Medical Malpractice Attorneys Reveal Truth About Tort Reform Supporters

Reform of the medical malpractice tort system is probably something you’ve heard a great deal about recently. It seems that there are people who believe that the way in which injured victims of medical malpractice and negligence are compensated in this country is sufficiently flawed. These supporters propose caps on damages and harder restrictions on what constitutes medical malpractice. So it’s no surprise that these supporters include medical providers of all sorts, insurance companies, and pharmaceutical giants.

House Bill to Reform Medical Malpractice Litigation

new jersey philadelphia medical malpractice attorneys truth about tort reformTwo nights before President Obama’s State of the Union Address, Republican Phil Gingrey introduced a bill to the House that would severely limit the amount of compensation that victims of medical malpractice could receive. What’s a bit more interesting is who Phil Gingrey was before he sponsored a tort reform bill.

For 30 years before he was elected to congress, Gingrey was an obstetrician; an obstetrician who was involved in his fair share of malpractice lawsuits. And one of those suits settled for $500,000.

His patient, a young pregnant woman, had acute appendicitis that went undiagnosed, and therefore, untreated. The appendix burst and an infection spread throughout her body that killed her fetus and caused a severe stroke.

Medical Malpractice Lawyers in New Jersey and Philadelphia

It’s no wonder Phil Gingrey introduced a bill that would make it easier for negligent doctors to continue practicing negligent medicine; he used to be one of them.

Taking away the rights of injured patients is not the way to repair our health care system. Perhaps another route would be to fix the actual problem: the alarming frequency of injuries and death brought on by medical malpractice.

If you or a loved one have suffered medical malpractice at the hands of a negligent medical provider, 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 Caps in California Prevent Parents from Receiving Answers

Mr. and Mrs. Cull lost their daughter to medical malpractice during a routine surgery and spent the last two years trying to find out why, still unsure if they actually know what happened in the operating room that fateful day.

Olivia Cull Dies After Routine Procedure

new jersey philadelphia medical malpractice attorneys olivia cull surgery california Olivia Cull underwent surgery as a baby that left one side of her heart smaller than the other. She lived her life this way, until she was a senior in high school. Doctors wanted to install a catheter in her heart to prep for the final surgery that would correct the small side of her heart. She was nervous, but her mother reassured her that the catheterization procedure would only take a few hours, and that she had done it many times before. Doctors told the Culls Olivia would be home before dinner.

A few hours later, a cardiologist entered the waiting room with bad news. An error that occurred in the cathederization lab caused Olivia do be deprived of oxygen for 40 seconds. Mrs. Cull assured herself that everything would be fine. After all, kids can hold their breath for that long in the pool. Mrs. Cull entered the room where Olivia lay on the table. In her mouth was a breathing tube. She also noticed a pool of blood on the floor.

Eight days later, they had Olivia removed from the ventilator. Her heart went on beating for three days. An internal breathing tube was removed on the third day, and Olivia died. An autopsy revealed that she suffered from brain damage that occured after a heart attack the hospital attributed to Olivia’s heart defect, but that didn’t seem right. The Culls wanted answers. They reviewed the hospital’s medical records, after jumping through hoops to get them, but determined that the only way to truly discover what happened to their daughter was to sue.

Lawyers Don’t Want the Case

The Culls searched for attorneys to take the case, but had a terrible time finding one. Medical malpractice caps in California made it extremely difficult for lawyers to see merit in their claim. They finally found an attorney, Jin Lew, to take the case pro bono.

Lew found the medical records to be incomplete, and subpoenaed the rest of the the records. Hundreds of additional pages were sent that revealed that Olivia was treated by two unqualified individuals; a postdoctorate fellow who removed a catheder without doctor supervision, and a second fellow that was not cleared to treat patients. The Culls had never been alerted that these were the people who would be treating their daughter.

The Culls were urged to accept a settlement agreement for $250,000, since that was the amount of the liability cap for medical malpractice claims in the state. However, Mrs. Cull believes that the threat of a larger settlement would have forced the hospital to reveal what really happened that day in the cathederization lab.

Medical Malpractice Lawyers in New Jersey and Philadelphia

The Culls lost their daughter to negligence and poor judgement. You young woman had loads of potential, having been a model student who also excelled at violin and fine arts. Her death was a loss not only for her family, but for all those that knew and associated with her. Capping the liability of those that carelessly treat patients is an extremely detrimental practice for our medical system. Medical providers must be held 100% liable for their mistakes.

If you or a loved one have suffered at the hands of a negligent or careless medical provider, 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. Let the Mininno Law Office team earn you the compensation you deserve.

Medical Malpractice Lawyers Find Fault in Texas Tort Reform

In 2003, Texas government passed tort reform legislation regarding medical malpractice lawsuits within the state. The new legislation capped medical malpractice payouts at $250,000 per provider, with a maximum of $750,000 all together. It also stated that in order for emergency room physicians to be responsible for civil damages, they would have to act with “willful and wanton” negligence.
In other words, they have to purposefully and knowingly put their patients’ lives in danger.

A San Antonio medical malpractice lawyer, Jon Powell, commented on the “willful and wanton” standard, saying:

You’d have to be a Nazi death camp guard to meet this standard.

The liability caps and impossible standards are making victims of medical malpractice weary as they find that, in Texas, they simply do not have a case.

Medical Malpractice Leads to Amputation

new jersey philadelphia medical malpractice lawyers willful wanton connie spears texasConnie Spears, a 54 year-old woman with a history of blood clots, went the the emergency room at the Christus Santa Rosa Hospital in San Antonio, Texas, complaining of excrutiating leg pain. She was discharged with “bilateral leg pain” and told to follow up with her primary care physician.
Three days later, Connie’s legs were purple. An ambulance took her to another area hospital where doctors determined that a filter that had been installed in her heart years before was severely clotted, which led to tissue death in her legs, as well as kidney failure. Weeks later, Connie awoke to find that both of her legs had been amputated in order to save her life.

Now, she can’t find an attorney who will take her case, because in Texas, she doesn’t have one. Clear negligence exists, yet attorneys no longer have confidence in their judicial system due to the new standards set forth by tort reform. They also argue that this “willful and wanton” standard for medical malpractice allows for a serious decline in the standard of care provided to patients in Texas, and could allow Texas ER’s to become the most dangerous in the country.

Medical Malpractice Lawyers in New Jersey and Philadelphia

Tort Reform has significantly and severely damaged a medical malpractice victim’s chance at justice in Texas. Connie Spears will live the rest of her life without her legs due to a careless misdiagnosis, yet because of the standards Texas tort reform has put forward, she may never be able to gain the compensation she needs and is entitled to.

Medical malpractice affects many patients in the US, and victims should know that when doctors act negligently, they are liable for damages. If you or a loved one have suffered at the hands of a negligent and/or careless doctor, 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.
Let our team earn you the full and fair compensation that you need and deserve.

Medical Malpractice Caps Proposed in Florida

A legislative proposal made in Florida last week suggests a cap on payments made to patients who are insured by medicare and injured by medical malpractice. The cap would be $100,000 and has been referred to by many as “immunity” for negligent doctors.

Medical Malpractice Attorneys Protect Medicare Patients

medical malpractice attorneys new jersey philadelphia caps proposed floridaThe proposed legislation would deem doctors treating medicare patients “agents of the state,” awarding the same damage capping immunity that all Florida state employees get. But a cap that only affects the recoveries of Medicare insured patients is unconstitutional, as it makes them lesser persons, unworthy of the same compensation as those that can afford healthcare. Medical malpractice attorneys have long been against limiting liability, as it allows doctors to only answer for a portion of their negligence. And if a cap on medicare insured patients is approved, who is to say what kind of an effect that will have on the care they receive throughout the state. It certainly opens up a potential for medicare patients to begin receiving subpar care due to the limited liablity doctors will face.

Medical Malpractice Attorneys in New Jersey and Philadelphia

Medical malpractice is a real threat to anyone being treated by medical professionals. As patients, we trust our doctors and nurses to provide us with the best, most professional and safe care that they can. Unfortunately, that is not always the case, and patients pay for doctors’ mistakes. Caps on this liability will only further injure patients who have suffered from the effects of medical malpractice, be it temporarily or permanently. Those who have lost loved ones to medical malpractice, especially children who lose parents, will need full and fair compensation to continue on with their lives.

If you or a loved one have suffered due to medical malpractice, you will need the assistance of a medical malpractice attorney. 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 Philadephia.
Let the team at the Mininno Law Office earn you the compensation you need and deserve.

A Medical Malpractice Case in Ohio

Medical Malpractice in the operating room certainly led to Keith's worsened condition, but the Ohio Supreme Court decided otherwise.
Keith Theobald was a healthy and fit father of two, until an elderly driver clipped the back of his pick up truck and sent Keith and his car flying over 4 lanes of traffic and into a patch of standing trees. EMT’s quickly arrived at the crash site and found Keith hanging upside down in a tree. He was paralyzed from the chest down. In the hospital, Keith was alert and still had the use of his arms. He and his wife came to terms with his new condition, and were looking ahead to a difficult, but fulfilling life.
Keith’s doctors told him that an operation might be able to improve his condition, so Keith underwent the surgery. Keith woke up from surgery still paralyzed but now he was blind in both eyes and could no longer use his arms. Doctor’s records proved that a series of mistakes made during the surgery led to oxygen deprivation, causing Keith’s blindness and extended paralysis. Keith, now blind and completely paralyzed, needs ‘round-the-clock care for the rest of his life.

Ohio Supreme Court Ruling

The Theobalds went to Court and sought to recover damages from Keith’s doctors. Despite the overwhelming evidence of medical malpractice, The Ohio Supreme Court ruled 6-1 that the doctors were immune from any and all lawsuits – no matter what. The Court found that because there were medical students watching and helping during the operation, the doctors who performed the surgery were acting within their realm of state employment as teachers with the University of Cincinnati, and were therefore immune to medical malpractice suits.

That’s right, highly paid doctors and surgeons who agree to assist a State University in teaching med students (without compensation) are considered state employees, just like DMV folks who process our license applications, the road department workers who paint and repair our highways and state prison guards – all of whom get paid directly by the state with tax dollars.

Although these doctors were not being paid like state employees, the Court’s ruling gave them the same immunity from suits that most state workers in Ohio got. Unbeknownst to Keith, by going to these doctors, he was giving up his personal rights to a jury trial in the Court of Common Pleas. The Theobalds were told they had to take the case to the Court of Claims, meaning:

• No jury presence
• State appointed judges that issue rulings for and against the state
• Award cap of $250,000, regardless of severity of damages
• Taxpayers will foot the bill, not the Doctors insurance companies

In the 6-1 decision, called The Theobald Ruling, the dissenting justice argued (unsuccessfully) that the immunity was meant for mistakes that students made, not mistakes that teaching surgeons made. He also argued that patients should be alerted when procedures are to be performed by “state employed” physicians, and that they are indeed surrendering their right to go to Court should something go wrong. The ruling stated otherwise.

In a heartbreaking ending, The Theobalds never saw their day in court. After a lengthy ordeal with the Court of Common Pleas, the Theobalds finally filed suit in the Court of Claims, only to be denied again because the statute of limitations had run out on their claim. Keith and his wife Jacqueline received no compensation for injuries sustained due to medical malpractice, and must now face his injuries with no monetary help from here on out. Is this justice?

If You Believe You are a Victim of Medical Malpractice, You Must Act Quickly!

New Jersey and Philadelphia medical malpractice attorneys will continue to fight for victims of medical malpractice. If you or a loved one have been affected by medical malpractice, you need to act soon. Don’t let a statute of limitations be the reason you do not receive due compensation.Contact us to fill out a free case evaluation form or call us for a free consultation at (856) 833-0600 in New Jersey, or (215) 567-2380 in Philadelphia.