attorney Archives - Page 9 of 28 - New Jersey Medical Malpractice Lawyers

Medical Malpractice Attorneys Explain the Basics of a Trial

A civil trial, including medical malpractice and negligence, are used to settle non-criminal disputes. Generally, patients are seeking compensation for some sort of wrong and they will hire medical malpractice attorneys to bring forth the case. At trial, both parties present evidence in an attempt to demonstrate their case and persuade the trier of fact, a judge or jury, of the strength of their position. In order to find the truth of the matter, the adversarial approach is used in American jurisdictions to settle civil litigation.

Describing the Adversarial Approach

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The lawyers and the defense team will present opposing legal arguments and use the facts of the situation to prove their case as they go head to head against one another. The purpose of the adversarial approach is to arrive at a just result. The logic is that the truth is more likely to become evident when each side contests the facts and law, giving the trier of fact the full scope of the dispute. The burden of proof in medical malpractice cases is a preponderance of the evidence. This standard can be described as the debated proposition, “more likely than not.” For example, if medical malpractice attorneys can prove that it is more likely than not that a doctor failed to live up to the standard of care required by the medical profession and this resulted in harm to the plaintiff, the victim has sustained its burden in proving the case.

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: Spine Surgeons Susceptible to Lawsuits

When surgeons unintentionally operate on the wrong level of the spine, many patients file lawsuits. Lawyers have found that this is the second most common type of medical negligence behind only OB/GYN physicians. Medical malpractice attorneys point to the case of Douglas and Brenda Ray. vs. Mignucci, from 2004 in Texas. That jury awarded the plaintiffs $134,000 when the surgeon operated on the wrong disc.

Ray v. Mignucci- A Common Occurrence

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In that case, Doctor Luis Mignucci accidentally removed the T5-T6 thoracic spinal disc instead of the T6-T7 disc. The doctor blamed his mistake on the MRI image which he claimed was unclear, as well as the height of his patient. The patient and his wife filed a lawsuit against the doctor in which they asked for lost wages, medical costs, and non-economic damages such as physical pain, mental anguish, loss of consortium, and loss of household services. Thankfully, the jury found in favor of the plaintiffs and awarded $94,000 to Douglas Ray and $40,000 to his wife, Brenda, for loss of consortium. This field is particularly prone to incidents of medical malpractice and therefore doctors need to be on the look out and attempt to protect their patients against significant injury. Physicians and surgeons should insist on clear imaging before beginning an operation and they should be increasingly careful in counting vertebrae before beginning an operation.

Medical Malpractice Attorneys in New Jersey and Philadelphia

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

Nursing Home Abuse Lawyers: Nurse Charged for Overmedicating Residents

nursing home abuse lawyers in NJ and PA Some caregivers and nurses use medications as a way to calm their patients and make them easier to handle. As nursing home abuse lawyers, we see many cases of abuse where overworked and frustrated care workers abuse and neglect their patients in many different ways. Marty Himebaugh, 60 years old, has pleaded guilty to felony criminal neglect for overmedicating residents and giving patients medications they had not been prescribed. Prosecutors have dropped five other felony counts against the former nurse after her guilty plea, but she still faces up to three years in prison. She admitted to giving the anti-anxiety medication Ativanto an agitated male resident who had not been prescribed the medication by a doctor.

In 2006, authorities began investigating the nursing home facility where Himebaugh worked after six resident deaths involved overdoses of morphine. In 2008, Himebaugh and her former supervisor, Penny Whitlock, were charged due to their connection with the nursing homes. Neither were charged with causing any of the patient deaths.

In 2009, Himebaugh’s nursing license was suspended by the state. This year, Whitlock was acquitted of charges that she allowed Himebaugh to overmedicate her patients and that she tried to obstruct the investigation by ordering an employee to destroy drugs she kept in her desk. Although she denies using the phrase, according to reports Whitlock nicknamed Himebaugh the “Angel of Death” because of the way her patients died.

Victim’s Loved Ones Conflicted about Guilty Plea

According to Himebaugh’s attorney Sam Amirante, “She really felt she did the right thing.” He will be pushing for Himebaugh to be placed on probation, saying that “It’s been a long haul for her. She wanted to get this over with and go on with her life.” But the relatives of the patients that died because of Himebaugh’s actions are upset with the plea deal. “We’re saddened she didn’t have to face trial on all the charges, we’re gratified she admitted some of her guilt,” said Steven Levin, who represents relatives of 78-year-old Virginia Cole.

Nursing Home Abuse Lawyers in New Jersey and Philadelphia

If your loved one is currently a resident of a nursing home or care facility, pay attention to the quality of the nursing staff. 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.

Medical Malpractice Attorneys: Infant Decapitated During Child Birth

The story of Micheatria Donelson and her unborn baby is a tragic one. The defendants, doctors and nurses from Northern Suburban Hospital in Louisville, believe that the incident could not have been predicted or prevented by the healthcare providers and it was simply an “unfortunate tragedy”. Medical malpractice attorneys for Donelson disagreed and stated “decapitation should never, never happen”. The plaintiff is seeking damages in the amount of $18 million following this tragic incident and she is still suffering from the loss of her child, battling post traumatic stress disorder and depression.

Medical Negligence or Rare Occurrence

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The defendants argued that the doctors did everything they could and that while this incident was highly unusual, their care was appropriate. Medical malpractice attorneys disagree and claim that the doctor’s failure to remove a cerclage (a small string used to close the cervix and keep the baby in the womb) led to the tragedy. The doctor agreed to using the cerclage originally but then said he removed it because it would be “physically impossible” to deliver the baby with the string still present. A nurse who was present in the operating room had a contrary recollection and claimed that the doctor did not remove the string. When the baby was delivered, the nursing staff sutured the child’s head back on to the body so that Donelson could hold her child for a short time after seeing him decapitated during delivery. According to her lawyers, this has altered Donelson’s entire life. They stated “no one prepared her for what was going on. . . the reason that this is never heard of is because it doesn’t happen unless somebody does something wrong.”

Medical Malpractice Attorneys in New Jersey and Philadelphia

Elder Abuse Lawyers: Woman Assaults Man with Two-By-Four

When most people think of elder or nursing home abuse, they think of a disabled or elderly resident of a nursing home who is being taken advantage of physically, mentally or financially. While these are the majority of cases that elder abuse lawyers come across, it is important to remember that any form of abuse or assault that is inflicted on someone over the age of 70 can be considered elder abuse.

Woman Sentenced to Seven Years in Prison after Abusing 91 Year Old Boyfriend

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On Tuesday, September 27, 2011, forty-six year old Amy Lynne Dunlap was convicted of elder abuse and sentenced to seven years in prison. She was convicted for hitting her 91 year old boyfriend Robert Palacio Jr. with a two-by-four after an argument on April 14. After the fight, Palacio went into the attic to avoid Dunlap, but as he was climbing down the ladder from the attic Dunlap hit him in the head twice with the two-by-four piece of wood. Injuries sustained included two cuts on his head, one above the left eye and the other on top of his head. According to prosecutors, the elderly man never left the hospital after his head injuries and died on April 25 of atherosclerotic heart disease. Dunlap was initially charged with inflicting corporal injury on a cohabitant and assault with a deadly weapon or force likely to cause great bodily injury. Her charge had an enhancement because the victim was older than 70 years of age.

Elder Abuse Lawyers in New Jersey and Philadelphia

If your loved one is currently being taken advantage of 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.

Medical Malpractice Attorneys: When Medical Negligence Turns Criminal

In recent days, the trial of Dr. Conrad Murray, the former personal doctor of pop star Michael Jackson, has been the topic of much attention and conversation across the country. Medical malpractice attorneys note that the case revolves around one question; did the doctor’s conduct surpass mere medical negligence?

Generally, when a doctor commits an act of negligence, lawyers will file a lawsuit as a civil case. In civil cases, plaintiffs seek to be compensated for a wrong committed by a doctor, but there is no risk of facing jail time. In cases of egregious medical errors, district attorneys have the authority to file criminal charges against the healthcare provider.

What is the Standard of Care

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The standard of care can be understood as the requirement that a doctor act responsibly and cautiously in order to avoid any harm to their patients. Across this country, states have different statutes and codes which define what constitutes medical malpractice. In order for a doctor to be charged in a criminal case, as opposed to the more common civil malpractice cases, he or she must grossly breach their standard of care. In order to achieve a conviction, prosecutors must prove criminal negligence or provide evidence that the doctor put himself in to a position that other doctors would have avoided. Julie Cantor, an attorney with a medical degree and a professor at UCLA School of Law, described the realm of criminal charges following medical malpractice as “a gross incompetence or indifference to a patient’s well being.”

Medical Malpractice Attorneys in New Jersey and Philadelphia

Nursing Home Abuse Lawyers:Columbus Manor received 11 Health Citations

There are many codes and requirements that nursing homes need to meet in order to keep their license to operate. They are monitored by the local department of health in order to regulate the facilities and make sure they are keeping the safety and health of their residents their first priority. As nursing home abuse lawyers , we want to remind you when looking for a facility for yourself or a loved one to research past citations.
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Columbus Manor Residential Care Home has been cited by the Department of Healthcare and Family Services for not complying with 11 federal requirements that nursing homes must obey in order to participate in the Medicare program. Based on inspection surveys in April, July and August, violations were found that involved resident rights, quality of life issues and the physical environment of the facility. In July they found a pool of standing water in the boiler room and laundry room with an extension cord plugged into an outlet and an electric fan going through the puddle. They also found ten pounds of non-dated chicken, ground beef and other food. In August the facility was cited for failing to supervise a resident, who was a registered sex offender with history of sexual aggression, after he left the home without permission and was hit by a car. The resident was admitted to the hospital for a knee fracture. The facility then failed to create a care plan to prevent an incident like this from happening again.

Facility Fixes Problems and Avoids Serious Punishments

Columbus Manor would have been removed from the federal Medicaid program if the health citations were not rectified by October. But after the August survey, the nursing home submitted their plan for how the violations will be corrected and the health department confirmed that the improvements were made and waived the 11 citations. According to Melaney Arnold, a spokeswoman for the Illinois Department of Public Health, it is not uncommon that deficiencies are waived once the facility has corrected the problems. She said “Sometimes it’s just trying to train the staff of a new policy written – some of those things are easily correctable.” But according to Elce Redmond, an organizer for the South Austin Community Coalition, Columbus Manor has had “massive problems” for the past few years and “it’s a shame residents live the way they do.” It is a shame that it takes the government stepping in and threatening these facilities for them to actually fix such obvious problems.

Nursing Home Abuse Lawyers in New Jersey and Philadelphia

If you have witnessed any questionable conditions or abusive behavior in a nursing home, directed towards your loved one or even another resident, 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: Negligence Kills Wife and Mother

After nearly four years of litigation and appeals, a family is finally able to present their medical malpractice case in front of a jury at trial. Jury selection took place on October 3rd and the family of the late Dorothy Broussard is seeking a number of damages including pecuniary loss, medical services, physical pain and suffering, mental pain and anguish, disfigurement, physical impairment, loss of consortium and loss of enjoyment of life. The medical malpractice attorneys on the case claim that a breathing tube connected to Mrs. Broussard was inadvertently removed which led to a lack of oxygen.

Could the Healthcare Provider Have Done More?

Preston Broussard, on behalf of his late wife, filed the lawsuit against Dubuis Hospital and Dr. Sreedhar Polavarapu. The medical malpractice attorneys stated in the lawsuit that the “defendants’ failure to safely monitor and restrain Dorothy Broussard led to the deprivation of oxygen that caused Mrs. Broussard’s untimely demise.” Obviously the lack of oxygen over a sustained period of time had an adverse effect but no one on the staff recognized the problem in time. The medical lawyers found that the saddest part of this story was how the family discovered the woman. The lawsuit stated,

“Plaintiff Cody Broussard, the 10 year old son of Mrs. Broussard, ran ahead of his father into his mother’s hospital room. Cody Broussard was the first person to find the oxygen tube hanging on the side of the mother’s hospital bed, and found his mother gagging for air.”

The woman later fell into a coma and lost her life on July 12, 2005.

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.

Nursing Home Abuse Lawyers: CFO Steals $52,000 from Facility

Putting a loved one in a nursing home or long term care facility is a very hard decision to make. You are giving up control and trusting the staff and administrators to look after the best interest of someone you care so much about. As nursing home abuse lawyers, we see some heinous acts of abuse and neglect. Where most physical abuse is the result of frustrated and overworked nurses and direct care workers, we are finding that administrators and other officials are abusing their power to gain financially from the home. They are taking facility funds away from the elderly and disabled residents and putting them into their pockets.

Nursing Home Official Received Fraudulent Expense Reimbursements

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Perry Vandeventer, 64, is the former chief financial officer for Shepherd of the Valley nursing home who is being charged with two felony counts of larceny and obtaining property by false pretenses for stealing almost $52,000 from the facility between March of 2008 and January of 2011. He acquired fraudulent expense reimbursements totaling $23,719.66, allegedly receiving the money by submitting fake receipts for contractors who never did any work, obtaining cash advances for travel of trips he didn’t take, education expenses and obtaining money for purposes unrelated to the facility. He also used two of the home’s credit cards to purchase personal items including a computer, books, personal cell phone, meals, vehicle repairs and fuel totaling $28,080.05. He is facing more than ten years in prison if convicted of these charges.

Nursing Home Abuse Lawyers in New Jersey and Philadelphia

If you have witnessed any questionable or abusive behavior in a nursing home facility directed towards your loved one or even another resident 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.

Medical Malpractice Attorneys Continue Discussion About Tort Reform

Patients and doctors have a special relationship and there is a certain element of trust. Patients trust their doctors to perform the proper tests and procedures in order to provide adequate and reasonable healthcare. Many people believe that tort reform is necessary to lower the potential healthcare costs, but medical malpractice attorneys fear that reducing the amount of compensation due to plaintiffs in some cases may be putting too much trust in these doctors. Sure, healthcare costs are exceedingly high in this country. However, by reducing medical malpractice awards through a cap system, people may be forgetting that there is a human element to practicing medicine and serious malpractice victims deserve to be compensated.

Malpractice and Healthcare Costs

new jersey philadelphia medical malpractice attorneys discuss tort reform First, many argue that since insurance companies charge very high premiums for doctors to gain liability insurance, doctors charge their patients more money. Secondly, a doctor’s fear this his or her patients may sue causes them to act in different ways. Many physicians claim that their fear of a lawsuit causes them to order additional tests and procedures (a practice that has since been penned “Defensive Medicine“) just to protect against charges of negligence.

Since doctors pay more money for insurance to guard against lawsuits and order many additional tests, they claim that all costs will be lowered if medical malpractice payouts are reduced. This is a good theory on paper but may not be ideal in practice. Limiting damages in some cases may not be a major deal but, in other cases, medical malpractice attorneys argue that the malpractice has such a traumatic result on the victim that their compensation should not be reduced. In this country, we pride ourselves on having juries of our peers determine what an adequate result is at trial. Do we really want to tell the person who was left blind, brain dead, paralyzed, or permanently disfigured that they can only collect a certain amount of money because of a malpractice cap?