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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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