» Sometimes Injuries Cannot Be Healed And Concerns Should Be Raised To An Appropriate Cleveland Medical Malpractice Lawyer

Sometimes Injuries Cannot Be Healed And Concerns Should Be Raised To An Appropriate Cleveland Medical Malpractice Lawyer

Cleveland, OH (Law Firm Newswire) November 8, 2011 - Although a doctor can help after an injury, they still may not be able to get a patient completely back to 100 percent after a work injury.

The Mellino Law Firm has Cleveland Medical Malpractice and Personal Injury Attorneys

The Mellino Law Firm has Cleveland Medical Malpractice and Personal Injury Attorneys

“Water cooler conversations, if they include medical issues, many times involve someone wanting to sue their doctor. Often it is workers recovering from an injury,” commented Christopher Mellino. Mellino is a Cleveland medical malpractice lawyer and wrongful death lawyer of The Mellino Law Firm LLC, in Ohio. “They are not happy that they are not completely healed as they were prior to their injury. But doctors can’t heal everything. Not all bad outcomes, or partially bad outcomes, amount to medical malpractice.”

A medical malpractice claim does not automatically arise just because a worker does not completely recover from a work injury. For medical malpractice to be alleged, or proven for that matter, there has to be a degree of professional negligence. Negligence can involve all health care providers, such as dentists, plastic surgeons, chiropractors, therapists, clinics and hospitals.

The bottom line in workers’ compensation cases where medical malpractice is an issue is that there are four things that need to be present in a claim:
• A medical professional must be assigned to offer the medical care
• The medical professional must fail to provide the necessary care on the same level another provider in the same specialty would provide
• The failure to provide the appropriate level of care ends up injuring the worker
• The failure to provide the appropriate level of care results in damages (usually financial or a claim cannot be pursued legally)

“Take, for example, the situation where a worker/patient develops fibromyalgia, or something referred to as reflex sympathetic dystrophy (RDS),” said Mellino. “This is typically not the result of medical malpractice on the part of the doctor. Rather, it happens because the patient/worker’s physical condition was not good enough to stand the stress of surgery.”

There is another side to this equation: what if the worker’s physical condition is not good enough to possibly stand surgery? Then why proceed? “Instances like this must be looked at on a case by case basis,” Mellino commented. “Whether or not there was medical malpractice depends on the facts in the medical chart, the history indicated, and more.”

Even though a bad outcome may not be medical malpractice, those who feel they are victims of medical negligence need to consult with a medical malpractice lawyer. Every case is different and it is best not to assume something without asking for legal advice. The first consultation is free, and when there is a solid case of negligence, the plaintiff and lawyer may proceed.

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

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

[mappress mapid="43"]

  • Why Self Care is Critical After a Wrongful Death
    Losing a loved one can be a devastating experience and one that can leave a lasting mark on your life. When that death occurs as a result of someone else’s negligence, the loss can feel even more unjust and painful. Stress, anxiety and depression — all common occurrences following a loss — can take a […]
  • Is Medical Malpractice One of the Leading Causes of Death in the U.S.?
    There’s no doubt about it, hospitals and the healthcare professionals that work there provide critical services for men, women and children with injuries, serious illnesses and other medical conditions that require skilled, expert care. And when you visit a hospital, you have every right to expect you’ll receive safe and appropriate care based on your […]
  • How to Prove Medical Negligence in a Hospital
    Mention the term “medical negligence,” and most people think of doctors or other healthcare providers making mistakes or failing to provide proper care that meets specific basic standards. But sometimes, it’s the hospital itself, and not the healthcare provider, that’s at fault — and sometimes, it’s both. Identifying who’s at fault, as well as each […]

See other news sources publishing this article. BETA | Tags: , ,



Get headlines from Law Firm Newswire sent right to your inbox.

* indicates required