Medical Malpractice Attorneys Agree to Settlement in Iowa

A settlement was reached between an Iowa woman and the University of Iowa Hospitals and Clinics. Medical malpractice attorneys settled Nancy Kammerer‘s case for $1.5 million, a figure reported by the Associated Press. The woman was in need of a kidney transplant which was to help save her life and allow her to resume daily activities as she had hoped. Fortunately, her husband was a match and was able to donate his kidney to help out his wife in need. However, the good fortune ended there. Following an enormous medical error, the woman was left severely diabetic.

Life Saving Procedure Further Endangers Woman

new jersey philadelphia medical malpractice attorneys settlement iowa nancy kammerer wells fargoNancy Kammerer, 56, of Urbandale, Iowa,  alleged that her physicians mistakenly cut part of her pancreas while undertaking the transplant procedure in 2008. Her lawyers said that her pancreas needed to be removed after this mistake, leading Kammerer into a future of medical uncertainty. Kammerer was a special projects manager at Wells Fargo prior to her surgery, a position that she soon had to give up after the alleged medical negligence. Her medical malpractice attorneys said that Kammerer became an insulin dependent diabetic, which added further pain and medical troubles into her life. In her complaint, attorneys alleged that the error was due in part to an inaccurate medical record that was in her file. It is certainly an unfortunate situation, but they say that it is not uncommon. It is important for patients who have been victimized by medical negligence to seek legal advice in order to receive compensation for their potentially sky rocketing bills. Victims often have increased hospital bills, future medical expenses, and extreme pain and suffering, which occurs far too often.

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: Vet’s Hepatitis C Due to Negligence?

Between the years 2004 and 2009, 11,000 United States veterans received colonoscopies with improperly cleaned equipment in Florida, Tennessee, and Georgia. Medical malpractice attorneys say that of this group of veterans, five have tested positive for HIV, twenty five have tested positive for Hepatitis C, and an additional eight have tested positive for Hepatitis B. Many of the veterans have filed lawsuits or reached settlements out of court. Robert Metzler, a 69 year old U.S. Air Force veteran, is the first vet to have his case reach trial.

Air Force Veteran seeks $30 Million

new jersey philadelphia medical malpractice attorneys veteran negligence cases reach trial robert metzlerMetzler’s medical malpractice attorney said that he had a colonoscopy in 2007 and a mere two years later he was told that he had hepatitis C. Metzeler is now seeking $20 million for himself, and $10 million for his wife due to loss of consortium. Three hospitals had allegedly failed to properly clean the medical equipment that was being used. The equipment was being rinsed after each patient but the proper method of cleaning would have been to sterilize the equipment with steam and chemicals. Medical malpractice attorneys say that it is quite clear that these procedures were done in an environment of inadequate training, lack of supervision, and inadequate communication. It is unclear how these cases will turn out at trial, with the Veterans’ Administration claiming that the chances that these vets contracted the diseases from this procedure are in some cases very small. As for Metzler, his medical malpractice attorney said “he feels terrible about it, he always took great care of himself. He ran, swam, ate healthy so he could have a good quality of life, and now he ends up with a serious health problem.”

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 Earn $24 Million for New Jersey Woman

An Orange County, New York jury awarded a Montague, New Jersey woman $24 million following an extreme incident of medical malpractice. Diane Manganiello was forty two years old when she was the victim of negligence which sent her into a coma for a period of time and now has left her with severe brain damage and very limited speech. Medical malpractice attorneys say that the damage award included $19.5 million for her future medical and rehabilitation needs and an additional $5 million for Andrew, her husband, for the relationship and enjoyment of life that he has now lost.

Mother of Five is the Victim of Medical Negligence

new jersey philadelphia medical malpractice attorneys diane manganiello bon secours community hospitalManganiello went into Bon Secours Community Hospital in Port Jervis, NY due to low sodium levels. Saline solution should have been infused into the woman slowly because this was a chronic condition. Sadly, this is not what happened. Medical malpractice attorneys say that saline solution was infused very rapidly, raising her sodium levels significantly in only fourteen hours. Following a trial that lasted nearly four weeks, the critical care physician, Dr. Moinuddin Ahmed was found to be sixty percent responsible, while Rose Aumick, the nurse, was found to be responsible for the remaining forty percent. Today, Manganiello lives in Milford, Pennsylvania at a supported living facility. Her family is only able to bring her home on weekends for visits but they hope in the future, thanks to the compensation from the verdict, that they will be able to bring her home permanently and she can receive a high level of care from home.

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 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 – 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.

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.

Medical Malpractice Attorneys Win California Man Justice

Medical malpractice attorneys and their client, a California man, came out victorious following a jury trial over the negligence of a medical center and an anesthesiologist. The California jury awarded the plaintiff $2.25 million as compensation for the brain injury that he sustained. The lawyers’ complaint alleged that the anesthesiologist let the patient go too deep under the anesthesia.

Routine Eye Procedure Leads to Significant Brain Damage

new jersey philadelphia medical malpractice attorneys win california man justiceThe patient went to the Mazzocco Ambulatory Surgical Center to have the lens on one of his eyes replaced with an artificial counterpart. The operation was categorized as standard and was only scheduled to last about two hours. The anesthesiologist assigned to the man reportedly had a history of walking out of the operating room while patients were under the effects of the potent drug. In the case that lead to the lawsuit, the patient was led into a deeper level of sedation than necessary.

The plaintiff’s medical malpractice attorneys urged that the physician had either left the room or had left the patient unattended. The stopped breathing and, in the absence of a physician, did not receive immediate and necessary attention. Since oxygen was cut off to the brain, the man suffered an anoxic brain injury, which is commonly known as cerebral hypoxia. This type of injury is extremely serious and lawyers claim that it could be life threatening and cause permanent cognitive damage to patients, potentially leaving them disabled.

Prior to trial, the anesthesiologist settled with the plaintiff. At trial, the plaintiff was further awarded upwards of two million dollars for his traumatic situation.

Medical Malpractice Attorneys in New Jersey and Philadelphia

If you or a family member have recently been victimized medical negligence, you shouldn’t waste any time in contacting a medical malpractice attorney. 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 Win $3 Million for Young Girl

The difference between a civil trial and a criminal trial is easy. In a civil trial, the jury must reach a majority opinion based on a “more likely than not” standard, as opposed to the criminal law requirement of a unanimous decision which is beyond a reasonable doubt. Thankfully for young Hannah Tilton, a ten year old girl who is severely disabled, the civil jury system worked out. In a six to three decision, a jury found that midwife, Irene Meyers, had breached the standard of care when she oversaw Hannah’s birth which led to dramatic injuries. Medical malpractice attorneys say that following a nine day trial, spanning three weeks, the jury got this case right after about six hours of deliberation.

Money Damages Help but They Certainly Aren’t Enough

medical malpractice attorneys in nj and paYoung Hannah Tilton was awarded $2.3 million for medical and health care expenses that she will incur in the future, $345,000 for medical expenses that she and her family have already paid, and $500,000 for the girl’s permanent impairment and loss of enjoyment. The young girl was born with severe mental retardation which has left her confined to a wheelchair. Furthermore, she must use a feeding tube for sustenance and maybe worst of all, she is blind and can’t speak or verbally communicate. Hannah was diagnosed with Kabuki Syndrome but her medical malpractice attorneys urged that she must have suffered a serious injury during birth due to a lack of oxygen. In a tight vote, the jury decided that Meyers failed to follow the standard of care when she was charged with overseeing the delivery and her negligence caused these significant injuries. Medical malpractice attorneys believe that this is a major victory for a plaintiff who has suffered an inordinate amount in her young life.

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 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 Reform Strikes in North Carolina

The North Carolina Senate has recently passed a bill that is expected to reform medical malpractice laws. Specifically, the bill will limit the amount of money plaintiffs can be awarded following a civil trial within the state. The legislature’s hope is that with the liability of medical malpractice limited, higher quality doctors and medical personnel will stay within the state. The goals of the Senate also include a hope to lower health care costs because as liability decreases, the cost of medical malpractice insurance will also become lower. Although it is a great advantage for the state to have lower health care costs and more respected medical personnel, this action may also limit the availability of just remedies to those who are hurt by medical malpractice and negligence.

Patient’s Remedies Become Limited

medical malpractice lawyers in nj & paPatients in North Carolina will still be able to recover medical costs and lost income that result from medical malpractice or negligence. However, there will now be a $500,000 cap on the amount juries are able to award for non-economic damages, such as pain and suffering. A safeguard is included for plaintiffs which says that this cap is not relevant when a doctor or health care providers conduct is seen as grossly negligent, fraudulent, intentional, malicious, or reckless disregard for others that results in death, permanent injury, disfigurement, or loss of a part of the body. This exception does not cover incidents when patients are seriously injured by medical malpractice that does not fall into one of these narrow exception categories. North Carolina Senate President Phil Berger stated:

“Our citizens suffer in a lottery-like system that lets trial lawyers win big while doctors flee to states where they can practice without fear of unfair lawsuits. I commend our members for reaching a reasonable compromise.”

What Berger fails to recognize is that the legal system and judges are in place to decide when a lawsuit is unfair. If a judge allows a case to go to trial, why shouldn’t injured patients be allowed to collect damages that a jury of their peers found fitting? Medical malpractice and negligence is the problem, plaintiffs who collect money following extreme pain and suffering is justice. Limiting the amount of money that severely injured people can collect is extremely unfair, especially when much of that suffering comes at the hands of doctors that are paid to be attentive, not negligent.

Medical Malpractice Attorneys in New Jersey and Philadelphia

If you or a loved one has recently undergone a medical procedure but are still in pain which you believe can be attributed to medical malpractice, it is possible that you have some questions. Please contact the Mininno Law Office at 856-833-0600 in New Jersey, or 215-567-2380 in Philadelphia.

Bed Sore Lawyers Offer Practical Advice on Nursing Home Neglect

The nursing home neglect and bedsore lawyers at the Mininno Law Office would like you to know that most bed sores and pressure ulcers are preventable and, with proper care, can usually be avoided.

Risk Factors of Bed Sores and Steps for Prevention

NJ and PA Nursing Home Abuse and Bed Sore Lawyers
There is an increased chance of bed sores when certain risk factors are evident, including,

  • confinement,
  • immobility,
  • loss of bladder/bowel control,
  • poor nutrition, and
  • decreased mental awareness.

 

However, patients deserve the respect of proper care, which should include regular bathing, repositioning (in accordance with the needs of the patient), nutrition, and medical attentiveness. Bed sores occur when nursing home staff and personnel are inattentive and unsympathetic o the needs of their patients. Whether through malice or just under staffing, this disregard for proper care allows patients to lay for too long in their beds and opens a door for the bed sore formation. Bedridden patients who cannot care for themselves are must be re-positioned at least once every two hours, to prevent these painful and often fatal afflictions from forming.

Anyone with a loved one who is a bedridden nursing home resident, should do all in their power to make sure their loved one is receiving the proper bed sore prevention care. While the vast majority of medical personnel are kind and careful, those who are overworked or careless, can cause significant pain to those they should be protecting.

Be vigilant and protect the ones you love by being involved in your family member’s care.

Bed Sore Attorneys of New Jersey and Philadelphia

If your loved one has recently suffered from a bed sore, then you may questions concerning your legal rights. In cases where you suspect that neglect or mistreatment played a factor in the development of the bed sore, contact the Mininno Law Office for a free case evaluation. You may also call for a free consultation in New Jersey at (856) 833-0600, or in Philadelphia at (215) 567-2380.

Medical Malpractice Attorneys File Lawsuit for Child’s Death

Medical malpractice attorneys have filed a lawsuit in Nebraska, in the Douglas County District Court, following a case of medical malpractice which led to the death of a two year old. Almariah Izabel Duque was approaching two years of age when her life came to an abrupt end. The young girl was given ten times the recommended dose of heparin as she was undergoing kidney dialysis. We have unfortunately found that this type of tragic occurrence is not uncommon in the medical world today.

Family Seeking Damages for Their Little Girl’s Death

new jersey philadelphia Medical Malpractice Attorneys file lawsuit heparin drug deathThe Duques brought their baby girl to Nebraska for a transplant after she was born with congenital defects. Almariah received a pancreas, liver, and small bowel transplant in late December of 2009. She was discharged from the hospital a few months later but quickly returned as she developed an infection.

The infection caused her kidneys to shut down, requiring her to undergo dialysis. The problem arose when the pump, used to disperse heparin, malfunctioned. The young child was given nearly ten times the proper dose. The mistake was not discovered for five hours and it caused severe bleeding in Almariah’s brain. The young girl passed away two short days later. The parents of the girl have filed a lawsuit seeking money damages for Almariah’s wrongful death, her suffering while she was living, and their emotional distress over losing their young child.

We also believe that the family will challenge the constitutionality of a state law which caps the maximum medical malpractice verdict award at $1.75 million. This issue has been litigated before, and in 2003, four judges left the door open for a challenge of this law because it may infringe on the right to due process.

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.