Be Aware: What Are the Signs of Nursing Home Negligence?

As nursing home abuse lawyers, it is important that we educate people about what is considered nursing home abuse. We have discussed forms of physical abuse and the signs that a nursing home patient may be a victim of such abuse. However, nursing home patient abuse can take many forms. Negligence is a very common detriment to care quality in nursing homes, and definately a form of nursing home abuse.

Nursing Home Negligence IS Nursing Home Abuse

Neglect is defined as:

–verb (used with object)
1. to pay no attention or too little attention to; disregard or slight
2. to be remiss in the care or treatment of
3. to omit, through indifference or carelessness
4. to fail to carry out or perform (orders, duties, etc

The above definitions accurately describe the kind of negligence that we are talking about; negligence that results in illness, injuries, bedsores, malnutrition, dehydration, isolation, fear, and an all around poor quality of life. Certain standards must be met regarding nutrition, hydration, medication, shelter, hygiene, personal safety, and comfort. When nursing home staff members do not fulfill these obligations to their residents, they are indeed committing a form of nursing home abuse.

Signs of Negligent Care

new jersey philadelphia nursing home abuse lawyers aware signs negligenceAs a family member of a nursing home resident, it is important to be aware of the signs and symptoms of nursing home neglect and abuse. Keep a close watch not only on your loved one, but on the facility in it’s entirety, for the following signs of neglect:

  • Unsanitary or hazardous conditions that go without repair (i.e. bed bug or flea infestations, lack of heat, broken railings, doors, or equipment)
  • Bed sores
  • Soiled bedding that is not immediately changed
  • Signs of Malnutrition – anemia, unexplained weight loss, dry scaly skin, confusion or irritability
  • Slow reaction time from nursing staff
  • Little to no interaction between resident and staff
  • Constant sedation

As always, it is imperative to listen to your loved one’s comments and complaints, and follow up with a proper investigation. Neglect can do serious harm to a person already suffering from a debilitating condition.

Nursing Home Abuse Lawyers in New Jersey and Philadelphia

If your loved one is a resident at a nursing home or long-term care facility and you believe they may be victims of abuse or neglect, 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. The nursing home abuse lawyers at the Mininno Law Office are dedicated to the fight against nursing home abuse, and to earning victimized patients and families their due compensation.

Medical Malpractice Takes Life of 37 Year Old Man

Medical malpractice attorneys won a 1.2 million dollar verdict for 3 children who lost their father to medical malpractice.

Narcotic Overdose in ER

new jersey philadelphia medical malpractice lawyers duragesic patch chad adersChad Aders, 37, was prescribed a Duragesic patch in the ER by Dr. Bryan Lilly in July of 2004. The patch contains a very potent narcotic called Fentanyl that enters the bloodstream through the skin. Dr. Lilly prescribed 75 micrograms of the drug which is well over the manufacturer’s reccomendations. Aders took the prescription to the drug store, got it filled, applied the patch as he was told, and went to bed. He was found dead in his bed the following day. His children were seven, eight, and seventeen.

Lilly’s trial lasted four days, and the jury spend 58 minutes deliberating before they returned a $1,206,394.72 verdict.

Medical Malpractice Lawyers in New Jersey and Philadelphia

Dr. Lilly’s mistake cost a man his life, and three young children their father. Narcotics are a very dangerous category of drugs and the fact that Dr. Lilly wasn’t more aware of the possible effects of such a high dosage is appalling. Had he acted with more attentively, perhaps this horrible tragedy never would have taken place.

So often in the ER, physicians are rushing and make wrong decisions in haste. Emergency rooms can be crowded and chaotic, but a doctor must be able to ignore the chaos and treat patients adequately. Too often, simple errors take lives.

If you or a loved one have suffered at the hands of a negligent medical provider, 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 Philadephia. The medical malpractice lawyers at the Mininno Law Office are dedicated to earning full and fair compensation for those seriously injured or affected by medical negligence. Even if you are unsure as to whether or not you have a case, contact an attorney at our office. We can help you break down the facts of your case to decide if further actions should be taken.

DePuy Recall Attorney Response to Latest Comment From Reader

As New Jersey and Philadelphia DePuy hip recall attorneys, we recently posted a blog that defended orthopaedic surgeons who had utilized the DePuy hip implant on their patients. Although this post did not totally exonerate orthopaedic surgeons from the DePuy hip recall mess, it did urge patients to give their surgeons the benefit of the doubt. This post drew a very pointed comment by Mr. Juergen Schaberick, who stated-

“As a victim of the DePuy Pinnacle metal-on-metal [hip implant] I like to ask if you would still trust your surgeon when his name pops up on the official DePuy website when searching for a surgeon in your area.”

Not ALL Surgeons Accepted Kick Backs

new jersey philadelphia depuy hip recall lawyers defend orthopaedic surgeonsWe thank Mr. Schaberick for his comment on DePuy and Johnson & Johnson, and we do not completely disagree. However, our own research has shown that not all doctors who show up on the DePuy website have accepted honorarium or other monetary benefits to select the DePuy hip implant for their patients. However, as was pointed out by Mr. Schaberick, many of the orthopaedic surgeons did in fact receive significant monies and benefits from DePuy and Johnson & Johnson in return for selecting the ASR XL Acetabular complete or resurfacing implant systems. Mr. Schaberick is also correct that DePuy and Johnson & Johnson paid millions of dollars over the last several years because of violations of federal anti-kick-back laws.

Most DePuy hip recall lawyers agree that these facts should give patients a good reason to be careful when choosing an orthopaedic surgeon. These facts should also give patients a strong incentive to seek a second, independent medical examination. Although there are a few orthopaedic surgeons who certainly should never be trusted when it comes to DePuy hip implants, we still believe that the majority of orthopaedic surgeons who prescribed the DePuy hip implant for their patients did so because they were fooled by Johnson & Johnson and DePuy’s slick marketing campaign.

DePuy Hip Recall Lawyers in New Jersey and Philadelphia

Regardless of your orthopaedist’s reasons for using any of the DePuy hip implants, if you are a DePuy hip recall patient, you are in a very tough situation and have some tough choices. That’s why all DePuy hip recall lawyers are encouraging patients to contact an attorney to learn of all available options when it comes to seeking compensation. Thank you again Mr. Schaberick for your comments. We look forward to future comments from you.

If you or a loved one have suffered the effects of a defective DePuy hip replacement, 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. Don’t be fooled by DePuy claims adjusters. Let the lawyers at the Mininno Law Office earn you full and fair compensation.

House Introduces Malpractice Reform Bill

On Monday, Republicans introduced medical malpractice reform legislation into the House that, if passed, would greatly limit the rights of patients who have suffered injuries at the hands of negligent medical providers. The bill, sponsored by Republican Phil Gingrey (R-GA), an OB/GYN, Republican David Scott (D-GA), and Judiciary Committee Chairman, Republican Lamar Smith (R-TX), aims to place extensive limits on how and when victims of medical negligence can file claims. It also aims to apply one-size-fits-all caps on recoveries.

The HEALTH Act

new jersey medical malpractice lawyers republican phil gingrey
Republican Phil Gingrey (R-GA)
The bill was introduced as the Help-Efficient, Lowcost, Accessible, Timely Health Care Act, or HEALTH Act. Supporters of the proposed legislation claim that reform of the medical liability system is necessary to lower healthcare costs. But the Congressional Budget Office has estimated that such reform could only save, at most, .5% of all healthcare costs. Furthermore, the bill does nothing to support an American people that loses up to 100,000 lives a year to medical negligence. With caps on liability, the bill serves as a government hand-out to physicians, insurance companies, nursing homes, and even pharmaceutical companies, that act with negligence and greed, and harm patients and consumers.

Limiting liability and removing many patients’ rights to a jury trial will only further the country’s current medical negligence problem that continues to worsen. What motivation is there to provide better care when accountability lessens? If healthcare reform is the question, sacrificing patients’ rights is not the answer.

Medical Malpractice Lawyers in New Jersey and Philadelphia

Medical malpractice lawyers everywhere are fighting the passage of medical liability reform legislation. Patients are injured everyday due to the practice of negligent and careless medicine, and many need compensation to carry out the rest of their lives.

If you or a loved one have suffered at the hands of a negligent medical provider, 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.

Let our team fight for your rights to full and fair compensation.

Clear Signs of Nursing Home Abuse

As nursing home abuse lawyers, we have previously posted educational tips about the prevention and treatment of bed sores. Today we wanted to inform readers of some additional forms of nursing home abuse that often occur. Just as with bed sore prevention, there are signs that can be observed that indicate nursing home abuse.

Physical Abuse in Nursing Homes

One type of nursing home abuse that has outward signs is physical abuse. Physical abuse is occuring if bodily injury or pain results from the excessive application of physical force. The abuse can be, but is not limited to: hitting, pushing, shoving, pinching, burning, or even beating. Inappropriate use of restraints is another form of physical abuse. In fact, the use of restraints over long periods of time is not only physically abusive, but can also lead to the development of bed sores and pressure ulcers. The over use of medications, usually sedatives, and force feeding can also be considered physical abuse.

Nursing Home Abuse Red Flags

new jersey philadelphia nursing home abuse lawyers list sings abuseIt is important that nursing home staff be fully trained in how to deal with the special needs of nursing home patients so that physical abuse does not occur. It is also important that a patient’s family be aware of the signs of abuse. Some of the more obvious signs are bruising, cuts, unexplained marks, broken bones, and a variety of injuries in various stages of healing. It is also important to listen to the patient. A resident’s report of violent behavior, such as being hit or mistreated, must be investigated. Sometimes, a nursing home patient’s sudden change in behavior can be a sign of nursing home abuse or neglect and should absolutely be investigated. Any drastic changes with no explanation must be looked into.

Sometimes, nursing home staff will actually try to hide signs of abuse by refusing access to the patient by visitors. This can cause residents to not only suffer from isolation, but also become fearful of discussing the abuse or neglect with a family member or supervisor. Any refusal by nursing home staff to allow visitor access should raise immediate red flags that are probed with the utmost scrutiny. As in all cases of nursing home abuse, the sooner it is discovered, the sooner the treatment and prevention of further abuse can take place. It is imperative to watch for the signs of physical abuse, especially in those nursing home patients that are unable to protect themselves.

Nursing Home Abuse Lawyers in NJ and PA

If your loved one is a resident at a nursing home or long term care facility, and you believe they are receiving inadequate and negligent care, 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.

Let the team at the Mininno Law Office work to earn you the full and fair compensation you need and deserve.

President Obama Mentions Tort Reform in his State of the Union Address

Last night, in his State of the Union Address, President Obama tenderly glossed over a subject that has been a source for much debate over the last few years; medical malpractice reform. The President stated that he was:

“willing to look at other ideas to bring down [health care] costs, including one that Republicans suggested last year: medical malpractice reform to rein in frivolous lawsuits.”

Tort Reform Hurts Consumers

new jersey philadelphia medical malpractice lawyers president obama tort reformAs medical malpractice lawyers, we find that those who accuse medical malpractice claims of being frivolous do not understand the extent of the damage done to people’s lives when negligent doctors make irreversible mistakes. Tort reform would only serve to harm those who are already victims of their health system, and reduce liability for those companies that, by merit of their missions, should be working for their consumers, not against them.

Medical providers and manufacturers have great responsibilities to those that lend them their trust. Patients put their lives in the hands of doctors and surgeons. Consumers put their lives in the hands of manufacturers. Limiting the liability that these figures would be responsible for would only assist in diminishing the importance of those responsibilities. Many states in the US have already begun putting in place their own tort reform legislation; reform that includes caps on damages. For a family of five in Texas with a working mother that died due to a cancer misdiagnosis, a medical malpractice lawsuit could reap no more than $250,000. This amount of money would hardly cover medical bills, let alone take care of the remaining family members in the absence of their mother’s income.

Allegations that the tort system costs the health care industry billions of dollars a year are constantly debunked. Health Affairs, the leading journal of health policies and research, estimated that less than 2.5% of all healthcare costs can be attributed to medical malpractice litigation. And while tort reformists argue about “frivolous lawsuits,” they never seem to mention the “frivolous defenses.” Medical providers who have made irrevocable mistakes, instead of taking responsibility and compensating accordingly, mount “frivolous defenses,” paying high priced lawyers and medical “experts” to argue that the medicine they practiced was on par with the standard of care.

While most doctors strive to heal, there are those that strive only to gain money and power. These doctors will cut corners and practice negligent medicine, and it’s these doctors that must be held liable. How can we protect patients and consumers when we are restricting punishment and restitution for their harms?

Medical Malpractice Lawyers in New Jersey and Philadelphia

So often, the media taints it’s picture of medical malpractice attorneys and their fight against medical negligence. It is a widespread belief that these “ambulance chasers” want nothing more than money, and they’ll get it any way they can. This couldn’t be further from the truth. Medical malpractice attorneys work on a contingency basis, meaning they work for free unless they win. And they work on the side of justice, hoping to earn compensation for those who have been seriously injured and affected by negligence.

If you or a loved one have suffered due to medical malpractice, 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 work to earn you the compensation you need and deserve.

Bedsore Prevention Tip #13: Educational Programs

As nursing home abuse attorneys, we have found that one of the most effective ways to prevent nursing home abuse and neglect is to be properly educated in the needs and care of your loved one. Each and every nursing home patient has unique needs which calls for the implementation of unique care plans. Nursing home patients that are susceptible to bed sores and pressure ulcers are in particular need of staff awareness and education. As we always state, “Prevention is always the best medicine when it comes to preventing nursing home abuse and neglect, such as bed sores and pressure ulcers.”

Tip #13: The Importance of Educational Programs for Staff and Families

new jersey philadelphia nursing home abuse attorneys educational programs prevent bedsoresOne way to prevent bed sores from forming is to have a staff that is properly educated. Educational programs about bed sore and pressure ulcer prevention should be made mandatory for all levels of health care providers. They should also be made available for patient families so that they can make sure nursing home staff members are giving their loved ones the care they need and deserve. Patients who have the appropriate mental capacity should also be given instructions so that they can be advocates for their own proper care.

The important information that we have posted on previously, such as proper nutrition, hydration, and the need for repositioning, should be taught, along with particularized patient needs. Many of the nursing home patients’ particular needs in terms of bed sore prevention can be discovered by a proper risk assessment. This risk assessment can then be used as a tool for re-evaluation on a periodic basis to ensure that the nursing home patient is not being neglected, and that all of their needs to prevent the contraction of bed sores and pressure ulcers are met. This proper staff and caregiver education can make the difference in whether a bed sore does or does not occur!

Nursing Home Abuse Lawyers in New Jersey and Philadelphia

Your loved ones deserve, just as anyone else does, proper care when placed in a nursing home or long term care facility. Families like yours pay top dollar for a medical staff to effectively and safely treat the family members that they can no longer care for themselves. It is unacceptable for a nursing home to allow it’s residents to suffer from bed sores or other dangerous conditions.

If your loved one is receiving sub-standard, negligent, or abusive care at a nursing home, 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 Philadlephia.

The team at the Mininno Law Office will work hard to earn you the compensation you need and deserve.

DePuy Hip Recall Lawyers Defend Orthopaedic Surgeons

As New Jersey and Philadelphia DePuy hip recall lawyers, we are frequently asked whether or not DePuy hip recall patients can trust their orthopaedic surgeons to give them honest, fair, and impartial advice regarding the recall. After all, this orthopaedic surgeon was the one who initially recommended the patient receive the DePuy product in the first place. However, while a small percentage of orthopaedic surgeons may have initially been offered financial incentives by DePuy and Johnson & Johnson to utilize the implant that has since been recalled, many surgeons likely chose the implant based on DePuy’s marketing of the benefits of its product. Also, while some orthopaedic surgeons may have accepted honorarium or speaking engagements money from the Johnson & Johnson subsidiary in the past, now that the implant has been recalled, it is unlikely that any orthopaedic surgeon would jeopardize his or her career by accepting further monetary compensation to promote a recalled product.

Seek a Second Opinion

new jersey philadelphia depuy hip recall lawyers defend orthopaedic surgeonsAs New Jersey and Philadelphia DePuy hip recall lawyers, we are telling our clients that they should give their own orthopaedic surgeon the benefit of the doubt and listen to what the surgeon has to say about their options. Of course, we are also recommending that all patients get a second, independent medical opinion from another orthopaedic surgeon regarding the nature and extent of their current condition, whether or not they have osteolysis, and whether the patient should obtain blood tests to determine the presence of metallic debris. This second opinion should also cover what type of implant will be utilized during the second surgery.

While all DePuy replacement recipients should follow their orthopaedic surgeon’s medical advice, most DePuy hip recall lawyers are recommending that any doctor that insists on using a DePuy implant be looked upon with skepticism. The bottom line: final choice of which hip implant (and which orthopaedic surgeon) always belongs to the patient.

DePuy Hip Recall Lawyers in New Jersey and Philadelphia

If you are the recipient of a defective DePuy hip implant, 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. The defective product attorneys at the Mininno Law Office are prepared to earn you the full and fair compensation that you need and deserve. Don’t be fooled by DePuy insurance claims adjusters who claim to be on your side. Seek out an attorney to fight for your rights.

Nursing Home Abuse Lawyers With Twelfth Tip for Bedsore Prevention

As indicated in some of our previous nursing home abuse posts, the prevention and treatment of bed sores can begin with some very simple steps. This is particularly important for the nursing home patient that may have decreased mental awareness for a variety of reasons. Often, these patients are the ones that become victims of nursing home abuse and neglect. Daily plans and charts are particularly useful when dealing with nursing home patients who have a decreased mental awareness.

Tip # 12 to Prevent Nursing Home Abuse

new jersey philadelphia nursing home abuse attorneys patients decreased mental awareness It is particularly important for loved ones to carefully monitor the staffing of nursing home patients with decreased mental awareness. These patients can be particularly vulnerable to bed sores and pressure ulcers. These nursing home patients have a unique set of circumstances that must be taken into account by caregivers at a long term care facility. A patient with a decreased mental awareness may not have the appropriate level of sensory perception to be aware of the beginning of a pressure ulcer or bed sore. Also, these patients, even if aware, are not always able to verbalize what they are feeling, or take the necessary steps to prevent the bed sores from occurring.

Sometimes, these decreased mental abilities are due to illness or age, but they can also arise from certain medication or medication combinations. It is very important for the nursing home staff to be aware of any and all effects on the often helpless residents that live there. It is their duty to look out for patients’ needs. Without active vigilance, nursing home abuse and neglect will occur. Families should discuss their loved one’s medications and side effects. They should look for signs of decreased mental abilities from illness or medications. It is important to realize that these nursing home patients need extra care to ensure they do not acquire these painful and sometimes deadly bed sores and pressure ulcers.

Nursing Home Abuse Lawyers in New Jersey and Philadelphia

If your loved one is a resident at a nursing home or long term care facility, and you’re worried that they are in danger due to inadequate, negligent, or even abusive care, contact the Mininno Law Office for a free case evaluation. The nursing home abuse lawyers at the Mininno Law Office are skilled in earning compensation for those who have been wronged by medical providers in nursing homes. You may also call for a free consultation at (856) 833-0600 in New Jersey, or (215) 567-2380 in Philadelphia.

Medical Malpractice Suit Settles for $2.5 Million in Boston

Four year old Rebecca Riley died in 2007 from an overdose of psychiatric drugs prescribed by her psychiatrist. Her parents are in jail for her murder. The medical malpractice claim her estate filed settled for $2.5 million, and the money will be dispursed among her siblings. What happened to young Rebecca Riley?

ADHD and Bi-Polar Disorder in a Four Year Old?

Rebecca Riley was seeing Dr. Kayoko Kifuji of Tufts Medical Center in Boston, Massachusetts to be treated for Attention Defecit Hyperactivity Disorder, as well as Bi-Polar Disorder, at age four. Her siblings, 11 and 6, were being seen by the same doctor and being treated for the same diseases. While ADHD is a common diagnosis in rambunxious children, Bi-Polar Disorder is uncommonly diagnosed before the age of 25. A red flag should have gone up immediately when 3 children in the same family under the age of 15 were being treated with serious mood altering drugs for illnesses they very well may not have had.

new jersey philadelphia medical malpractice lawyers dr. kifuji negligence boston During litigation, Dr. Kifuji testified (in return for immunity from prosecution) that she had been fooled by the children’s parents, Carolyn and Michael Riley, who lied about symptoms and mental conditions in order to collect federal disability checks for their offsprings’ alleged behavioral and mental disorders. Many questioned why, after indications that the Rileys could be harming their children, Dr. Kifuji didn’t do more to protect the youngsters.

Carolyn and Michael Riley were tried and convicted last year in seperate trials for murdering their daughter by way off reckless dispensing of prescription drugs.

Tufts Settles for $2.5 Million

Lawyers for Rebecca’s estate decided to settle for Kifuji’s insurance company’s max of $2.5 million to spare the surviving Riley children the drawn out and painful process of a trial. The money will be split up amongst the two children, who have lost their sister, and whose parents are now in jail. Part of the settlement also required Tufts to set up educational and outreach programs for families with children suffering from mental illnesses.

Medical Malpractice Lawyers in New Jersey and Philadelphia

It’s hard to say who was more negligent regarding the death of young Rebecca Riley. While her parents certainly acted with extreme depravity, Dr. Kufuji, equipped with years of medical education and training, should have been able to spot lies and correctly diagnose the Riley children. Had she acted more pro-actively, perhaps this horrible tragedy never would have taken place.

If you or a loved one have been affected by the actions of a negligent doctor or medical provider, 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. Don’t let careless medicine go unpunished.

The Mininno Law Office team can earn you the compensation you need and deserve.