This case involves a man who was killed in a bicycle accident. This wrongful death lawsuit was filed on behalf of the father of two by his family.

“This reported wrongful death lawsuit settled for $1.5 million. The man, a molecular research scientist at a university, was killed by a van as he was riding his bike to work in February 2009. The van’s driver worked for a refrigeration and HVAC company. The van driver suddenly made an illegal U-turn, right in front of the man on the bike, and with nowhere else to go, the cyclist hit the side of the van. One of the van’s tires ran over the cyclist, killing him,” said Christopher Mellino. Mellino is a < Cleveland medical malpractice lawyer and wrongful death lawyer of the Mellino Law Firm LLC, in Ohio.

The sudden death of their father caused unimaginable grief for his two daughters, ages 22 and 15. The family, seeking to prevent this type of thing from happening to others, filed a wrongful death lawsuit on behalf of their dad.

“The man rode to work every day and was a very experienced cyclist. The van driver did not see him, but that does not take away from the fact that cars and bikes are sharing the roads more and more these days. The van driver was also not obeying the rules of the road by making an illegal U-turn. In other words, this death should never have happened but for the negligence of the van driver,” Mellino said.

This preventable tragedy is precisely why the family would want to consider filing a wrongful death lawsuit; to stop this kind of thing happening again. Often wrongful death lawsuits are not about retribution, but about doing something in memory of the deceased. In this case, the family wanted to make a point about how important it was to be aware of “all” traffic on the roads, including bicycles.

“If you have been in a situation like this, please, call my office, and I can advise you of your legal options. The more you know, the better informed decisions you make,” Mellino said. To learn more, visit http://www.christophermellino.com.

This case was as shocking as it was distressing for all those involved. A two-year-old toddler died of severe burns from her bath water, only to have her stomach pierced at the hospital.

“There are some cases that just sear your heart and you have a hard time reading about them. This case is one of those that really leave an impression behind, and a sense of sadness for the family. The father in this case filed a wrongful death lawsuit against the maker of a water heater and a doctor that treated his 2-year-old daughter,” said Christopher Mellino. Mellino is a Cleveland medical malpractice lawyer and wrongful death lawyer of the Mellino Law Firm LLC, in Ohio.

The little girl was severed scalded in overheated water in the tub at her home. The investigators measured the heat of the water to be 138 degrees, and also found that the water heater’s thermostat was not functioning properly. The lawsuit stated the thermostat was defective, as the water should have been heated to between 90 and 100 degrees, particularly when bathing babies. The wrongful death lawsuit named the maker of the water heater as one of the defendants, and stated they failed to use reasonable care in making the heater.

When the little girl was burned, she was taken to the nearest medical center, when a doctor intubated her with a tube that was made for an adult. The tube pierced the toddler’s stomach. She died of her injuries. Thus, the doctor was also named in the lawsuit. The lawsuit contains 16 counts and seeks $800,000 in damages. No one is talking to the media or commenting on the lawsuit.

“Medical malpractice? It would certainly seem so if indeed the doctor did intubate the 2-year-old girl with a tube designed for an adult. It would be awfully hard to find a really good reason why that was done, as it is quite obvious that a toddler’s anatomy is completely different than an adult. Wrongful death? Yes, as a result of two things, the severe burns and the medical negligence,” Mellino said.

Will the case be successful? “That is a good question and much of the success of the case will rest on proving the maker of the water heater manufactured a defective unit or a unit with a defective thermostat. The secondary, but no less important issue, is how the child was treated when she got to hospital. I suspect there won’t be too much difficulty in finding an expert medical witness to testify you don’t intubate a small child with an adult tube,” Mellino said.

Cases like this make one stop to think about states that have medical malpractice caps in place. “Are those caps fair given cases like this one, where medical negligence caused the death of a child? It’s something to think about if you are ever in a situation where you have been severely injured, as a result of medical malpractice. Frankly, when a medical malpractice/wrongful death case goes to court, it is going there because it needs to be heard. It is not frivolous and someone’s life usually hangs in the balance,” Mellino said.

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

Not all medical malpractice cases go to court. However, that option remains should settlement negotiations be a wash out.

“When dealing with birth injuries, such as Erb’s palsy, the usual cause of this affliction is improper treatment by the doctor. That might include his or her failure to understand a C-section needs to be done because of the baby’s size, not delivering the baby properly in shoulder dystocia cases and/or using too much pressure on the baby’s head or shoulder during delivery,” said Christopher Mellino.  Mellino is a Cleveland medical malpractice lawyer and wrongful death lawyer of the Mellino Law Firm LLC, in Ohio.

“In cases like that, the family has every right to seek compensation from the medical professional who caused the bad outcome. Does the family have to go to court to obtain compensation? Not necessarily. They may be able to reach a negotiated Erb’s palsy settlement – compensation that may be received if the palsy is the result of medical negligence. The settlement amount depends on the severity of the palsy and the details of the case,” Mellino said.

In many cases handled by a Cleveland medical malpractice lawyer, they ensure the situation they are dealing with amounts to medical malpractice before proceeding. This is because not all bad outcomes with a doctor are medical malpractice. This is one of the primary reasons it is vital to discuss a potential case with an experienced Cleveland medical malpractice lawyer.

“We evaluate whether the doctor failed to estimate the baby’s weight before delivery, to diagnose or treat any gestational diabetes, to treat any other complications or conditions as a result of the pregnancy, to tell the parents about the risks associated with delivering a large baby or not ordering a C-section when necessary, and whether or not they used more force than necessary or resorted to inappropriate delivery techniques. All these things may have a hand in whether or not the baby is born with Erb’s palsy,” Mellino said.

During settlement negotiations, the plaintiff must prove that medical malpractice or negligence caused or contributed to the damages the baby sustained. To do this, the plaintiff needs clear and compelling evidence to obtain a settlement.

“This is my job,” said Mellino. “During negotiations and/or in court, I prove, on behalf of the plaintiff, that there was a doctor-patient relationship; that the doctor did not follow acceptable and reasonable medical standards and that the negligence in not following protocol resulted in birth injuries.”

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

Death comes in many different forms. Wrongful death is even more devastating.

The young girl involved in this accident was in the wrong place at the wrong time; an accident that should not have happened in the first place but for the negligence of a forklift operator.

“The five-year-old girl killed in this accident was hitching a ride on a forklift, along with four other kids. It was intended as a lark, a fun thing to do for the kids. The jaunt was on a private road, and as the 22-year-old operator was moving along the road, it essentially caved in on him and the forklift rolled over down a 4-foot-embankment,” said Christopher Mellino. Mellino is a Cleveland medical malpractice lawyer and wrongful death lawyer of the Mellino Law Firm LLC, in Ohio.

At the time of the accident, there were five children riding on the lift. Two of the victims were critically injured, one was in fair condition, two were unharmed and the fifth was pronounced dead at the scene.

“Of course, one of the first questions investigators at this accident scene would ask is why five small children were allowed to ride on a forklift? That’s hardly a responsible thing for an adult to agree to, given the fact the kids were so small,” Mellino said. “Other questions would be whether or not the lift was defective or poorly maintained, if the driver was under the influence or if the road they were on was poorly maintained or not fixed, despite the private road owner knowing the road was not safe.”

Wrongful death indeed comes in many forms, and in the case of the one 5-year-old girl, her family may wish to file a wrongful death lawsuit against the forklift operator. The other two critically injured children, with serious injuries, would be facing a long road to recovery. Their families may want to speak to a personal injury lawyer to find out their legal rights, how to file for compensation, what to expect should their case go to settlement or to court and what to expect in terms of compensation, given the nature and duration of their children’s injuries.

“These cases are never easy for anyone, particularly if a small child is involved. It is a terrible blow for the parents if the lose a child. It is a terrible blow for the parents when their child is gravely injured as well, largely because they have no idea how they will recover and whether or not they will be able to live a normal life after their recovery,” Mellino said.

When faced with a similar situation, make the first phone call for help to an experienced Cleveland wrongful death lawyer, who will ensure that justice is done and compensation is fair and equitable.

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

Plastic surgery malpractice is an anomaly of sorts. Damage awards in this area for injuries tend to be smaller.

“You’d think if someone was the victim of medical malpractice at the hands of a plastic or cosmetic surgeon, that the damage awards would be relatively high, particularly if the end results were disfiguring. Unfortunately, that doesn’t seem to be the case,” said Christopher Mellino.  Mellino is a Cleveland medical malpractice lawyer and wrongful death lawyer of the Mellino Law Firm LLC, in Ohio.

This is an odd area of not only the law, but medicine. In most cases, this kind of surgery is not covered by health insurance, largely because it is regarded as being an elective procedure. Many juries trying these types of cases, medical malpractice on the part of a plastic surgeon, are often not sensitive to the complaint of the plaintiff, because they feel that the victim chose to have surgery, and are therefore partially at fault for the damages.

While this may not be the case, as there are medical necessity cases even in the cosmetic surgery arena, this seems to be a prevailing myth lawyers have to fight, if they are handling a medical malpractice case involving botched plastic surgery. If it is a case where the actions of the doctor were so egregious that the plaintiff had no choice but to sue for compensation, it will likely go to court. Unfortunately, the plaintiff may find it is an uphill battle to be successful, unless the conduct of the surgeon was so horrific, the jury can hand out punitive damages.

“Keep in mind that punitive damages are only handed down in cases where a medical professional conducted themselves in a grossly negligent manner or that their actions show reckless, intentional or grievous negligence that is the direct cause of serious harm or death,” Mellino said.

Less of a problem in court are cases involving prescription drug errors. The unfortunate part about these errors, though, is that they often go unreported, because the patient does not always realize their problem is drug related. Drug errors are well known to be the cause of serious harm or death. What people may not know is that it is more than just the doctor that may be held accountable for a prescription error. For instance, drug companies, health care staff, nurses and pharmacists.

How is a medical malpractice lawsuit filed? “The complexity of many of these cases means the plaintiff will need the services of a skilled medical malpractice lawyer to find out what options are open to them. They may be able to recover damages for medical bills, lost wages, pain and suffering and therapy, etc.,” Mellino said.

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

If doctors speak out against medical malpractice caps, the public resonates with that. However, politicians think they are blowing smoke.

“What would happen if the relative of a politician, or a politician, were severely harmed by medical malpractice? What if they wanted to take their case to court because their life had been catastrophically affected and they needed medical care for the rest of their lives, but they found out they could only recover $250,000 if they were successful in their suit? What if their ongoing treatment would ultimately cost them millions for the rest of their lives?” asked Christopher Mellino.  Mellino is a Cleveland medical malpractice lawyer and wrongful death lawyer of the Mellino Law Firm LLC, in Ohio.

Tough questions and so far, no one in the political arena has been in that situation. However, there is a doctor whose wife was badly disfigured as the result of an OR fire. He knows firsthand how any bill that moves to cap damages in medical malpractice cases would penalize the victim twice. Most legislation of this nature aims for the same cap on everything from mutilation to paralysis, from blindness to disfigurement and from pain and suffering to death. “If this makes you want to ask what happened to justice for the victim, then you have hit the main reason why so many oppose legislation of this kind,” Mellino said.

Injured patients have rights. They trusted the medical professional they were seeing to do right by them. If the doctor does not do right by them and severely harms or kills them, the patient has the right to demand the doctor take responsibility for his or her actions. Even juries hearing medical malpractice cases have an ingrained loathing of capping medical malpractice damages when evidence of a medical fiasco that should have never happened, is right in front of their eyes.

Aside from victimizing a patient twice, offering medical professionals and even pharmaceutical companies immunity for their screw-ups will mean a lower quality of care for people. “If you were a doctor and you knew that no matter what you did, what mistake you made that harmed someone or what the results were, that you would have virtual immunity for those actions, would you still be as careful as you were when medical malpractice lawsuit awards accurately reflected the damages a medical professional had caused?” asked Mellino.

This is not to say that there are not highly conscientious physicians out there, because the fact is there are many who would still offer a superior level of care to their patients. What happens to the unlucky ones who fall through the cracks, get a less than competent doctor and wind up paying a high price for harmful or deadly care? What happened to justice for those harmed at the hands of those they placed trust in to care for them?

“What a victim of medical malpractice should receive is an award handed down by an impartial jury, not an arbitrary limit set by politicians. The jury is the judge of the facts for each medical malpractice case, based on the circumstances of that case. No two cases are alike and no one cap will fit all cases,” Mellino said.

Although some states are also examining exemptions to a medical malpractice cap, the more things change, the more they remain the same. One state, North Carolina, is working to exempt death, permanent injury, disfigurement and the loss of use of the body from any caps. Needless to say, but lobbyists for the insurance industry want the whole thing kiboshed. “So, where is justice these days when it comes to medical malpractice lawsuits?” Mellino asked.

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

Giving birth is a dangerous thing to do. At any point during the process, medical malpractice may happen.

“The parents who find out that their newborn has suffered brain damage at birth or shortly after being born are in deep shock. They went into hospital expecting a healthy baby. What they went home with was a brain damaged baby as a result of birth injuries,” said Christopher Mellino.  Mellino is a Cleveland medical malpractice lawyer of the Mellino Law Firm LLC, in Ohio.

Birth injuries do not always happen, but the chances of something going wrong during labor are relatively high. Giving birth is not for the faint of heart. Giving birth is for the careful and safe delivery of the little one. Unfortunately, that does not always happen. Whether that is the result of a tired doctor, one in a hurry, one under the influence or one that does not have a lot of experience, the end result of a delivery gone wrong could well be cerebral palsy. “Sadly, this happens quite a lot and as a result, it is considered to be a relatively common birth injury,” Mellino said.

This kind of injury is permanent and affects the baby’s nervous system, overall body movement, coordination and muscle control, not to mention their learning ability and eyesight. It is a pervasive disease and there is no cure for it. Parents and the child can only cope as well as they can with cerebral palsy.

“Typically, there are four types of cerebral palsy: spastic, ataxic, atheoid and mixed. Symptoms of any of these palsies may be seen as early as three months, when the parents note their child is delayed developmentally and isn’t walking or crawling normally,” Mellino said.

The most common form of cerebral palsy is spastic, in which the child exhibits jerky and stiff movements. They also have trouble letting go of things. With ataxic palsy, the child will experience poor motor skills and balance and a lack of coordination. The atheoid form of cerebral palsy results in muscle spasms; otherwise referred to as involuntary muscle spasms. Mixed cerebral palsy is a combination of any of the four palsies. Just about 20 percent of all babies born with cerebral palsy will be born with mixed palsy.

“If your baby was born with cerebral palsy, please, give my office a call. I would love to discuss your case with you. The first consultation is completely free and we can go over the details of your child’s birth to determine if medical malpractice was the cause of your child’s condition. If you choose to hire my firm and there is no obligation to do so, we will aggressively represent you and your child in court to obtain justice and fair compensation,” Mellino said.

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

One of the hardest things to diagnose seems to be a heart attack. It often mimics other symptoms and misdiagnosis may lead to death.

“Every year there is one heart attack virtually every 34 seconds, which means hundreds of thousands of people are directly affected by this major event. Medicine these days is nothing short of miraculous, but if the diagnosis is wrong or missed and treated incorrectly, there may be a med mal lawsuit filed,” said Christopher Mellino.  Mellino is a Cleveland medical malpractice lawyer of the Mellino Law Firm LLC, in Ohio.

Consider the case of the man rushed to the ER of his local hospital with chest pain, numbness in his upper body and difficulty breathing. Classic heart attacks signals? “Yes, you would think so, but in many cases, an ER is pandemonium in motion and the attending may not register all the overall symptoms and discharge the man or diagnose him with as having a pinched nerve and needing rest and physiotherapy. Therein lies the danger. If the diagnosis is missed when the time was critical, which is referred to as failure to diagnose, the man may suffer irreversible damage or die,” Mellino said.

If failure to diagnose does result in further damage, the patient has the option to file a med mal lawsuit in order to recover compensation for that damage; damage done as a result of the doctor’s negligence. But for the inappropriate treatment or no treatment suggested by the doctor, the patient may have survived with limited heart damage or his or her life may have been saved.

In cases such as this, the plaintiff needs to prove they went for medical treatment and that the doctor failed to correctly diagnose the condition until more, and possibly irreparable damage, was done. “In other words, if the physician was negligent and failed to diagnose properly, and that meant the patient suffered more harm, the patient may file a medical malpractice lawsuit,” Mellino said.

“If you have been in a situation like this, make your first call to an experience Cleveland medical malpractice lawyer. If you want justice, fair compensation, a voice in court and aggressive representation on your behalf, you need to have an experienced attorney in your corner. It won’t happen any other way,” Mellino said.

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

A 4-year-old who went to hospital for eyelid surgery was overdosed on halothane and stopped breathing.

“This reported case was shocking in a number of ways. The first was that a 4-year-old was assigned to an uncertified nurse anesthetist for halothane administration, and not an anesthesiologist MD. The second was there was no crash cart in the operating room and no doctor available to give CPR. The true insult to injury is that the little boy was without oxygen for 15 minutes before he was taken to another hospital ER. The outcome? The boy was severely mentally impaired,” said Christopher Mellino. Mellino is a Cleveland medical malpractice lawyer and wrongful death lawyer of the Mellino Law Firm LLC, in Ohio.

This is definitely a case of medical malpractice, and one that went the full route to court. The ultimate outcome for the family was that the jury awarded them $6.5 million. It was clear that there was medical negligence/malpractice in the number of egregious errors that took place on that fateful day. The boy had initially gone into the hospital to have a droopy eyelid repaired. What he came home with was far worse and catastrophic; a life completely ruined and a family left in complete shock, knowing he would need complete care for the rest of his life.

“Not every case of a bad thing happening medically is medical malpractice. However, in this set of circumstances, it is quite clear this was not an instance of something bad happening that could not have been reasonably anticipated. Allowing an uncertified nurse anesthetist to administer halothane to anyone, never mind a 4-year-old boy, without a crash cart and no doctor around was not only negligence, it tops this list for complete stupidity,” Mellino said.

Health care statistics show that over 98,000 people a year die as a result of mistakes just like this one. That is frightening, and someone needs to be held responsible for those deaths.

“If you think you have a medical malpractice case, either similar to this one, or another instance, call my office. I would be happy to discuss your potential case with you. It’s my job to help you find justice if you have been harmed by the negligence of a medical professional, should you choose to hire me,” Mellino said.

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