Tag: attorney

Medical Malpractice Lawyers Inform of the Dangers of Damage Caps

There has been a push in some legal and political circles to cap damages for medical malpractice cases. Usually when this is discussed, some anecdotal story is brought up about some minor injury and a multi-million dollar award. However, these misleading anecdotes do not tell the whole story. The judgments that medical malpractice lawyers get work to serve the community in several ways that, when caps are utilized, are greatly diminished in value. Attorneys help victims regain some semblance of their life, and usually a modest sum to compensate the victims. Damage caps are destructive to our legal system.

What Damage Caps Do

new jersey philadelphia medical malpractice attorneys dangers damage capsThose anecdotes you hear are often about some “frivolous” injury and a multi-million dollar award. Usually, these anecdotes are urban legends and are far from the truth. Juries are assigned with the task of fixing damages based on a number of factors, including the projected cost of continued medical care. When caps are utilized, medical malpractice lawyers can still win a judgment, but it is more likely that the judgment is not going to be enough to cover the victim’s medical costs. When the victim cannot pay their medical bills, the government will have to step in and help, help that is subsidized by taxpayers. Why should victims of medical malpractice and citizens have to bear the burden of “fixing the system” in favor of insurance companies and doctors?

Furthermore, what damage caps do is artificially allow bad doctors to stay in business and hurt other people. If damage caps are not utilized, attorneys will win judgments that compensate their clients, which are typically paid out by the doctor’s insurance company. When you lose a medical malpractice case, your medical malpractice insurance premium will increase and some of the worst doctors will be forced out of practice. However, with the caps in place, the consequences for practicing bad medicine are greatly lowered, and many of these dangerous doctors are still practicing.

Medical Malpractice Lawyers in New Jersey and Philadelphia

If you or a family member have recently undergone a surgery, and have been the victim of medical malpractice or negligence, you should contact the Mininno Law Office. You and your family deserve compensation for your injuries. Please call our experienced professionals at (856) 833-0600 in New Jersey or (215) 567-2380 in Philadelphia for a free case evaluation and consultation.

Nursing Home Abuse Causes RN to Surrender License

It is alarming how many cases of nursing home abuse go unreported and how many nurses, direct care workers, caretakers, and nursing home employees get away with this abuse without punishment. Physically, verbally, financially, or sexually abusing an elderly or disabled person is unacceptable and should never be tolerated by other staff members or the administrators of nursing homes. The elderly are normally at their most vulnerable when they are living in a nursing home or long-term care facility. They depend on the staff of these facilities to care for them and have their best interest in mind. This is what makes nursing home abuse even more disgraceful; they are abusing their position as caretakers to take advantage of the elderly.

RN Caught Physically and Verbally Abusing Patients

new jersey philadelphia nursing home abuse lawyersMyrna Siegel, a former registered nurse at the Sullivan County Adult Care Facility in Liberty, New York, is being charged with abusing patients. She has surrendered her license to practice as an RN after an investigation by the State Office of Medicaid Inspector General uncovered the abuse. She is being charged with physically and verbally abusing patients. According to a report from the Long Term Care Community Coalition, “In one instance she forcibly held down a resident while giving care, calling the resident an ‘evil witch’.” In another case of abuse, she told a resident who was not ready to receive his medication that “he had a death wish and was going to die if he didn’t take his medicine.”

As nursing home abuse and neglect lawyers, it is good to see that Myrna Siegel did not get away with abusing her patients and that her license was revoked so she cannot continue to hurt other elderly residents. Too many cases of elder abuse go unreported, but we can be proud when the system does work and the abusive caretakers are removed from nursing homes and facilities.

Nursing Home Abuse 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 any scratches, bruises, or anything that does not look right. If 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.

Elder Abuse Through Abduction and Theft of Life Savings

elder abuse in NJ and PAIn a disturbing case of elder abuse, an 85-year-old California woman was found abandoned in a cabin in Edgecomb, Maine after being abducted and dragged across the country. Barbara Davis and Nicholas Davis, 41, and their 20-year-old godson, Jonathan Stevens have been charged with the felony of endangering the welfare of an elderly dependent adult. The group allegedly used the woman for her money and then left her when the money ran out. She was found undernourished, disoriented, very thin, and robbed of her entire life savings.

Elderly Woman Dragged Across Country and Abandoned in Cabin

The woman sold her Los Angeles home in 2008 for $600,000 and moved into an apartment where she met the suspects. In 2009 they told her that they wanted to take her on a road trip and one day carried her into a car. They held her captive for more than two years using her for her money. According to Det. Robert McFetridge, who is investigating the case:

“They knowingly left her in a small cabin with no telephone and very little food… They left her to her own devices to take care of herself in 93-degree heat…Every time I talk to her, she slowly comes out of her shell. They exploited her, isolated her from the world, they controlled what she saw, what she heard and who she talked to. This is a textbook case of elder abuse and financial exploitation”

The suspects took advantage of a lonely elderly woman with no family for their own personal gain and left her with nothing. This is an extreme example of how little some people think of the elderly. Once they were done exploiting her for her money, they literally abandoned her to die. The elderly are easy targets for financial elder abuse because they have had their whole lives to save and are often lonely and can be easy to gain their trust. The three suspects were released on bail and are scheduled to appear in court on September 29 to face charges.

Elder Abuse Lawyers in New Jersey and Philadelphia

If your loved one is currently being taken advantage of financially or physically, or they are a resident of a nursing home 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.

Bed Sores – Stage II

The Mininno Law Office serves patients and families affected by bed sores in the New Jersey and Philadelphia region. Typically, these bed sores and pressure ulcers are caused by nursing home neglect and abuse. This is the second post in a series of four that will describe the stages of bed sores. It is important to know the bed sore stages as laid out by the Pressure Ulcer Advisory Panel. This post covers the second evolution of bed sores, Stage II.

What Happens if Stage I Bed Sores Are Not Treated Promptly?

Typically, once a Stage I bed sore develops, medical professionals are attentive and realize the danger that the patient is in. The medical professionals then take the appropriate steps to care for the bed sores and avoid any serious complications. However, when the medical professionals neglect their duties, a Stage I bed sore will progress into a Stage II bed sore, which is even more painful and potentially fatal.

As Stage II bed sores develop, so too do a host of other symptoms. There is a skin loss involving the epidermis, dermis, or both layers of skin. The bed sore will look superficial, much like an abrasion, blister, or small crater. It will look like a shallow open ulcer with a pink-red wound bed, without slough. It could also look like a serum-filled, open, or ruptured blister. Once bed sores progress past this stage, they are much harder to treat.

Prevention is Key

As discussed in the previous blog, prevention is the key to stopping bed sores. Essentially, the medical staff needs to be attentive to the needs of their patients, especially those who are unable to care for themselves and shift positions. Bed Sores are entirely preventable; it just takes staff attention. Unfortunately, in many nursing homes and assisted living facilities, it is difficult to come across because of budget cuts and under-staffing.

This should serve as a warning for family members of patients in these facilities. We are not suggesting that all facilities, or even most, are dangerous, but it is extremely important to monitor your loved one’s condition in these facilities to prevent things like bed sores.  The medical staff should be checking on your family member and so should you.

Bed Sores Lawyers in New Jersey and Philadelphia

If you or a loved one has suffered from bed sores in a nursing home or assisted living facility you should contact the Mininno Law Office for a free consultation and case evaluation at (856) 833-0600 in New Jersey, or (215) 567-2380 in Philadelphia. We are experienced at holding those who caused your or your loved one’s injury responsible for their actions. Let the Mininno Law Office serve you by getting you the fair and just compensation which you truly deserve.

Bed Sores – Stage 1

Bed sores and pressure ulcers, 99% of the time, are indicative of nursing home abuse. Usually, bed sores are classified as a Stage I, Stage II, Stage III, or Stage IV, but many of our clients do not know what the difference is between these. This blog post, and the following three in this series, are aimed at informing nursing home abuse victims, and their families, about their injuries and what they can do about it.

Bed Sore Stage Classifications – Stage I

Stage I bed sores represent the first stage of bed sores, and should serve as a warning sign to medical professionals and family members. Patients with Stage I bed sores typically exhibit the following symptoms:

  • a warming or cooling in skin temperature,
  • changes in tissue consistency (firm or boggy feeling),
  • pain,
  • itching, and
  • persistent red, blue, or purple hues.

Typically, bed sores lawyers are not involved with Stage I bed sores because they can be treated by medical professionals, thereby eliminating a serious health risk to the patient. But, as experienced bed sores lawyers, we can tell you, from first hand experience, that monitoring your loved one’s health is very important. Bed sores progress very rapidly, and when they are discovered, they need to be treated immediately.

Preventing Bed Sores

Bed sores typically are caused by pressure on the skin at bony areas of the body. Continuous pressure and friction are dangerous to people with the following risk factors:

  • over 65,
  • incontinence,
  • malnutrition,
  • dehydration,
  • lack of movement,
  • numbness,
  • smoking, and
  • previous pressure ulcers.

For bed ridden patients, skin should be kept clean, dry, and moisturized. Furthermore, their position should be changed regularly, and special equipment and pads should be used to protect skin over bony areas. The best medicine for bed sores is prevention, and the number one tool for prevention is attentiveness. It is important to be attentive to a patient’s needs. If a patient is ignored or neglected, deadly bed sores can quickly develop.

Bed Sores Lawyers in New Jersey

Later posts will demonstrate how a Stage I pressure ulcer can quickly develop into a more serious problem. If you or your family member has developed bed sores while in a nursing home or assisted living facility, contact the Mininno Law Office for a free consultation and case evaluation at (856) 833-0600 in New Jersey, or (215) 567-2380 in Philadelphia. You deserve compensation and the Mininno Law Office can get it for you.

Elder Abuse Leads to Three Year Conviction for Caretaker

Financial elder abuse is unfortunately becoming more prevalent as the economy worsens. People in low paying caretaker jobs are becoming more desperate and see stealing from the elderly patient that they care for as an easy way out of their financial problems. Stealing from a vulnerable elderly or disabled adult is a horrible crime and should not be tolerated.

Caretaker Forges Checks Totaling $300,000

elder abuse in NJ and PAMarisa Robles, 31, faced 92 counts related to theft, fraud and elder abuse and pleaded guilty to 32 counts of fraud and elder abuse this month. Robles used her access to the 81-year-old man’s financial documents to write checks to herself and sign his name. According to Deputy District Attorney Barrie Pink, “She started small to see if she could get away with it,” first forging checks for $500 but then quickly began writing them for larger amounts up to $10,000. Robles stole up to $300,000 from the elderly man.

Robles was not just stealing from the man’s personal accounts. The victim has a foundation that gives money to help less fortunate girls in third would countries to better themselves through education. “She stole from him, and she stole from what his foundation does,” said Pink.

After her arrest, Robles kept saying, “Can’t I just pay it back.” But by the time of the arrest, Robles did not have any of the $300,000 left. At an August 17th hearing, Robles will be asked to repay all the money she took.

Elder Abuse Lawyers in New Jersey and Philadelphia

If your loved one is being taken advantage of financially, or you believe the care they are receiving is abusive or negligent, you should 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, and (215) 567-2380 in Philadelphia.

Birth Defects Attorneys: The Danger of Topamax

Topamax (Topiramate) is a drug produced by two divisions of Johnson & Johnson that is prescribed for two conditions; epilepsy and migraines. For both conditions, the drug is used preventatively. It can not relieve seizures or migraines already happening, but, taken on a regular basis, can help to prevent them from occurring. Off-label uses of the drug, for which Johnson & Johnson and Ortho-McNeil Neurologics were sued and found accountable, include bipolar disorder, alcoholism, obesity, infantile spasms, myoclonic seizures, and absence seizures. Professionals realize that because of the wide disbursement of the medication, many different people have been affected by its side effects, and need to be informed and warned about the dangers of its use.

What are the Dangers of Using Topamax?

new jersey philadelphia topamax topiramate cleft lip palate birth defects attorneysA recent FDA announcement warned that using Topamax has been linked to an increase in the development of cleft lips and palates by over 21 times the normal rate. This side effect manifests in women who have taken Topamax while pregnant, or before becoming pregnant, but during child-bearing years. Topamax has been classified as a Pregnancy Category D drug, meaning there is positive evidence of human fetal risk, but usage of the drug may continue if medically necessary. If your child was born with a cleft lip, palate, or both, and you took Topamax while you were pregnant, or before becoming pregnant, it may be responsible for the development of your child’s birth defect.

Our attorneys caution you to consult your physician immediately, if you have not already done so, to discuss what these new dangers mean to you. Please note, that you should consult your physician before discontinuing usage of Topamax, as there may be complications associated with a rapid discontinuance.

Birth Defects Attorneys in New Jersey and Philadelphia

If your child was born with a cleft palate/lip and you were taking Topamax before or during pregnancy you are wondering what are your legal rights. You may also be wondering what the cost will be to have legal representation. Our experienced professionals are here to help. Contact the Mininno Law Office for a free case evaluation and consultation at (856) 833-0600 in New Jersey, or (215) 567-2380 in Philadelphia. You and your child deserve compensation, so please do not hesitate.

Birth Defects Attorneys Communicate Cleft Palate Resources

We have been discussing cleft lip and palates in a variety of different topics on this blog, including surgery and medical care. However, it is important to know that there are other resources around the world (and web) that can be beneficial to helping your child overcome his cleft lip/palate birth defect. Our attorneys care about you and your family’s well-being and wish to provide a link to scholarship opportunities for students attending college.

The Cleft Palate Foundation’s College Scholarship

new jersey philadelphia birth defects attorneys cleft palate resourcesOur birth defects attorneys believe that the Cleft Palate Foundation is an invaluable resource of knowledge for families with members who have a cleft lip or palate, of any age. While the website itself is a great resource for knowledge, they also have an annual scholarship fund, and applications for the 2012-2013 school year are being accepted until January 1st, 2012. It is uplifting to see the past recipients of the scholarship as well, because you can see their corrective surgery, as well as the bright future ahead of them. Please submit your application to them and good luck with the selection process.

Birth Defects Attorneys of New Jersey and Philadelphia

Our professionals are available for your needs. If your child was born with a birth defect, like a cleft lip or palate, your legal rights may have been affected. For instance, the FDA has recently announced that Topamax (Topiramate) has been linked to the development of cleft lip/palates. If you believe that this drug may have contributed to the development of your child’s birth defect contact the Mininno Law Office at (856) 833-0600 in New Jersey, or (215) 567-2380 in Philadelphia for a free case evaluation and consultation.

Nursing Home Abuse Occurs Through Theft of Pain Killers

Nursing home neglect comes in many forms and one of those forms is medicine. Most of the time, medicine is used a chemical restraint. Over sedation can cause residents to become “easier to deal with.” However, other times, caretakers could be abusing prescription medications, and taking doses from their patients. Heidi Soland, 30, who used to work as a nursing assistant for the Broen Memorial Home in Fergus Falls, Minnesota has been charged with theft and neglect after allegedly stealing nine painkiller patches from patients in the home. She stole the Duragesic patches, a powerful narcotic, from four mentally and physically impaired patients. Staff members at the home said that they began to notice patches going missing last October. According to the Broen Memorial Administrator John Zwiers:

“We monitored when we placed them and when we take them off … noticed that some were taken off when they weren’t supposed to be … we came up with one suspect, and we called the police.”

Nursing Assistant Pleads Guilty to Theft and Neglect

new jersey philadelphia nursing home abuse lawyers heidi solange broen memorial caseSoland was given a criminal neglect charge to for each victimized patient, along with a possession charge for the drug. Soland pleaded guilty in May to one felony theft and criminal neglect charge, and the rest of the charges from the incident were dropped. She was sentenced to 120 days in jail and was credited for 67 days served. She must also complete five years of probation.

It is always a shame when a person who is employed to care for a vulnerable elderly person takes advantage of their position for their own benefit. Soland neglected the needs of her patients by not giving them the painkillers that they needed and then abused her position by stealing the narcotics for herself. Zwiers said:

“In my 10 years, this is the first time that we’ve had somebody taking drugs like this … (People) stealing narcotic drugs will be prosecuted, and I think that people need to know that. And that is the way that we can stop it from moving forward in the future.”

Nursing Home Abuse Lawyers in New Jersey and Philadelphia

If your loved one is being taken advantage of, not given the medications they need, or you believe the care they are receiving is abusive or negligent, you should 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, and (215) 567-2380 in Philadelphia.

Defective Products Attorneys Secure $40 Million Verdict for Victim’s Family

new jersey philadelphia defective products attorneys kia motors tiffany stablerDefective products attorneys work to serve two groups of people: their immediate clients who have been injured and are in need of compensation, and the public at large, who are put into harm’s way with a defective product.

Recently, in Alabama, a verdict was found against KIA Motors for the death of 16 year old Tiffany Stabler, who was tragically killed after being ejected from her KIA as a result of a collision. Tiffany’s father purchased the car as a gift, and took it to the dealership to make sure everything was in working order. If the recall had been issued in time, Tiffany would still be alive today.

In 2002, KIA recalled nearly 190,000 vehicles from 1995-1998 for defective seat belts, which made a latch noise, but never closed. However, this recall was a month too late for Tiffany, who was killed before the recall was issued. The family’s defective products attorneys were able to secure a sizable judgment for the family, which they most certainly deserve.

How Defective Products Attorneys Help the Public

The Stabler family’s defective products attorneys assisted the Stabler family in receiving compensation, for sure. But they have also helped the public at large, by winning a judgment that will surely make KIA Motors re-think it’s business practices in order to make cars safer for consumers. When a product is defective, defective product attorneys are an important part of the system to insure that market forces mandate a change in the manufacturing of that product. Changing dangerous products is beneficial to everyone as a whole.

Defective Products Attorneys of New Jersey and Philadelphia

If you or your family members have been injured by a defective product, it is important to act quickly to protect your legal rights. Our experienced professionals are available to assist you in getting the compensation you and your family deserve. 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.