“It’s quite disturbing to watch the political intervention in medical malpractice issues. It strips away patient’s rights, and leaves them in a real bind, trying to pay for their care for injuries that a medical professional caused. Whatever happened to accepting responsibility? More to the point, whatever happened to doctors taking the initiative to accept responsibility for screwing up?” inquired Christopher Mellino. Mellino is a Cleveland medical malpractice lawyer of Mellino Robenalt LLC, in Ohio.

There is far too much political intervention in an area best left out of the realm of shifting political mandates. Politicians and legislation they create is supposed to protect Americans. Legislation dealing with medical malpractice issues, rarely protects anyone, other than the doctor and the insurance companies. The whole area of legislation dealing with medical issues is a highly controversial one, and touches on many subjects, including legislation to prevent abortions if a child has Down syndrome.

“Consider a case in Portland, Oregon, where a jury handed a couple $3 million, who stated they would have aborted their child, had they known she would have Down syndrome. These lawsuits are referred to as wrongful birth suits, and are recognized in 28 states, with two more with pending legislation. Suits like this are usually filed when parents suggest their doctor failed to offer them a reasonable level of care in ‘failing’ to diagnose a prenatal condition,” Mellino clarified.

Wrongful birth suits are argued that the parents would have aborted their baby, had they known about any medical conditions, but because they were not told, they then seek compensation to raise a special needs child. More often than not, cases like this are limited to severe birth defects, like Tay-Sachs, spina bifida, cystic fibrosis and Down syndrome.

Conversely, there are also wrongful life cases in just three states. “They are filed on behalf of the disabled child, and state that, in essence, they would have been better of dead. These cases are largely unsuccessful. There are also wrongful conception cases, which are slightly different, and are a result of a botched sterilization,” added Mellino.

Wrongful birth cases are painful, gut-wrenching, and have an enormous amount of money riding on them. The parents have the life-long expense of caring for a disabled individual, coupled with worry, fear, sorrow and overwhelming disappointment. They seek to find compensation to help them deal with this issue and to put right what the doctors put wrong.

In the Portland case, the mother did have two ultrasounds that indicated abnormalities present, but they were not told about the results. Additionally, the doctor performed an amniocentesis, and instead of taking fetal tissue, retrieved maternal tissue, which provided a false reading. Mostly what is at issue is the present or absence of negligence, and in this case there was enough evidence to indicate negligence was present.

“These cases are never easy, but if you feel you have reason to pursue a legal option to deal with your situation, then contact me. This is my job, to discuss the issues with you, outline your options and choices and assist you, should you choose to move forward,” suggested Mellino.

To learn more or to contact a Cleveland Medical Malpractice attorney or Cleveland malpractice attorney, visit http://www.christophermellino.com.

Mellino Robenalt LLC
200 Public Sq., Suite 2900
Cleveland, Ohio 44114
Call: (216) 241-1901

Before seeing a cosmetic surgeon, patients generally put a lot of thought into their decision to have cosmetic surgery. After saving up enough money to move forward, they select a doctor, have a consultation and schedule the procedure. Unfortunately, for a Dallas woman, a procedure landed her in the emergency room nine days after her cosmetic surgery.

The 28-year-old Dallas resident had a stomach reduction, and facial surgery performed by an Irving, Texas doctor. This was the same doctor who left another patient unattended in his clinic last spring, after performing a procedure where unwanted fat is removed from various parts of the body and then injected into the buttocks. The 47-year-old patient claims she was left alone in the clinic, without medical supervision.

Her friend was with her, and had to call for help when the woman could no longer feel her feet. Paramedics arrived, picked her up from the clinic, and took her to Baylor emergency.

Dallas personal injury and medical malpractice lawyer, John Hale, commented on this case saying, “While my firm is not involved in this particular case, this is a tragedy we are seeing far too often. Before you get cosmetic surgery, thoroughly research your doctor. Get references and check for a history of complaints.”

Hale continued, “Always search for your doctor on the Texas Medical Board's website. The doctor that performed surgery on the 28-year-old woman in Dallas, had his license restricted by the medical board in 2004. All of this information is publicly available on their website. If you have been injured by a doctor, consult with an attorney immediately, because medical malpractice can lead to life-changing injuries.”

Aside from a three-year restriction on the doctor's license issued in February of 2004, the doctor also received administrative penalties from the board of $500 and $25,000. Following these incidents, in April of 2012, the board issued a temporary restriction on his license preventing him from performing cosmetic surgeries.

The board stated the doctor “performed liposuction on a patient he had previously determined an unsuitable candidate for the procedure” and that his “knowledge of the procedure consisted of reading a book provided by the manufacturer of the liposuction equipment” and “completing an online program.”

John Hale is a Waxahachie personal injury lawyer and Ellis County personal injury lawyer helping injury victims near Dallas, Texas. Learn more at The Hale Law Firm

The Hale Law Firm
100 Executive Court, Suite 3
Waxahachie, TX 75165
Call: 888.425.3911

“In this lawsuit, the plaintiff filed a wrongful death lawsuit over the death of her husband after hernia surgery. The lawsuit stated the doctors at the hospital were negligent, and as a result of that negligence, her husband died. She is seeking damages for pain and suffering,” outlined Brooks Schuelke, an Austin personal injury lawyer with Perlmutter & Schuelke, L.L.P.

The deceased had gone into hospital for hernia repair, but something went wrong. The statement of facts showed the man had hernia surgery and was sent home, in stable condition, the next day. Three days later, he went to the E.R. and complained about shortness of breath, hiccups and wheezing. On admission, he was given a series of tests, and then transferred to the intensive care unit. A few hours later, he needed to be intubated and placed on a ventilator. Shortly thereafter, he showed signs of septic shock and had a heart attack.

“There is a lot going on in this case, not the least of which is what tests the man was given on his second admission showed. The plaintiff states that the negligence of all medical personnel at the hospital caused her husband’s symptoms, condition and his eventual death. As one may expect, the hospital is not commenting on the case. Will the plaintiff win? There is a likelihood that she will, as her husband’s symptoms were evidently misdiagnosed. This is a medical malpractice case, resulting in a wrongful death,” Schuelke added.

For those who have been in a situation such as this one, it makes sense to discuss the details of the case with an Austin personal injury lawyer, familiar with wrongful death cases. Although they are complex, and do take a fair length of time to settle or come to some form of resolution, justice later is better than no justice at all.

“In other words, don’t wait too long to talk to an attorney, because the longer you wait, you may miss the opportunity to investigate your case or the legal deadline for filing your wrongful death action. If that happens, you are barred from any further action in your case,” said Schuelke.

To learn more or to contact an Austin personal injury attorney or Austin injury lawyer, visit http://www.civtrial.com.

Perlmutter & Schuelke, LLP
1717 W. 6th Street, Suite 375
Austin, Texas 78703-4868
Call (512) 476-4944

Houston, TX (Law Firm Newswire) May 16, 2012 - Preliminary results from a large study comparing the new anticoagulant medication dabigatran (Pradaxa®) to warfarin (Coumadin®), a drug widely used since 1954, confirms safety concerns. Attorneys with Watts Guerra Craft, the first law firm to file Pradaxa lawsuits in the U.S., say the findings are not surprising.

“This study in real-world settings is proving what we already believed to be true,” says attorney Ryan L. Thompson. “The new medication is not safe and should be recalled immediately.”

The FDA approved Pradaxa, a direct thrombin inhibitor anticoagulant, in October 2010 as an alternative to warfarin for the prevention of complications including stroke and systemic embolism in patients with non-valvular atrial fibrillation, the most common type of abnormal heart rhythm. Reports of serious and deadly side effects followed.

In November 2011 manufacturer Boehringer Ingelheim confirmed at least 260 fatal bleeding events in patients taking Pradaxa. The FDA is now investigating post-marketing reports.

In preliminary results of the active study, “Dabigatran in the Real World,” we learn that one patient taking warfarin developed toxicity requiring hospitalization. In patients taking Pradaxa, the results appeared much worse. One patient died from gastrointestinal (GI) bleeding and two others suffered GI bleeding. Other bleeding events included one with one rectus sheath hemorrhage and one with intracranial hemorrhage, or bleeding in the brain. One patient developed deep vein thrombosis, one atrial thrombus, and one a transient ischemic attack. Four patients showed GI symptoms, ending their Pradaxa usage, and another developed a skin rash.

“Anyone who took this new drug and suffered serious side effects should speak to an experienced Pradaxa attorney immediately,” says Thompson. “Don’t wait until applicable time limitations pass.”

About Watts Guerra Craft:
The pharmaceutical litigation team of Watts Guerra Craft LLP have handled hundreds of thousands of mass action claims across the U.S., and won some of the most significant legal victories in American history.

For more information contact:
Stacey Burke
National Marketing Attorney
Watts Guerra Craft LLP
(877) 887-9433
http://www.themasstortslawyers.com

“This case really bothered me when I read it,” explained Charlie Donahue, a Manchester injury and medical malpractice lawyer with offices in Keene, New Hampshire. “ Largely because an 11-year-old girl was killed and four others badly injured when a drunk driver blew a red light.”

The two vehicles involved in this catastrophic wreck, met in the middle of an intersection, sending one of them, an SUV, into a nearby store. Just at that moment, a young woman, her toddler son, and stepdaughter were coming out of the store when the SUV slammed into them. They were out shopping, just having fun, when their young daughter died as the result of a drunk drivers’ negligence.

“You need to understand here that negligence in drunk driving cases actually involves two aspects. The first aspect is the individual was making the conscious decision to drink to excess. The second is aspect is they choose to drink and drive, even though they knew they were totally out of it and could not handle a vehicle in that state. Even if people are drunk, they often ‘know’ they should not be driving, but they go ahead and do it anyway. The results are often horrific,” Donahue added.

According to eyewitness and police reports, the individual driving the Chevrolet Impala, that caused the crash, was barreling along under the influence, blew a red light and nailed the SUV that killed the 11-year-old. The woman and her son were immediately rushed to the hospital. The young girl was dead at the scene. The 28-year-old pie-eyed drunk driver suffered a shoulder injury.

“The reason for him losing control of the vehicle other than the fact that he was blotto? He was checking his navigation system, because he was driving a rental car. Really, navigation systems are no use when driving drunk,” remarked Donahue. The man was charged with reckless endangerment, homicide while driving under the influence, homicide and four counts of aggravated assault while DUI. “This dude will likely be in jail for a long time, and when he gets out, he will likely be facing a wrongful death lawsuit and at least three personal injury lawsuits. Deeds like this just do not go unpunished,” he added.

For individuals involved in a crash where the other driver was under the influence, make the first phone to a qualified Manchester personal injury lawyer. They know about justice. They know the law and they know how to make sure there is a fair and equitable resolution to the case. “That’s my job, to get drunks off the roads and justice for my clients. It doesn’t get any simpler than that,” Donahue said.

To learn more about New Hampshire personal injury lawyer Charlie Donahue, visit http://www.donahuelawfirm.com.

Donahue Law Firm
143 West St.
Keene, NH 03431
Call: (603) 357-2363
Toll Free: (800) 498-4554

“In this case, a 43-year-old woman agreed to have a medical procedure done to attempt to determine the cause of her life-long migraines. She had several MRIs and other non-invasive medical tests, but the doctors decided she should have a cerebral angiogram. They thought it would tell them what was causing her headaches. She went along with that idea, because they were doctors, and they should know what they are doing,” explained Christopher Mellino. Mellino is a Cleveland medical malpractice lawyer of Mellino Robenalt LLC, in Ohio.

As it turned out, the procedure where a dye is injected into a vein to look at images of the brain went awry. The woman had a bad reaction and stroked out. Additionally, no one apparently took the time to tell her that the test was highly invasive and very risky. This medical malpractice case went to trial, with several medical experts testifying the cerebral angiogram was not medically necessary, largely because that procedure would tell the doctors nothing that they already didn’t know as a result of the non-invasive tests.

“In other words, the doctors saying they were hunting for a vein that was causing migraine headaches was referred to as ‘baloney’ by the experts. The jury agreed that the hospital, and the doctors, were negligent in their treatment and care, and awarded the woman $22 million. They also felt she had not been able to provide informed consent, because no one took the time to inform her of the risks,” Mellino indicated.

The woman was in a come for six weeks, and the prognosis cautious optimism. On waking from her coma, the patient discovered she was paralyzed on her right side, and only had a limited range of motion on the left. Her previous life, filled with caring for her two small children and acting as a property manager, were over. “She now requires around the clock care.”

The verdict included $2 million for past financial losses and medical expenses, $14 million for the loss of future income and the plaintiff’s care and $6 million for the unbearable pain and suffering she lives with on a daily basis. “Outrageously, the pain and suffering award would be capped at $250,000, in the name of tort reform, which is unjust and penalizes the innocent victim,” Mellino insisted. The capped amount will barely pay for one year’s medical bills, as the plaintiff’s yearly costs for care runs between $300,000 and $350,000.

Medical malpractice is a serious issue in our society today, and it appears that politicians want to continue to alleviate doctors, and other medical practitioners, of the burden of being responsible for their actions. This is a travesty of justice. “If you are in a situation where you have been the victim of medical malpractice, we need to talk. There is a lot of ground to cover in this complex and contentious area of law,” added Mellino.

To learn more or to contact a Cleveland Medical Malpractice attorney or Cleveland malpractice attorney, visit http://www.christophermellino.com.

Mellino Robenalt LLC
200 Public Sq., Suite 2900
Cleveland, Ohio 44114
Call: (216) 241-1901

Since a law was put in place in mid 2011, Florida has cracked down on clinics and doctors that prescribe excessive amounts of pain pills. Doctor shopping, shoddy prescription practices, and makeshift pain clinics have dramatically decreased, but there is still more work to do.

“The damage that is done to a person at these pill mills can be extensive,” said Tampa pill mill attorney Robert Joyce, of Joyce & Reyes law firm. “Doctors, pharmacists, and unlicensed persons who operate these clinics can be liable when they do not research the person’s medical history and health and the person dies or is left with a lifelong injury.”

Florida’s Prescription Drug Monitoring Program should be used as a best practice to check to see whether a patient has been doctor shopping and to review a patient’s prescription drug history. Safer prescription drug use and less drug abuse will happen when these records are used in tandem with medical evaluations to determine if a person really needs these pain pills.

Oxycodone is the most abused drug, followed by hydrocodone, morphine, methadone, and propoxyphene, according to the Florida Office of Drug Control. Pharmacies can be just as liable for not checking fraudulent prescriptions, ignoring the warning signs of addicts, and ordering excessive quantities of pain pills. Florida law enforcement says that people should be turned away by a pharmacy when they do not have the proper physician paperwork or if the prescription looks forged. Requesting the pill by nickname at the refill counter is also a dead giveaway.

“As quick as some of the fly by night clinics are shuttered, new schemes to keep the pain pill profits going up start to happen at weight loss centers and health clinics unfortunately,” said Joyce. “If the doctor, clinician, or pharmacy had not been careless or negligent and only focused on profits, someone’s life could have been turned around. Those who abuse the system and cause someone harm can face penalties, big lawsuits, and jail time.”

To learn more about the Tampa personal injury lawyer or the Joyce & Reyes Law Firm, P.A. visit http://www.joyceandreyespa.com/ or call 1.888.771.1529.

Joyce and Reyes Law Firm, P.A.
307 S Hyde Park Ave,
Tampa, FL 33606
Call: 813.251.2007

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“It is rather dismaying to note that a recent study has found that roughly 11 percent of physicians admit they have lied to a patient or a child guardian within the past year. A further 20 percent indicate they haven’t told the patient about the mistake because they were afraid of being sued,” outlined Christopher Mellino. Mellino is a Cleveland medical malpractice lawyer of the Mellino Law Firm LLC, in Ohio.

While these revelations may come as a shock to a great number of people who trust their medical practitioners implicitly, they are not unexpected as doctors are human as well. The bottom line is that just about every human being on the planet has, at one time or another, told a lie. The difference is that lying about a medical issue that may cause harm to someone or kill them is a far greater sin.

“It appears from the Harvard Medical school survey results that close to 34 percent did not agree completely that they should reveal all significant medical errors to their patients. Rather they were somewhat in agreement that they should, or flat out disagreed. If I were a patient reading this information, I’d be likely to take a rather jaded view of the medical profession and be understandably leery about seeing a doctor,” added Mellino.

The last thing ill patients need from their doctor are lies. Many Americans would prefer they got accurate and complete information to allow them to make informed decisions about their care in partnership with the doctor. The very bastion of patient centered care, respecting the needs and preferences of the patient, seems to not hold up in light of the findings that indicate doctors lie to avoid lawsuits. If there is not complete honesty and openness in the doctor/patient relationship, this does not bode well for health care as it should be.

“There is however, something to be said for the complexity of medical issues and a doctor speaking ‘too soon’ and finding out later that what they said turned out to be wrong. In that light, one may understand a little more, why doctors avoid telling patients the truth if they have made a mistake. Nonetheless, lying is never healthy for any kind of relationship, and often results in medical malpractice lawsuits; the very thing the doctor wanted to avoid in the first place,” Mellino explained.

The bottom line is that patients come first and are at the virtual mercy of the medical professional. They expect, and rightfully so, good care, accurate diagnosis, the correct treatment and honesty. Withholding information is a travesty, and does the patient an enormous disservice.

To learn more or to contact a Cleveland Medical Malpractice attorney or Cleveland malpractice attorney, visit http://www.christophermellino.com.

Mellino Law Firm LLC
200 Public Sq., Suite 2900
Cleveland, Ohio 44114
Call: (216) 241-1901

Parents should be reminded that playgrounds can be a fun place but they also can create risks. The Centers for Disease Control and Prevention estimate that 200,000 children go to the ER every year for playground injuries. Kids from five to nine years old are the most susceptible. The CDC notes that fractures, dislocations, concussions, and internal injuries are the most common injuries. Falling and strangulation causes the most deaths.

Climbing equipment and swing sets have caused the most harm, the CDC reports. Parents should be on the lookout for damaged or rusty equipment along with how the playground area is maintained.

“When a child gets seriously hurt on the playground due to shoddy equipment or a lack of maintenance, the school or daycare center can be liable for not having a safe environment for the children to play in,” said Connecticut personal injury attorney Michael Stratton, of Stratton Faxon Law Firm. “The surfaces around the playground must also be free of debris and fall surfaces should be appropriate for the playground area.”

The CDC notes that playground injuries can be very costly. Concussions and internal injuries can require a lot of medical attention and even sometimes necessitate assistive technologies for the rest of the child’s lifetime. Schools and daycare centers should be taking the right steps to maintain playgrounds and also provide supervision when it is recess time. The U.S. Consumer Product Safety Commission does have guidelines for schools to follow to ensure that equipment and the playground surfaces are age appropriate and safe. Qualified personnel can then use these guidelines and routine maintenance schedules to inspect the playground area.

To learn more, visit the Connecticut personal injury law firm at http://www.strattonfaxon.com.

Stratton Faxon
59 Elm Street
New Haven, CT 06510
Call: 203.624.9500

“The hard to swallow truth is that doctors do lie to their patients, and they have admitted that themselves in a recent survey,” says Michael Smith, an Arkansas injury lawyer and Arkansas accident lawyer, practicing personal injury law in Arkansas. “Shocking? Perhaps not, as many of the medical malpractice clients I speak to are certain their doctor lied to them. Often, they are right.”

People trust their doctors to get it right the first time, to diagnose what is going on with us and to recommend a course of treatment or surgery as required. It is expected that the doctor, with all that medical training, will not make a mistake. That trust is often misplaced, as a recent survey shows. The study, headed up by the Mongan Institute at Massachusetts General Hospital, took a look at 1,800 doctors, and asked them about hiding medical errors from their patients.

“The results were rather disturbing, and showed that one third of those surveyed did not totally agree with telling their patients about serious medical mistakes. Furthermore, one fifth disagreed with a statement that said doctors should never tell a patient something that is not true. As for a physician’s relationship with drug and medical device companies, many felt they did not need to tell patients about their financial links,” Smith added.

Nearly 20 percent of the 1,800 doctors participating in this survey indicated they held back information from a patient about medical mistakes during the past year. Researchers who analyzed this data also pointed out that the results just show the tip of the iceberg, meaning doctors are likely hiding more than they are willing to admit to anyone.

While many Americans were brought up to not tell lies, it seems doctors across the nation have either forgotten that past lesson or are deliberately ignoring it. “My money is on ignoring it, for the very reason that they do not want to be held accountable for medical errors. I could name a long list of medical malpractice cases in which the patient suffered horribly due to medical negligence, and it was quite plain to see. Nonetheless, on the other side of the courtroom, the order of the day was deny, deny, deny. Something is wrong with that picture, and patients know it,” Smith insisted.

Learn more by contacting Arkansas personal injury lawyer Michael Smith at http://www.arkansaslawhelp.com.

Michael Smith
425 W. Capitol Av., Suite 3700
Little Rock, AR 72201
Call: 501.519.4357

“Having the website is a natural extension for us,” said Tampa personal injury attorney Robert Joyce. “We want clients to have the best source of information on their injuries and what steps they can take to improve their life within the law. From there, we will do everything in our power to make the guilty party accountable for the harm they caused you.”

Joyce and Reyes is known for taking cases to trial to get the most compensation for a person’s pain and suffering. Other firms just go for settlements, but their philosophy is that a jury trial can make a difference in changing the wrongdoer’s behavior and truly help their clients with the lifelong medical bills and care they are most likely to be up against.

“We are up to date on the latest changes in the law and know how to work with the insurance companies,” said Joyce. Attorney Joyce and Attorney Lillian Joyce-Reyes run the law firm and are passionate about upholding their clients’ rights. The website shows their track record of multimillion dollar cases and getting a defendant to pay for the plaintiff’s attorney fees because of their wrongdoing.

Individuals can also learn more about medical malpractice, nursing home concerns, pharmaceutical negligence, and pill mill cases. Joyce and Reyes offers free consultations and has an easy to use contact form for people to submit their concerns so that one of their attorneys can follow up. Of special note, the firm also has staff members that are fully bilingual in English and Spanish.

“We have brought justice to many clients and know how important it is that we fight for your cause so that you can take the time to heal,” said Joyce.

To learn more about the Tampa personal injury lawyer or the Joyce & Reyes Law Firm, P.A. visit http://www.joyceandreyespa.com/ or call 1.888.771.1529.

Joyce and Reyes Law Firm, P.A.
307 S Hyde Park Ave,
Tampa, FL 33606
Call: 813.251.2007

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“This is one shocker of a case,” commented Christopher Mellino. Mellino is a Cleveland medical malpractice lawyer of the Mellino Law Firm LLC in Ohio. “A young woman goes to the defendant’s office, complaining of a sore throat. Two days later she is dead. She received little in the way of treatment at the doctor’s office and was not thoroughly examined.”

The woman went to the doctor complaining of a sore throat. The physician only gave her viscous xylocaine to deal with the pain and soreness. He did not take samples and it is unclear as to whether or not he even looked down her throat when she was in his office. Two days later, the woman was taken to the emergency facility at her local hospital. She was in shock and suffering from severe metabolic acidosis (acidosis); a potentially fatal condition if not caught in time.

Acidosis happens when a person creates too much acid or the kidneys are not removing enough. It manifests itself in several ways; diabetic, lactic, hyperchloremic, kidney disease, distal tubular, proximal renal tubular, poisoning and severe dehydration.

While the young woman was still alive, blood cultures were drawn at the hospital. These cultures were later shown to have grown Group A streptococcus (GAS). Invasive GAS infections are the result of the bacteria breeching the defenses of the infected individual. Typically, those with chronic illnesses, steroid users, those with skin lesions, seniors and those who abuse alcohol or use injection drugs are at a higher risk of developing this disease. “No matter how the woman came to have this invasive and virulent infection, it could have been caught and treated by the doctor had he done a complete examination,” Mellino added.

The woman was ultimately transferred to another facility to obtain specialized care, however it was not long afterwards that she died. The medical examiner verified her death was caused by Group A streptococcus sepsis. The woman’s father filed a medical negligent wrongful death lawsuit that, in part stated the defendants failed to call for a Strep Screen and/or failed to prescribe antibiotics, which would have saved her life.

“Does this case stand a chance of winning? Based on the evidence, it is likely. If the necessary and prudent tests were not carried out in a manner that other doctors would have done in the same situation, then the door stands open for medical negligence,” observed Mellino.

For patients that feel they have been the victim of medical malpractice, do not wait to find out. Contact a competent Cleveland medical malpractice lawyer. The road to justice in cases like this is one that needs the aid and expertise of a skilled lawyer.

To learn more or to contact a Cleveland Medical Malpractice attorney or Cleveland malpractice attorney, visit http://www.christophermellino.com.

Mellino Law Firm LLC
200 Public Sq., Suite 2900
Cleveland, Ohio 44114
Call: (216) 241-1901

“It depends on how you look at medical malpractice as to how you feel about it. If you are a doctor, you may dread the day you are sued as the costs of defending such an action is quite high. Along with the high costs of litigation, comes the high cost of medical malpractice insurance. Which came first? The chicken or the egg?” inquired Christopher Mellino. Mellino is a Cleveland medical malpractice lawyer of the Mellino Law Firm LLC, in Ohio.

Two recent medical liability (tort) reform reports released by the American Medical Association and the Medical Liability Monitor have revealed that the average cost to defend a medical malpractice suit in 2010 was $47,158 and that in the same year roughly 63 percent of closed claims against doctors were dismissed, withdrawn or dropped, with no payments made. The cost to defend those actions ran around $26,851.

Actions that made it to court and saw a jury verdict rendered ranked about 8 percent for the defendant doctor and 0.6 percent for the plaintiff patient. In the cases where the jury found for the plaintiff, the average settlement was $331,947. The reports also showed that more doctors are now carrying insurance for more than $1 million.

Overall, the information presented by the two reports seemingly indicates that excess litigation against doctors would indicate the need for medical liability reform. At least, that is what the American Medical Association thinks. They also suggest the system is broken and because of that, everyone pays a price.

“While I agree that the system is broken, I vigorously disagree that there is excessive litigation in medical malpractice matters. Malpractice lawyers do not take any old case that walks through the doors and try and make it into a major medical negligence case. Typically, they take the cases that need justice to be done for the patient and someone to be held responsible for their medical negligence. Simply put, if doctors did not make egregious mistakes, there would be no lawsuits,” Mellino stated.

The reports do point out some interesting information, but they seem to skirt reality; the reality of what a medical malpractice victim faces when they take a case to court. Not everyone is waiting in the weeds with a gleam in their eye, thinking they can go ahead and file a medical malpractice lawsuit and get rich. The system does not work that way. Instead, it represents those who are in serious need of compensation for a botched surgery, a procedure gone wrong or a death due to an inexperienced physician.

“Do some cases lose in court? Yes, but that is not something anyone can predict. A jury does what a jury does. You have no control over their decisions. The point I make is that excessive litigation just does not exist among the ranks of medical malpractice lawyers. Who could afford it? Certainly not the patient and not the lawyer. It’s time someone took a serious look at malpractice for what it is, which is someone messing up in their job. It’s that simple, and they must take responsibility for their mistakes,” insisted Mellino.

To learn more or to contact a Cleveland Medical Malpractice attorney or Cleveland malpractice attorney, visit http://www.christophermellino.com.

Mellino Law Firm LLC
200 Public Sq., Suite 2900
Cleveland, Ohio 44114
Call: (216) 241-1901

“Medical malpractice is tough enough on a victim without something new cropping up to make matters worse. However, with e-devices on the scene, there is a new problem developing - distracted doctoring. Distracted doctors don’t deliver effective care if they are not paying attention to their patient and the situation. That won’t happen if they are distracted by e-devices, iPads and smartphones,” says Michael G. Smith, an Arkansas injury lawyer and Arkansas accident lawyer, practicing personal injury law in Arkansas.

Technology has caught up with the medical profession and not in a good way. Distracted doctoring is the equivalent to distracted driving without the car wreck. Instead, the patient may end up severely harmed or dead because a doctor was too busy reading their text messages or messaging in return to properly treat the patient.

“Has your doctor ever given you the wrong prescription or directions for taking a drug while they were trying to respond to text messages? Have they ever given you a strange answer to a question you asked because their attention was not fully focused on you? If you’ve been in a situation like this and got the wrong medications that harmed you, you need to discuss the situation with a qualified personal injury lawyer,” Smith advised.

There is no question the electronic devices allow a doctor to get access to important patient information, and thus they have a useful role in medical treatment. However, when the physician focuses on the e-device, to the exclusion of the patient, the chances of medical malpractice and hospital errors soars.

This new trend is not a surprise given the fact that e-medical records are becoming the in thing to have as opposed to paper charts. It is very easy and convenient to carry a portable e-device to access records right on the spot. This new way to chart is understandable when everything else in the world seems to be digitalized.

“But, and this is a ‘big’ but, people tend to get glued to their e-device screen and the information scrolling in front of them, to the exclusion of the patient, even if they are right in front of them. It’s rude for one thing, but more than that, it has the potential to be dangerous,” Smith observed. “How many times have you been in a restaurant and seen two people trying to have a conversation, which is impossible when both are glued to their Blackberry screens and reading text messages. If a doctor messes up because they were texting or not listening, it is far more serious than forgetting to order the entrée for lunch.”

The fact is that more people, and that includes doctors, are far more interested in what is going on with their Facebook account than in listening to a patient’s questions. Distractions can even include games, Internet research, and jokes; the list is endless and just about every doctor will be guilty of goofing off with their e-devices. The problem is when they do it while they are with a patient and don’t hear the person tell them their incision is flaming red, or that they are coughing up blood or cannot stop throwing up. A missed cue like this can drastically affect patient care and welfare.

“It is definitely not a stretch to say that patient’s lives depend on the doctor paying close attention to what they are told, see and hear. With a computer game or a Facebook message capturing their attention, they may miss the very thing that will kill their patient. If you think this is nonsense, someone has already started documenting this trend,” revealed Smith.

For instance, in one peer reviewed survey of 439 medical technicians, just about 55 percent of them confessed they had been on a cell phone talking, even while they were supposed to be monitoring a bypass machine during an operation. Some even said they texted during surgery. That should send a chill straight down the spines of Americans about to go to the hospital for a procedure. While hospital errors do not happen all the time, the potential for them to be deadly is real. It will take just one death from distracted doctoring for the medical profession to wake up. Whether they stop using e-devices during rounds or when dealing with patients is another matter.

Learn more by contacting Arkansas personal injury lawyer Michael Smith at http://www.arkansaslawhelp.com.

Michael Smith
425 W. Capitol Av., Suite 3700
Little Rock, AR 72201
Call: 501.519.4357

Earlier reports from the Chicago Tribune had established that regulators are slow to investigate or act on complaints against hospitals. But in December the paper reported that when regulators do investigate, they are unable to follow up to make sure the problems are corrected.

“The problems at Jackson Park Hospital that have been reported by the Chicago Tribune are outrageous,” said Chicago wrongful death attorney Paul Greenberg. “The people of Chicago’s Southside deserve better.”

There has been a pattern of deficiencies that include some repeat offenses, according to the Chicago Tribune’s reporting. The hospital provides acute care and has a psychiatric wing.

Patients who are at risk of suicide, seizures, falls or attacks are required to be given special precautions, according to the Chicago Tribune. The Department of Public Health has found that during the past two years, patient safety was threatened because the hospital failed to act on inspection findings.

A 2009 inspection revealed that the hospital was not following the orders of the physicians. The hospital said they would fix the problems, but the problems have persisted, according to the Chicago Tribune.

“It is the hospital’s moral and legal responsibility to ensure that patients are safe when they are in the institution’s care,” Greenberg said. “Whether they are a danger to themselves or other patients or even the staff, the hospital must provide a safe environment for the patients and employees.”

When a wrongful death occurs, a patient's family can go after the medical professional or facility that was careless or negligent. To learn more about Chicago wrongful death lawyer Paul Greenberg, visit http://www.briskmanandbriskman.com or call 877-595-HURT (4878).

Briskman Briskman & Greenberg
351 West Hubbard Street, Ste 810
Chicago, IL 60654
Phone: 312.222.0010
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“I’ve seen a lot of things over the course of practicing in the field of medical malpractice, and this latest trend of just anyone who feels like it declaring they can perform plastic surgery is particularly alarming. They can’t, and the results range from supremely botched procedures to death,” said Christopher Mellino. Mellino is a Cleveland medical malpractice lawyer of the Mellino Law Firm LLC in Ohio.

There are at least 17 million surgeries happening across the U.S. every year. Not all of them go according to plan. Currently, medical malpractice is happening as a result of people not seeing licensed doctors. This trend is beginning to emerge in the area of plastic surgery. People seeking that kind of treatment do not want to pay the prices qualified surgeons charge. Instead, they seek out cheap alternatives. “Cheap and getting what you paid for often wind up in the same sentence in these instances,” Mellino added.

Take the case of a woman recently apprehended by the police for injecting a concoction of unidentified materials, including cement, into another woman’s buttocks, or the instance where a woman, acting as a fake doctor, injected silicone into a man’s penis to enlarge it. He died the next day from a silicone embolism. The same fake doctor was also responsible for conjoining the breasts of a woman who wanted to replace ten year old silicone implants.

“It’s a frightening world out there when some individuals take it upon themselves, largely out of greed, to prey on the insecurities of others. Is what they are doing medical malpractice? Yes, it most definitely is. The fact that they are not licensed doctors does not change the malpractice aspect,” stated Mellino.

Just what do people who survive the errors do to recover compensation for their injuries? The first step is to speak to a qualified medical malpractice lawyer. “The second thing is to find out what the law says in the state where you live,” added Mellino. “There are 48 states that let non-board certified doctors perform plastic surgery. Just because someone may be a doctor does not mean they are qualified to perform plastic surgery.”

The major problem is many feel that anyone wearing a white coat is the good guy or the qualified doctor who will help them with whatever issue they have. They may even have some kind of certificate hanging on the wall. That does not mean it is real. People need to be asking a lot more questions when they find themselves in someone’s apartment or basement about to get their eyes, breasts or penis worked on. While the price may be right, the results may be severe injuries or death.

To learn more or to contact a Cleveland Medical Malpractice attorney or Cleveland malpractice attorney, visit http://www.christophermellino.com.

Mellino Law Firm LLC
200 Public Sq., Suite 2900
Cleveland, Ohio 44114
Call: (216) 241-1901

“Being aware means medical professionals should be asking more questions and openly communicating with patients about their diagnosis and options,” said Connecticut personal injury attorney Michael Stratton, of Stratton Faxon Law Firm. “If something does not seem right – about your medications, treatment, health, and the support staff that are looking after you, make your concerns known. You have a right to be involved in your care and get the care you deserve.”

The NPSF also encourages patients to take charge of their health. Taking the advised medications, going to follow-up visits, and communicating about one's health status to a family physician and specialists can go a long way to keeping a person healthy and safe. It is also recommended to ask a doctor what to expect from treatment and what should be done if new symptoms arise.

Everyone in the cycle of patient safety plays a role, from patient to hospitals, nursing homes and doctors' offices, to social service providers and caregivers. Sometimes the transition between each level of care is as critical to ensuring safety, so each person must be treated with safety and quality in mind no matter the setting. Reducing hospital readmissions and complications during transition, especially for patients with multiple health concerns, is key.

“Unfortunately, when patients are not informed and given the professional standard of care, they can be left with serious injuries from medical malpractice and sometimes families are left to deal with a wrongful death,” said Stratton. “Many of these incidents could have been prevented, and we applaud the Patient Safety Awareness Week to help lessen healthcare acquired conditions.”

To learn more, visit the Connecticut personal injury law firm at http://www.strattonfaxon.com.

Stratton Faxon
59 Elm Street
New Haven, CT 06510
Call: 203.624.9500

“In a series of events where he was not properly diagnosed and staff blew off his concerns, Adam is now left blind and with other complications such as seizures,” said Connecticut medical malpractice attorney Joel Faxon, who represents Mlodzinski in the case. “His pediatrician failed to diagnose bacterial meningitis and the staff did not also give him the duty of care that he deserved.”

Huang-Bulger diagnosed Adam with an ear infection at first and was given antibiotics. The next day he was still very ill, sensitive to light, and had a bad headache. Adam and his parents made multiple trips to the pediatrician, who then sent him to get a CT scan. His results came out normal so he was told he had a migraine and was given pain medication. After being tucked into bed that night, his parents later found him unresponsive.

They rushed to the hospital where they found he had bacterial meningitis and had to be airlifted to the Connecticut Children's Medical Center, where he remained in a coma for weeks, notes the Adam's Adventure website. Once he woke up, he still had to battle seizures, physical ailments, and had lost his vision. His rehabilitation was lengthy and he had to learn how to talk, walk, and eat again, and he still is undergoing rehab.

Bacterial meningitis covers the membranes of the brain and spinal cord, and needs to be promptly treated. The boy should have been sent to the emergency room, not for an outpatient CT scan. “A spinal tap would reveal he had meningitis and they could have given him an IV of antibiotics to stop the progress instead of leaving him blind,” said Faxon. “A receptionist, a doctor, and other medical staff cannot discount a person's concerns when their condition worsens by the day.”

Adam and his parents are optimistic about his progress and are championing the ability of all kids with special needs to enjoy themselves through the Adam's Adventure website. Their goal is to raise awareness and enough funds to have a playground for all children in Tolland with special needs to enjoy.

“This lawsuit serves as a reminder that not giving the adequate standard of care can have catastrophic consequences,” said Faxon. “No family should have to go through this.”

To learn more, visit the Connecticut personal injury law firm at http://www.strattonfaxon.com.

Stratton Faxon
59 Elm Street
New Haven, CT 06510
Call: 203.624.9500

“This is one of those cases that just makes you shake your head that a doctor could even think to do something like this,” remarked Charlie Donahue, a Manchester injury lawyer with offices in Keene, New Hampshire. “It certainly horrified the parents and prompted a medical malpractice lawsuit for good reason.” The baby in this case was left for dead in a plastic bin for more than four hours before a nurse discovered he was still alive and struggling to breathe.

At the time the baby was born in 2009 he was gasping to breathe and had an irregular and faint heartbeat. He did make a small cry at birth and moved his arms and legs. The doctor decided without consulting with anyone else, including the mother or a pediatrician, the baby would not live. He put the child in a plastic bin and left him on the counter, until the family could decide what they wanted to do with the body.

Four hours later, a nurse passing through the area discovered he was still alive and fighting to breathe. He immediately got resuscitation therapy and was transferred to a larger center for more specialized care. Three months later, he was considered stable but had suffered brain damage and other injuries as he was not provided with the proper care at birth.

The lawsuit states that a pediatrician should have been called right away to resuscitate the baby and place the child in the neonatal intensive care unit. Furthermore, the doctor was negligent in his care of the child and did not consult anyone about his decision that the child would not live. “In other words, the doctor was playing Satan, and his vile actions were criminal in the extreme and he totally botched it,” Donahue said.

“Medical negligence? Yes. At birth there was no timely or appropriate diagnosis, intervention, treatment or care. The child was shelved in a plastic bin based on one person’s opinion without input from anyone else. A shocking state of affairs to say the least,” added Donahue.

The medical malpractice lawsuit seeks unspecified compensatory damages. The hospital where the doctor was employed indicates he no longer works there and his medical license expired in May. While this case may be difficult to try, it is one that definitely needs to go to court.

To learn more about New Hampshire personal injury lawyer Charlie Donahue, visit http://www.donahuelawfirm.com.

Donahue Law Firm
143 West St.
Keene, NH 03431
Call: (603) 357-2363
Toll Free: (800) 498-4554

“There was a time when doctors first thought that medical malpractice reform was a knight in shining armor, and perhaps, at first blush, it was. Over time, medical malpractice reform has demonstrated something that attorneys have known for a long time: that the medical malpractice system is still as unfair and unjust as ever,” remarked Christopher Mellino. Mellino is a Cleveland medical malpractice lawyer of the Mellino Law Firm LLC, in Ohio.

Medical malpractice reform is beginning to take on a whole new face, one that many people did not expect to see. Doctors are leaving smaller practices and flocking to larger institutions for several reasons. Often they are left with little choice but to abandon their own practice and make the move in order to survive economically. It is also easier to practice medicine when one’s employer pays for the medical malpractice insurance.

More and more, the media is running stories about doctors waffling on the issue of tort reform. They are not so much agreeing with the theory that tort reform causes defensive medicine, and not often linking medical malpractice lawsuits to liability insurance premiums driving the good doctors out of practice.

“The issue is even simpler than that. It has to do with how unfair the system is, and how innocent victims are suffering for medical mistakes. As for defensive medicine, the tests called for before tort reform, are the tests called for after tort reform. A good doctor is a good doctor, and will order what tests they think are required. For those who do not do that, tort reform had and has nothing to do with their negligence,” added Mellino.

The simple truth of what is now transpiring across the nation is that private practice physicians are becoming scarce, slowly but surely. Doctors in smaller offices are seeing their patient base erode, thanks to larger, bigger, newer, and supposedly better medical institutions arriving in the neighborhood. Many consider this to be part one of the changing face of medical care in America.

Part two is that doctors want to become employees of the bigger hospitals and other multi-discipline organizations. The reasons for this vary, but include their wish to have reasonably regular hours, family time, less paperwork, not have to worry about making a payroll for staff, or chase insurance companies for the money they are owed and last, but not least, they do not have to pay their own medical malpractice premiums. “That does not mean they can’t still be sued, because they can, but it does mean they do not have as much at stake as a private practitioner,” Mellino pointed out.

“In the meantime, medical malpractice reform continues on; not fairly, not justly, not compassionately and not in the interests of the victims,” said Mellino. “Only an experienced medical malpractice lawyer has the care and concern to assist those who need compensation for injuries received at the hands of a medical health practitioner.”

To learn more or to contact a Cleveland Medical Malpractice attorney or Cleveland malpractice attorney, visit http://www.christophermellino.com.

Mellino Law Firm LLC
200 Public Sq., Suite 2900
Cleveland, Ohio 44114
Call: (216) 241-1901