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Mellino Law Firm LLC

Industry: Human Resources

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July 29, 2009

Medical Errors Result in a High Death Toll

1:47 pm | Christopher Mellino | Be the first to comment

Sadly, medical errors that were preventable in the first instance
are the reason that thousands of Americans are badly injured or die
each year.

This is yet another great debate among trial lawyers, Cleveland malpractice lawyers,
and the public in general, over the number of medical errors that were
preventable. This subject inevitably comes up when anyone reads a story
about medical negligence or is discussing how to reform the medical
health system to prevent these errors. Actually, the core of the
discussion is medical negligence resulting in medical errors.

It's funny, but most people who wind up talking about this topic
usually cut a wide swath around the issue of the inherent negligence,
which is the underlying problem and causation of medical errors.
Usually when this argument raises its ugly head, people dodge the real
issues. When it comes to actually tackling negligence itself, there
tends to be a resounding silence unless you have a chance to speak to a
Cleveland malpractice lawyer well versed in the nuances of this debate.

Frankly, the only way to make a significant difference in the health
care system today is to deal with the negligence that causes medical
errors. If medical errors were reduced, many of the other companion
problems would be addressed. This isn't to say they would be one
hundred percent resolved, but it would be a good start. Here is the
real truth – if medical errors were decreased, the costs of health care
would go down, medical malpractice insurance premiums would be scaled
down and patients would remain healthy and safe. This is an opinion
shared by many Cleveland malpractice lawyers.

If you seriously don't think medical errors are that much of a
problem, consider the fact that they cost the system close to $29
billion dollars a year. Yes, billion. A staggering number that is
highly preventable if someone takes the bull by the horns about
avoiding negligence and does something about it.

If you need further convincing, then do some research on the extent
of medical errors as outlined by the Institute for Healthcare
Improvement. Their numbers estimate 15 million people are medically
harmed every year. Don't stop there, ask a highly skilled Cleveland
medical malpractice lawyer what the real scoop is and be prepared for
an honest and in-depth answer.

This is really just the tip of the iceberg that sank the Titanic.
The unaddressed negligence issue will founder the medical care system
if left unchecked. And yet, many Americans today remain unaware of the
problem, and how all encompassing it appears to be. This is really
quite odd when you consider that one in three people has personally
experienced a medical error and one in five were seriously harmed or
died. What is even more interesting is that the public generally
estimates death by medical error to be about 5,000 yearly, and not
numbers running into the millions.

The odd twist to this debate is that while Americans think medical
malpractice negligence suits are rampant, the reverse is really the
truth. The problem is preventable medical errors causing serious harm
and taking lives.

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

July 01, 2009

Lipitor the Cholesterol Buster

11:39 am | Christopher Mellino | Be the first to comment

Touted as a new cholesterol buster, Lipitor was said to have very few side effects. That turned out not to be true.

Atorvastatin seemed to be a dream drug, the answer to those who were
diagnosed with high cholesterol levels. Pfizer marketed this drug like
there was no tomorrow and made it a point to mention that Lipitor had
very few side effects.

Unfortunately, that wasn't the case and many people across the
nation found themselves talking to a dangerous drug attorney to assess
their case. Lipitor is in a class of drugs called statins whose major
function is to lower cholesterol.

Pfizer has a history of bringing out blockbuster drugs and you might
recognize some of them because they are so popular: Viagra, Diflucan,
Zithromax, Celebrex and Zoloft. They are also noted for the
groundbreaking drug, Aricept, used to treat Alzheimer's patients.

Lipitor/atorvastatin turned into a virtual success overnight, raking
up sales of close to $12.9 billion in 2006 when it was first released
on the market. From then on, sales have continued to soar and return
healthy revenue to Pfizer.

Then, one day the roof fell in, and Lipitor patients were reporting
rhabdomyolysis and severe liver damage. Lipitor sales plummeted to
about $6 billion for the first quarter of 2007 compared to $6.2 billion
in the same quarter in 2006.

Despite the damaging reports from Lipitor patients, statins are
still in high demand, as more than 52 million people suffer from high
cholesterol. Roughly one-third that number seeks treatment for it. The
sales potential for this drug is virtually unlimited. The patent on
Lipitor is good until 2010 even though the drug company wanted an
extension until 2011.

Things were going well until the Food and Drug Administration
started getting reports that people were dying from liver damage, heart
problems and severe muscle deterioration as a result of taking Lipitor.
It turns out that Lipitor's side effects may be numerous, including
diarrhea, muscle pain, headache, joint pain, memory loss, severe liver
problems, and non-functioning muscle fibers (rhabdomyolysis).

Non-functioning muscle fibers means muscle breakdown, with the
muscle cells purging their contents into the blood stream. This winds
up in the liver and causes severe damage or death. This drug inhibits
an enzyme needed to make cholesterol in the liver. It also blocks the
manufacture of CoQ10 that benefits the heart.

The Institute for Safe Medication Practices and the Division of
Public Health Sciences found Lipitor to be one of the most dangerous
drugs on the market. In fact, it ranked it as the eighth most dangerous
drug with over 6,000 adverse events. That's pretty hard to ignore.

If you have experienced Lipitor side effects, contact a highly
skilled dangerous drug attorney and discuss your situation. Knowing
your rights will help you decide whether or not to file a dangerous
drug lawsuit.

Appendix Removal Potential Medical Malpractice

11:39 am | Christopher Mellino | Be the first to comment

Who really has an appendix left these days? It seems like most of us
had them out when we were kids and could still eat a bowl of ice cream
as a reward.

Appendicitis, the end result of an inflamed and diseased appendix,
is referred to as a surgical disease, as it usually requires the
removal of the organ from the body. Often it becomes irritated and
enlarged and at that point becomes what doctors classify as a medical
emergency. Removal of this organ is considered an emergency because if
it bursts and spills out toxic contents into the system, the problem
becomes even worse, if not life threatening.

The interesting thing about the appendix is that no matter what
stage the appendicitis is at, surgeons still recommend its removal as
soon as possible. Most of these operations are safe and go as planned;
however, there is the possibility of developing post-operative
complications thanks to surgical malpractice. In some instances, there
have even been cases cited where a patient had an unnecessary
appendectomy of a healthy appendix.

The more advanced the infection of this organ, the more difficult
and risky the surgery. In these cases, patients have been known to
develop either an abscess or sepsis after surgery. Sepsis is a
dangerous condition that presents as a whole-body inflammatory state,
also called a systemic inflammatory response syndrome.

These possible complications of performing surgery if an appendix is
too diseased, is usually one of the things that prompts physicians to
operate early and avoid the problem of advanced appendicitis. This
isn't to say that all cases of appendicitis are correctly diagnosed in
the first place, as it tends to mimic many other illnesses and is thus
hard to correctly diagnose. There are also cases of appendicitis
patients who have no symptoms and no one knows that until the disease
is seriously advanced.

Unfortunately there are still no reliable medical tests these days
that are totally accurate in diagnosing appendicitis, and for this
reason, if the surgeon suspects a diseased appendix; their first
instinct is to remove it before problems develop. Yes, it's a risk to
remove a healthy organ, however given the alternatives most surgeons
would err on the side of caution.

Removing an appendix in young children is another proposition
altogether and surgical statistics indicate at least 9% of children who
have an appendectomy had a healthy appendix. One of the reasons
children's appendixes tend to be healthy when removed is due to the
fact that it’s a lot more difficult to diagnose appendicitis in kids.

If you feel you are the victim of medical malpractice, contact a
highly qualified medical malpractice attorney and discuss your case.
The attorney will be able to explain your rights and assess your case.

May 21, 2009

Know the Risks of Birth Injuries

3:34 pm | Christopher Mellino | Be the first to comment

Giving birth, while exciting and a miracle, is often fraught with
some nasty complications. Be aware of your legal rights when dealing
with birth injuries.

While many parents don't want to think about the possibility of
something happening to their child as it is being born, the truth of
the matter is that birth injuries do happen. They may include injuries
such as paralysis, brain injury, fetal distress, cerebral palsy,
dystocia, breech presentation, and cephalopelvic disproportion. All of
these particular injuries may occur as the result of the doctor's
negligence.

Is there a way to minimize things like this happening, and if so,
what would you be able to do to avoid this happening to you during the
birth of your child? The first thing is finding a doctor you are
comfortable with and finding out if others have had positive
experiences with that physician. This isn’t to say that something may
not happen during delivery, but if the doctor has a good track record
with other mothers, chances are you are in good hands.

Do your homework on what birth injuries are possible and make a list
of questions to ask the doctor. Ask what is done to monitor you and the
baby for any possible complications. In general, the most common cause
of birth injuries is because the physician isn't properly monitoring
mom and baby. If this is discussed prior to the baby's arrival, chances
are the doctor will be more aware of his responsibilities.

While there is no need to feel paranoid about giving birth, it
honestly doesn't hurt to be as well-informed as you can about things
that have the potential to go wrong. Talking to the doctor about those
things is also one more step toward understanding what the physician
goes through to make sure your baby arrives safely.

If you are in a situation where you are certain a birth injury took
place as the result of the negligence of your attending physician,
contact a top notch med mal attorney and discuss your case options.

Misdiagnosis versus Failure to Diagnose

3:33 pm | Christopher Mellino | Be the first to comment

While you might not think it makes much difference whether your
doctor misdiagnoses you or fails to diagnose you, there is a
distinction in law. Speak to your attorney if you are in a situation
like this.

We all look up to doctors and other medical professionals because by
virtue of their training, they have the skills and ability to make us
feel better – to fix what is wrong. Most doctors, etc., take this
responsibility very seriously and follow the "Do no harm," oath of
their profession. However, negligence does stalk the halls of many
medical facilities, including physician's offices, and the act of
acting in error or failing to act, becomes a very serious matter.

In medical malpractice law there are two common oversights we see on
a regular basis – the misdiagnosis of a medical condition or the
failure to diagnose a certain medical problem. It's a startling fact
that roughly 40% of med mal lawsuits in the U.S. are the result of a
doctor failing to diagnose someone promptly.

Let's take a quick look at misdiagnosis. This is when a patient is
told they have something that they really "don't" have. Needless to
say, subsequent treatment may cause any number of complications. The
major point here is that the "real" condition is going undiagnosed and
untreated. In reality, the patient then has two problems – the
misdiagnosis of the real condition and the failure to diagnose the real
condition.

If a particular illness is time sensitive, such as a viral heart
infection or cancer, it is crucial that the proper treatment be started
post haste. Not diagnosing the real condition results in leaving it
untreated for far too long, causing the patient serious problems.
Treatment given for the wrong thing may exacerbate the problem and/or
cause another problem entirely, prescriptions given in error compound
the original diagnostic error(s).

On the other end of the continuum, we see cases where doctors
totally missed the boat in figuring out what is wrong with a patient,
or managed to get it right too late. Again, with some diseases, time is
of the essence and if treatment is delayed or not commenced, the
consequences could be deadly. The sad thing is that in these cases,
what was once possibly treatable then becomes untreatable if left too
long.

If you're faced with a suspected failure to diagnose or a
misdiagnosis, contact a highly skilled med mal attorney and discuss
your legal rights and options.

April 23, 2009

Are You Awake?

11:34 am | Christopher Mellino | Be the first to comment

If you've ever had a medical test done at a hospital under something
called "conscious sedation," be aware this has the potential to be a
highly risky procedure.

These days the use of conscious sedation is on the increase in
outpatient centers, clinics and hospitals. This isn't to say that the
increasing rate is necessarily a bad thing, but you should be aware
that there are serious risks associated with conscious sedation.

Many times this procedure is performed without any anesthesia
personnel present during the administration of the drugs, during the
actual test or while the patient is recovering. Anesthesia personnel
include an anesthesiologist or a Certified Registered Nurse Anesthetist
(CRNA); people who assess and/or give sedation drugs. For the most
part, the reason for not using anesthesia personnel is strictly a cost
saving measure. It is not for patient safety.

While this might not bother the person who is undergoing the
procedure, they really need to know that the drugs that are used for
sedation are respiratory depressants. Where the danger arises during
this type of protocol is problems assessing a patient's physical status
classification – as in how well they will tolerate anesthesia,
especially if they have other health issues.

Other areas that cause concern are the dose levels of the sedation
drugs and being aware of, recognizing and responding when a patient is
in trouble or has slipped over the edge into a deep sedation. Personnel
on deck during the procedure (who must be Advanced Cardiac Life Support
or “ACLS” trained and certified) need to be able to immediately reverse
the drugs, rescue a deeply sedated patient or be able to resuscitate
someone who goes into cardiac arrest. The ACLS training is supposed to
be updated every year; however this is not always the case.

Although conscious sedation is supposed to help patients deal with
the pain and/or anxiety of certain not so pleasant tests, this
"twilight sleep" has the potential to do them more harm than good. In
fact, these days, the drugs to induce this kind of "sleep" are even
more potent than before and are usually short acting compounds. Being
more potent means the patient slips "under" much more quickly than ever.

If you or a loved one has had a brush with danger during the use of
conscious sedation, and has suffered lingering side effects, contact an
experienced medical malpractice attorney and discuss your potential
case.

Traumatic Brain Injury May Progress to Vegetative Coma

11:34 am | Christopher Mellino | Be the first to comment

With the rising car crash statistics across the nation, it's no
small wonder the numbers of traumatic brain injuries are also on the
increase. Traumatic brain injury patients are at higher risk to slip
into a vegetative coma.

Traumatic brain injuries (TBI) are also called contrecoup brain
injuries that, in a nutshell, means "A specific area of brain injury
located directly opposite to the site of impact to the head that
results from linear violent collisions of the brain with the skull."
While many TBIs appear to be just fine after their accident (e.g.
Natasha Richardson), they rapidly develop a variety of symptoms that
may include headache, nausea, dizziness, ringing in the ears, blurred
vision, and problems concentrating.

While a TBI may be classified as mild to severe, even a mild form of
TBI may have life altering and long-term consequences. Mild brain
injuries usually wind up with the patient either briefly losing
consciousness or not, and then feeling dazed and confused later.
Moderate brain injuries may last for mere minutes or hours, with the
resulting confusion hanging on for weeks or months. The length of time
for cognitive impairment may range from months to permanently.

A diagnosis of severe TBI has the potential to last months to years
with the patient being unconscious the whole period of time. In these
particular cases, the patient runs a very high risk of slipping into
what is called a "vegetative state" or "locked in" syndrome. In most
instances such as this, impairment, even if there is recovery, is
permanent.

TBI cases are touch and go and leave doctors without many options to
handle this kind of injury. Treatment mainly consists of stabilizing
the patient to prevent further injury and making sure the brain is
properly oxygenated, keeping consistent blood flow and controlling the
fluctuating blood pressure.

Depending on the cause of the accident that resulted in a TBI, the
patient or a representative on behalf of the patient, may be able to
file a personal injury lawsuit. If you or a loved one faces something
like this, speak to a highly skilled medical malpractice lawyer to
obtain compensation.

April 07, 2009

Birth Trauma Litigation

2:20 pm | Christopher Mellino | Be the first to comment

Birth trauma litigation is a very complex area of the law, and only
a highly skilled attorney with an extensive track record in this area
is able to ensure justice for the family.

Birth trauma usually refers to situations where children are victims
of medical malpractice as they are being born. They may suffer
significant injuries or death during, or as the result of something
going wrong with the pregnancy or during delivery. "This is to be
clearly distinguished from birth defects that happen prior to birth and
were likely the result of genetic flaws or other processes during the
pregnancy," outlined Christopher Mellino, of the Mellino Law Firm in
Cleveland, Ohio.

Statistically speaking, it appears that birth injuries may occur in
roughly five out of 1,000 births. While not a shocking number, it is
still high enough to cause concern. Injuries of this nature are usually
the result of a nurse, mid-wife or doctor failing to properly assess or
react to conditions that arise during pregnancy or during the baby's
delivery.

Not every birth injury forms the basis of a medical negligence
claim. In fact, in order to file such a claim, the injuries must be
severe, if not classified as catastrophic. The reason for this is that
these kinds of cases are enormously expensive to pursue. Most
litigations of this nature require an in-depth review of the medical
records, and the presence of various medical witnesses who testify that
the physician involved in the birthing violated the accepted standard
of care. "Medical negligence claims do tend to be expensive," said
Mellino.

Some of the medical negligence cases that Mellino has tried have
involved children who did not survive birth, suffered permanent brain
damage, shoulder dystocia, Erb's Palsy, and Cerebral Palsy.
"Unfortunately there are a high number of birth trauma cases that go
unreported because the parents are not aware they may be victims of
medical negligence or because the injuries may not be that serious,"
added Mellino.

In all cases where a child has suffered a birth trauma, it is best
to consult with a skilled medical malpractice lawyer such as
Christopher Mellino, of the Mellino Law Firm in Cleveland, Ohio.
Mellino is noted for his razor sharp ability to get to the heart of his
cases and get justice for his clients.

To learn more about Cleveland medical malpractice, Cleveland malpractice lawyer, Cleveland medical malpractice, Cleveland medical malpractice lawyer, visit Christophermellino.com.

Amputation – Loss of Limb Litigation

2:19 pm | Christopher Mellino | Be the first to comment

In most instances, amputation is thought of as the removal of a body
part via surgery or trauma. It is usually performed to stop the spread
of a disease or limit an existing malady.

Amputation has a rather colorful history starting in the 15th
century when doctors performed surgical intervention on gangrenous or
severely injured limbs. "Needless to say the results were often less
than perfect due to infection and major blood loss," indicated
Christopher Mellino, of the Mellino Law Firm in Cleveland, Ohio.
Amputations weren't performed with any degree of frequency until the
19th century when anesthesia was introduced into the equation and blood
loss and infection control became more effective.

By the time the 20th century rolled around, the better the medicine,
the better the amputations – often resulting in prosthetic limbs and
longer, healthier lives. In the 21st century the major reasons for
amputations include gangrene, diabetic foot infections, bone
infections, cancerous bone or soft tissue tumors, and traumatic limb
injuries. The amputation itself results from negligence in gangrene
cases, or as the result of vascular injuries that were not recognized
soon enough to be treated in a conventional manner.

"In fact, failing to diagnose vascular insufficiency when the
arteries in the leg are blocked from blood clots is a common source of
below or above the knee amputations," said Mellino. Other loss of limb
injuries may be the result of a person losing the function of a limb
due to a nerve injury. In addition, there is also the medical
mismanagement of a diabetic foot that may result in a medical
malpractice case, although these amputations may also be due to
gangrene.

In dealing with amputations over the years, I have seen many
different forms that included fingers and toes as well as portions of
toes or fingers. Calculating a just compensation in these cases is
difficult," added Mellino. Prosthethics are costly and need to be
upgraded and replaced over the course of their useful life and if the
amputation that resulted in the need for prosthetics was due to a
negligent act by someone else, the person who caused the injury should
bear the costs.

The costs don't just stop there either. An amputee may be looking at
significant expenses to modify vehicles, their workplaces or their
homes. In home renovations to accommodate the injury should not be the
responsibility of the victim either. This is another element used in
the calculation of damages when such a case makes it way to the courts.
"We also factor in medical bills, rehabilitation, pain and suffering,
therapy, lost wages and loss of consortium, etc," explained Mellino.

This isn't an easy area of the law and many of the clients that
Mellino handles have faced a lot of devastating trauma. Mellino's
reputation for treating his clients with respect and dignity is
well-earned, and he will go to great lengths to ensure his clients get
justice and fair compensation.

To learn more about Cleveland medical malpractice, Cleveland malpractice lawyer, Cleveland medical malpractice, Cleveland medical malpractice lawyer, visit Christophermellino.com.

Product Liability Law - Propulsid

2:19 pm | Christopher Mellino | Be the first to comment

Propulsid was supposedly designed to solve acid reflux; instead its side effects caused fatal heart rhythm abnormalities.

Propulsid/Cisapride was made by Janssen Pharmaceutical and was
supposed to handle nighttime heartburn by moving food out of the
stomach, and keeping acid away from the esophagus. It was approved by
the Food and Drug Administration (FDA) in 1993, and was marketed as
being able to tighten the valve between the esophagus and the stomach.

For three years there was no warning label about the drugs effect on
people's heart rhythms. Then adverse event reports began coming in,
prompting Janssen Drugs to warn people they could die taking Propulsid.
The drug was finally taken off the market in 2000. Taking it off the
shelves affected over 350,000 Americans taking it. Over 30 million
people had taken the drug since 1993.

Up until 2000 when Propulsid was taken off the market, the FDA
received approximately 341 reports of serious heart problems and at
least 80 deaths. Those stunning figures are what prompted the drug
recall. Propulsid was approved for use only with adults, but it
appeared infants and premature babies got it as a treatment for colic.
Of the 80 deaths, 11 were children and 20 of the 341 adverse reactions
were little ones with nonfatal heart irregularities.

Other damning evidence leaked out about this drug while it was still
being marketed. Facts included information that Propulsid reacted badly
to other drugs, and should not have been taken with allergy medicines,
antidepressants, medicines for irregular heart rhythms, antibiotics,
etc.

Propulsid side effects included sudden death, heart attacks, heart
rhythm disorders, seizures, hepatitis, thrombocytopenia, and aplastic
anemia, etc.

Propulsid lawsuits indicate the drug company didn't perform proper
safety studies that would have told them this was a dangerous drug.
There were also allegations that the FDA didn't reveal research that
indicated the drug was flawed, because how it worked was supposedly a
trade secret.

If you have any questions about having taken Proplusid/Cisapride, or
about your legal rights when it comes to taking dangerous drugs,
contact a dangerous product attorney who will advise you on how to
proceed.

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