May 1, 2012 in Criminal Defense, Legal, Legal Articles by jferris

Landmark Victory of $31 Million for Medical Malpractice Victims

It took 14 years for justice to prevail in this case. However, the victim will receive a just payout.

This case revealed some highly distressing information about the medical health system in the county where the 14-year-old boy was born. He is confined to a wheelchair and cannot speak, but he can think clearly and understand what is being said to him. Nonetheless, he requires around the clock care that is currently provided by his mom.

During the process of bearing her child in 1997, the young mother was given drugs to stimulate her labor. However, she was given far too much of the drug, which virtually starved the baby of oxygen. The hospital did not initiate prompt corrective action either, and as a result of the difficult birth and oxygen starvation, the baby boy was diagnosed with severe cerebral palsy.

Fast forward to 2012 and the Florida House panel approving the boy’s $31 million claim. In a 12 – 1 vote, the Civil Justice Committee passed the claims bill. HB 965 will be the largest claim paid out in the history of the state, and will mandate the publically run health system and hospital where they lived to pay the award to the family.

The defendants in this case are not happy, as they state they did not cause the boy’s condition. But the information that angered many is that the hospital system involved in this case does not have insurance. Does not have insurance, what a shocking revelation. What hospital in their right mind operates without liability insurance?

In fact, a spokesperson for the system without insurance suggested the state should pay between $2 and $6 million, and the system would contribute the same amount towards children’s health care. Asking the state to pay for their screw up was, without a doubt, an audaciously dumb move.

Hopefully this kind of disturbing revelation isn’t just the tip of the iceberg. The very thought of other hospitals in other states not having liability insurance is a deeply frightening thing to contemplate. What that says about hospital administration, medical malpractice liability issues and patient’s rights is even more distressing.

In order to pursue a medical malpractice lawsuit, you would need the assistance of a qualified Cleveland medical malpractice lawyer. These cases are often time consuming, convoluted, fraught with setbacks and filled with anxiety for the plaintiffs. With the compassionate assistance of a Cleveland medical malpractice lawyer, the process is not as difficult to handle.

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

April 30, 2012 in Criminal Defense, Legal, Legal Articles, Personal Injury by jferris

Beware Florida Medical Malpractice Legislation that Skewers Innocent Patients

For some reason, politicians in Florida want to stick it to medical malpractice patients. They want to pass a bill limiting doctor liability.

If you have ever been the victim of medical malpractice, you will know how passionate you have become about making sure the medical professionals who harmed you are held responsible. It becomes a quest for many patients that have been victims of medical malpractice, and they hope what happened to them will never happen to someone else.

If the Florida Legislature gets its way, holding doctors accountable for medical malpractice will become a virtual impossibility. This is not good news for any state, not just Florida, for what passes there, may well be passed in other jurisdictions like Ohio. As a Cleveland medical malpractice lawyer, this type of Draconian legislation makes the blood run cold.

The Florida Bill is supposed to reduce the medical malpractice liability of medical professionals in that state. It is deeply disturbing for many reasons. It acts as a shield for doctors from liability for harming a patient. For example, if a physician is negligent in not ordering necessary tests, the result could seriously harm or kill a patient. If there is a misdiagnosis or delayed diagnosis, a patient may not survive. This bill states the patient needs to show clear and convincing evidence that the doctor was negligent in not performing other tests.

Most patients are not doctors. Putting them in the position of having to clearly prove the doctor was negligent is like handing a stick of dynamite to a toddler and telling them not to play with the matches sitting on the table in plain sight. No one in their right mind would risk a child’s life like that, but the state of Florida is willing to risk an innocent patient’s life to continue to let a negligent doctor practice. What is wrong with that picture?

Patients went to the doctor because they trusted them, needed care and expected, because of the doctor’s higher standard of training, that they would be helped. If they are seriously harmed or killed by the very person they trusted, they would be hung out to dry by this proposed bill. Patients just do not, and in most cases never will, have enough evidence to satisfy such a high legal burden.

If this bill passes, they will not be able to receive the compensation they would deserve if they were harmed by their medical doctor. That means patients may face catastrophic injuries, at the hands of a doctor, that they have to pay for, for the rest of their lives. How is this fair?

A serious warning note is being sounded by another provision in this same bill; the drive to discourage doctors from ordering tests that would pinpoint grave illnesses before they got to the point of no return. If doctors are being encouraged to not order tests that could prevent a needless death, more people will die for no good reason. It makes you wonder what legislators regard as good medical care and if they needed tests, would they expect them? Likely they would, but they don’t want you to have them.

If it isn’t bad enough that the bill wants to rip away patient’s protection against medical malpractice, it also invades their privacy. It proposes letting a doctor’s lawyer interview the patient’s other doctors without the patient or the patient’s lawyer being there at the same time. This is a clear violation of patient rights. It gives defense unfettered access to health information that is not relevant to a lawsuit, and provides defense attorneys with an unfair advantage. It is the patient, harmed by the doctor that is to be protected, not the doctor who negligently committed medical malpractice. Attacking tort victims as if they were the enemy makes no sense. Hopefully Florida comes to its senses before passing something that will set patient’s rights and protections back to the Dark Ages.

Christopher Mellino is a <a href=”http://www.christophermellino.com/”>Cleveland Malpractice Lawyer</a> specializing in <a href=”http://www.christophermellino.com/”>Cleveland Medical Malpractice</a> cases in Ohio. To learn more, visit Christophermellino.com

April 27, 2012 in Criminal Defense, Legal, Legal Articles by jferris

Criminal Suspects Cannot Be Digitally Tracked without a Warrant

Recently, the U.S. Supreme Court ruled that police must obtain a warrant before using GPS tracking devices to monitor suspects. The ruling reinforced fourth amendment rights in the digital age.

Under the fourth amendment of the U.S. Constitution, citizens are protected against unlawful search and seizure. While the constitution does not have a “right to privacy” clause or even the word “privacy” in it, Bill of Rights does offer many protections to citizens that protect their privacy. Never are these protections more important than when someone is accused of a crime.

The high profile case of United States vs. Jones involves a nightclub owner and drug dealer named Antoine Jones. Washington D.C. Police installed a GPS tracking device to his vehicle and monitored his movements for 28 days as part of their investigation. This is certainly not the first time the police have used GPS tracking devices as part of their investigation.

During the 2003 investigation of now convicted murderer, Scott Peterson, Modesto, Calif., police installed GPS tracking devices on four vehicles used by Peterson in an effort to gather evidence and find the body of his missing wife, Laci Peterson. During the trial, Peterson’s defense attorney Mark Geragos did not argue about the constitutionality of the GPS tracking device but instead argued the accuracy of the technology.

His argument included the fact that the FAA had not approved GPS technology to be used in the landing of aircraft thus arguing that it did not provide a level of accuracy worthy of credibility, especially in a capital murder trial. However, the judge allowed the GPS data to be used in the trial.

While GPS technology has improved since then, the accuracy of the devices was not in question in the recent Supreme Court case but rather the invasive, warrantless nature of the devices. The justices found the devices to be more intrusive on a citizen then low-tech methods of tracking like following and personal surveillance.

During the case, the attorney arguing on behalf of the United States was asked by Chief Justice John Roberts, “You could tomorrow decide that you put a GPS device on every one of our cars, follow us for a month, no problem, under the Constitution?”

Deputy Solicitor General Michael R. Dreeben replied with “yes.”

With their ruling against unwarranted GPS tracking devices, the Supreme Court extended a privacy right to U.S. citizens suspected of crimes. Often times, individuals that are known suspects in a crime make the mistake of believing their innocence alone is substantial to maintain their freedom. If suspected or charged with a crime, one should immediately contact an experienced criminal defense lawyer that can make sure the police are not overstepping their boundaries and infringing upon their rights.

To learn more about Polk County criminal defense lawyer or Polk County DUI lawyer Thomas Grajek, go to http://www.flcrimedefense.com/ or call 863-688-4606.

March 22, 2012 in Criminal Defense, Legal, Legal Articles by jferris

New Civil Citation Program Reducing Juvenile Delinquency

Florida’s public schools are safer than they have been since the state started collecting juvenile delinquency data in 2004 thanks to the state’s new civil citation program.

During the last six months of 2011, delinquency referrals fell 16 percent compared to the same period during 2010. A referral is a misdemeanor or felony arrest for a crime committed on school grounds. The statistics fell in 46 of the Sunshine State’s 67 counties, according to a press release from the Department of Juvenile Justice.

Schools are working with the DJJ to take advantage of effective arrest alternatives like civil litigation. With fewer students getting an arrest record for committing acts of misconduct, the system is free to process criminal threats.

The majority of arrests for school-related activities are misdemeanors, according to the release. The DJJ must process all juvenile delinquents through the courts. So, the fewer the charges, the more efficient the system.

Florida began offering civil citations as an option last spring after the state legislature passed the measure. Gov. Rick Scott trumpeted the move as a significant advance in juvenile justice policy that will make the Sunshine State an example for the nation.

The legislation allows officers to issue a civil citation if he or she suspects a youth of a first-time misdemeanor. Then the young person must admit to the offense, potentially participate in intervention services and perform community service.

Supporters of the civil citation program say it allows for an intervention for non-violent youth before they get a criminal record while still holding them accountable for their actions. By intercepting young people early, criminal justice professionals and community leaders hope to turn lives around before they get too deep into the criminal justice system, according to a release.

The program also saves the state millions of dollars that normally would have been spent in the criminal justice system. The hope is that the civil citation intervention will prevent youth offenders from ever being in the criminal justice system. Numbers for the first year have been dramatic and encouraging, according to the DJJ release.

The state’s goal of a pure prevention model ¨C emphasizing education and using enforcement as a last resort ¨C seems to be working quickly in south Florida. In Miami-Dade, the juvenile delinquency rates dropped by 60 percent during the second half of last year compared to the same period in 2010. The school system had 585 school referrals in the fall of 2010 and only 232 in the fall of 2011.

Miami-Dade is the most populous county in the state, so for it to have the biggest drop is meaningful. Families with a child who has been caught up in the juvenile justice system should call a criminal lawyer with experience in juvenile cases.

To learn more about Polk County criminal defense lawyer or Polk County criminal defense attorney Thomas Grajek, go to http://www.flcrimedefense.com/ or call 863-688-4606.

March 17, 2012 in Criminal Defense, Legal, Legal Articles, Personal Injury by jferris

Informed Consent Means Being Aware of Who is Performing a Medical Procedure

When we go for medical procedures, we do not always get the doctor who we expect to perform them. This may open the door to medical negligence.

This reported case is a prime example of a medical procedure gone wrong when done by someone who was not as well trained as the primary doctor on the case. The 29-year-old woman suffered a miscarriage in 2007 and was slated for a dilation and curettage. She assumed that her obstetrician would be doing the job. It turned out to be a hospital resident who perforated her uterus with ring forceps, snagged a section of her bowel and tore her rectum. What a nightmare.

As a result of the torn bowel, the woman needed an ileostomy in place for three months while she healed. However, she sustained permanent injuries that included the loss of a section of her bowel and her rectum. She is no longer able to have regular bowel movements and suffers intense pain from scarring. In other words, her life has been permanently turned upside down.

The medical malpractice lawsuit filed in this case resulted in a $2.5 million medical malpractice verdict in favor of the plaintiff. Medical negligence? In a word, yes. However, this isn’t the only issue raised by this case. The other issue is who is performing your medical procedures? Most people simply assume their regular doctor or the specialist they have seen will be doing the work. What happens in some cases is that new doctors, just graduating, garner experience in teaching hospitals. How else would they get experience?

While this may be well and good, and getting experience is indeed necessary, it is incumbent on the more senior and experienced doctor to properly supervise those new doctors. Patient safety needs to be their first priority in all cases. Without proper supervision, bad things may happen, just like this case demonstrates. This is where informed consent comes in. The patient must be told everything that is relevant to their treatment, and that includes the fact that their medical procedure may be performed by someone else. Anything less is a recipe for disaster as this story so clearly illustrates.

Have you been in a situation like this? Did you discover after a medical procedure that your doctor did not do it and you have serious issues as a result of the operation? This is something that needs to be discussed with a knowledgeable Cleveland medical malpractice lawyer. This is a serious issue and the lawyer will have you review everything that happened to you.

If your life has been turned completely inside out as a result of medical negligence, the person responsible must be held accountable. This is why your situation needs to be assessed by a competent Cleveland medical malpractice lawyer. If you have a case, you will know about it right away.

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

March 16, 2012 in Criminal Defense, Legal, Legal Articles, Personal Injury by jferris

Teen Loses Four Limbs to Stale Vaccine Given as a Child

For those who do not like to get shots, this story will make you even more wary. Stale, dated vaccines are a serious issue.

This reported medical negligence case strikes close to home for many Americans who do not like getting needles, or who are afraid of something bad happening after they get a shot. That is precisely what happened in this instance; a young teen lost both arms and legs as the result of a vaccination error made 13 years ago.

Here is what happened. When Jane Doe was born, she had intestinal problems. As a result of that, her spleen and some other organs were removed. This meant that since the spleen filters bacteria and incipient viruses, she needed medications to prevent infections. With that information, her mother took her daughter to the medical school’s pediatric unit for a checkup in 1998.

A medical assistant injected her daughter with a special concoction designed to protect those without spleens. Unfortunately, the vaccine had expired five months before it was given. In other words, this case boiled down to medical negligence, a medication error. Eight months after the injection, the little girl became deathly ill with a bacterial infection; an infection that promoted the formation of blood clots in her arms and legs. This led to gangrene and the emergency amputation of her arms and legs above the joints. The girl contracted the very disease she was supposed to have been inoculated against.

The jury awarded $12.6 million, an award that will be cut nearly in half, as the jury also found the mother to be 40 percent at fault. The reason the jury assessed a 40 percent fault to the mother was based on an argument made by defense counsel that suggested the baby would have become sick despite the expired vaccine. A medical expert testified the mother had not given her enough medication to help her fend off the infection.

Medical negligence comes in many forms, and medication errors are just one of those forms. For any individual who has had a bad outcome in a medical situation, they need to speak with a qualified, competent Cleveland medical malpractice lawyer. Medical malpractice cases are exceedingly difficult for everyone, and often take a long time to be resolved. This case took 13 years to be determined.

However, one thing should be noted, and that is not all instances of a bad medical outcome are classified as medical malpractice. This is the main reason why it is crucial to discuss your case details with an experienced Cleveland medical malpractice lawyer to get an idea if you have a case. The lawyer is able to explain what constitutes malpractice and whether or not your situation may be one of malpractice or not.

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

October 28, 2011 in Criminal Defense, Legal, Legal Articles, Personal Injury by jferris

Multimillion Jury Award Hinges on the Definition of Nurses Aides Versus Health Care Providers

When you have a family member in long-term care, the individual deserves to be treated with respect and dignity. The care should be just as if you would be looking after your loved one. Shockingly, the reality is often entirely different, as this reported case shows.

This case really points out the denigration of plaintiffs claims with the application of medical malpractice caps. What happened in this instance is that the mother of Mr. Doe filed a lawsuit stating that the nursing home where she was staying killed her by not giving her enough food and water for a period of three weeks. How horrendous is that?

In addition to this fact, the mother also suffered from dementia. Mr. Doe’s mom was 87 years old and met her death because the aides did not keep her properly hydrated. You do not need a medical license to provide a person with basic needs such as water.

When this case got to trial, the jury was rightfully horrified and handed down a $91.5 million award, which the nursing home is planning to appeal on the grounds that the amount may be subject to the state medical malpractice cap of $500,000. In other words, the jury award of $91.5 million for an egregious case of negligence, may be reduced to $500,000 in non-economic damages. Does this seem fair, given the facts of the case? Many would say no quite emphatically. It is obvious the jury thought it did not take an advanced degree to make sure someone got enough water on a daily basis either.

The man’s lawyers are aiming to keep the jury award as is by pointing out that the nurses aides at the nursing home are not considered to be health care providers as defined in the medical malpractice cap definition. Certainly this is an issue for the court to decide on, and if successful, this may open another avenue for medical malpractice cases to be treated with the respect and financial compensation that they deserve.

Medical malpractice cases are often very involved and complex, and certainly need the qualified assistance of an Atlanta personal injury lawyer. If you think you are the victim of medical malpractice, or your senior relative is a victim, get in touch with an experienced Atlanta personal injury lawyer and find out what you can do.

Robert Webb is an Atlanta personal injury lawyer with Webb & D’Orazio, a law firm specializing in Atlanta personal injury, malpractice, criminal defense, and business law. Learn more at Webbdorazio.com.

August 3, 2011 in Business, Criminal Defense, Legal Articles, Personal Injury by jferris

Wrongful Death And Medical Malpractice Lawsuits May Go Hand In Hand

Often, death due to medical malpractice results in a wrongful death lawsuit.

In this case, a medical doctor was sued for wrongful death and malpractice in the death of a well-known professional golfer. The father of the deceased, on behalf of her estate, filed the complaint. After a year-long investigation into the suicide of the young woman golfer, the father indicated in his lawsuit that he felt the doctor was directly responsible for his daughter’s death because of what he did and did not do; meaning he did things he should not have done and did not do things he should have done.

Evidently, although the woman also played golf with the doctor named as defendant in the lawsuit, she was also a patient of his. He was the last person to see the woman alive, and even though he called 911, he removed all drugs from her premises and also took her suicide note. The woman had been on multiple prescription drugs, including anti-anxiety meds, pain meds, and cough and headache medications. The coroner ruled her death a suicide due to asphyxia and the overload of drugs she had in her system at the time of her death.

The doctor pled guilty to obstruction of justice for taking evidence from the scene and was sentenced to a year’s probation and 40 hours of community service. None of this would bring the young woman back, and the family, hoping that this would never happen to anyone else, chose to file a wrongful death lawsuit on the heels of the man’s criminal conviction.

Wrongful death is not usually about getting even with the person or persons involved in the death. It is usually about the family not wanting anyone else to experience what happened to their loved one. It is about closure and moving forward in the memory of the deceased. It is also about insurance money that will help the family cope financially and be able to get on with their lives. They have sustained a significant loss emotionally and psychologically with the death of their daughter. They need not also suffer a financial loss to compound their devastation.

Robert Webb is an Atlanta personal injury lawyer with Webb & D’Orazio, a law firm specializing in Atlanta personal injury, malpractice, criminal defense, and business law. Learn more at Webbdorazio.com.

March 18, 2011 in Business, Criminal Defense, Legal Articles, Personal Injury by jferris

Auto Accidents are Personal Injury Accidents

To many, a car wreck is a car wreck. To law enforcement and the justice system, an auto accident is a personal injury accident.

To get a better idea of what the term personal injury accident means, think car wreck. It is the best example of the personal injuries you may sustain after being hit by a negligent driver. Personal injuries may cover a multitude of things, such as whiplash, air bag injuries, broken bones, crush injuries and amputations.

Consider the case of the man who lost his leg after being hit by a passing car. The victim was pushing his SUV off to the side of the road because he ran out of gas. As he was pushing it, a 25-year old woman driving a Nissan Ultima hit him. As a result of the collision, one of the man’s legs was severed.

Thankfully, another motorist put a tourniquet on the man to stop the bleeding until EMS crews arrived. He was taken to the nearest hospital for medical assistance, as was the driver of the car that hit him. The police report did not indicate any charges had been laid, but they were calling for further investigation into the matter. There are many unanswered questions in this scenario, not the least of which is what was the female driver doing at the time of impact?

Was she paying attention to her driving? Was she speeding? Was she texting or under the influence of something? All these things need to be figured out in order for the case to move forward and for the man to be able to sue the female driver for compensation for his medical bills and his catastrophic, life-altering leg amputation.

If you have been in a similar situation and do not know who to talk to about compensation for your personal injuries, make it a point to connect with a seasoned Atlanta personal injury lawyer. These types of situations are not cases where the plaintiff can act pro se (on their own), or they run the very real risk of missing out on money they are legally entitled to as a result of their injuries. For catastrophic injuries like amputation, the awards tend to be higher.

Robert Webb is an Atlanta personal injury lawyer with Webb & D’Orazio, a law firm specializing in Atlanta personal injury, malpractice, criminal defense, and business law. Learn more at Webbdorazio.com.

March 15, 2011 in Business, Criminal Defense, Legal Articles, Personal Injury by jferris

Personal Injury Cases May Happen In Unusual Ways

Personal injury law is continually changing and evolving. Accidents can happen at the strangest times and in the strangest ways.

Not too many people have had the distinction of falling down a manhole, but is has happened and the consequences can be quite disastrous. Most manholes are covered, but in this particular case that we read about, the manhole was not covered and an 11-year-old girl fell just about 15 feet. She was trapped for 30 minutes before fire crews were able to get her out.

Once lifted to the surface, she was airlifted to a children’s hospital to check her over. She apparently did not receive any life threatening injuries and was released to recover at home. Nobody seems to know why the manhole cover was out of place, though there is speculation that a snowplow blade was the culprit. The city and the police are investigating the situation further.

While this case may sound like a fall where the young girl did not hurt herself, you have to consider that she fell 15 feet and landed on pipes and concrete. Injuries that may not be visible are a high risk in cases like this. For instance, she may have sustained spinal cord injuries that may not manifest themselves until later or she may also have cracked ribs or other bones – a fact that could go unnoticed at a hospital intently looking for more serious injuries and missing the not-so-obvious ones.

In any slip, trip and fall case, it is a good idea to discuss the case with a qualified Atlanta personal injury lawyer and find out what your rights are, what you do if the child’s injuries are worse than first thought, how to file a personal injury lawsuit and what to expect should your case go to court.

Injuries as the result of negligence (the missing manhole cover) may mean the city is liable/responsible for the child’s medical bills and other expenses relating to the accident. The first consultation with a an Atlanta personal injury lawyer is free and the advice if often priceless, when it provides you with the peace of mind that if your child’s injuries are more serious than first thought, you know what to do.

Robert Webb is an Atlanta personal injury lawyer with Webb & D’Orazio, a law firm specializing in Atlanta personal injury, malpractice, criminal defense, and business law. Learn more at Webbdorazio.com.