Law enforcement is a tough job. It’s even tougher when suspects die a wrongful death by Taser.

More and more these days it’s pretty common to see news stories about someone dying as a result of being shocked with a Taser for too long. Their heart rhythm is interrupted and quite often, without prompt medical help, they will die. “There have even been stories of suspects and citizens ‘asking’ to be shocked, because they wanted to see what it felt like. Unfortunately, police in some instances have obliged them and they died,” commented Christopher Mellino, a Cleveland medical malpractice lawyer of the Mellino Law Firm LLC, in Ohio.

Wrongful death may come in many forms, but typically we tend to read about the deaths that are more newsworthy and spectacular; the deaths caused by being shot or Tasered. Sadly, it seems that Taser deaths are getting to be almost as common as gunshot wounds (GSW). Statistics have shown that more than 80 Americans die every day as a result of GSW – eighty people who met an untimely and wrongful death; death that was brought to them with malice aforethought.

“Granted that people who kill with guns generally get charged with homicide, a criminal offense, they could also face the civil charge of wrongful death filed by the victim of the family. Such is also the case when someone dies as a result of being Tasered for too long,” Mellino pointed out. “Certainly, cases that involve the use of a Taser by law enforcement that results in death are difficult, but lately, many of them have been settled by the police department and/or their local governments, which does point out that someone recognizes that the overuse of the Taser isn’t a good idea,” he observed.

“The bottom line here is that if you have been in a situation like this, or are currently in a situation like this, you will want to speak to a highly experienced wrongful death attorney. Someone needs to fill you in on what your rights are and what compensation you may be able to expect in a case such as this,” he added. “And that won’t happen unless you contact an attorney as soon as you can and start asking pointed questions. As I mentioned earlier, these kinds of cases are tricky, and you need a good attorney to help you get compensation.”

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

This happens far more often than most people would think. Misdiagnosis is dangerous and may cause death.

If you stop to think about it, you have likely been to the doctor and been diagnosed with something you don’t have. It could be as simple as the doctor saying you have a sinus infection, when you may have an abscessed tooth. While that is a minor example of something that may happen, if your doctor misdiagnoses something like cancer, a health attack, stroke or mistakes allergies for something else, you could be in a whole world of hurt.

Think about being misdiagnosed if you have cancer and your treatments got started too late or conversely, you were diagnosed with cancer and started treatments, only to find out you did not have cancer. It happens and when it does, it’s time to talk to an experienced Cleveland malpractice lawyer. Most doctors provide outstanding medical care and diagnosis, but when bad things happen, as they tend to do from time to time, they need to be talked about and dealt with directly.

The disturbing facts about failure to diagnose are that it affects at least 155 people out of every 1,000 patients. What is most commonly misdiagnosed? Cancer, stroke, heart attacks, sleep disorders, osteoporosis, toxoplasmosis, ovarian cancer, thyroid disorders and hypertension. While these are commonly misdiagnosed conditions or events at a doctor’s office, they may also happen in the ER.

Along with the above conditions that get missed are several others that often get tagged as being the wrong thing in the ER; for example, meningitis and appendicitis. Granted that ER docs do give ECGs to see if a person did have a heart attack; but unfortunately, they are not always accurate.

The bottom line here is if you are not properly diagnosed, you will wind up getting worse which costs you more money for more tests. Furthermore, you may get the wrong medications which may not work, may result in dangerous side effects, and may mask the symptoms of the “real” disease. It may also mean the original disease progresses to the point where it cannot be treated or even cured.

If you have been in a situation like that or are currently in that position, speak to an experienced Cleveland malpractice lawyer about filing a medical malpractice lawsuit to recover compensation. It’s your life and you need to take control of it and find justice.

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

Just when you thought your identity might be safe, along comes a new twist. Medical identity theft is quite prevalent these days.

If you stop to think about it, it’s more than possible for thieves to use your health insurance information to get medical care, surgery and even prescription drugs. Frightening thought, but it’s not only possible; it’s a reality and I’ve seen it during my practice as a Cleveland malpractice lawyer.

Lately there have been more and more cases of rip-off artists working in a medical milieu using “your” personal information to fraudulently bill insurance companies. This not only impacts on you financially, but it directly affects your health for the services you are “not” getting or didn’t get.

How in the heck do you know if someone pinched your identity and then used it to get medical services? Apparently, there are some red flags to be aware of and they include things like receiving a statement for medical services you didn’t get; you are denied insurance because your medical records say you have a disease you don’t have; you get dunning phone calls from a bill collector about medical bills you don’t owe; you go to file a legit health insurance claim and the plan tells you that you have maxed out your benefits, or when you call for a copy of your credit report, there are medical collection notices on it that are completely strange to you.

Think this doesn’t affect you? Think again, because the theft may change all of your medical and health insurance records. What happens here is that each time the con artist uses “your” identity to get medical care, a record of that treatment etc., is created with the thief’s medical info. The dangerous thing here is that the “thief’s” info could provide the wrong blood type, the wrong allergies, state you abuse alcohol (and you don’t drink), have an inaccurate diagnosis for a condition you don’t have and show test results for tests you never had either. If you ever are the victim of medical malpractice, you would need to consult with a Cleveland malpractice lawyer to sort this mess out and find justice.

The dangerous results here could be that the “real you” may get the wrong treatment based on those false record entries which could mean the real you is injured, becomes ill or may die as the result of a wrong treatment or drug. How in the world do you avoid this?

While there is no totally fool proof way to avoid this type of scam, there are some things you might want to consider doing. For instance, don’t share your personal or medical information on the phone or by mail unless you know 100% who you are talking to when you give out that information. Try to stay away from offers that say they will give you free health products or services and then ask for your health plan ID number.

There have been many cases of unscrupulous cons pretending they work for an insurance company or pharmacy or doctor’s office and people will fall for it, giving out their medical information, etc. What happens once the thief has your identity and health plan info is that they send in false claims for things like Medicare reimbursement.

If you happen to have copies of your medical information and identification lying around, lock them up. If you are about to throw out medical papers, shred them. If you are asked while you are online to provide your social security number or insurance account info or other personal details, ask why it’s needed, where that information is going and who sees it. Check the site’s privacy policies and as best as you can, stay safe and hold on to your personal and very private information that is no one else’s business. If you have any questions about medical malpractice claims or medical identity theft, speak to an experienced Cleveland malpractice lawyer.

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

Most people think of brain damage during birth as happening at that instance. That is not always the case.

“Generally speaking, brain damage may happen in a number of ways, but it’s mostly any kind of injury to the integrity of the brain (structure) that interrupts/disrupts its normal function or development. What many people don’t realize is that brain damage may happen after birth (traumatic brain injury, non-traumatic brain injury or acquired brain injury) or it may also happen before birth in the form of congenital brain injuries,” outlined Christopher Mellino, a Cleveland medical malpractice lawyer of the Mellino Law Firm LLC, in Ohio.

Brain damage can occur in a variety of ways, but is considered to be any type of injury to the structure of the brain that disrupts or prevents normal brain function or healthy brain development. Brain damage may occur after birth (acquired, non-traumatic or traumatic brain injuries) or before birth (congenital brain injuries). “But in the final analysis, most brain damage that does happen after birth is the result of an injury of one sort or another. In reality, many of these traumas are caused by someone’s negligence,” observed Mellino.

Brain trauma injuries that happen before or during the birth process may also be caused by someone’s negligence; a physician or another medical professional making a mistake and causing an injury, or making an injury worse. “If this is something that happened to you, you need to talk to a skilled medical malpractice attorney and find out what your legal rights are and ask for help to claim compensation,” Mellino added.

Knowing the different categories of brain injury will help you understand how they occur. Congenital brain injuries may be the result of trauma, hypoxia, anoxia, infection, a genetic defect or poisoning. “The forms these injuries manifest may be cerebral palsy, dyslexia, fetal alcohol syndrome or Down’s syndrome. Since many of you may have heard about cerebral palsy, you might want to know that it’s been linked to premature birth, birth trauma, infection or a poor blood/oxygen supply as the baby develops,” commented Mellino.

Down’s syndrome usually appears in babies born to mothers over the age of 40, although this is not a hard and fast rule. The extra chromosome present may cause heart and gastrointestinal issues as well as mental retardation. Fetal alcohol syndrome (FAS) is unfortunately, an incurable brain disorder, the result of a mother drinking while pregnant. Most FAS babies and adults have behavior problems and central nervous system difficulties. “And the list goes on. Giving birth is certainly not without its hazards, although in most cases things go well. It’s when they don’t that you want to talk to a Cleveland medical malpractice attorney to find out where you stand,” advised Mellino.

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

Diagnosing a disease is tough, but getting it right is essential. Getting it wrong may mean injury or death.

In order to effectively treat a disease, the doctor has to accurately diagnose it in the first place. If that doesn’t happen the consequences may be disastrous. “Consider the fact that if a disease is not properly diagnosed it would mean a person being sick even longer, perhaps getting worse and developing unnecessary complications. In the worst case scenario, the person may die. For instance if cancer is misdiagnosed,” observed Christopher Mellino, of the Mellino Law Firm LLC, in Cleveland, Ohio.

Yes, being a doctor is a difficult job and diagnosing a disease means being able to accurately note the symptoms, having accurate and effective lab tests, and two other vitally important things: how much the doctor knows about the condition and how well the patient communicates. “As you may well appreciate, it is quite possible to have a break down at any one of those points in the diagnostic process,” Mellino explained.

How common is misdiagnosis? It happens quite frequently and may take several forms that range from only delivering a partial diagnosis to missing an illness entirely. In the case of a partial diagnosis, the doctor would likely nail down the subtype of a disease, but miss the mark on related conditions or complications that may arise with the disease. On the other hand, if the physician entirely missed the boat in identifying the disease, that is a failure on their part; or a misidentification.

In the final analysis, some diseases are far more difficult to diagnose than others, some symptoms are almost too vague to be helpful, and some medical settings actually lead to misdiagnosis. “For example, working with infants is challenging because they don’t communicate well. Behavioral problems, mental and emotional disorders are complex and seem to morph from one thing to another, and digestive diseases are always a challenge to assess accurately,” remarked Mellino.

“Interestingly, the one environment where the highest rate of misdiagnosis exists is the ER. This makes sense if you stop to think about it due to the high volume of patients and the pressure to move them in and out quickly,” Mellino pointed out.

The bottom line is that a great number of med mal cases happen because the doctor failed to diagnose the patient properly. Most often doctors misdiagnose lung cancer, colon cancer, myocardial infarction and breast cancer. Once this has happened, the whole medical scenario rapidly goes from bad to worse as the proper treatment is delayed. “Patients might want to consider getting more than one opinion if they are ill. This is often a good way to get a decent assessment of a tricky condition,” Mellino said.

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

The birth of a baby is exciting. If something happens to that child during birth, it may be devastating.

One of the most important events in many people’s lives is the birth of a child. If the child sustains injuries at birth because of negligence on the part of the doctors, this may cause severe harm to the child or the child may die. “Neither of these outcomes is acceptable. However, things happen. If they have happened to you, now is the time to speak to a medical malpractice lawyer,” remarked Christopher Mellino, of the Mellino Law Firm LLC, in Cleveland, Ohio.

Unfortunately, birth injuries are far more common than we would like to think. They are usually caused due to a variety of things such as difficult labor, or problems with the birth itself, baby’s height or weight putting them at a higher risk for injuries, a small pelvic arch, and how the baby is positioned. For example, if the baby is not head down in the birth canal, this is called a breech birth.

“Given the number of things that can go wrong during a birth, one of the most important things the doctor needs to take into consideration is when and how to perform the delivery,” noted Mellino. “For instance, if the doctor tries a vaginal delivery for a breech baby, there is likely going to be problems,” he added. Usually if the baby is breech, this is when a C-section is needed – and fast. If the baby suffers harm because of a mismanaged delivery, the mother may be entitled to compensation.

Other injuries that may happen during birth may include broken bones, cephalohematoma, subconjunctival hemorrhage, skull fractures, lacerations and brain injuries. The skull fracture usually results from a forceps extraction that didn’t go as planned. “There are many things that may go wrong during birth and if something does, the parents are in total anguish. They honestly need to talk to an experienced medical malpractice lawyer to find out what they can do,” Mellino pointed out.

Many of the injuries that happen at childbirth may not only affect the child and their family at birth, but for the rest of their lives. “If your child has been severely injured and those injuries will affect them for the rest of their lives, give me a call,” suggested Mellino.

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

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.

Not all medical malpractice suits are created equal, especially when the doctor vanishes.

This is a rather unusual case that we heard about; an instance where the doctor being sued for medical malpractice took off for parts unknown, which meant he could not be served within the 120 day period required by the law.

The story behind this odd case is that the obstetrician was a confirmed drug addict, just about to admit himself to a drug treatment facility, when he delivered a baby. The mother, Dawn Storer (names have been changed to protect the identity of the family) sued the doctor for severe nerve damage to her son’s left arm; a result of the baby’s shoulder being jammed under the mother’s pubic bone while being delivered.

Unfortunately, the results of the baby’s arm being caught during his birth left him with a weak, atrophied appendage, with a limited range of motion. The lawsuit stated the doctor was addicted to hydrocodone and Valium. When the suit was filed, the Storers had 120 days to serve the doctor with the findings of their medical expert. Despite numerous attempts to find him, he had seemingly vanished into thin air.

As the search for him continued, it came to light that this physician had lost his license to practice in 2000 as a result of drug abuse and had also lost his home and been evicted from two other places he lived. Even the doctor’s lawyers couldn’t locate him. Things were not looking good for the court case to proceed in any manner and a settlement was obviously on thin ice as well, as there was a question about whether he had paid his medical malpractice insurance.

The doctor’s attorneys asked to have the case dismissed since the deadline would not be met. The court denied the request because it was not the Storer’s fault they couldn’t find the doctor. This case went on appeal where the Appellate Court said no time extensions and no exceptions would be made in the matter. The Storer’s are now appealing to the Supreme Court in their home state.

“In most instances, things in a medical malpractice suit won’t get this wild. While they may get complicated and the case is time consuming and involves medical experts, it will still eventually make its way to settlement or a jury verdict. In addition, in most med mal cases, the doctor’s insurance company will be fighting to keep the expenses down, provided the doctor ‘did’ keep his malpractice insurance current,” said Christopher Mellino, a medical malpractice lawyer, of the Mellino Law Firm LLC, in Cleveland, Ohio.

Cases such as this one are thankfully rare, but that doesn’t address how the Storers will obtain justice for the harm done to their son at birth. “There may be other options open for them, but they would need to discuss that with their med mal attorney. For instance, it may be possible to sue the hospital instead if they were not initially named in the lawsuit in the first place,” added Mellino.

When in doubt about what happens when a medical malpractice lawsuit is filed, take the time to speak to a Cleveland medical malpractice lawyer to find out what options there are, what alternative may exist, and what the expected outcome of a medical negligence case may be.

“There is one thing that is important to remember,” stated Mellino, of the Mellino Law Firm LLC, in Cleveland, Ohio, “and that is not every bad outcome to a medical event is considered to be medical malpractice.”

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