger distance and more often.

One statistic that is so astounding it cannot be ignored, is that drivers who use their cell phones to send text messages are twenty times more likely to have an accident. With a truck, the accident is often much more serious than a car accident, which is why it is so important to do take a stand for yourself in a driving and texting situation.

Contact a Cleveland Truck Accident Attorney

If you’ve been injured, or a loved one has passed away because of a truck accident, contact a Cleveland truck accident attorney at the Mellino Law Firm. With a free consultation, you can find out if you have a case, so you can get the compensation you deserve. Call 440-333-3800 to set up your consultation appointment now.

The first is to look up and contact the state medical board in which the doctor in question is certified. Most state medical boards have an online presence, which makes searching for claims filed against medical professionals easy and accessible; however, you may also choose to contact the board by phone or mail. Usually all you will have to do is enter their name and city. If disciplinary action has been taken against a doctor, it should usually be listed here.

Another option is to look up the clerk of courts in the area of which the doctor practices. These offices should also have websites where you can search for court records or other legal documents. It is important to remember that if claims against a medical professional are still pending or never went to court, they may not be available to the public.

In addition to these methods, you may also choose to do your own independent research by talking to other doctors or people in the medical field. Consumer feedback websites may also be a good place to start. Any Cleveland medical malpractice lawyer will tell you that one of the best ways you can protect yourself from being the victim of medical malpractice is to choose the right doctor.

If you have reason to believe your doctor has made a medical mistake and you would like to file claims against your doctor, Mellino Robenalt LLC can assist you in starting the process and following it through until you get the compensation you deserve. Contact us for a FREE consultation today to initiate legal action: 440-333-3800.

With a Cleveland medical malpractice attorney on your side, you can trust that you will get the right answers and the legal representation you need to recover from the losses you have endured because of another’s negligence.

The compensation limits imposed refer to the following non-economic damages: 

• pain and suffering;
• permanent disfigurement;
• loss of consortium; and
• disability.

There may be other caps for other non-economic damages related to your case, but this is something your attorney can determine for you. The limit on non-economic damages is $250,000 per plaintiff, or three times the amount of the economic damages. This is allowable up to a maximum amount of $350,000 per person and $500,000 per claim/incident. In the event of a catastrophic injury, the cap is set at $500,000 per plaintiff and $1 million per incident.

Examples of catastrophic injuries outlined in the code are as follows: 

• permanent physical deformity to a high degree;
• loss of an organ system;
• loss of limb or limb use; and
• permanent injury (physical) that prevents self-care.

In the state of Ohio, there is no limitation on how much you can receive for economic damages, which include things like lost wages and medical bills.

To find out if you have a valuable case to pursue and how much you may be entitled to, talk to a Cleveland medical malpractice attorney today at Mellino Robenalt: 440-333-3800.

• Making a left turn in front of a truck — A driver may underestimate the truck’s speed and make a left turn in front of the truck, causing it stop suddenly. This can cause the vehicle behind the truck to under ride, or the truck to jackknife.
• Pulling out in front of a truck — A car pulling out in front of the truck to travel in the same lane could be in danger if the truck can’t slow down in time. The truck could override the vehicle that pulled in front or jackknife.
• Trying to get around a turning truck — Because a truck may have to get into the left lane to make a right turn, a car may get into the right lane to pass the truck. This could cause the truck to hit the vehicle trying to pass or the vehicle may hit the truck, resulting in an under ride truck accident.
• Driving in the “no-zone” of a truck — Every truck as a blind spot area that drivers must avoid, or the truck driver may not see the vehicle when changing lanes. A vehicle that remains in the “no zone” could be side swept when the truck changes lanes.
• Improperly merging into traffic — When a car driver merges onto a highway, he or she must speed up or slow down. The truck may have to slow down suddenly if the car does not merge correctly onto the highway, which could lead to a serious auto accident.

For More Information Contact a Cleveland Truck Accident Attorney

If you’ve been in a truck accident and need representation, contact an experienced Cleveland truck accident attorney today. Have your case reviewed by the best in Ohio at Mellino Robenalt. Call 1-440-333-3800 now for a free consultation.

By filing a claim, you may be entitled to receive compensation for a number of damages, including:

• physical and mental pain and suffering;
• loss of quality of life;
• loss of future earning capacity;
• loss of wages;
• costs for medical bills, treatments, and medications that you incurred due to the resulting injury or harm; and
• punitive damages, which go beyond the minimum amount required to compensate for their losses.

If a death resulted from the medical malpractice, additional damages may be recovered by the spouse or dependents.

If you or a loved one suffered damages due to medical malpractice, consider filing a claim to compensate you for your pain and suffering, medical bills, and lost earnings. Call 440-333-3800 to contact a Cleveland medical malpractice attorney at Mellino Robenalt.