Nursing Home Neglect Lawyers: Family Misled on Severity of Injuries

A nursing home in Canyon, Texas may face criminal charges after 81-year-old Bill West was beaten by another male resident. On July 29, the man hit West five times in the face resulting in several broken bones, his jaw broken in five places, a broken eye socket and cheek bone. He remained at the Sky West Assisted Living Center by Shaw for two days after the beating with “no indication of medical care for those days — or very little,” said Assistant Randall County Criminal District Attorney Richard Gore. He was taken to a hospital and died 20 days later. According to a forensic pathologist, West died of pneumonia, resulting from blunt-force trauma to the head and his death was ruled a homicide. As nursing home neglect lawyers, we know that if the injuries were this severe then the facility was negligent in not providing the proper medical attention.

Facility May Face Charges for Lack of Care after Fight

nursing home neglect lawyers in NJ and PA According to the facility records, the employee who witnessed the fight wrote that the staff gave West treatment to stop facial bleeding. The facility’s owner, Lonnie Shaw, was asked if West was examined by a physician but declined to comment. The victim’s family is very upset about the cause of his death and how the facility handled his treatment. According to West’s daughter Terry Wester, his wife Loudene called the facility that day to check in and was informed of the incident. The staff told her that he was in a fight and suffered a cut lip. When Wester went to check on her father two days later he was in obvious pain and it was clear that he had been badly beaten. She asked for an ambulance and took him to a hospital.

A grand jury has cleared the other resident responsible for the attack, but the facility may still face charges. “We did substantiate an allegation of neglect. We found the facility had deficiencies in the areas of residents’ rights and client protection,” said Texas Department of Aging and Disability Services spokeswoman Cecilia Fedorov.

Nursing Home Neglect Lawyers in New Jersey and Philadelphia

If your loved one is currently a resident of a nursing home or care facility, we encourage you to visit frequently and be very observant of their treatment as well as their living conditions. If you are worried that the care they are receiving is negligent, abusive, or inadequate and would like to speak with one of our professional nursing home neglect lawyers, 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.

Medical Malpractice Attorneys: Physician Becomes Victim of Malpractice

Kevin Parsons was a successful physician practicing in the fields of geriatric and internal medicine. Tragically, Parsons was diagnosed with Lambert Eaton Myasthenic Syndrome (LEMS), an extremely rare autoimmune disorder. Medical malpractice attorneys have found that the disorder is so uncommon that it only affects 300 people on the face of the earth. Parsons devoted the next twenty years of his life researching and writing on LEMS as well as advising others with this terrible disorder. Through his far-reaching research, Parsons determined that a stem cell transplant might be a potential cure for LEMS, so he traveled to Chicago to undergo the procedure at Northwestern Memorial Hospital.

Unrelated Malpractice Ends Parson’s Search for a Cure

medical malpractice attorneys in nj and pa While at the hospital awaiting his transplant, an unrelated instance of medical negligence led to serious medical issues for Dr. Parsons. Parsons was accidentally given a dose of insulin from a nurse who failed to read a note that specifically stated that no insulin be administered. Medical malpractice attorneys believe that the insulin led Parsons into a diabetic coma and eventually caused his death only three weeks later. That’s when medical malpractice attorneys took on the case of Parson’s widow and family to seek justice for the alleged malpractice. The case never reached trial, which allowed the parties to avoid a lengthy litigation process. The two parties agreed to settle for a sum of approximately $5 million earlier this month. It appears that nurses had previously complained to higher-ups that the healthcare providers, on the floor Parsons was located, were overworked and given far too many patients.

Medical Malpractice Attorneys in New Jersey and Philadelphia

If you or a family member have recently been the victim of medical negligence, it is possible that you would like to speak with our medical malpractice attorneys. 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.

Medical Malpractice Attorneys Argue Many Cases in NYC

The country’s largest metropolitan area, New York City, was home to an enormous amount of medical malpractice lawsuits stemming from the actions of healthcare providers at public hospitals. Medical malpractice attorneys point out that much of the money paid out in damages came directly from taxpayers. Due to the negligence and malpractice of healthcare providers, 246 cases were completed in 2011 and the damage amounts are startling. The total number of payouts in New York City was up 5% to $135 million, $7 million more than the 2010 totals.

Two Shocking Cases from 2011

medical malpractice attorneys in nj and pa First, Damian Saul, 43, suffered a massive stroke while he waited for hours to see a physician at a city hospital. Upon his arrival, Saul informed a nurse that he was having trouble with his sight in one eye. This should have been recognized by the nurse as an initial sign of a stroke. The ensuing stroke left him almost completely paralyzed and he was unable to speak clearly. His medical malpractice attorneys reached a settlement of $5.5 million. His medical malpractice attorneyswere quoted as saying,

they did nothing, whoever was doing the triage was incompetent, they just weren’t listening to him.

Next, a 38 year old woman, who wished to remain anonymous, went to see a dentist to have her abscess drained. Unfortunately, her physician allowed her to be discharged from the hospital before requesting a culture test of the infected tissue. Had this test been requested, he would have recognized she suffered from an infection known as MRSA. Today, that cheek infection has led to her paralysis. The woman’s attorney, Sam Rosmarin, stated,

The tragedy here is that this could have been avoided. Her complete dependence on others as a result of someone’s negligence is a horribly unfair existence.”

Medical Malpractice Attorneys in New Jersey and Philadelphia

If you or a family member have recently been the victim of medical negligence, it is possible that you would like to speak with our medical malpractice attorneys. 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.

Medical Malpractice Attorneys: Girl Reaches Settlement with Hospital

The long and troubled journey of Malyia Jeffers now has found closure following a settlement between her family and Methodist Hospital, in California. The Sacramento girl was forced to wait five hours in an emergency room for medical attention regarding an infection. The girl was running a fever and was weakened due to a strep infection. Medical malpractice attorneys believe that due to the long wait she endured at Methodist Hospital, she lost her feet, her left hand, and part of her right hand. Once she finally did receive medical assistance, she was immediately flown to Stanford University where she was diagnosed with septic shock.

Damage Award Necessary for Child to Survive

medical malpractice attorneys in nj and pa Jeffers’ family agreed to a settlement with Methodist Hospital and emergency room workers in the amount of $10 million. Medical malpractice attorneys believe that $9 million will come from the hospital while the remainder will be paid by Emergency Physicians Medical Group of Sacramento, resulting in one of the largest awards in California history. Some of the money will go towards current expenses and the remainder will be given to young Malyia, beginning in 2026 on her 18th birthday, at $16,000 per month. Although California has a damage cap in place at a quarter of a million dollars, this only limits damages related to “pain and suffering”. Medical malpractice attorneys believe that this settlement was properly designed to avoid the cap and attribute the amounts of money to different types of damages. Hopefully, this amount of money will help the young girl adapt to her new life after this devastating case of malpractice and will allow her to lead a normal life.

Medical Malpractice Attorneys in New Jersey and Philadelphia

If you or a family member have recently been the victim of medical negligence, it is possible that you would like to speak with our medical malpractice attorneys. 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.

Medical Malpractice Attorneys: New Technology Beneficial?

The Institute of Medicine recently released a study entitled “Health IT and Patient Safety: Building Safer Systems for Better Care” which discussed the benefits of electronic recording systems of medicine. However, this report also uncovered the potential risks of medical malpractice that may arise as these systems are developed. The report calls for new plans to be utilized which would help with patient safety when dealing with electronic medical records. Medical malpractice attorneys believe this could eventually lead to possible FDA regulations regarding electronic medical records.

The Issues Facing the Move to the Future

medical malpractice attorney in nj and pa Medical malpractice attorneys have traditionally believed that the use of electronic medical records would actually decrease the number of medical mistakes and other prescription errors. With the increase in technology, medical malpractice attorneys thought that doctors and nurses would be better equipped to avoid preventable mistakes and injuries and reduce the potential for civil lawsuits. It is easy to see why people thought that better technology would help healthcare providers avoid unnecessary medical malpractice. Doctors, who are notorious for poor handwriting, would not have the same problems communicating data to others in patient charts, the equipment could monitor drug prescriptions to avoid dangerous mixtures, and hospital workers could be alerted easily of particular patient conditions without the hassle of digging through charts. However, many studies are now showing that the expected benefits of the new healthcare technology are not coming to fruition as fast as expected, if at all. The Institute of Medicine has also highlighted numerous dangers that could lead to malpractice and cause patients severe injuries. The report stated “although the magnitude of the risk associated with health IT is not known, some examples illustrate the concerns. . . Dosing errors, failure to detect life-threatening illnesses, and delaying treatment due to poor human-computer interactions or loss of data have led to serious injury and death.

Medical Malpractice Attorneys in New Jersey and Philadelphia

If you or a family member have recently been the victim of medical negligence, it is possible that you would like to speak with our medical malpractice attorneys. 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.

Medical Malpractice Attorneys: Canadian Man Dies Awaiting Treatment

Brian Sinclair passed away after he waited 34 long hours in an emergency room awaiting treatment, and now his relatives have filed a medical malpractice lawsuit. The Province of Manitoba is arguing that the Charter of Rights and Freedoms does not guarantee a right to life, liberty and security, which has been the focus of the medical malpractice attorneys for Sinclair’s family. The province is arguing that the charter “guarantees a right not to be deprived of life, liberty, and security of the person in accordance with the principles of fundamental justice.” The province also argues that the government was not negligent in the man’s death because there was no personal duty to care for him under the Canada Health Act.

Can Canada Look Away while a Man Dies Without Any Obligations?

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The lawyers for Sinclair’s family found these arguments to be both offensive and perverse. They believe that if the charter were to be read in this way, the rights and freedoms that are guaranteed to all citizens of Canada would slowly deteriorate. Sinclair was a double amputee and he died from a treatable bladder infection in the emergency room at age 45. His medical malpractice attorneys stated “imperiling the safety of the public in such a way that someone as vulnerable as Brian Sinclair arbitrarily would not get any medical treatment or attention as he waited in a Manitoba hospital emergency room for 34 hours, in pain, vomiting, and dying, is not in accordance with any conceivable principle of fundamental justice”. Security tape showed that when Sinclair showed up he spoke to an aide, wheeled himself into a waiting room, and a long 33 hours later he was discovered by an individual who told a security guard it appeared the man was dead.

Medical Malpractice Attorneys in New Jersey and Philadelphia

If you or a family member have recently been the victim of medical negligence, it is possible that you would like to speak with 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.

Medical Malpractice Attorneys: Wisconsin Attempts to Limit Evidence

A bill is currently working its way through the Wisconsin Legislature that would limit the admissibility of certain types of evidence in medical malpractice cases. Medical malpractice attorneys believe that this bill, which is part of a larger tort reform plan, may be over reaching. The new law would not allow courts to consider an apology, expression of condolence, or expression of responsibility by nurses, doctors, or other healthcare providers as evidence of malpractice.

The Two Debating Sides

medical malpractice attorneys in nj and pa Sandy Pasch originally wrote the bill in an attempt to disallow courts to consider healthcare provider’s apologies, but since the bill became more expanded, she elected to vote against the bill. Pasch, a nurse, was quoted as saying,

It would negate whistleblowers who call up and say to a family member I’m so sorry your husband died, we’ve been having problems with that equipment and I had to come forward, we cant take another death.

A vocal leader on the other side of the debate is Mark Grapentine, who is the spokesman for Wisconsin Medical Society, and is in favor of the new bill. Grapenstine said,

oftentimes a physician will accept responsibility even if he or she has no idea if something was the result of negligence or not. It’s kind of the human part of making someone feel better. We don’t want to have physicians worrying about what words they say and whether they’re being interpreted as an admission of fault or not.

Medical malpractice attorneys believe that, in some circumstances, the dialogue between healthcare providers and patients could be pertinent and it would be a mistake to broadly outlaw all comments, as this bill attempts to do.

Medical Malpractice Attorneys in New Jersey and Philadelphia

If you or a family member have recently been the victim of medical negligence, it is possible that you would like to speak with our medical malpractice attorneys. 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.

Medical Malpractice Attorneys: Negligent Prescription of Contraceptive

Michelle Parmeter, of Ogdensburg New York, filed a medical negligence lawsuit in the NY Supreme Court against a hospital, a doctor, and a physician’s assistant. Parmeter’s medical malpractice attorneys filed the action claiming that the assistant and doctor negligently prescribed the woman an oral contraceptive. The defendants are Claxton-Hepburn Medical Center, Mr. Scott D. Beeles (physician’s assistant), and Dr. William Baerthlein. Parmeter was a patient throughout 2009 and now seeks compensation for her injuries.

Woman Loses Part of Her Arm

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According to the woman’s medical malpractice attorneys, Beeles failed to recognize that she was prone to potentially acquiring thrombosis prior to instructing her to take the oral contraceptive. Parmeter further charges that both men failed to provide proper care and consult with other physicians who may have had a better idea of the possible dangers surrounding the medication. Finally, medical malpractice attorneys also noticed that Parmeter was never informed that she should not use tobacco while on oral contraceptives. According to the lawsuit, these different instances of malpractice led to the loss of the woman’s arm. Now, she is seeking damages that will compensate her for lost wages and future medical expenses that she will incur. Medical malpractice attorneys believe that Dr. Baerthlein may also be held liable if he failed to acquaint himself with the medical literature and common practices regarding the oral contraceptive that was prescribed. Whenever a patient begins taking medication, it is essential that healthcare providers provide the patient with the necessary information to safely take the medicine. Doctors are required to recognize potential dangers, such as thrombosis (blood clot), in order to minimize risks. They then must relay this information to their patients.

Medical Malpractice Attorneys in New Jersey and Philadelphia

If you or a family member have recently been the victim of medical negligence, it is possible that you would like to speak with our medical malpractice attorneys. 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.

Medical Malpractice Attorneys and the “Conspiracy of Silence”

Prior to the 1960s, medical malpractice litigation was far less prevalent in society than it is today. Everything began to change when medical malpractice attorneys were able to break the traditional “conspiracy of silence”. This led to many more tort claims and allowed injured patients to seek the compensation that they rightfully deserved. The conspiracy of silence refers to the discouraging of physicians and doctors (who today serve as expert witnesses) from testifying against other healthcare providers in malpractice or negligence lawsuits.

A Change in the Protocol of Experts

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It was very difficult for medical malpractice attorneys to prove that medical malpractice occurred when they were unable to call experts in the field, such as doctors, to testify. Informing the jury of the relevant standards of care and the expected performance and requirements did not hold as much water when a prominent professional in the field was not the one testifying. Thankfully, today, medical malpractice attorneys are able to call any number of expert witnesses who can now shed light on the potential negligence of their colleagues in the field. The unspoken tradition of doctor and physicians refusing to testify against their colleagues in reality only caused an injured victim to suffer. This cultural shift signified a great time for injured patients because it gave tort lawyers and medical malpractice attorneys’ greater leverage to prove their case by painting a much broader picture. Today, both parties are able to call as many expert witnesses to testify as they wish and the jury is able to determine who has presented a stronger case, free from any conspiracy of silence.

Medical Malpractice Attorneys in New Jersey and Philadelphia

If you or a family member have recently been the victim of medical negligence, it is possible that you would like to speak with our medical malpractice attorneys. 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.

Medical Malpractice Attorneys Prevail 13 Years after Child’s Death

Way back in 1998, Anna Gloria Rivera was ten years old and had her entire life ahead of her. Medical malpractice attorneys believe things turned tragic when she was rushed to Woodhull Hospital, in Brooklyn, New York following a severe asthma attack. Prior to asking the young girl’s mother for a medical history or providing a muscle relaxant, sedative, or any sort of pain medication, the treating doctor hooked the girl up to a respirator. The doctor elected to set the ventilator machine at 40 breaths per minute, a clear case of medical malpractice since the protocol for a child of Anna Gloria’s age is around 8 to 10 breaths.

Death Follows Medical Professionals Malpractice

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The young girl’s medical malpractice attorneys said “she died about three hours later after her lungs were ‘blown out’ with all the oxygen“. In 2007, following a six week trial, a jury elected to award the Rivera family $3.5 million for pain and suffering and $500,000 for a wrongful death finding. Unfortunately, medical malpractice attorneys had to continue to litigate the issue following an appeal by the city. This prolonged the agony of the family and put off closure for nearly four more years. Finally, in 2011, the plaintiffs once again prevailed and the city was charged thousands in legal fees in addition to $478,000 in interest because of the delayed payment of the damage award. Medical malpractice attorneys believe that because this lawsuit came against a public hospital, the city’s taxpayers will be forced to incur much of the bill after the litigation raged on for so many years.

Medical Malpractice Attorneys in New Jersey and Philadelphia

If you or a family member have recently been the victim of medical negligence, it is possible that you would like to speak with our medical malpractice attorneys. 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.