Last night, in his State of the Union Address, President Obama tenderly glossed over a subject that has been a source for much debate over the last few years; medical malpractice reform. The President stated that he was:
“willing to look at other ideas to bring down [health care] costs, including one that Republicans suggested last year: medical malpractice reform to rein in frivolous lawsuits.”
Tort Reform Hurts Consumers
As medical malpractice lawyers, we find that those who accuse medical malpractice claims of being frivolous do not understand the extent of the damage done to people’s lives when negligent doctors make irreversible mistakes. Tort reform would only serve to harm those who are already victims of their health system, and reduce liability for those companies that, by merit of their missions, should be working for their consumers, not against them.
Medical providers and manufacturers have great responsibilities to those that lend them their trust. Patients put their lives in the hands of doctors and surgeons. Consumers put their lives in the hands of manufacturers. Limiting the liability that these figures would be responsible for would only assist in diminishing the importance of those responsibilities. Many states in the US have already begun putting in place their own tort reform legislation; reform that includes caps on damages. For a family of five in Texas with a working mother that died due to a cancer misdiagnosis, a medical malpractice lawsuit could reap no more than $250,000. This amount of money would hardly cover medical bills, let alone take care of the remaining family members in the absence of their mother’s income.
Allegations that the tort system costs the health care industry billions of dollars a year are constantly debunked. Health Affairs, the leading journal of health policies and research, estimated that less than 2.5% of all healthcare costs can be attributed to medical malpractice litigation. And while tort reformists argue about “frivolous lawsuits,” they never seem to mention the “frivolous defenses.” Medical providers who have made irrevocable mistakes, instead of taking responsibility and compensating accordingly, mount “frivolous defenses,” paying high priced lawyers and medical “experts” to argue that the medicine they practiced was on par with the standard of care.
While most doctors strive to heal, there are those that strive only to gain money and power. These doctors will cut corners and practice negligent medicine, and it’s these doctors that must be held liable. How can we protect patients and consumers when we are restricting punishment and restitution for their harms?
Medical Malpractice Lawyers in New Jersey and Philadelphia
So often, the media taints it’s picture of medical malpractice attorneys and their fight against medical negligence. It is a widespread belief that these “ambulance chasers” want nothing more than money, and they’ll get it any way they can. This couldn’t be further from the truth. Medical malpractice attorneys work on a contingency basis, meaning they work for free unless they win. And they work on the side of justice, hoping to earn compensation for those who have been seriously injured and affected by negligence.
If you or a loved one have suffered due to medical malpractice, 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.
Let the Mininno Law Office team work to earn you the compensation you need and deserve.
One way to prevent bed sores from forming is to have a staff that is properly educated. Educational programs about bed sore and pressure ulcer prevention should be made mandatory for all levels of health care providers. They should also be made available for patient families so that they can make sure nursing home staff members are giving their loved ones the care they need and deserve. Patients who have the appropriate mental capacity should also be given instructions so that they can be advocates for their own proper care. 
As New Jersey and Philadelphia DePuy hip recall lawyers, we are telling our clients that they should give their own orthopaedic surgeon the benefit of the doubt and listen to what the surgeon has to say about their options. Of course, we are also recommending that all patients get a second, independent medical opinion from another orthopaedic surgeon regarding the nature and extent of their current condition, whether or not they have 
It is particularly important for loved ones to carefully monitor the staffing of nursing home patients with decreased mental awareness. These patients can be particularly vulnerable to bed sores and pressure ulcers. These nursing home patients have a unique set of circumstances that must be taken into account by caregivers at a long term care facility. A patient with a decreased mental awareness may not have the appropriate level of sensory perception to be aware of the beginning of a pressure ulcer or bed sore. Also, these patients, even if aware, are not always able to verbalize what they are feeling, or take the necessary steps to prevent the bed sores from occurring. 
During litigation, Dr. Kifuji testified (in return for immunity from prosecution) that she had been fooled by the children’s parents, Carolyn and Michael Riley, who lied about symptoms and mental conditions in order to collect federal disability checks for their offsprings’ alleged behavioral and mental disorders. Many questioned why, after indications that the Rileys could be harming their children, Dr. Kifuji didn’t do more to protect the youngsters.
Olivia Cull underwent surgery as a baby that left one side of her heart smaller than the other. She lived her life this way, until she was a senior in high school. Doctors wanted to install a catheter in her heart to prep for the final surgery that would correct the small side of her heart. She was nervous, but her mother reassured her that the catheterization procedure would only take a few hours, and that she had done it many times before. Doctors told the Culls Olivia would be home before dinner. 
Bed sores result from prolonged pressure that prevents proper blood flow to tissues, which, in turn, kills that tissue. The death of this tissue most often occurs when it is compressed between a bony prominence and an external surface, i.e. bed, wheelchair, or sometimes even other parts of the body. Some of the worst bed sores that occur in nursing home patients don’t even occur from those that are bed ridden as the name suggests. Prolonged sitting in a wheelchair can lead to bed sore development. It is important that nursing home staff members are equally vigilant with their nursing home patients in wheelchairs and in beds.
These surfaces typically have layers that help provide optimal immersion and comfort for the nursing home patient. These surfaces are designed to have independent zones to provide the correct pressure for each weight range. These surfaces are designed, in fact, to help aid in both the prevention and the treatment of bed sores and pressure ulcers. Redistribution of surface pressue is very important as the pressure causes the small blood vessels in the skin to collapse, which deprives the skin of oxygen and nutrients, causing them to die. Nursing homes should avoid using donut-type devices and most sheepskin products for pressure redistribution. Staff members should be aware of the need for proper surfaces. Not using the proper surface for patients is tantamount to nursing home abuse. The use of the proper pressure-redistributing surfaces along with proper repositioning may be two of the most important bed sore prevention tips that all families should be aware of and vigilant to for the well being of their loved ones. 
Fortunately, the medical future involving artificial joint replacement looks bright. Notwithstanding the failure of the DePuy hip implant, scientists, metallurgists, and researchers are constantly searching for better options for joint replacement patients. Unfortunately, companies like DePuy Orthopaedics and Johnson & Johnson have a financial incentive to be the first manufacturer to get their products on the market. As such, it must be questioned whether this profit motive causes manufacturers to put medical devices on the market before conducting long term studies about the product. In the case of DePuy, it appears that there were no long term studies regarding the wear and tear of the implant before the product was released into the market. Perhaps DePuy and Johnson & Johnson hoped that the chromium and cobalt metal parts in the hip implant would not pose a problem to potential patients. 
In Pennsylvania, late-term abortions, or abortions after 24 weeks, are illegal. However, Dr. Gosnell, with no certification in obstetrics or gynecology, was performing them out of his office. These late-term abortions often resulted in the birth of living fetuses. It is alleged that Dr. Gosnell and his staff would then kill these fetuses by “plunging scissors into their spinal cords.” (Weisenberg, Brin Wall Street Journal 1/20)