Medical Malpractice Lawyers

The Case of a Cleveland Malpractice Attorney Client Goes Before Ohio Supreme Court

As any seasoned malpractice attorney in Cleveland knows, you must be prepared to go the distance if you want to win. A recent malpractice case between the Cleveland Clinic and a retired Air Force colonel found itself in the highest court in the state – the Ohio Supreme Court. In fact, the court is being asked to decide whether the patient has any right to bring his case before the law as well, due to a state four year window for medical malpractice.

The case involves David Antoon and his wife, who accuse the Cleveland Clinic of botching a surgery to remove a cancerous prostrate gland, which the Clinic denies. The surgery occurred in 2008, yet the case was only filed this year, according to the Cleveland Plain Dealer.

But Antoon argues that the suit was only delayed because the Clinic refused to grant access to key records in the case. The couple dropped their first suit in 2011.

“There is so much obstruction in the process,” said Antoon told the Plain Dealer. “If the merits of the case are not heard, it is a great injustice. It’s not just an injustice for me as an individual, it’s an injustice for the entire process.”

Antoon will have his day in court, indeed in the highest court in the land. If you have been the victim of malpractice and seek justice, contact a Linton Law Firm malpractice attorney in Cleveland today for a free consultation. You deserve to be heard. You case should be expertly represented.

Your Best Malpractice Law Firm Advice: Don’t Take Your Doctor’s Word for It

Wondering if you’ve been the victim of medical malpractice? Don’t just take your doctor’s word for it. It’s always best to review your case with a malpractice law firm in Cleveland such as the Linton Law Firm. A recent exclusive 5 on Your Side Investigation uncovered numerous instances of doctors and hospitals covering up or omitting critical medical errors.

Though medical practitioners are legally required to track medical mistakes, that information is often hidden from both patients and the public, the report found.

“People who are injured as a result of medical malpractice are almost never told that has happened by their doctors or by hospitals where it’s happened,” Maxwell Mehlman, the Director of the Law-Medicine Center at Case Western Reserve University, told the news agency.

One case in point is Parma resident Lyn Adanich, who claims errors made by the Louis Stokes Cleveland VA Medical Center during her husband’s routine dental implant surgery were never disclosed. Surgical gauze was left in 69-year-old Donald Adanich’s stomach for three weeks. Doctors discovered the gauze later, but failed to tell the couple. They only found out after getting a second opinion from another doctor after the left over gauze resulted in a massive stomach infection. He never recovered, and died in August 2014, six months after the dental surgery.

You can bet Ms. Adanich is now consulting her malpractice law firm in Cleveland. The question remains: What isn’t your doctor telling you?

A Case That a Cancer Misdiagnosis Attorney in Cleveland Rarely Encounters: Intentional Misdiagnosis

As any cancer diagnosis attorney in Cleveland will tell you, misdiagnosing cancer is not always a case of negligence. In some cases, it is a punishable crime that deserves jail time, not to mention financial restitution to the victims involved. A doctor in Michigan recently received a 45 year prison sentence for intentionally misdiagnosing cancer in hundreds of healthy patients purely to bill them for his services and line his own pockets.

Prosecutors originally sought a 175 year prison sentence for Dr. Farid Fata, according to the Wall St. Journal. Fata pleaded guilty to Medicare fraud last year. Authorities suspect more than 500 people suffered through the intentional misdiagnoses. More than 150 alleged victims filed impact statements in court.

“I’m here because I don’t want this to happen to anyone else,” Marietta Crabtree testified in court. Her husband, Donald Crabtree, died of kidney cancer at the age of 79 after receiving what his family claims was improper chemotherapy treatment to treat a case of lung cancer that actually did not exist. “We trusted him and we never thought that we couldn’t.”

The cancer misdiagnosis was blatant and intentional.

“Fata single handedly designed the fraud, which necessitated fooling his own employees and professional staff,” federal prosecutors contended in a court memorandum.

Most cases a cancer misdiagnosis attorney in Cleveland comes across are the result of negligence. Rarely are they an intentional act. Nonetheless, any case of misdiagnosis can be deadly, either in delaying treatment or resulting in patients receiving chemotherapy for cancer they do not actually have, ironically resulting in giving them a deadly cancer.

Enlightening News for Cleveland Nursing Home Injury Lawyers: Nursing Home Antipsychotic Prescriptions Decline 21%

Our nursing home injury lawyers in Cleveland recently came across a study that is good news for the families of nursing home residents. Antipsychotic medicine is being subscribed to nursing home residents less often, declining 21.7 percent over the past four years, according to a new report from the Centers for Medicare & Medicare Services.

Though the use of antipsychotic medicine can be very beneficial to some residents, there have been concerns of over-prescription by nursing homes as a way to easier control of residents. This can put some elderly residents in danger and limit their alertness and ability to enjoy the sunset years of their lives.

The data was compiled by the National Partnership to Improve Dementia Care in Nursing Homes, which operates under the direction of CMS.  In the first quarter of 2015, 18.7 percent of nursing home residents received antipsychotic medicine compared to 23.9 percent in the fourth quarter of 2011. The American Health Association reported that its members had decreased use among residents by 23 percent in the fourth quarter of 2015.

“This represents the progress we’ve made in bettering the lives of those we serve every day,” AHCA President and CEO Mark Parkinson told McKnight’s Long Term Care News.

The progress is a result of an initiative launched in 2012 by The American Health Care Association to reduce antipsychotic medication by 30 percent by 2016. This means the care is improving for residents and families, with less need for litigation by a nursing home injury lawyer in Cleveland.

From the Desk of aClevelandBirth Injury Lawyer: Negligence Can Happen Years Before the Delivery Room

As any birth injury lawyer in Cleveland will tell you, birth injury isn’t always the result of a mistake made during an actual birth. Sometimes the medical malpractice takes place during a completely unrelated incident, yet still has devastating outcomes on a birth with ramifications a family may struggle with for a lifetime.

A jury in Dedham recently awarded $35.4 million to Andrea Larkin, who is paralyzed from a stroke she suffered hours after giving birth to her daughter seven years ago. Yet the incident of malpractice actually occurred four years before when she was treated for dizziness in 2004 after running the Boston Marathon. An MRI and a CAT scan showed brain abnormalities. Dr. Jehane Johnston, a physician who examined Larkin, failed to place her on a special list of patients with certain medical conditions that other doctors could access.

Larkin delivered her daughter, Alexa, without a caesarean section, and suffered a massive stroke hours later that left her completely paralyzed beyond movement of her left arm. Had her doctor known of her brain abnormality through the special list, they would have ordered a caesarean section, which would have ultimately avoided the stroke.

With interest, the jury award resulted in just over $41 million. The Larkins have been paying for Andrea’s daily care, which is over $200,000 a year.

Many of the clients of birth injury lawyers in Cleveland pursue such financial settlements simply to afford the lifetime care their conditions require. It is not a matter of legal revenge, but a necessity of family care that pushes them to pursue litigation.

Birth Injury Lawyer Cleveland: The Psychological Effects of a Traumatic Birth

As a child’s first experience, birth, has an inevitable emotional impact. When something goes wrong, say a prolonged birth or the baby becoming choked on the umbilical cord, for example, birth can easily become traumatic, and this can have a lasting psychological impact on the baby. When consulting a birth injury lawyer, Cleveland, remember to consider the psychological health of the baby as well in the overall assessment.

Studies show that children who have undergone traumatic births are more prone to aggression, anxiety and depression than those who experienced an easy birth. At birth, the child’s mind is purely unconscious. The natural process of being misplaced from a warm and comforting womb is naturally stressful, but in a life threatening condition, that unconscious mind must first experience trauma, which can vastly shape the way the brain responds to stress. Added to this burden is the mother’s own stress, to which the baby is psychologically and emotionally linked, creates an enormous stress response that may affect the baby for the rest of their life. A good birth injury lawyer in Cleveland will certainly consider any mental trauma when making an assessment.

Yet there is hope for children who grow up with anxiety resulting from a traumatic birth. Modern psychological therapies such as EMDR (Eye Movement Desensitization and Reprocessing), EFT (Emotional Freedom Technique), and AIT (Advanced Integrative Therapy) can help rewire and heal children’s brains, but they are naturally expensive. Talk to a birth injury lawyer Cleveland to consider all of your options. As you would expect, your child will need extensive resources. A birth injury lawyer Cleveland can best prepare a case that secures your child’s future.

Brain Injury Attorney in Cleveland: Healing Begins the Rest of Your Life

Life following a brain injury is really a new beginning, not the end of life itself. Granted, life will forever be changed, but it does continue and people do heal and learn to enjoy living again. Talk to a brain injury attorney in Cleveland about the different community resources for healing and moving forward. Brain injury is their business, and they will know the best sources for you to contact.

Setbacks Happen

No brain injury attorney in Cleveland would tell you otherwise – setbacks ultimately happen as part of the healing process. Starting life over again isn’t ever easy. Brain injury is a chronic disease that brings new problems and challenges. Be prepared for your loved one to lose some of the freedom they had from their previous life, but be patient. It may take time to adjust. Two steps forward and one step back is the new recovery tango.

Caregivers Need to Care for Themselves, Too

As a caregiver of a person with a brain injury, you need to take time to care for yourself, as well. Continual care is not easy for either party. You’ve taken the very best first step in the process by contacting a qualified brain injury attorney in Cleveland, who will advocate for your loved one. Now you’ve got to care for them, and there will naturally be stress along the way. Arrange to get away at regular intervals. A weekend away can do wonders. Take some time away to walk or read a book. It will ease your stress, and ultimately, allow you to be more caring toward your loved one when you are together.

Everyone Needs Training

Taking care of a loved one with a brain injury requires special educational training. You won’t need to go to the extent of medical training; however, you’ll continually need to learn, especially if your loved one begins to make progress, which naturally leads to new challenges. Be willing to ask for help and training. Your brain injury attorney in Cleveland should be able to direct you available local community assistance. In fact, there are organizations in some areas which offer free training classes to help families such as yours.

Advice of an Experienced Nursing Home Injury Attorney in Cleveland: 
Involve the Family in Your Loved One’s Life

Ask any nursing home injury attorney in Cleveland. Families have more power than they think when it comes to the care of their loved ones. Get involved, and that means more than occasional visits and sugar free cookies. Signs of depression can often be alleviated just by letting them know they are loved and valued. Of course, serious health problems can be an indication of inadequate care of the facility, and never be afraid to address these concerns with staff. Most often, however, it’s simply a matter of paying more attention and getting the loved one out more, and doesn’t require the services of a nursing home injury attorney in Cleveland.

Simple Exercise

Encourage your loved one to exercise as they are able. This could be a simple walk, if they are healthy enough, or a game of chair volley ball. Exercise with light weights can greatly improve muscle tone, even if your loved one is bed ridden. Look into the available exercise programs offered at the nursing home facility. This can be essential not only for physical health, but mental processing as well.

Field Trips

If your loved one is independent and mobile, be sure to take them on special trips to the local nursery or gardens, perhaps an art museum, or a picnic in the park. Being cooped up in the care facility can add to depression, which can also have serious effects on their physical health as well.

Invite the Children

Children can have wonderful effects on the emotions of the aged. Their interactions are invaluable. Kids can add a special spirit to the entire nursing home, and gain a valuable educational experience as well.

Never Ignore Obvious Signs of Distress

Of course, some signs of distress are beyond the care of the family. If you notice signs of neglect or abuse, address your concerns directly to the facility management. If the care does not improve, you may want to consult a nursing home injury attorney in Cleveland. Sometimes that simple call is the best way for a family to show they care.

Cleveland Birth Injury Attorney: Signs to Watch For

Identifying a birth injury is no easy task, and should ultimately be left to a professional. The question, however, is when do you call a Cleveland birth injury attorney? What may seem like a birth complication could be the direct result of negligence or error. Your child’s future care may depend on one simple call.

Initial Signs

Though some indications of birth injury don’t present themselves until well into a child’s development, there are immediate signs which need to be recognized. These include abrasions, bruising or swelling on the baby’s head, face or shoulders. Seizures that develop within 48 hours can be another sign. Is your child breathing normally at the time of delivery, or does he or she require CPR? Failure to breathe properly could be another sign. Does your child’s limbs have a floppy or limp appearance that seems to lack muscle tone?

Milestones

Other signs of birth injury can only be spotted as the child grows. Are they meeting their proper milestones? Within a month, babies should begin to focus on anything 8 to 12 inches away. Within three months, they should be able to follow moving objects. If a child is slow to suck and feed at one month, that may be a sign of developmental difficulty. Other questionable signs at three months include not being able to support one’s head, respond to loud sounds, or grasp and hold onto objects.

If by month seven, your child cannot sit up properly, seems floppy like a rag doll, and can’t sit without help, you may want to consult a Cleveland birth injury attorney.

Ultimately, it’s up to the professional expertise of a Cleveland birth injury attorney to decide. At Linton & Hirshman LLC, we offer a free consultation to discuss your situation. One simple call to a Linton & Hirshman LLC nursing home injury attorney can proactively protect your child for the rest of their lives.

Experience is in the Details: Choosing the Right Cleveland Law Firm

When it comes to medical malpractice, it is often difficult for you to receive answers to your questions.  You want to know what happened.  You want to know the truth.  You may be a victim wronged by a hospital, doctor or nursing home, but proving your case is another matter. Due to the complicated nature of medical malpractice lawsuits, the success of pursuing a medical malpractice case often depends more on the Cleveland malpractice lawyer that you choose than the facts of the case themselves.

Linton & Hirshman is a Cleveland malpractice law firm that has a solid reputation in successfully litigating complex claims. We use our considerable resources to aggressively pursue a case to its complete potential. Our leading partners Ellen Hobbs Hirshman, Tobias J. Hirshman and Robert F. Linton, Jr. have worked in some of the most respected firms in the profession. Our experience speaks for itself. View our case summaries to see the impressive settlements we’ve won on behalf of our clients.

At Linton & Hirshman, we practice law respectfully, yet aggressively, with the interest of our clients in mind. We know how to use the circumstances of a courtroom to best favor your case. As your Cleveland malpractice lawyer, we represent your side to the fullest of its potential to win the settlement you deserve. Most of our cases are taken on contingency, so we only get paid when you win. That means your interests are our top priority as your choice Cleveland malpractice law firm.