Nursing Home Neglect: No Care for Elderly Man Following Fall

Augustana Health Care Center, in Hasting Minnesota, was recently cited for abuse, causing the home to take corrective measures and re-educate their current employees. The Minnesota Department of Health Facility Complaints office stated that the nursing home neglectoccurred when staff did not assess, monitor, and treat” a man shortly following a fall. The duty and urgency of these employees should have been even more clear because in the present case, the “signs and symptoms indicated a head injury“.

Man Passes Away Two Days Following Injury

new jersey philadelphia Nursing Home Neglect lawyers Augustana Health Care CenterA man fell at the health care center but did not receive proper treatment which led to his death. The report issued by the Department of Health Facility Complaints office stated that the man had a “large hematoma, approximately four centimeters by three centimeters, on his left forehead.” The man was not examined until thirty minutes after he sustained the injury and no vital signs or neurological tests were administered in the hours following the accident. Four hours after the fall, when the proper tests were finally conducted, the man’s vital signs were anything but stable and he was no longer responsive. He was then transferred to the hospital and died a mere two days after the initial accident. The death certificate stated that the death was caused by a massive intracranial hemorrhage. Nursing home neglect is far more prevalent than should be the case and it is essential that in the event of abuse or mistreatment, the proper authorities are notified as soon as possible.

Nursing Home Neglect in New Jersey and Philadelphia

If you believe that a loved one, residing in a nursing home or long term care facility, is receiving negligent, abusive, or inadequate care, it is possible that you have some questions regarding nursing home neglect. Please contact the Mininno Law Office for a free case evaluation. You may also call for a free consultation at (856) 833-0600 in New Jersey, or (215) 567-2380 in Philadelphia.

Birth Defects Attorneys Discuss Velopharyngeal Dysfunction

After your child has a palate repair surgery, most people would think that they are out of the woods and nothing else will have to be done. Unfortunately, approximately 15-25% of children born with a cleft palate will develop Velopharyngeal dysfunction (VPD). Our birth defects attorneys think that parents should be informed about the possibilities that may affect their child, and be able to react in a well-informed manner.

What is Velopharyngeal dysfunction?

new jersey philadelphia Birth Defects Attorneys Discuss Velopharyngeal DysfunctionVelopharyngeal dysfunction occurs when the open space between the back wall of the throat and the soft palate cannot be properly closed during speech. Unfortunately, this results in an unwanted escape of air or sound through the nose during speech. Essentially, this dysfunction may result in what is called hyper-nasal speech. The sounds that create speech come from both the nose and the mouth. When we speak, the majority of those sounds should come from the mouth alone. Closing the velopharyngeal space allows people to build pressure in the mouth and make the appropriate speech sounds. When a VPD is present, air comes through the nose that should not, and speech becomes too nasal.

In many cases, after surgery has been completed, or if surgery is not going to be undertaken, there are other options that can be explore. There are appliances that your doctor may recommend that can help alleviate these issues and eliminate the hyper-nasal speech problem.

Birth Defects Attorneys in New Jersey and Philadelphia

Giving birth to a child with a cleft lip or cleft palate begs the question,”Do I need the assistance of birth defects attorneys?They are necessary when a birth defect is caused by a deviation in the standard of care. For example, contacting our experienced professionals would be beneficial to you and your child if Topamax (Topiramate) was taken during pregnancy. The FDA has recently announced that Topamax has been linked to an increase in the development of cleft lips and palates. Contact the Mininno Law Office for a free case evaluation or call for a free consultation at (856) 833-0600 in New Jersey, or (215) 567-2380 in Philadelphia.

Medical Malpractice Attorneys – Judge-Directed Negotiations

The Obama Administration has given money grants to states as part of its health-care plan in order to launch a variety of projects in an effort to limit the rising costs and expenses of lengthy medical malpractice litigation. New York has taken those federal funds and run with them, creating a new approach known as “judge-directed negotiations“. Medical malpractice attorneys will now have the ability to sit down with opposing counsel and the judge much earlier in the litigation process in an effort to discuss potential settlements. This is a major step forward because now lawyers will be able to meet and discuss potential agreements months after a complaint is filed, as opposed to years later as the current system operates.

Early Case Settlements Mean Less Court Costs

new jersey philadelphia medical malpractice attorneys judge directed negotiationsWith both parties meeting with an honest and neutral party, the judge, it is easier to get a true hold on how the parties can meet in the middle, at a fair amount of damages. We believe this process will probably result in somewhat smaller awards for plaintiffs but it will be paid far earlier than waiting for a verdict. Trials can drag on for years and years, this process should allow the parties to reach an agreement after only months. This will allow plaintiffs to get money much sooner, which in many cases is necessary as bills begin to stack up. Michelle M. Mello, a Harvard professor, said that “ordinarily when the parties come to a settlement conference, it’s late in the game.” This will no longer be the case with the success of judge-directed negotiations. The approach has been limited to New York City courts thus far but it is expected to spread rapidly due to its apparent success.

How the Program Works

In New York, cases are assigned to a judge in the early stages of the legal process. Judges will often have a background in medical issues and a nurse with legal training also helps the judge. Frequent meetings are held between the medical malpractice attorneys and the judge, without clients present, to discuss the case. The medical malpractice attorneys must have the authority from their clients to settle the case. With more frequent interaction and more expedience in the legal process, medical malpractice attorneys should be able to achieve their clients’ goals in a much quicker and more efficient manner.

Medical Malpractice Attorneys in New Jersey and Philadelphia

If you or a family member has recently been the victim of medical negligence, it is possible that you would like to speak with one of our professionals. Please contact the Mininno Law Office for a free case evaluation, or call for a free consultation at (856) 833-0600 in New Jersey, or (215) 567-2380 in Philadelphia.

Nursing Home Neglect Results in a Citation at Minnesota Facility

The Minnesota Department of Health has recently announced that a citation for nursing home neglect has been issued following the actions of employees at Lutheran Care Center in Little Falls, Minnesota. A female resident fell out of her wheelchair on multiple occasions in addition to falling out of a mechanical lift. The woman sustained injuries to her head, which she hit on two occasions during these three separate falls. This is surprisingly common across the country and it is essential that the proper authorities are made aware of these situations before it is too late.

Special Investigator Substantiates Claims of Nursing Home Neglect

new jersey philadelphia nursing home neglect lawyers citation minnesota lutheran care centerThe woman’s troubles began in early June, 2010. On June 8th, the resident fell two times causing significant injuries. First, she fell directly out of her wheelchair, causing her to knock her head against the ground. The woman sustained injuries just above her right eye. Later that same day, the resident fell once again out of her chair onto the floor of a lounge area at the care center. Employees should have been aware of the potential for falls because this woman suffered from advanced dementia and this should have been apparent to her caretakers. Less than one month later, on July 5th, an employee did not know how to use a Divided-leg Sling which was attached to a mechanical lift. This lack of understanding led to yet another fall. This led to the development of a significant sized bump on the back of her head. An investigator for the state was able to substantiate these claims of nursing home neglect when he visited the Lutheran Care Center in September of 2010. Nursing home neglect is a growing problem across the map and it is crucial that these problems be reported as soon as possible in an effort to sustain the health of patients and residents everywhere.

Nursing Home Neglect in New Jersey and Philadelphia

If you believe that a loved one, residing in a nursing home or long term care facility, is receiving negligent, abusive, or inadequate care, it is possible that you have some questions regarding nursing home neglect. Please contact the Mininno Law Office for a free case evaluation. You may also call for a free consultation at (856) 833-0600 in New Jersey, or (215) 567-2380 in Philadelphia.

Birth Defects Attorneys Give Anti-Bullying Advice

new jersey philadephia birth defects attorneys anti bullying adviceYour child has a cleft lip and is about to start school and you are nervous that he or she may be the victim of a school bully. Our caring birth defects attorneys want to help you get ready for this. It is in any parent’s nature to want to nurture their child for as long as possible and shield them from the cruel outside world. Now that your child is school aged, this is less and less an option and you should be focusing and preparing your child for school and the social interactions that comes with it. As we all know from our school experiences, children can be cruel (although we are not suggesting that all children are). It is not to say that bullying will happen, just that it can happen, and you should take steps to prepare your child to deal with it in a positive way. We wish you and your child a happy school year and want it be as successful as possible.

Helping Your Child Understand Their Situation

It is important for your child to understand his or her condition in a way that helps them communicate to others what is different about them, as curious children may ask. Explaining this in a way that children can understand will be beneficial to your child and expose other children to the differences in people. Take the opportunity to make your child feel special and help him or her understand what is different (and special) about them.

It may go without saying, but taking photographs as your child matures is helpful so they can see their physical history and see it as “normal.” These photos document changes and help children have an opportunity to ask questions about their condition in a non-threatening environment.

In the case of a negative social interaction with another student, many parents get angry and want to confront the other child’s parents right away. Before you do, ask your child to express his or her feelings about it and try to understand what happened. Use this is a segue to discuss the birth defect in a positive way and ask how your child would like to proceed. Obviously, there are going to be situations where confronting the other parents is necessary, even if your child does not want to. But in some situations, letting kids work out their own differences, with a little adult help, can be beneficial.

Birth Defects Attorneys in New Jersey and Philadelphia

In many cases, parents of a child with a cleft lip or palate ask if they need the services of birth defects attorneys. Due to the nature of the birth defect, lawyers would do little good. However, the FDA has recently announced that Topamax (Topiramate) has been linked to an increase in the development of cleft lip/palates. If you believe that Topamax may be involved with your child’s cleft palate/lip contact the Mininno Law Office for a free case evaluation, or call for a free consultation at (856) 833-0600 in New Jersey, or (215) 567-2380 in Philadelphia.

Medical Malpractice Attorneys: How The Litigation Process Works

Following an injury due to medical negligence, patients and families frequently seek legal representation in order to set forth a claim in court. Plaintiffs can be a wide range of individuals including the patient, a party acting on behalf of the patient, or even the executor of a deceased patient’s estate. Once medical malpractice attorneys begin representation, the lawsuit is filed within the appropriate jurisdiction and the legal process is underway. Although it may seem like a long and confusing endeavor, the startling frequency of incidents of medical negligence make filing a lawsuit one of the only ways to seek justice and compensation today.

Elements of a Medical Malpractice Case

new jersey philadelphia medical malpractice attorneys explain how litigation process worksSince the plaintiff is the party bringing the lawsuit, the patient, and his or her medical malpractice attorneys, bear the burden of proving all of the necessary elements of the case by a preponderance of evidence (also known as the “more likely than not” standard). There are four key elements involved in a medical malpractice lawsuit.

  • First, it is necessary to prove that a legal duty was owed by the healthcare provider to the patient.
  • Secondly, it must be proven that the healthcare provider breached the duty of care that they were supposed to fulfill.
  • Thirdly, the patient must show that because of the breach, they sustained an injury.
  • Finally, even if a patient is able to show that their healthcare provider acted negligently, this is not enough. We need to show damages to ensure that there is a basis for the claim.

Settlement or Trial?

A large majority of cases are settled without ever reaching the inside of a courtroom. If both sides are able to reach a fair and reasonable agreement, lawyers will try to settle the claim. Without an agreement, the case will proceed to trial. At trial, both parties will present evidence and expert witnesses to testify as to the standard of care that is required and whether or not the healthcare provider lived up to that standard. The finder of fact, whether it is a jury or just the judge, will then weigh all of the evidence and determine which side is more credible. Attorneys will attempt to prove their case in order to provide their client the proper compensation for the injuries that they have sustained.

Medical Malpractice Attorneys in New Jersey and Philadelphia

If you or a family member has recently been the victim of medical negligence, it is possible that you would like to speak with one of our professionals. Please contact the Mininno Law Office for a free case evaluation, or call for a free consultation at (856) 833-0600 in New Jersey, or (215) 567-2380 in Philadelphia.

Nursing Home Abuse Leads to Two Lawsuits for West Virginia Facility

Accidents do happen, especially when it comes to the elderly and disabled. Unfortunately, more often than not, accidents in nursing homes and long term care facilities are a result of nursing home abuse from the staff or administrators. These accidents and cases of abuse and neglect are also usually not isolated incidents. If one resident is being abused, then there are probably others. Teays Valley Center, a Putnam County, West Virginia nursing home, was named as a defendant in two wrongful-death lawsuits filed in Putnam County Circuit Court on June 23, 2011.

Teays Valley Center Named Defendant in Two Wrongful Death Suits

new jersey philadelphia nursing home abuse lawyers lawsuit virginiaIn one of the suits, Bonita Tomblin is alleging that her late mother, Anoway Rose Smith, died as a result of the nursing home’s “systemic abuse and neglect.” Smith was a patient at the nursing home four separate times between August 25, 2009 and February 2010, and she died on February 23, 2010. According to the lawsuit, Tomblin says her mother suffered skin breakdown, weight loss and falls as a result of the neglect from the home. The lawsuit asks for damages for pain and suffering, mental anguish, inconvenience, physical impairment, loss of capacity for the enjoyment of life, aggravation of existing diseases and physical defects, medical expenses and for her death. It also requests punitive damages.

In the other lawsuit filed against the Teays Valley Center, Shirley A. Osburn alleges the nursing home’s abuse and negligence caused the death of her husband, John A. Osburn. Mr. Osburn was a resident at the home for only a week in July 2009. According to the lawsuit, during his time at the home, he “suffered serious injuries from a pattern of poor care, negligence and abuse” including “an injury of an unknown origin, that resulted in a fractured right hip, falls, dehydration, urinary tract infection and sepsis.” Mrs. Osburn is seeking damages for her late husband’s pain and suffering, anguish and for her husband’s death.

Nursing Home Abuse Lawyers in New Jersey and Philadelphia

If your loved one is currently a resident of a nursing home or care facility and you are worried that the care they are receiving is negligent, abusive, or inadequate, contact the Mininno Law Office for a free case evaluation. You may also call for a free consultation at (856) 833-0600 in New Jersey, or (215) 567-2380 in Philadelphia.

Defective Products: Plaintiffs Win Class Action Drywall Lawsuit

A tentative settlement was reached earlier this month in a defective products lawsuit involving Florida homeowners and the supplier of Chinese drywall. The settlement amount is a reported $54.5 million dollars, which is to be used to repair Florida homes. It is estimated that between two and three thousand homes have been infiltrated by this defective drywall. The defective products lawsuit was brought after it was discovered that the drywall contained dangerous toxins that were corroding pipes and electrical wiring and giving off foul odors which led to headaches and breathing problems.

Over a Million Sheets of Drywall Sold in Florida

new jersey philadelphia defective products attorneys banner supply Class Action Drywall LawsuitA Miami company, Banner Supply, sold 1.4 million sheets of the defective drywall to various builders throughout the state of Florida. Homeowners will now be compensated due to the corrosive material that was used in their homes. This problem, with Chinese drywall, began to grow in the time after Hurricanes Katrina and Rita hit the southern coast. Chinese drywall was imported into the States in large numbers as the call to rebuild homes grew louder.

Following the discovery of the defective nature of the drywall, countless lawsuits were filed against various distributors, manufacturers, and installers, including Banner Supply. Banner Supply believes that they were lied to about the overall quality of the drywall when they purchased the defective products from Knauf Group, a German distributor. Although Banner and their insurers were forced to pay out for this large settlement, it is foreseeable that they will seek damages from the actual manufacturers and distributors that previously handled these defective products. It is not quite clear who is truly at fault for the defective drywall, it could be the Chinese manufacturer, the German distributor, or the American supplier. In any event, it is a great win for Florida plaintiffs who suffered from the defective drywall. This settlement should allow many homeowners to replace the Chinese drywall in an effort to make their homes a safer place.

Defective Products Lawyers in New Jersey and Philadelphia

If you have recently been injured due to a defective product, it is possible that you have some questions. Please contact the Mininno Law Office for a free case evaluation, or call for a free consultation at (856) 833-0600 in New Jersey, or (215) 567-2380 in Philadelphia.

Birth Defects Attorneys Discuss Cleft Palate Hearing Issues & Remedies

new jersey philadelphia Birth Defects Attorneys cleft palate issues remedies topamaxBabies that are born with a cleft palate are more likely than other children to frequently suffer from ear infections. The cleft palate contributes to a buildup of fluid in the middle ear, and if this becomes infected, the baby can develop a fever and an earache. Unfortunately this buildup can also cause moderate hearing loss. This hearing loss, if treated properly, need not be permanent. It is recommended that the child have their ears checked yearly so that if fluid is detected, it can be treated with the appropriate medicine or minor surgical procedures. This may seem daunting on top of all of the other responsibilities a parent of a child with a cleft palate birth defect may face, but it is possible that experienced birth defects attorneys may be able to alleviate the financial burden on your family.

Possible Remedies Available to Prevent Hearing Loss

Often, when a baby suffers from a cleft palate and frequent ear infections, a doctor may insert tubes into the baby’s ear. The desired effect of the tubes is to alleviate fluid build-up in the ears and restore hearing for the baby. If left for too long, it is possible that hearing damage will become permanent. You should have your baby see an ENT (ear, nose, and throat doctor) as well as an audiologist for more information. It may also be important to consult with a speech language pathologist to remedy any speech issues that may be caused by the temporary hearing loss.

Birth Defects Attorneys in New Jersey and Philadelphia

The mental, emotional, and economic stresses of caring for a child with a cleft palate can be overwhelming. In a large portion of the cases, no one is to blame for the development of the cleft palate. However, the FDA has recently announced that the epilepsy and migraine treatment Topamax (Topiramate) has been linked to an increase in the development of cleft lips and palates when taken by women during pregnancy. If you believe that Topamax may have been a cause to your baby’s cleft lip or palate, you have legal options with the Mininno Law Office’s birth defects attorneys.

We offer FREE consulations and case evaluations. There is NO upfront cost to meet with the Mininno Law Office’s experienced birth defects attorneys. Please do not hesitate to ask for help from our birth defects attorneys for your child. Contact the Mininno Law Office for a free case evaluation, or call for a free consultation at (856) 833-0600 in New Jersey and (215) 567-2380 in Philadelphia.

Medical Malpractice Attorneys Support Disclosure of Dr. Insurance Info

new jersey philadelphia Medical Malpractice Attorneys support disclosure insurance informationThe Georgia House recently passed an interesting bill which would make it mandatory for physicians to reveal their malpractice insurancestatus; whether or not they are insured. House Bill 147 still needs to be approved by both the State Senate and Governor Nathan Deal.
The House passed the bill by a vote of 150 to 20 without anyone speaking in opposition. Medical malpractice attorneys believe the passage of this bill would be a strong step forward for patients who would now be able to find out if their treaters would be covered in the event of medical negligence.

The Assumption that All Doctors Have Malpractice Insurance is Misguided

new jersey philadelphia medical malpractice attorneys support disclosure insurance informationThis piece of legislation would allow patients to find out if their physician is insured in the tragic event of medical malpractice. Rep. Ben Watson stated, “this is part of how a patient can judge a physician.” In the event the bill is passed, anyone could go through a website run by the Georgia Composite Medical Board and request information. Patients take on an enormous risk when deciding to undergo a medical procedure. Medical malpractice attorneys believe that it is a fair result to allow patients to research a doctor and their insurance coverage before electing to trust them to perform the procedure correctly.

Sharon Cooper, the Georgia House Health & Human Services Chairwoman, estimated that the number of uninsured physicians was approximately five percent, which may not seem like a startling figure, but it still presents significant risks for patients who engage in procedures with those doctors. A majority of medical malpractice attorneys believe that requiring physicians to disclose this information through surveys will help safeguard patients. Doctor’s who choose to save money by forgoing the purchase of insurance, or those who cannot obtain insurance due to a history of medical malpractice may be less than trustworthy with certain procedures and treatment. Patients should be able to steer clear of doctors who would not be able to pay for their own negligence, who would be liable for personal assets, and who are sheltering assets from the court.

Medical Malpractice Attorneys in New Jersey and Philadelphia

If you have recently undergone a medical procedure and are still in an amount of pain that you believe can only be attributed to medical malpractice or negligence, you have legal rights. Please contact the Mininno Law Office for a free case evaluation, or call for a free consultation at (856) 833-0600 in New Jersey, or (215) 567-2380 in Philadelphia.