“This is an interesting case (Ott v. Fred Alger Management Inc et al, U.S. District Court, Southern District of New York, No. 11-04418) for a variety of reasons, but what we want to look at is the whistleblower aspect,” explained Tom Robenalt, a Cleveland whistleblower attorney.

The former portfolio manager filed a claim stating she was fired in retaliation for protesting the money manager’s trading policies, which benefited co-workers at her expense, or acted to sabotage her earnings. This lawsuit is one of the first filed after financial reforms were brought into being in 2010. Its reason for being was to ban companies from getting even with whistleblowers.

The woman who filed a whistleblower’s lawsuit, a former U.S. Army Black Hawk copter pilot, stated that the Chief Executive of the company she worked for brought in a new policy that allowed some fund managers to place trades for their funds, before she was allowed to place hers. She was forced to ask permission to make trades. The up side of this change of policy was that the other funds did well, but hers did not. Frustrated over the state of affairs at work, and regarding the policy as illegal, she filed a formal complaint with the SEC in 2010.

It was not long afterwards that she was on the receiving end of harassment at work, had her bonus drastically chopped and was shuffled out of her position. She filed her wrongful dismissal suit in 2011. “Perhaps somewhat typically, the company responded that the woman had created the situation and that her performance was deteriorating,” added Robenalt. “This is more or less the expected response of a company with something to lose. Point the finger of blame at the whistleblower.”

In court, at initial pleadings, the judge considered there was more than enough evidence for the woman to believe the trading policy was illegal and that by complaining about it, it caused her dismissal. It was hard to dispute that conclusion when the Chief Executive officer was heard to remark to another company individual that he had the backing of the board and that the woman would soon start feeling the heat.

“If you are in a situation where you are witness to illegal behavior on the part of your employer, call me. Let’s talk. We can discuss what you have seen, and how it may be handled, should you choose to file a whistleblower lawsuit,” Robenalt suggested.

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

How many people do you know who have dreamt, and maybe even tried, to rip the government off when it comes
to filing taxes or for performing work they did not perform? Stories abound about it. Movies are made featuring
big wheels with lots of money, trying to hide it “somehow”.

Lately, the “somehow”, is to attempt to defraud the federal government by helping other commit tax evasion
and committing other forms of fraud, such as Medicare overbilling, by using the wrong codes, or performing
unnecessary procedures, or billing for procedures not performed. The possibilities for ripping the federal
government off are legion, and whistleblowers have many an opportunity to blow.

Call it under reporting, or fiddling with the numbers, or an indirect fabrication about the facts, but the fact is, fraud
is alive and well, and living in the U.S. As Cleveland, Ohio whistleblower attorneys, we are seeing an increase in
cases such as this.

Sometimes perpetrators get away with it, for a period of time, and then, the government catches up with them.
Consider the latest story to hit the media; a record breaking $104 million award to an IRS informant. There is more
to this story, but the salient point is the informant was a former banker, who revealed a scheme commonly used
by banks, which helped clients to evade paying taxes.

The former banker, now a convicted felon, was paid one of the largest rewards in history by the IRS for his
information. The tax cheat facilitator turned himself in, offering information to prosecute himself, and his now
former client. On prosecution, the IRS and their attorneys acknowledged they could not have succeeded without
his information and cooperation. Said banker ratted on a tax cheat he was helping, went to jail and will come
out 40-months later a millionaire. Indeed, truth is stranger than fiction. Not all cases are like this one. This is an
exception to the usual rule of thumb.

Can anyone turn in a tax cheat or reveal a scheme to defraud the government? Yes, however there are some
rules and regulations you need to know about. Documentation of the scheme is king, as is confidentiality. The
whistleblower program has been revamped and there are several criteria: the large awards program and the not so
large awards program, with the distinction being the percentage of reward an informant may garner later.

The large awards program is applicable when taxes, penalties and interest on a fraud case are in excess of $2
million or, if the taxpayer is an individual whose gross income is in excess of $200,000. Under this program, the
award percentages run from 15 percent to 30 percent of what is ultimately collected after prosecution. The not so
large awards program is for those who do not qualify under the large awards program, and offers 15 percent of the
actual collected proceeds.

You definitely need expert legal assistance from a Cleveland, Ohio whistleblower attorney, to file a whistleblower’s
case. This is because the IRS wants any submissions to make sense, come complete with legal evidence and an
attorney’s memorandum spelling out the law. If it is easy for them to pick up the complaint and run with it, the
chances are higher it will be pursued to conclusion.

Keep in mind whistleblower cases are not about keeping things short, sweet and simple. They typically are lengthy
matters: however, new rules have been passed to expedite the process in certain cases. Your attorney will explain
the situation.

Tom Robenalt is a Cleveland, Ohio whistleblower attorney To learn more, visit Christophermellino.com.

“For parents with a child who has cerebral palsy, it is difficult to know if it was the result of negligence at birth because, neurologically speaking, symptoms of cerebral palsy may not manifest until later in a child’s life. This permanent birth injury is a life-altering event that impacts the whole family unit,” said Christopher Mellino, a medical malpractice lawyer with Mellino Robenalt LLC, in Cleveland, Ohio.

Cerebral palsy is one of the most serious and devastating birth injuries that may happen to a baby during labor and delivery. More often than not, it is caused by a number of factors that range from head trauma to lack of oxygen to infections to premature delivery. Roughly 70 percent of children who are ultimately diagnosed with cerebral palsy acquired it as the result of some event prior to birth that disrupted normal brain development.

“Without a doubt, the kind of medical care required for a cerebral palsy victim is staggering, running into millions of dollars. Without help, many families would not be able to survive or function effectively. If the palsy is the direct result of medical negligence, the family has the legal right to receive compensation to care for their child,” Mellino said.

The most important thing for parents to note is that cerebral palsy may not be noticed at birth. It may take months or years for symptoms to manifest. Typically, if it is present, the symptoms will be evident within three years. This gradual realization is difficult for parents, especially when they suspect the cerebral palsy is due to medical malpractice.

“The length of time this injury takes to show itself presents a very real problem to the child’s family. There is a statute of limitations that says if they wait too long, they lose their chance to recover damages. Additionally, every state has a different statute, with different rules applicable to filing and different time limits for doing so. If you suspect something is wrong with your child, you need to speak to an experienced medical malpractice lawyer as soon as you can,” said Mellino.

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

“I’ve seen a lot of strange cases in my medical malpractice career,” said Christopher Mellino, a medical malpractice lawyer with Mellino Robenalt LLC, in Cleveland, Ohio. “However, this one is so fraught with errors, delays and red tape, it beats all the rest. A desperately ill man waiting for a kidney transplant has gone through hell and back, lived through the death of his sister and had his hopes crushed more than once while waiting for the call that will save his life.”

The man’s sister had agreed to donate her kidney to him when the unthinkable happened: her aorta was cut during the surgery to harvest her kidney. Medical malpractice? “Indeed it is, and it is likely the family, despite the ongoing wait for a kidney for their relative, will seek legal counsel about filing a medical negligence lawsuit,” Mellino said.

The man was put back on the wait list and received a call that he would get his transplant in June. His surgery was cancelled at the last minute. The reason for the hold up? “It turned out those in charge of the organ donor process didn’t get the mandatory approval to give him a kidney on an expedited basis,” said Mellino.

The behind-the-scenes reason for trying to give the man his kidney as quickly as possible was in response to the sudden death of his sister, the first live kidney donor to die in the 40-year history of the organ donor program. The hospital where the man waits for his transplant was hoping to expedite the surgery out of compassion for his loss. The other issue is that proceeding with the operation that quickly would have boosted the man to the top of the kidney-recipient waiting list, something which others on the list would take issue. And finally, while a nice gesture on the part of the hospital, the man was never told authorization was required for the surgery.

“Often medical malpractice may not be as clear as it was in this case, and for this reason, it is a good idea for patients who feel they have been the victim of medical malpractice to find out if they have a case or not. While not all bad outcomes involving a doctor qualify as medical malpractice, don’t second guess whether your case is one of those. Seek an expert’s advice,” said Mellino.
To learn more, visit http://www.christophermellino.com.

Although the laws may vary slightly from one state to the next, there are 4 basic guidelines to any malpractice case:

• proof of a doctor-patient relationship;
• proof of a breach of duty of reasonable care;
• harm inflicted, emotionally or physically, as a result; and
• proof of a link between negligence and resulting injury. 

Without these 4 elements, you will not have a valid medical malpractice claim. If the claim results from psychiatric care received in Ohio, you can file a claim for psychiatric malpractice with a Cleveland medical malpractice attorney.

Finding Examples of Psychiatric Malpractice

It isn’t easy to come up with general examples of malpractice in a psychiatric setting because there are so many situational elements to consider. However, anything that follows the guidelines listed above can be considered for a malpractice claim. While some events are unethical, unfair, or just plain wrong, they may not always meet the criteria for a malpractice claim so it helps to understand what you are getting involved with before you file.

Some examples of psychiatric cases that fall under the malpractice category include:

• physical injury resulting from psychiatric medication side effects or negligent monitoring by the treating physician;
• sexual abuse or contact in a clinical psychiatric setting; and
• negligent monitoring of patient behavior or psychiatric state that results in suicide or self-harm.

Most of the psychiatric claims that people make are related to medication, although sexually based malpractice lawsuits are a close second. When medication is not properly monitored, things can go wrong. Doctors should be keeping tabs on:

• side effects;
• dosage and its effects; and
• medication interactions or mixing of medications.

What Constitutes Psychiatric Malpractice in Ohio

According to the Ohio Revised Code, S.B. 281, medical malpractice claims must be filed within 1 year of the ’cause of action’. This basically means that when a person discovers an injury related to mistreatment by a physician, they must bring action within 1 calendar year from that date. Additionally, malpractice is defined as any proven negligence on behalf of the treating medical professional that results in physical or emotional injury or wrongful death.

Proving psychological or psychiatric negligence is much more difficult when there is no physical injury as a result. It can also be difficult because much of the treatment is verbal, and without recorded statements or evidence it can quickly become a battle of your word against theirs.

Fortunately, you can rely on a Cleveland medical malpractice attorney to help you fight for your psychiatric claim, no matter what the situation might be. As long as you have proof that negligence occurred and resulted in emotional or physical injury or wrongful death, an attorney can help you fight for your rights.

When to Hire a Cleveland Medical Malpractice Attorney

If you have been the victim of any type of psychiatric malpractice, seek legal help. Even if you aren’t sure whether you have a case or you can’t provide all the evidence yourself, an attorney can help. Contact an attorney as soon as you suspect that your claim meets the guidelines listed at the top of this page. In the state of Ohio, you only have a limited time to file a malpractice claim and you need to get on it as soon as possible.

When you need legal representation that you can depend on, call the Mellino Law Firm, LLC. We are your best choice for a Cleveland medical malpractice attorney, and we know what it takes to achieve the outcome you deserve. Just because the claim is psychological doesn’t mean that you don’t deserve justice. Contact us today to discuss your psychiatric malpractice case: 440-333-3800.

What is patient abandonment?

Patient abandonment occurs when an overseeing physician or doctor abruptly stops treating a patient with no warning and without referral to another medical professional who can continue their treatment. Certain other cases are considered patient abandonment as well – for example, if a patient fails to receive prompt care from an emergency room staff member or if the doctor leaves the area of treatment, placing them in the care of another doctor, without warning.

The case of Hill vs. Medlantic Health Care Group determined that “abandonment is the termination of the professional relationship between the physician and patient at an unreasonable time or without affording the patient the opportunity to procure an equally qualified replacement.”

Abandonment can cause serious harm and injury to the patient, especially if the situation is an emergency or the patient has a life-threatening illness. If you or a loved one experienced patient abandonment and it resulted in an injury, worsened condition, or other more serious consequences, it could be considered negligence and you may be eligible to file a medical malpractice claim for compensation. Contact a Cleveland medical malpractice lawyer at Mellino Robenalt to learn more at 440-333-3800.

Proving Patient Abandonment as Medical Malpractice

In order to prove you were a victim of medical malpractice, you must show: 

• existence of a doctor-patient relationship;
• your physician had a duty and commitment to continue your treatment;
• that he or she improperly ended treatment before it was completed, without warning, and without referral to another qualified treatment option; and
• you suffered harm or injury due to the doctor’s negligence and abandonment.

Although it is not uncommon for a doctor to end treatment, either because the patient needs more specialized care or because the patient does not agree to certain treatment terms, it is considered negligence to cease treatment without referring the patient to another form of care, something of which your Cleveland medical malpractice lawyer can help you determine. If, after the abandonment occurs, injury or harm comes to the patient because of the doctor’s lack of care and treatment, he or she could be held liable for the damage done.

To prove negligence, you will need to show that your physician failed to provide the standard level of care you would have received from other comparable doctors. This may require testimony from outside physicians and experts as to how they would have acted in a similar situation. If they testify that they would not have terminated your treatment, this may prove you were delivered negligent, sub-standard care by your doctor.

What to Do Next

If you’ve experienced abandonment by your physician, seek other health care options immediately. This will not affect the outcome of your claim, and is imperative to ensuring your future health and well being.

Then, contact experienced legal counsel and begin preparing to file a medical malpractice claim. Your lawyer could seek to compensate you for a number of things, including: medical costs for additional treatments, prescriptions and diagnostics, pain and suffering, lost wages, and overall decreased quality of life.

If you or a loved one was abandoned by a doctor or physician and suffered further injury because of it, consider filing a medical malpractice claim today. Call 440-333-3800 to speak to a qualified Cleveland medical malpractice lawyer at Mellino Robenalt about your case.

There have been great strides over the years in creating new drugs to treat a variety of illnesses and injuries. They’ve helped millions of people recover from their problems, and if you’re consulting a doctor here in Ohio, there’s a good chance medication will be part of your treatment.

When it comes to your prescription, there are things you can do to prevent you from being the victim of medical malpractice:

• Discuss your other medications — sometimes a drug you are prescribed may have a hazardous interaction with one you already take.
• Understand side effects — know what’s normal and abnormal when it comes to the medication.
• Ask if you should take it with food, or if you should avoid any foods.
• When the medication will start working — you’ll only know if it’s doing its job if you know when to expect results.
• Read the prescription — if you can’t read what it says, your pharmacist may not be able to read it, either.

These simple precautions and talking to your Ohio doctor can make the difference between successful treatment and medical malpractice. However, even if you follow these guidelines, it is still possible to be a victim of medical malpractice because of prescription drugs.

A Cleveland, Ohio Medical Malpractice Lawyer Can Help

If you’re the victim of medical malpractice associated with your medication, the Mellino Robenalt Law Firm can help. Get the FREE Ohio medical malpractice guide and call today at 1-713-226-9900 or 1-877-226-9940 for a consultation.

If you or a loved one requires hospitalization, one of the most important decisions will be the choice of hospital for care. Often the outcome of any medical situation, including medical malpractice and personal injury claims, can be dependent upon where the care is delivered. Hospitals are just like any other place of business. Some are better than others, and there are ways to measure a hospital’s level of care quantitatively.

In Ohio, state law requires hospitals to report the quality of the care provided, and those reports are made public. That information and this worksheet from the U.S. Office of Personnel Management will help you make an informed choice.

Some of the questions you need to ask when choosing a hospital in Ohio are:

• Does my doctor have practicing privileges there?
• Does the hospital accept my health insurance plan?
• Is the hospital recognized by the Joint Commission on Accreditation of Healthcare Organizations?
• Has the hospital successfully treated my condition before?
• Is the hospital working to improve its own quality of care? 

By making the right choice of where to seek care, you can help minimize the risk of medical malpractice, and even more important, you can give yourself the best chance for successful treatment of your condition.

If You Suffered Medical Malpractice in an Ohio Hospital, Get Help

The Law Firm of Mellino Robenalt can help you if you’ve been the victim of medical malpractice. Get the FREE Ohio medical malpractice guide and call today for an appointment at 1-713-226-9900 or 1-877-226-9940.

A hospital stay in Cleveland can be a stressful experience. You’re away from your family and possibly your job, you’re trying to recover from your illness or injury, and you may undergo frightening procedures.

The U.S. Department of Health and Human Services (HHS) keeps information on incidents that happen inside the hospital.HHS defines them as conditions that weren’t present at admission but presented themselves during the hospital stay.

There are several conditions and types of incidents to be aware of if you or a loved one is admitted to the hospital in Ohio:

• Slips and falls — they’re common among elderly patients but can happen to anyone;
• Instruments left in patients — you’ve heard of cases like this, and it’s common enough that HHS has guidelines to prevent it; and
• Infections — there are many avoidable ways to contract an infection, especially post procedure.

A Cleveland, Ohio Medical Malpractice Attorney Can Help

Occasionally, what would have been a good patient outcome is tarnished by conditions that come from just being in the hospital. The Law Firm of Mellino and Robenalt can help you with a medical malpractice claim. Get a FREE Ohio medical malpractice guide and call today for a consultation at 1-713-226-9900 or 1-877-226-9940.

Having medical procedures and getting medical treatment can be frightening. For many patients in Cleveland, the healthcare industry isn’t familiar. Medical malpractice can happen anywhere in the process of dealing with medical professionals.

There are some things you can do to empower yourself and avoid becoming the victim of medical malpractice and medical mistakes in Ohio: