For example, it may not be evident that a stainless steel rod was incorrectly inserted into a patient’s leg until years later, when the steel has corroded because the wrong gradation was used, causing possible blood poisoning.

When this happens, the “discovery rule” permits a medical malpractice claim to be filed within a certain timeframe after the injury or cause of action was discovered (or should have been reasonably discovered).

Although the discovery rule doesn’t apply to all civil injuries, it does apply to medical malpractice in Ohio. Despite this, the period of time allowed for bringing a post-discovery claim is still fairly brief, and you should contact a medical malpractice attorney immediately so that he or she can begin filing a claim on your behalf.

Help from a Medical Malpractice Attorney in Ohio

In addition to proving your case for medical malpractice, your attorney must also prove that the timeframe in which you discovered the cause of injury meets the “reasonable” requirement of the statute. Reach out to the law offices of Mellino and Robenalt to schedule a consultation about your case today – 888-457-1147. Also, check out our free eBook – Was it a mistake? Your Ohio Medical Malpractice Questions Answered

Although catchy commercials and cuddly mascots might make you think that insurance companies are on your side, the truth can be found in the simple mathematics of how insurance companies make their money.

Premiums represent gains (X) and paying out for claims represents losses (Y), for a total net profit (Z), excluding overhead costs such as payroll, of course. So, X – Y = Z. The more the insurance company pays out for claims (Y), the less total profit the insurance company gains (Z).

Bearing this in mind, it’s crucial to have an advocate in your corner to combat the efforts of the insurance company.

While it is true that under certain circumstances, such as when you have only sustained property damage and neither you nor anyone else was injured in the crash, you may not have need of a personal injury attorney, it’s always preferable to consult with one before you decide that you don’t need one.

Help from a Personal Injury Attorney after Being Injured in an Accident

Consult an Ohio personal injury attorney after you’ve been injured to learn what damages you may be entitled to and what obstacles you and your claim may be facing. An accident attorney can help you recoup the compensation that you are owed for another’s negligence – 888-457-1147.

Be Proactive in Your Health Care

The best way to safeguard your health is to be proactive. Doctors may see many patients in a single day, so it can be impossible for them to remember your health history and what medications you are currently taking. Therefore, before you are administered medication in a hospital, be sure to ask:

• What is this medication?
• Why was it prescribed?
• Is this the correct dosage?
• Will it interact with any other medication I’m taking or had been taking?
• What are the side effects?
• Should I take any precautions while on this medication?

You should ask the above questions whether you are about to be given oral, IV or hypodermal medication. By asking the right questions, you can play a huge role in protecting your health; however, if a medical professionals negligence still causes you harm, speak with an Ohio medical malpractice attorney.

Contacting an Ohio Medical Malpractice Attorney 

Medical errors can still occur no matter how hard we try to prevent them. If you are the victim of medical errors, you need a medical malpractice attorney. Call the Mellino Law Firm at (216) 241-1901 for a free consultation.

Initially, one of the most important elements of a medical malpractice claim in which several parties are held liable is determining the division of responsibility for the injuries of the victim.

People who may find themselves in situations where liability may affect their compensation are urged to think about how responsible each party in the suit may ultimately be.

Joint and several liability can be determined in a number of ways:

• under joint liability, each defendant is liable for a certain proportion of damages that may entail the full liability amount. Essentially, all liable parties are financially liable for the whole of the compensation total.
• under several liability, liable parties must only pay the amount of damage for which they’re responsible.
• finally, under joint and several liability, all parties collectively pay the total sum of damages, despite the division of guilt.

Ohio law stipulates that only if a defendant is more than 50% responsible for a plaintiff’s injury will they be held financially responsible for non-economic damages in proportion to their fault.

If you have been injured by medical malpractice and there are multiple liable parties, reach out to a medical malpractice attorney to learn more about how joint and several liability will affect your case – 888-457-1147.

When someone is injured by a vaccination, receiving financial compensation for damages and expenses follows a much different path than other medical malpractice claims do. In this case, you would benefit by consulting with an Ohio personal injury attorney.

As opposed to filing a suit against the doctor, nurse, hospital, or other usual suspect that would liable in a medical malpractice claim, you must submit a vaccine injury claim to the National Vaccine Injury Compensation Program (VICP). 

The Inception of the National Vaccine Injury Compensation Program 

This program, enacted in the late 1980s, was intended to prevent costly lawsuits over injuries caused by childhood vaccinations.

These lawsuits deterred companies from investing in the development of new vaccines, and the families of those injured spent a great deal of time and financial resources in pursuing lawsuits against drug companies.

The VICP program provides a simplified approach to handling vaccine injuries and the resultant compensation. The system is no-fault, which is why the claims must be filed directly with the VICP, and is funded by a small tax assessed against each vaccine.

When someone is injured by a vaccination, that person (or their respective parent or guardian) files a claim with the VICP, which is then heard in the U.S. Court of Federal Claims by a specially trained attorney known as a special master. Provided that the claim is eligible, payment from the fund is ordered by the special master. 

The Vaccine Injury Compensation Program (VICP) was established in 1988 to help streamline the process of handling medical malpractice injury claims for children who had been harmed by vaccinations.

Injured claimants may be paid medical expenses and up to $250,000 for: 

• pain and suffering;
• lost earnings; and
• legal fees.

Petitions must be filed directly with the U.S. Court of Federal Claims and to do so costs $350, although this fee may be waived if you can demonstrate financial hardship. The regulations for filing a claim are strict and specific, and it’s advised that you consult with an Ohio personal injury attorney who has handled vaccine injury cases before.

Eligible Vaccines for the VICP

Under the regulations of the VICP, certain vaccination injuries are covered, provided the vaccine is in the following list:

• diphtheria, tetanus, pertussis (DTP, DTaP, Tdap, DT, TT, or Td);
• hepatitis A and B;
• human papillomavirus (HPV);
• haemophilus influenzae type b (Hib);
• influenza (TIV, LAIV);
• measles, rubella, mumps (MMR, MR, M or R);
• meningococcal disease (MCV4, MPSV4);
• polio (OPV, IPV);
• pneumococcal conjugate (PCV);
• rotavirus (RV); and
• varicella, also known as chicken pox (VZV).

As new vaccines become available for different maladies, they may be added to the compensation program. Updates are made at the Health Resources and Service Administration’s VICP website.

Consult a Personal Injury Attorney for Vaccine Injury and Medical Malpractice Help

If you, your child, or someone in your life has been injured by a vaccination, reach out to an Oho personal injury attorney who has experience handling vaccine claims. Unlike traditional medical malpractice claims, vaccine claims must be filed in a specific fashion and are governed by different regulations.

To make sure that you’re not disenfranchised by these differences, reach out to an attorney at the Law Offices of Mellino and Robenalt in Cleveland, Ohio – 888-457-1147.

To ensure that you meet the deadline for filing a claim, you should consult with a medical malpractice attorney. 

Understanding the Statute of Limitations for Medical Malpractice Cases 

This time limitation for filing a claim is known as the statute of limitations, and it’s a common legal instrument applied to most cause of actions in both civil and criminal legal procedure. 

For instance, certain crimes have a statute of limitations that makes it impossible to prosecute a case against a suspect more than a certain number of years after the crime has been committed or since the crime should have been reasonably discovered. Certain crimes, such as murder, have no statute of limitations. 

On the other hand, statutes of limitations also apply to civil actions. Ohio’s statute of limitations on a medical malpractice action is only 1 year which means that you must file your claim within 1 year of the cause of action of the claim. 

If the medical malpractice results in a death, then 2 claims exist – the original medical malpractice claim that was or would have been filed by the victim, and a wrongful death claim that can be pursued by the survivor of the deceased. 

Wrongful death claims have a slightly longer statute of limitations but it’s not much – a claimant has 2 years from the cause of action to file a wrongful death claim, but the medical malpractice claim must still be filed within the original 1-year statute of limitations. 

For help filing your claim, speak with a medical malpractice attorney – 888-457-1147. 

When you or someone you love is injured by a doctor, pharmacist, surgeon, or other healthcare provider, you may consider filing a medical malpractice claim to seek compensation for the damages that you and your family sustained because of the provider’s negligence. 

Extensions and Exceptions of the Statute of Limitations for Med Mal 

Although there are some ways that you can toll – or extend – the statute of limitations through certain circumstances, you can also buy more time to file your claim by filing written notice with the defendant of your intention to pursue a medical malpractice claim. After doing so, you have approximately 180 days to file the complaint against the defendant. 

The statute of limitations can also be tolled for certain reasons, such as if the victim is a minor or the defendant has declared bankruptcy. Finally, the discovery rule applies when the injury isn’t discovered for a number of months or years. If an individual doesn’t know that he or she has been injured by the provider, then it’s implausible that a claim can be filed in a timely fashion. 

So, the discovery rule allows plaintiffs to file a claim when the cause of action has been discovered, or should have been reasonably discovered. 

Getting Help from a Medical Malpractice Attorney in Ohio 

If you or someone you love has been injured by a health care provider’s negligence or failure to adhere to the safety regulations and standards of the medical community, your family may be entitled to compensation for certain incurred expenses. 

Contact the law offices of Mellino and Robenalt to schedule a FREE consultation with a medical malpractice attorney, in which you will receive a case evaluation and have the opportunity to ask any questions about the claims process or the qualifications of the attorney with whom you are speaking. Before coming, you can read our free eBook: Was it a mistake? Your Ohio Medical Malpractice Questions Answered Call today – 888-457-1147.

Some cases take longer to process, so the longer you wait, the more hurtful it could be. By moving quickly, your claim can be better protected. Although you have 2 years, there is a law in Ohio that could affect when the statute of limitations begins. This is the “discovery law” and it applies to cases where an injury may not be immediately evident.

Under this law you can pursue legal action from the time your injury was actually discovered, even if it was after the statute of limitations. For instance, if you underwent surgery and suffered complications, it may appear that it was related to the procedure.

However, more than 2 years later, you may eventually discover that the surgeon left a surgical tool inside you. If this was the actual cause for your injury, the discovery rule may come into play and you will still be able to file a personal injury claim.

Seeking Legal Help from an Ohio Personal Injury Lawyer

If you have suffered severe injury or have lost a loved one in an accident in Cleveland or surrounding areas, it is important that you act quickly to protect your rights. The Cleveland injury lawyer team at Mellino Law Firm LLC offers specialized medical knowledge, exceptional trial skills and superior negotiating talent in pursuit of fair compensation for clients. Want to learn more about how we can help you? Contact us today for a free consultation – 216-241-1901.

It is important to know what exactly constitutes as a medical malpractice claim. If your doctor makes a mistake while treating you, it may or may not be considered malpractice. There is a lot more to it than that, but the main factors are that the doctor did make a mistake while treating you and you were harmed by that mistake.

The negligence can come at any time during the treatment and your attorney must be able to prove that standards of care were not met. You most likely have a case if you have an injury or condition that worsened after the procedure, such as:

• brain damage after surgery;
• a disease that worsened;  or
• a wrong limb amputated.

Medical malpractice cases are often very long and expensive because you need to not only prove that the doctors negligence caused your injury or illness, but you also may need an expert witness to prove that the doctor acted wrongfully.

Contacting an Ohio Medical Malpractice Attorney

In order to receive a fair and full settlement, it is recommended you seek a professional and experienced attorney to handle your medical malpractice claim. Call Mellino Law Firm today at (216) 241-1901 for a free consultation.

Medical professionals and pharmacies can administer the wrong dosage or even the wrong medication altogether, causing injury, pain and even death. Although many incidences of prescription negligence are minor, serious injuries can result. Many doctors are unaware of their patients’ full medical history, allergies or other drugs they are taking. In addition, they may lack updated information about side effects and drug/drug interactions. 

Prescription negligence may also occur on the pharmacists’ end. Poor communication regarding correct medication and dosages, such as illegible handwriting, can cause incorrect medications to be prescribed and overdoses to occur. Inappropriate package labeling can also be a factor. In addition, excessive noise and interruptions can cause pharmacists to be distracted, resulting in mislabeled drugs or inappropriate dosages. 

You can prevent prescription negligence by being proactive. Inform your doctor of any other drugs you are currently taking, as well as any allergies. You should also confirm the drug name and exact dosage you are being prescribed and compare this with the pharmacy. 

Contacting a Medical Malpractice Attorney in Ohio 

No matter how hard you try to protect yourself, prescription negligence can still occur. If you believe you are a victim, call Mellino Law Firm today at (216) 241-1901 for a free consultation.

Clients are often reluctant to share information that makes them feel embarrassed or ashamed, which is an understandable sentiment and quite human. However, your Cleveland personal injury lawyer is a trained professional who will not only withhold judgment, but who will also respect your confidentiality. 

Anything you say to your attorney is protected by the client-attorney relationship privilege, so there is no reason to withhold any pertinent facts, and doing so can cost you in the long run. 

Always be truthful when working with your lawyer. Any momentary discomfort or vulnerability you may feel will be outweighed by the benefit of knowing that your attorney has all the facts and can therefore more effectively pursue your case. 

If you have been injured in an accident in Ohio, reach out to an attorney who understands the value of having a trustworthy advocate in your corner.  

Help From a Cleveland Personal Injury Lawyer

If you have suffered severe injury or have lost a loved one in an accident in Cleveland, it is important that you act quickly to protect your rights. The Cleveland injury lawyer team at Mellino Law Firm LLC offers specialized medical knowledge, exceptional trial skills and superior negotiating talent in pursuit of fair compensation for our clients. Want to learn more about how we can help you? Contact us today for a free consultation – 216-241-1901.