When a mystery illness strikes a child, a worried parent reasonably expects a doctor to diagnose the problem. It was 2005 when the plaintiff took her young daughter to a pediatrics center to see her regular doctor. That physician was not available and another doctor looked at the plaintiff’s daughter. The mother was concerned about her daughter’s fever, headache and sore neck. The new doctor, who had only just completed her medical residency, diagnosed allergies, and sent the child home with allergy medication. According to trial records, the plaintiff asked the defendant if there were other tests that could be [...]

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There isn’t a day that goes by without news that some state is getting creative on how to deal with medical malpractice reform. It seems to almost have reached the proportions of an epidemic — what to do about medical malpractice cases, how to reform the situation so huge amounts of money are not paid out, how to make things easier for the medical profession and how to lower insurance costs and payouts. Wait. Something is missing from that picture. What about the victims? In virtually any proposition relating to medical malpractice reform, victims are sidelined. They are living with [...]

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Where does a jury award and Medicaid dues owed begin and end? The Supreme Court is trying to figure that out. This story begins with the badly messed-up birth of Emily A. She was delivered by caesarian section, and the delivery did not go well. As a result of medical negligence, Emily was diagnosed as being profoundly disabled. She cannot talk, is blind, rarely moves, is subject to seizures and at times needs her airway cleared via suction. She requires around the clock care. Emily A is now 13-years-old and nothing will change for her anytime soon. The legal drama [...]

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Alternative dispute resolution agreements may not be binding when it comes to medical malpractice lawsuits. The practice of using binding arbitration agreements in advance of medical treatment is being used in Pennsylvania. Many doctors, clinics, hospitals and nursing homes are not only attempting to use binding arbitration agreements, but also enforce them. While alternative dispute resolution agreements need to be looked at on a case-by-case basis, a ruling in Philadelphia provides ammunition to get these agreements set aside. The judge in one case held that an alternative dispute resolution agreement, signed by a plaintiff’s mother, was not enforceable. The case [...]

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This lawsuit had its beginnings as a wrongful termination lawsuit, but portions of it were related to Whistleblower’s law. “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 [...]

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There is something to be said for the whistleblowers of the world. Blessed are the peacemakers, for they may catch hell from both sides. This is an interesting story involving a deputy jailer, who feels he was retaliated against for conducting an investigation into alleged corruption at a county detention center. Some of his findings, which appeared in his report, included the discovery that contraband smuggling was almost a way of life in the facility, and that there was a deputy having intimate relations with an inmate. This particular case happened in Kentucky, but it could easily happen in any [...]

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Tags: Cleveland malpractice lawyer, Cleveland medical malpractice, Cleveland medical malpractice lawyer, Cleveland whistleblower lawyer, Medicare overbilling, Ohio whistleblower attorney, scheme, tax evasion, wrong codes

If it happens in Massachusetts, it could happen in Ohio. Tort reform is something that has many people, including patients, doctors and medical malpractice lawyers up in arms. It is unfair to the patient, and not just unfair, it is unjust. The patient is penalized for a medical professionals error that seriously harmed, or killed them. To this point, the debate over what to do for patients that suffer at the hands of negligent doctors, rages on, with a wide variety of ideas being thrown out for consideration. Some states have come up with a partial and not completely just [...]

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

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If it happens in Massachusetts, it could happen in Ohio. Tort reform is something that has many people, including patients, doctors and medical malpractice lawyers up in arms. It is unfair to the patient, and not just unfair, it is unjust. The patient is penalized for a medical professionals error that seriously harmed, or killed them. To this point, the debate over what to do for patients that suffer at the hands of negligent doctors, rages on, with a wide variety of ideas being thrown out for consideration. Some states have come up with a partial and not completely just [...]

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The National Practitioners Data Bank keeps records on practicing doctors and finds bad doctors are flocking to Illinois. Most people trust their doctors and never think that their doctor would harm them. The general belief is, when you make an appointment to see your practitioner, you will get quality medical service. There are a few instances when that assumption is put to the test, particularly if you are searching for medical care in Illinois. It appears the state of Illinois is becoming a dumping ground for physicians with serious disciplinary actions taken against them, a fact that should worry patients [...]

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