Medical Malpractice – inevitable human error or very preventable negligence?

We all agree that there are too many medical malpractice lawsuits in courtrooms around the country. The reason for this is simple. While most doctors and medical staff are well trained and professional, every day, some medical care workers prescribe the wrong medication, misdiagnose patients, perform the wrong procedure, and even operate on the wrong part of the body. Overworked and underpaid nurses and aides make simple mistakes that harm patients. Surprisingly, the most common cases of medical malpractice involve preventable falls and preventable bed sores.

In 2008, New Jersey hospitals reported 533 incidents of error. These blunders included patient falls, bed sores, and foreign objects left inside patients after surgery. Of these 533 errors reported in New Jersey in 2008, 40% of them were patient falls. The typical falling patients were elderly women between the ages of 81 and 90. Fractures to arms and legs were the most commonly reoccurring injuries resulting from falls, while 9% of the falls resulted in death. Seventy-one percent of the falls happened in the patient’s rooms, usually while the patient was trying to get to the bathroom. Some may argue that these falls are hardly medical malpractice cases, and simply accidents. Those people are wrong. These “accidents” are preventable and someone must be held accountable. Fall prevention must be high priority for health care facilities housing high-risk fall patients, and hospital staffs should be educated about those patients. Perhaps better lit pathways to private bathrooms, or rails that patients could hold onto while walking could reduce fall rates. We send our loved ones to the hospital in hopes that the doctors and nurses will be able to treat their ailments and return them back to health. Those doctors and nurses are paid to care for and watch over our parents, grandparents, aunts, uncles, cousins, etc. Should it not then be a nurse’s job to know that the 82 year old woman in room 104 is at risk of falling, and therefore check on her more regularly?

In addition to preventable falls, bed sores and pressure ulcers are also among the most frequently reported errors, and a grave cause for concern. The medical evidence overwhelmingly shows that there is no reason that any nursing home or hospital patient that is being properly cared for ever develop a bed sore or pressure ulcer. They are simply a sign of negligence and inadequate care-taking, and both count as medical malpractice. Bed sores and pressure ulcers result in unnecessary and preventable suffering, infection, and other serious complications, that otherwise would not have to be dealt with. Some sick patients can not take a minute infection that a bed sore can cause, and that minute infection than becomes fatal. Preventative measures should be taken to avoid these awful afflictions. Those measures include repositioning the patient every two hours, inspecting the parts of the body most prone to bedsores, cleaning skin that becomes moistened from perspiration, excrement, or wound drainage, changing sheets frequently, and keeping patients hydrated.

Asking medical personnel to prevent over 200 sick patients from falling and sustaining serious and possibly fatal injuries is far from asking doctors to be perfect. Demanding that nurses and nurses’ aides be more attentive to bed ridden patients to prevent painful and dangerous bedsores is not outrageous. Negligence, inadequate care taking, and inattentiveness are all cases of medical malpractice.
If you or a loved one has suffered due to medical malpractice in New Jersey or Philadelphia, Mininno Law Firm is here to help you get the compensation you are owed. Call (856) 833-0600 in New Jersey, or (215) 567-2380 in Philadelphia.

Defective Product information is a necessity

Each day a defective product manufacturer quietly pays off another victim in a secret settlement that no one will ever learn about. These Court approved secrecy agreements hide vital information concerning public health and safety. How? Companies manufacturing defective products will only pay for the harms they cause if the victims agree to secrecy. Why do negligent product manufacturers insist on secrecy? Because makers of unsafe products such as medicines, airplanes, baby cribs, or car tires, realize that consumers would not buy these products if the products dangerous aspects were known to consumers. Below are just a few examples of the harm that secret product liability settlements cause.

In 1996, a mother gave her 7 year old son the recommended dosage of an over-the-counter children’s medicine to treat an ear infection. Hours later the boy suffered a hemorrhagic stroke (a stroke that involves bleeding on and outside of the brain) and fell into a permanent coma. Three years of life support and failed rehabilitation attempts followed before the boy died. Later, doctors concluded that the boy’s stroke was caused by an ingredient in the medicine called phenylopropanolamine. The unsafe ingredient has since been banned by the FDA and removed from the number of over-the-counter medicines in which it was found. But before this little boy took the medicine, similar lawsuits had been filed against the negligent drug manufacturer. All of these claims should have been in the public record; however each of these defective product suits was quietly and secretly settled. Had information about the unsafe drug been made public, that boy would be a young man today.

In 2003, three Texas businessmen died when their Cessna Caravan airplane, being flown by a professional pilot, crashed due to a defective deicing mechanism. This mechanism, when working properly, removes built up ice from the wings and exterior of the plane. Ice on the wings and the airframe disrupt airflow, and can seriously affect flight, as it did in this case. During this product liability lawsuit, the plaintiff’s lawyers found concealed evidence that proved that Cessna knew its deicing system was both defective and unsafe before the plane was ever certified by the Federal Aviation Administration. When this damning evidence was found, Cessna agreed to compensate the families of the three men but only after insisting that the families agree to secrecy in order to be fairly compensated. As part of the settlement agreement, Cessna demanded its documents back and these documents were never made public. To this day, Cessna has not addressed the deicing defect in a number of its aircraft, most of which still take flight. The National Transportation Safety Board has reported 6 fatal crashes and 1 serious injury crash since the crash in 2003 that, the attorneys have claimed, involve the same defective deicing mechanism. The most recent Cessna Caravan crash that resulted from the alleged same deicing defect was October 7, 2007 in Washington State. It killed the pilot and 9 passengers.

In May of 1998, Linda Ginzel and Boaz Keysar lost their son Danny when he strangled to death after his Playskool crib collapsed. Linda and Boaz later found out that 3 secret settlements were made in product liability cases involving the same defect in the same crib. Manufacturers Kolcraft and Hasbro fought to make it 4 secret settlements, but fortunately Linda and Boaz were able to successfully deny the request, allowing news of the defective, collapsing crib to be made public.

The most well known case of of a secret settlement causing harm involved tire manufacturer Firestone 6.5 million defective tires that Fireston manufactured. Evidence linked these defective tires to car crashes occurring over a 7 year time frame. By October 2001, after the defective tires had finally been recalled, the National Highway Traffic Safety Administration determined that the defective tires had been the cause of at least 271 deaths. Most of those product liability cases were settled secretly.

Manufacturers must not only be held liable for their defective products, but must also be required to make news of these product defects public! These products have caused the death of far too many lives, and who knows how many lives could have been saved had news of product defects been made public sooner. Product liability cases should never be settled secretly, especially when the health and safety of men, women, and children is at stake. If you or a loved one have suffered injury or loss due to a defective product, you need help. The Civil Trial Attorneys at Mininno Law Office are here to help you. Call (856) 833-0600 in New Jersey or (215) 567-2380 in Philadelphia.

Defective products are dangerous products, potentially causing injury or death

Have you heard about a defective product? Something dangerous that injures and harms an innocent consumer or child? Chances are that the defective product was not made in the USA, but by a manufacturer outside of our borders and our legal rules. Research performed by the American Association for Justice last year has shown that 83% of defective product recalls announced in 2009 by the Consumer Product Safety Commission, or the CPSC, were from foreign manufacturers. These foreign made products are ones that are unsafe, dangerous, or pose a safety hazard to the users or others. Let’s look at the data and numbers to see if we can make some conclusions about where unsafe products come from.

First, the CPSC reports that there were 377 recalls of defective and dangerous products last year. Of those recalls, 312 of these defective products were for products that were made outside of the United States and then exported to the United States from foreign countries that do not have the same product safety regulations or access to the civil tort system. Even more interesting is the facts that of these 312 recalled products, a whopping 206 of these defective products were Chinese manufactured.

So ask yourself, why are most defective products that cause injuries to workers, children and families made in third world countries and not here in the USA? It’s simple. Our legal system protects consumers against dangerous products by holding United States based manufacturers accountable for the production of unsafe products by plaintiff’s lawyers in our courts.

In addition, dangerous product manufactures also can avoid our employee and product safety rules and regulations and hire low wage workers who are not afforded the same labor, wage, and legal protection that American workers are given by our labor protection laws.

The sad truth is that foreign manufacturers are not held to the same legal and safety standards as American manufacturers once their products arrive here, and they can easily avoid being held accountable in a court of law in front of a jury of our peers. As a result, they can gamble with product safety and never have to face consequences for negligent conduct. Since these defective product manufacturers can not be held accountable for the injuries their products cause, there is virtually no incentive to ensure that product safety is the number one goal when making these products

Fortunately, new legislation being proposed would force foreign manufactures to have representation here in the US so that they can not avoid being held accountable in Court. If a foreign made product proves itself unsafe, its manufacturers will be subject to the same laws that US manufacturers are subject to. The proposed legislation would require that foreign manufactures wanting to do business here in the US be required to consent to the same state and federal jurisdiction that local manufacturers do. The unsafe products would be required to meet or exceed the US safety regulations set for by the by the CPSC , the FDA (Food and Drug Administration), and the EPA (Environmental Protection Agency).

This legislation comes too late for many who have already suffered injury or loss due to defective products. For example, Taishan Gypsum, a Chinese manufacturer of drywall, exported 500 million pounds of sulfuric-acid emitting drywall to the U.S. These emissions have caused significant amounts of property damage to homes built with the Chinese made material. Reported damage includes that of HVAC systems, smoke detectors, electrical wiring, and metal plumbing components. The emissions have been linked to metal corrosion. They cause a sulfurous odor that permeates the house, and may be the cause of eye, respiratory, and sinus problems. If Taishan Gypsum knew it would be held accountable for any harm it caused by a defective product, it is likely that Taishan Gypsum would have ensured the safety of its drywall. Because it was essentially immune from our Courts and Tort System, Taishan Gypsum was free to export these unsafe products to the US and reap billions of dollars in profit.

Taishan Gypsum is not the only foreign company exporting sub-par and defective products, causing danger, illness, injury, or loss. If you or a loved one have suffered due to a defective product, the team at Minnino Law Offices wants to help. Our Civil Trial Attorneys in New Jersey and Pennsylvania have experience in cases involving defective products and are here for you. Please give us a call at (856) 833-0600 in New Jersey or (215) 567-2380 in Pennsylvania.

New Jersey wrongful death attorneys have seen the impact of a tragic loss

New Jersey wrongful death attorneys have seen it all. We’ve heard the horror stories. We’ve seen the sorrow in families’ eyes of those who have lost a loved one.

 

Recently, our New Jersey wrongful death attorneys heard some very sad news on both the local and national level. Two teens lost their lives last week after being struck by a high-speed Amtrak train in Norwood, Pa. Also last week, Marie Osmond’s 18-year-old son Michael Blosil took his own life. Add on the news about the earthquake in Chile this past weekend, and it’s been a rough seven days for everyone.

 

According to Suicide.org, there were 32,637 suicides in the United States in 2005. Exactly 536 came from New Jersey and 1,430 occurred in the state of Pennsylvania. Even though New Jersey and Pennsylvania rates are low compared to other states, those are tough numbers to swallow. Multiply those numbers by the amount of people affected, and the results are astronomical.

 

Suicide is never the answer

As a New Jersey wrongful death attorney, we know how much pain people experience when they lose someone they love. If you’re having any suicidal thoughts, please tell someone. Tell anyone. Whether it’s your best friend or just an acquaintance, people will listen. Whatever your problem is, suicide won’t solve it. But most of all, think of the ones you love. Think of your family. Think of your friends. Think about how they would feel if they lost you. Here’s another way to look at it. Think about the person you love the most, and think about how you would feel if you lost him or her.

 

New Jersey wrongful death attorneys can help you

 

If you’ve recently lost a loved one, we can’t begin to imagine what you’re going through. However, we can tell you that you’re not alone, and there are people and resources out there that can help you. If you’ve recently lost someone you love, please visit our resources on mourning from the death of a loved one.

Do you have questions or answers for a New Jersey wrongful death attorney?

Add a comment to our blog and tell us what’s on your mind. At the Mininno Law Office, you can talk to a New Jersey wrongful death attorney who can answer your questions about your loved one. We have experienced NJ lawyers who handle these cases all too often. We’d be happy to answer any questions you have or offer any help you need. Call (856) 833-0600 in New Jersey or (215) 567-2380 in Pennsylvania.

Cases with unanswered questions are the ones you hear about often on the news

Cases with unanswered questions are probably more common than you think. You hear about someone’s loss on the news and a list of possible suspects. Too often, the true suspect is not found. In a wrongful death or personal injury case, the lawyers at the Mininno Law Office work hard to find answers. We help you get closure so you can recover and move forward with your life.

What cases have unanswered questions?

There are two that recently came to my attention in the news. The first story we’ll look at comes from New York City. In November 2006, 23-year-old Sean Bell was killed while two friends were injured just outside a club. Bell was unarmed and police fired 50 shots. You might recall a similar case with unanswered questions from 1999 where police fired 41 shots at Amadou Diallo. Rock icon Bruce Springsteen wrote a song about it called “American Skin (41 Shots).” For many years, legal experts have been scratching their heads about a 1986 shooting investigation.

These cases left unanswered questions. Why were so many shots fired? Why were shots fired at an unarmed civilian? What really happened that night? For those who are mourning the loss of a loved one, closure is the most important thing that we can offer as lawyers. Nothing can bring that person back, but we promise to make sure you get the compensation and closure you deserve.

My case has unanswered questions. How can you help me?

This is what we do. We provide answers. At the Mininno Law Office, we’re very selective about the cases we take. We don’t take something on unless we can commit 100 percent and put our heart and soul into it. It wouldn’t be fair to you. We can’t begin to imagine what you’re going through, but we can help you through this most difficult time. It’s a long process, and we can help you take the steps you need to find answers as you mourn your loved one.

Do you have a question about wrongful death? We can help

If the worst should happen, you’ll need assistance from the best team you can get. At the Mininno Law Office, our civil trial lawyers deal with cases with unanswered questions all too often. If you’re mourning the wrongful death of a loved one and you have a question for our attorneys, please let us know. Call (856) 833-0600 in New Jersey or (215) 567-2380 in Pennsylvania.

The dangers of cosmetic surgery are worth thinking about while considering an operation

We always hear about celebrities getting cosmetic surgery. We hear about how glamorous it is, and we hear about the incredible changes that it makes to our bodies. Sometimes we hear about what goes wrong. However, these stories are often swept under the rug. We rarely hear about the dangers of cosmetic surgery, and judging by the numbers, potential consequences aren’t stopping anyone. According to the ASAPS, more than 10 million surgical and nonsurgical cosmetic procedures were performed in the U.S. in 2008.

What are the dangers of cosmetic surgery?

Specifically looking at breast implants, young adults must be especially cautious before going under the knife. It’s important to understand both sides of the equation: the positive side and the negative side. The positive side is obvious — there are psychological and physical reasons to consider. The risks however, can be both short-term and long-term problems as well as general complications. Thousands of young women undergo breast implants every year. With so many procedures and medical risks, there is always a chance that something could go wrong.

One of the dangers of cosmetic surgery for young women lies in the fact that their bodies have not fully matured yet. They’re still growing, and therefore, a major operation early in life could have consequences later in life. Those who are considering a procedure have to ask themselves the ultimate question: Is it worth the risk?

Are there dangers in cosmetic surgery for men?

Don’t be too surprised to hear men in the conversation. It’s become more and more common for men to join and try out these kinds of procedures. Some people just don’t like the image they see in the mirror every day, and they see a simple procedure as an option that’s worth the risk. Still, there are dangers in cosmetic surgery that are similar to risks that women face. Beyond the physical/medical risks, it’s going to cost a significant chunk of change. Once again, it comes down to one question: Is it worth the risk?

What if the worst should happen?

We hope your surgery is a success and free of complication. If something does go wrong during or following a surgery, call a New Jersey medical malpractice attorney who can answer your questions on surgical errors and complications.

You and your loved ones deserve safety and proper care. Our experienced civil trial lawyers are always available to help. Call (856) 833-0600 in New Jersey or (215) 567-2380 in Pennsylvania.

Serve your country: Jury duty is essential to fairness in the justice system

There’s a common saying that only two things in life are certain: death and taxes. However, I think there’s one more certainty that we should add: jury duty. Though it’s essential to the preservation of our government, nobody likes it. It’s like going to the dentist — it’s something you’d do just about anything to get out of. However, I’m here to tell you that jury duty is essential to not only the legal system, but to the preservation of the laws that govern our country. Regardless of whether we like it, it’s something that we simply have to do.

Why is jury duty essential?

Jurors make up the foundation of the court system. Without them, everything would be in disarray. Who would debate the testimony? Who would decide who is guilty and who is innocent? If you can come up with someone other than the jurors, I’m all ears. They ensure that everyone receives a fair trial. Only a group of individuals who are impartial to the matters of the case can determine for sure who is guilty and who is innocent.

Why are so many jurors upset right now?

Despite the argument that jury duty is essential in our court system, many people are voicing displeasure. The reason is money. In a recovering economy, many people are strapped for cash. They can’t afford to lose a paycheck. Because of the recession, many people are living paycheck to paycheck.

Imagine you are living paycheck to paycheck. One day, you get a call to sit on a trial and help decide a case. Someone tells you that jury duty is essential to the court system and you have to do it. However, you know you’re going to miss out on a paycheck or two. How would that make you feel? How would you respond?

For those who are used to the process, you know that there is a stipend to sit on a case. Rates are as high as $40 in cities like Dallas, but they can be lower elsewhere. To many people, that’s simply not enough. However, jury duty is essential to the success of the current system. To read more about this issue, click here.

Do you have questions or answers about the legal system? We can help

At the Mininno Law Office, we have experienced civil trial lawyers who are at your service. Our New Jersey attorneys are always available and willing to help. Whether you have questions about medical malpractice, trucking accidents or any other legal matter, we’d like to hear what you have to say. Call (856) 833-0600 in New Jersey or (215) 567-2380 in Pennsylvania to get the help you need.

The 2010 car recalls have left people wondering if their vehicles are safe

In 2010, there have been car recalls left and right. You’ve seen it all over the news and the Internet. People are talking about it and wondering when their vehicle will be called back. Buying a new automobile is a big investment. When making an investment of that magnitude, we want to know that it’s a good one. We expect the product to be safe and perform exactly as advertised.

The 2010 car recalls have created cause concern with companies we usually can trust. Toyota is being talked about the most right now, but it’s not the only company currently on the chopping block.

2010 Toyota car recall

In February, Toyota was all over the news. On Feb. 9, Toyota officially recalled more than 400,000 Prius cars, which is the best-selling hybrid in the world. Roughly 8.5 million total vehicles were recalled including the Camry. Brake problems were cited as the main cause. To learn more about what vehicles have been recalled, read an article from the Business Journal here.

But that wasn’t the end of the 2010 car recall for Toyota. According to the Los Angeles Times, Corollas may be next to be called in. People have been complaining about the vehicle’s power steering, and Toyota may be ready to respond. If so, it would just be the next rung on a ladder of problems the company is having right now.

2010 Honda car recall

 

Turning back the clocks a little bit, Honda’s troubles started heating up in late 2008. The company announced that some of its vehicles had faulty airbags in November 2008. After 437,000 vehicles were added to the list during February of this year, that brought the total up to nearly 1 million. Just to give you a measuring stick, Toyota has recalled roughly 8 million vehicles in the past few months.

Regarding the Honda car recall, another matter of note is the number of injuries. According to the aforementioned AP story on Philly.com, there were 11 injuries in 2009 and one death. Even one death is a big number. One is too many. If you’re driving a Honda or Toyota vehicle, do you feel safe?

Do you have a question? We can help

 

There are clear-cut dangers to using a defective product or driving a vehicle with a defect. At the Mininno Law Office, our civil trial lawyers deal with these types of cases all the time. If you have a question for a defective product attorney, please let us know. Call (856) 833-0600 in New Jersey or (215) 567-2380 in Pennsylvania.

How is elderly fall risk connected to chronic pain? We have the answer

Yesterday, I talked about how to keep elders safe. I mentioned how a slip and fall might not do much to you or me, but it could severely injure an older person. Today, let’s discuss elderly fall risk.

People fall all their life. As kids, we fall during play and other activities — kids love it. A child’s human body is flexible and bones rarely break even from the worst falls. Unfortunately, as people get older, their bodies become more fragile. When a middle age person falls, their bodies hurt for days and weeks. But, again, usually the bones don’t break.

However, when an elderly person falls there is a risk of catastrophic injuries because the aging human body becomes much more fragile. Up until recently, the correlation between aging and the severity of injury resulting from falls has been well known. However, a recent study has shown that there is another factor that also increases the likelihood of a severe injury when an elderly person falls. That factor is chronic pain.

What contributes to elderly fall risk?

There are many factors to consider. For example, studies show that increasing age, poor health and medication use all increase the risk of fall to elderly person. But, it was not until recently that researchers “stumbled” upon chronic pain as another factor. In an article in an issue of the Journal of the American Medical Association, researchers examined 749 patients age 70 and older for more than two years. The study results show that chronic pain increases elderly fall risk by 1.5-fold. In other words, those who suffer from chronic pain are 1.5 times more likely to suffer from a fall.

What can I do to prevent elderly fall risk in my relatives?

Pay close attention to your loved ones. That’s probably the single most important thing you can do. Make sure your parents and grandparents live in a safe environment with sturdy stairwells, handrails, ramps and well-kept floors. If your loved one is in a nursing home, that’s one thing to look for. If someone should fall, even if it doesn’t seem serious, call a doctor and have it checked out. It’s always better to be safe than sorry.

If something happens to your loved one in a nursing home, first call a doctor. Next, call a nursing home abuse lawyer. Your relatives deserve safety and proper care at a home. If they’re not getting it, please let us know. Our experienced civil trial attorneys are always available to help. Call (856) 833-0600 in New Jersey or (215) 567-2380 in Pennsylvania.

Concussions in young athletes might be detectable by performing a simple test

Back in January, we wrote a blog on the Star-Ledger’s series on concussions in young athletes. We talked about how important our kids are to us and how much we want to see them succeed. Above all, we want to make sure our children are safe wherever they are.

The Star-Ledger series on concussions in young athletes covered the impact and dangers of head injuries, and what’s being done to protect our kids. If you haven’t read it yet and have kids who play sports, I highly recommend you to take a look. Meanwhile, a new report has been released that I’d like to tell you about.

What’s new with concussions in young athletes?

Research has just come out that shows a cheap, simple test may be able to detect a concussion in a young athlete. The idea for the study is based on reaction time: After a head injury, reaction time is usually slower. When it’s serious, reaction time can be slow for several days afterward. Until now, tests of reaction time have been computerized, which is usually not an option for a game situation. Dr. James T. Eckner of the University of Michigan and some of his associates have developed a simple test that evaluates reaction time.

What’s the test that can detect concussions in young athletes?

The test takes a rigid cylinder and attaches it to a weighted disk. The device is released and the player has to use reflexes to make the catch as quickly as he or she can. The test is still in experimental phases and will be presented in April.

Do you have questions? We can help

Although some head injuries are more serious than others, there is no such thing as a “little head injury.” The effects of even a small head injury can be severe, such as memory loss or depression. In some cases, head injuries can even lead to a wrongful death. New Jersey lawyers can answer your questions about personal injury and a number of other topics. At the Mininno Law Office, we have experienced NJ trial attorneys who have dealt with these cases all too often. We’d be happy to answer any questions you have or offer any help you need. Call (856) 833-0600 in New Jersey or (215) 567-2380 in Pennsylvania.