compensation Archives - Page 8 of 20 - New Jersey Medical Malpractice Lawyers

Medical Malpractice Attorneys: How The Litigation Process Works

Following an injury due to medical negligence, patients and families frequently seek legal representation in order to set forth a claim in court. Plaintiffs can be a wide range of individuals including the patient, a party acting on behalf of the patient, or even the executor of a deceased patient’s estate. Once medical malpractice attorneys begin representation, the lawsuit is filed within the appropriate jurisdiction and the legal process is underway. Although it may seem like a long and confusing endeavor, the startling frequency of incidents of medical negligence make filing a lawsuit one of the only ways to seek justice and compensation today.

Elements of a Medical Malpractice Case

new jersey philadelphia medical malpractice attorneys explain how litigation process works Since the plaintiff is the party bringing the lawsuit, the patient, and his or her medical malpractice attorneys, bear the burden of proving all of the necessary elements of the case by a preponderance of evidence (also known as the “more likely than not” standard). There are four key elements involved in a medical malpractice lawsuit.

First, it is necessary to prove that a legal duty was owed by the healthcare provider to the patient.
Secondly, it must be proven that the healthcare provider breached the duty of care that they were supposed to fulfill.
Thirdly, the patient must show that because of the breach, they sustained an injury.
Finally, even if a patient is able to show that their healthcare provider acted negligently, this is not enough. We need to show damages to ensure that there is a basis for the claim.

Settlement or Trial?

A large majority of cases are settled without ever reaching the inside of a courtroom. If both sides are able to reach a fair and reasonable agreement, lawyers will try to settle the claim. Without an agreement, the case will proceed to trial. At trial, both parties will present evidence and expert witnesses to testify as to the standard of care that is required and whether or not the healthcare provider lived up to that standard. The finder of fact, whether it is a jury or just the judge, will then weigh all of the evidence and determine which side is more credible. Attorneys will attempt to prove their case in order to provide their client the proper compensation for the injuries that they have sustained.

Medical Malpractice Attorneys in New Jersey and Philadelphia

If you or a family member has recently been the victim of medical negligence, it is possible that you would like to speak with one of 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 Win California Man Justice

Medical malpractice attorneys and their client, a California man, came out victorious following a jury trial over the negligence of a medical center and an anesthesiologist. The California jury awarded the plaintiff $2.25 million as compensation for the brain injury that he sustained. The lawyers’ complaint alleged that the anesthesiologist let the patient go too deep under the anesthesia.

Routine Eye Procedure Leads to Significant Brain Damage

new jersey philadelphia medical malpractice attorneys win california man justice The patient went to the Mazzocco Ambulatory Surgical Center to have the lens on one of his eyes replaced with an artificial counterpart. The operation was categorized as standard and was only scheduled to last about two hours. The anesthesiologist assigned to the man reportedly had a history of walking out of the operating room while patients were under the effects of the potent drug. In the case that lead to the lawsuit, the patient was led into a deeper level of sedation than necessary.

The plaintiff’s medical malpractice attorneys urged that the physician had either left the room or had left the patient unattended. The stopped breathing and, in the absence of a physician, did not receive immediate and necessary attention. Since oxygen was cut off to the brain, the man suffered an anoxic brain injury, which is commonly known as cerebral hypoxia. This type of injury is extremely serious and lawyers claim that it could be life threatening and cause permanent cognitive damage to patients, potentially leaving them disabled.

Prior to trial, the anesthesiologist settled with the plaintiff. At trial, the plaintiff was further awarded upwards of two million dollars for his traumatic situation.

Medical Malpractice Attorneys in New Jersey and Philadelphia

If you or a family member have recently been victimized medical negligence, you shouldn’t waste any time in contacting a medical malpractice attorney. 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.

Birth Defects Attorneys Discuss Cleft Lip Dental Options

Unfortunately, when a child is afflicted with a birth defect like a cleft palate or cleft lip, there are other physical manifestations of the birth defect that must be dealt with. One of the major physical issues confronting children with cleft lip/palates is that they may need serious dental attention. The cleft usually occurs between the cuspid (eye tooth) and the lateral incisor. Possible dental issues include: a missing lateral incisor, two lateral incisors on both sides of the cleft, poorly formed teeth (with misshapen crowns and/or roots), and displaced teeth. We want you to be informed about the potential issues related to your child’s unfortunate birth defect and be able to take the appropriate actions.

Your Child’s Dentistry Needs

new jersey philadelphia birth defects attorneys topamax cleft lip dental options Although this may seem overwhelming, children born with a cleft lip/palate can still have healthy teeth. Proper cleaning, good nutrition, and fluoride treatment is necessary. The teeth should be cleaned with a small, soft-bristled toothbrush, as soon as the teeth are visible. Early evaluation is critical, with many dentists recommending the first visit being scheduled at one year of age, or in some cases, even sooner. What dental work your child needs will be determined by the dentist, which can be as simple as preventative care, or can be extensive including dental surgery.

It may be necessary for orthodontic care to be sought, even before the child has any teeth. This is to assess facial growth and plan for the child’s short and long term dental needs. If the teeth do not fit together correctly, braces will most likely be necessary.

Birth Defects Attorneys of New Jersey and Philadelphia

Parents who have children with a cleft lip or palate are often confused about their legal rights and whether or not birth defects attorneys are necessary. In many cases, birth defects attorneys are not necessary, because the cause is usually natural. However, the FDA has recently announced that Topamax (Topiramate) has been linked to an increase in the development of cleft lips and palates. In this situation, it would be beneficial to contact the Mininno Law Office: Our experienced and caring birth defects attorneys off a free case evaluation and consultation. You may call 856-833-0600 in New Jersey, or 215-567-2380 in Philadelphia.

Medical Malpractice Attorneys Win $3 Million for Young Girl

The difference between a civil trial and a criminal trial is easy. In a civil trial, the jury must reach a majority opinion based on a “more likely than not” standard, as opposed to the criminal law requirement of a unanimous decision which is beyond a reasonable doubt. Thankfully for young Hannah Tilton, a ten year old girl who is severely disabled, the civil jury system worked out. In a six to three decision, a jury found that midwife, Irene Meyers, had breached the standard of care when she oversaw Hannah’s birth which led to dramatic injuries. Medical malpractice attorneys say that following a nine day trial, spanning three weeks, the jury got this case right after about six hours of deliberation.

Money Damages Help but They Certainly Aren’t Enough

Young Hannah Tilton was awarded $2.3 million for medical and health care expenses that she will incur in the future, $345,000 for medical expenses that she and her family have already paid, and $500,000 for the girl’s permanent impairment and loss of enjoyment. The young girl was born with severe mental retardation which has left her confined to a wheelchair. Furthermore, she must use a feeding tube for sustenance and maybe worst of all, she is blind and can’t speak or verbally communicate. Hannah was diagnosed with Kabuki Syndrome but her medical malpractice attorneys urged that she must have suffered a serious injury during birth due to a lack of oxygen. In a tight vote, the jury decided that Meyers failed to follow the standard of care when she was charged with overseeing the delivery and her negligence caused these significant injuries. Medical malpractice attorneys believe that this is a major victory for a plaintiff who has suffered an inordinate amount in her young life.

Medical Malpractice Attorneys in New Jersey and Philadelphia

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

Birth Defects Attorneys Discuss Insurance “Gate Keeping”

As experienced birth defects attorneys, the Mininno Law Office has significant experience dealing with insurance companies. To you, it seems simple: your child has a medical issue (like a cleft palate), you have valid insurance for which you’ve paid your premium, and your child should receive medical care. As you may have unfortunately found out by now, it is not always this simple. A seemingly unwritten tool in many insurance companies’ belt is “gate keeping.” Ultimately, even if your claim has merit, the insurance company denies and delays treatment in the hopes that you become frustrated and go away. This is done in many ways, including excessive forms to fill out, waiting for confirmations, and outright denials. If you have dealt with insurance companies before, this frustration is probably no surprise.

Protecting Yourself From Gate Keeping

We’ve all heard the cliche “Knowledge is Power.” This is an absolute truth when it comes to fighting to get what you need from insurance companies.

First, you should make an effort to stay abreast with the relevant laws. This may seem difficult, as they change often, but being able to quote a law can be very helpful when talking with an insurance officer. Sometimes, representation by birth defects attorneys can be useful, but more often, a little research goes a long way.

Second, you should know your policy inside and out. Many times, the insurance representative is making an educated (and usually good natured) guess as to what the company will allow. If you know your policy, you can tell them exactly what you have paid for and what they should provide. It is inevitable to get rejected in some cases, but never accept a “No” without appealing. Carefully word your responses to indicate the medical necessity of the procedure.

Birth Defects Attorneys in New Jersey and Philadelphia?

There are many factors that influence whether you need the services of birth defects attorneys. In many cases, the cause of the birth defect is natural, and there is little birth defects attorneys can do for you. In other cases, there are external factors involved in the development of your child’s birth defect and the experienced birth defects attorneys of the Mininno Law Office can be of assistance. For example, the FDA just announced that the drug Topamax (Topiramate) has been linked to an increase in the development of cleft lip/palates.

If you believe that Topamax may have contributed to your child’s development of a cleft lip or palate 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.

Birth Defects Attorneys Provide Questions for Your Surgeon

Surgery can be a scary proposition, especially if performed on your child. However, there are certain questions that can ground your expectations of surgery, and help glean information regarding the qualifications of your surgeon. The caring and experienced birth defects attorneys of the Mininno Law Office would like to offer a list of basic questions that you can ask your surgeon in the event that you are uncertain about the procedure and have not yet made a decision to have your child undergo it. While surgery is no small matter, it is important to realize that this step is greatly beneficial for your child and his or her overall well being.

What to Ask your Surgeon Regarding Oral Cleft Repair Procedures

You may want to ask some of the following questions to get a better feel for the procedure your child will undergo, as well as the knowledge and capabilities of your surgeon.

How many cleft lip/palate corrective procedures has your surgeon performed?
What are the risks and complications associated with the procedure?
How are these complications handled?
What options are available if the surgery is unsuccessful?
What kind of results can you expect? Are there before and after photos that you can look at?

Birth Defects Attorneys in New Jersey and Philadelphia

Many people who have a child born with a cleft lip or palate are confused about the cause of the birth defect and their legal rights. Most cleft lip/palate defects are believed to be caused through genetics and environmental factors. However, the FDA has recently announced that Topamax (Topiramate) has been linked to an increase in the development of cleft lips and palates.

If you believe that your child’s cleft lip/palate may have been influenced by your use of Topamax, it is important to act now and contact the experienced birth defects attorneys of the Mininno Law Office. Contact the Mininno Law Office in New Jersey at (856) 833-0600 or in Philadelphia at (215) 567-2380 for a free consultation and case evaluation.

Birth Defects Attorneys Discuss Cleft Palate Surgery Steps

If your child was born with a cleft lip or palate, you most likely have considered the option of surgery to correct the birth defect. However, many people talk about surgery but do not know what it actually entails. The caring and experienced birth defects attorneys of the Mininno Law Office believe that knowledge of a procedure is essential to an informed decision. There are three essential steps to a cleft palate surgery;

Anesthesia,
Incision, and
Closing Incision.

Elaborating on the Three Essential Steps of Cleft Lip/Palate Surgery

First, your child is given anesthesia for his or her comfort during the surgery. There are choices between intravenous sedation and general anesthesia, and your doctor will recommend the best choice for your child.

Second, for a cleft lip surgery, the doctor attempts to close the lip, to provide a more normal function and structure. Incisions are made on the lip and the tissue is drawn together and stitched to close the cleft. The repair of a cleft palate requires repositioning of tissues and muscles to close the cleft and rebuild the roof of the mouth, which is then stitched at the midline of the roof and allows for normal feeding and speech development.

The third step, closing the incisions, is done in such a way that the scar lines up with the normal ridge of the lip. This helps prevent the scar from standing out and helps it appear completely normal.

Birth Defects Attorneys in New Jersey and Philadelphia

Parents of children born with a cleft palate birth defect are sure to have questions about their legal rights. In many situations, there is little that can be done because the birth defect is genetic or caused by environmental factors. However, the FDA has recently announced that Topamax (Topiramate) has increased the likelihood of the development of a cleft lip/palate.

If you believe that your use of Topamax may have contributed to your child’s cleft palate, act now and contact the Mininno Law Office. The experienced birth defect attorneys of the Mininno Law Office can be reached at (856) 833-0600 in New Jersey, or (215) 567-2380 in Philadelphia for a free consultation or case evaluation.

Birth Defects Attorneys Discuss Cleft Palate Surgery Risks

The decision to allow your child to undergo a cleft palate surgery is extremely personal and should be made with the consultation of your child’s doctors. The experienced birth defects attorneys of the Mininno Law Office would like to inform you of some possible risks associated with cleft lip/palate surgeries in order to make you more informed about your choices. It is important to remember that cleft lip/palates can be corrected through surgery and it may be the best choice for your child’s health and well being.

There are some risks associated with cleft lip/palate surgery that the birth defects attorneys of the Mininno Law Office think you should know about before surgery. A good surgeon will discuss these risks with you before surgery, but educating yourself is essential. It is possible for there to be bleeding and infection. In some cases, poor or irregular healing of incisions may take place, which may create a puckering effect. There are anesthesia risks that you should discuss also. More seriously, there is the possibility of damaging deeper structures, such as nerves, blood vessels, muscles, and lungs, which can be temporary or permanent.

Ultimately, it is essentially to discuss the risks and benefits of surgery with your child’s care team. Usually, a cleft lip/palate can be corrected and your child can live a happy life, free of oral malformations. However, the possibility of risks is a reality.

Birth Defects Attorneys of New Jersey and Philadelphia

Many people that have children with a cleft lip or cleft palate birth defect have questions about their legal rights. In many situations, there is little that can be done because the birth defect is genetic or caused by environmental factors. However, the FDA has recently announced that Topamax (Topiramate) has increased the likelihood of the development of a cleft lip/palate. If you believe that Topamax may have contributed to your child’s cleft palate act now and contact the Mininno Law Office birth defects attorneys 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 Sore Lawyers Offer Practical Advice on Nursing Home Neglect

The nursing home neglect and bedsore lawyers at the Mininno Law Office would like you to know that most bed sores and pressure ulcers are preventable and, with proper care, can usually be avoided.

Risk Factors of Bed Sores and Steps for Prevention

NJ and PA Nursing Home Abuse and Bed Sore Lawyers
There is an increased chance of bed sores when certain risk factors are evident, including,

confinement,
immobility,
loss of bladder/bowel control,
poor nutrition, and
decreased mental awareness.

However, patients deserve the respect of proper care, which should include regular bathing, repositioning (in accordance with the needs of the patient), nutrition, and medical attentiveness. Bed sores occur when nursing home staff and personnel are inattentive and unsympathetic o the needs of their patients. Whether through malice or just under staffing, this disregard for proper care allows patients to lay for too long in their beds and opens a door for the bed sore formation. Bedridden patients who cannot care for themselves are must be re-positioned at least once every two hours, to prevent these painful and often fatal afflictions from forming.

Anyone with a loved one who is a bedridden nursing home resident, should do all in their power to make sure their loved one is receiving the proper bed sore prevention care. While the vast majority of medical personnel are kind and careful, those who are overworked or careless, can cause significant pain to those they should be protecting.

Be vigilant and protect the ones you love by being involved in your family member’s care.

Bed Sore Attorneys of New Jersey and Philadelphia

If your loved one has recently suffered from a bed sore, then you may questions concerning your legal rights. In cases where you suspect that neglect or mistreatment played a factor in the development of the bed sore, contact the Mininno Law Office for a free case evaluation. You may also call for a free consultation in New Jersey at (856) 833-0600, or in Philadelphia at (215) 567-2380.

Birth Defects Attorneys Give Pre-Operative Cleft Palate Tips

Our birth defects attorneys would like to present some information about treatment of your child’s cleft palate before the performance of surgery to correct the issue. Often times, children with oral clefts and malformations will have breathing difficulties because a cleft palate can obstruct the airway. This is frightening, and in some very rare emergency cases, a tracheotomy is necessary. However, in most cases, when correct and adequate breathing is compromised, oxygen can be provided through tubes to the child. Additionally, because of the difficulty involved with sucking and swallowing, special feeding techniques will be necessary. Because this makes the acquisition of nutrients harder than usual, it his important to monitor the nutrition and hydration levels of children suffering from these facial birth defects.

In preparation for the surgery that will attempt to (and most often does) correct the cleft palate, a child may have to wear dental supports immediately after birth or within the first two to three weeks. The function of these supports, which are made from plastic or metal molds, is to reshape an infant’s tissues. Ultimately, the end goal is a surgical correction and these tips help make that possible.

Birth Defects Attorneys of New Jersey and Philadelphia

Many people who have a child with a cleft lip/palate ask themselves what caused it. More often than not, the answer to this question doesn’t have an exact answer. However, the FDA recently announced that the drug Topamax (topiramate) has been linked to an increase in the development of a cleft palate/lip. It is important to contact our experienced professionals now in order to protect your legal rights. Do not hesitate to contact the Mininno Law Office for a free case evaluation, or call for a free consultation in New Jersey at (856) 833-0600, and in Philadelphia at (215) 567-2380.