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.

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.

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.

From the Desk of a Cleveland Cancer Misdiagnosis Lawyer: The Cost of False Positives in Breast Cancer

You don’t need to be a cancer misdiagnosis lawyer in Cleveland to understand that getting cancer wrong can be expensive. A recent study manages to put a price tag on breast cancer: $4 billion a year, for false positive mammograms and the over diagnosis of breast cancer in women ages 40 to 59.

The study was published last April in the journal Health Affairs.

According to the report, about 11 percent of the women surveyed had a false positive result, which means about 3.2 million women in the nation received a false positive that cost $2.8 billion in health care spending.

“Ultimately, the decision to undergo breast cancer screening must be based on careful consideration of the trade-offs between the benefits and the harms of screening,” the report’s authors wrote. “We need a balanced message that continues to encourage women to seek medical care when they detect a breast lump, but we should also caution them about the negative consequences of over-detection from mammography.”

Of course, that only reflects the cost of false positives. False negatives, on the other hand, carry an untold cost, including potentially that of a life. If you believe you have been the victim of a false diagnosis, contact a Linton Law Firm cancer misdiagnosis lawyer in Cleveland for a free consultation today.

Ask a Cleveland Birth Injury Attorney: Are C-Sections Worth the Risk?

A recent study estimated that the U.S. wastes billions of dollars annually on unnecessary c-sections. At roughly $20,000 per birth (compared to roughly $11,500 for a vaginal pregnancy), c-sections simply put, earn hospitals more money. And while there are legitimate reasons for requiring a c-section that could likely avoid birth injury, too often it is done for the wrong reasons and may actually cause a birth injury and end up on the client list of a Cleveland birth injury attorney. Will your birth require a c-section, or is it merely an unnecessary yet dangerous elective done only to speed up a birth, or even just to earn doctors more money? Know the facts and be prepared before you enter the delivery room.

The American Pregnancy Association lists a number of legitimate reasons as to why a c-section may be needed. These include:

• Placenta previa, when the placenta lies low in the uterus and partially or completely covers the cervix, as is the case in about 1 in every 200 pregnant women during the third trimester;
• Uterine rupture, which can lead to hemorrhaging in the mother that can cut off the baby’s oxygen supply and cause serious birth injury;
• Cord pro-lapse, when the umbilical cord becomes wrapped around the baby’s head and cuts off supply;
• Diabetes
• Active genital herpes.
• A c-section may also be required if the child has been diagnosed with certain birth defects and a simpler birth would improve the outcome.

As any attorney specializing in birth injury knows, c-sections are not without their risks, however. Babies can be cut, or asphyxiate if the medical staff has difficulty removing the infant. Statistics indicate that babies born by cesarean are more prone to respiratory distress or asthma, and face a greater risk of obesity. For mothers who have already undergone a cesarean, second or third births face greater risk due to the presence of a surgical scar. If you underwent an unnecessary c-section that put your baby at risk or caused undue harm, it may be time to consult a birth injury attorney.

Ask a Cleveland Attorney: The Most Common Identifying Signs of Birth Injury

Birth injuries can occur during pregnancy, labor and delivery, though most occur during the birthing process. Some are simply natural birth defects caused by a missing chromosome, for example, while others are the direct result of medical malpractice. It’s important to identify a birth injury as early as possible, most importantly for the health and welfare of the child, but also to gather the freshest evidence in order to build the strongest case possible. Here are some of the most common signs of birth injury. If any of these apply, consult a doctor as well a professional birth injury attorney in Cleveland.

• Cerebral palsy is one of the most common types of birth injury. Symptoms vary, and many are not evident until well into a child’s development. Signs can be delayed milestones, such as rolling over or being able to hold the head up. Other signs include abnormal movements, swallowing problems, or difficulty in speech development. Cerebral palsy is not always a result of negligence, but many times it is, particularly in the instance of a delayed or faulty C-section that causes oxygen deprivation. Though it can be difficult to detect early on, it’s best to get a diagnosis as soon as possible. If you have any concerns, have your child tested by a doctor and consult a legal advocate specializing in birth injury.
• Other common birth injuries include a fractured collar bone, shoulder dystocia/brachial plexus/Erb’s Palsy, which is typically evident in a fractured or dislocated arm. Arms may appear floppy with a lack of muscle tone.
• CPR or resuscitation during a birth can be another strong indication of birth injury.
• If your child develops seizures during the first 48 hours of his or her life, this can also be evidence of birth injury that may have resulted from malpractice.

Of course, only a physician can ultimately determine if a birth injury has occurred. Naturally, have your child checked by a doctor outside of the medical network where you gave birth to avoid a conflict of interest. Then consult a lawyer specializing in birth injury cases to establish if you have a case that should be persued.

Cleveland Birth Injury Lawyer and PTSD: A Birth Injury All too Common

Take it from a birth injury lawyer Cleveland – birth trauma comes in all shapes and sizes. You hear and read about the devastating results of birth malpractice all the time, from broken bones to fetal distress to cerebral palsy. But rarely is PTSD (Post Traumatic Stress Disorder) discussed. Yet it’s something that frequently occurs. Needless stress, particularly when it is the result of unthinking medical malpractice, can have an enduring emotional impact on both the mother and the infant.

If you’ve experienced PTSD as part of your postpartum recovery, talk to your doctor and perhaps a therapist first. Then, be sure to consult a birth injury lawyer Cleveland. PTSD can be serious if left untreated, and like the result of any birth injury, may require time off work, financial resources, and counseling. You may be entitled to just compensation to help offset that expense.

Every mother experiences a range of emotions following birth. Emotional ups and downs are a natural part of being a mother, but if the waves become too intense, seek help. Women in post-partum typically experience weepiness, anxiety, and depression. These also happen to be symptoms of PTSD. But women experiencing post-traumatic stress also tend to experience more severe symptoms like insomnia, birth nightmares, severe feeling of detachment, a consistent fear of imminent disaster, panic attacks, and a desire to avoid anything connected to the birth, including the baby.

Again, if you are experiencing these symptoms, seek professional help. Talk to your doctor first and your birth injury lawyer Cleveland second. It’s okay to ask for help, both in the medical sense as well as the legal. Help is just another resource away, whether that simply means someone to talk to or someone to advocate your case in court. Do right by you and your family. Talk to a doctor and consider contacting an attorney.

Cleveland Lawyer and PTSD: A Birth Injury All too Common

Take it from a birth injury lawyer Cleveland. Birth trauma comes in all shapes and sizes. You hear and read about the devastating results of birth malpractice all the time, from broken bones to fetal distress to cerebral palsy. But rarely is PTSD (Post Traumatic Stress Disorder) discussed. Yet it’s something that an attorney deals with all the time. Needless stress, particularly when it is the result of unthinking medical malpractice, can have an enduring emotional impact on both the mother and the infant.
If you’ve experienced PTSD as part of your post-partum recovery, talk to your doctor and perhaps a therapist first. Then consult a birth injury lawyer Cleveland. PTSD can be serious if left untreated, and like any birth injury, may require time off work, financial resources, and counseling. You may be entitled to just compensation to help offset that expense.
Every mother experiences a range of emotions following birth. Emotional ups and downs are a natural part of being a mother, but if the waves become too intense, seek help. Women in post-partum typically experience weepiness, anxiety, and depression. These also happen to be symptoms of PTSD. But women experiencing post-traumatic stress also tend to experience more severe symptoms like insomnia, birth nightmares, severe feeling of detachment, a consistent fear of imminent disaster, panic attacks, and a desire to avoid anything connected to the birth, including the baby.
If you are experiencing these symptoms, seek professional help. Talk to your doctor first and your birth injury lawyer Cleveland second. It’s okay to ask for help, both in the medical sense as well as the legal. Help is just another resource away, whether that simply means someone to talk to or someone to advocate your case in court. Do right by you and your family. Talk to a doctor and consider contacting an attorney.

Selecting a Qualified Birth Injury Attorney Cleveland is Essential

Like any other profession, lawyers are not created equal. Yet it’s on their shoulders that your entire legal case rests. In the case of a birth injury, your birth injury attorney Cleveland is ultimately responsible for attaining the very compensation that may well determine your child’s lifelong care. Having the best legal team at your side is critical. Do your research when choosing your birth injury attorney Cleveland.

A qualified legal firm can be judged by the website it maintains:
1. How professional is it?
2. Does it carry a legal blog with helpful topics?
3. Is information well organized and easy to understand?
4. Does the lawyer clearly list birth injury as a specialty?
5. What services do they offer for your behalf?
6. Are their birth injury case summaries referenced?

Research the affiliations of your birth injury attorney Cleveland. Are they well connected to the legal community? If they are connected with a trials lawyer association, for example, this can be a valuable asset that could prove helpful in a court of law.

Also, check with family and friends. Personal experience can speak far more than any certificate.

Last but not least, check with the state bar association to be verify the legal firm. Have they had any infractions? What is their legal rating?

Remember, your birth injury attorney Cleveland advocates for the care of your loved one. Choose the best one possible by doing your homework ahead of time. Experience is important, but even more critical, are their legal resources. Do they have a wide network of specialists? The right legal team can mean everything in a court room.

How Recessions Affect the Need for a Nursing Home Injury Lawyer in Cleveland

Recessions affect the entire country, but the elderly can be hit especially the hardest. They often depend on the very governmental services that get put on the chopping block first. The state of New York, for instance, has taken to shutting down a number of nursing homes, and many city and county governments around the country are considering doing the same. There simply aren’t enough beds. Sadly, these kind of depressed conditions are impacting the care that the seniors receive, and many families for the first time are contacting a nursing home injury lawyer in Cleveland to advocate for their loved ones rights.

On top of limited social funds, healthcare is going through the roof, which further impacts the nursing home industry in a multitude of ways. Stretched down to the wire of their budgets, nursing homes are often forced to cut the level of care their residents receive, resulting in fewer checkups by staff, less custodial work and an overall degraded level of care. Further, overworked staff may often neglect the care of the residents, resulting in over or under medication, inattention, or less than sanitary living conditions which often need the advocacy of a nursing home injury lawyer in Cleveland.

If your loved one isn’t getting the care he or she needs, however, at least they have family that can advocate for them. Do something about it, and consult a nursing home injury lawyer in Cleveland to advocate on your behalf. Remember, this is more than just about your loved one, but your loved one’s entire community. If nobody does something about dismal conditions, your loved one suffers, but also his or her neighbors. Be the lifeline of your loved one, not only for their sake, but the entire community.