consultation Archives - Page 2 of 17 - New Jersey Medical Malpractice Lawyers

Medical Malpractice Attorneys and the “Conspiracy of Silence”

Prior to the 1960s, medical malpractice litigation was far less prevalent in society than it is today. Everything began to change when medical malpractice attorneys were able to break the traditional “conspiracy of silence”. This led to many more tort claims and allowed injured patients to seek the compensation that they rightfully deserved. The conspiracy of silence refers to the discouraging of physicians and doctors (who today serve as expert witnesses) from testifying against other healthcare providers in malpractice or negligence lawsuits.

A Change in the Protocol of Experts

It was very difficult for medical malpractice attorneys to prove that medical malpractice occurred when they were unable to call experts in the field, such as doctors, to testify. Informing the jury of the relevant standards of care and the expected performance and requirements did not hold as much water when a prominent professional in the field was not the one testifying. Thankfully, today, medical malpractice attorneys are able to call any number of expert witnesses who can now shed light on the potential negligence of their colleagues in the field. The unspoken tradition of doctor and physicians refusing to testify against their colleagues in reality only caused an injured victim to suffer. This cultural shift signified a great time for injured patients because it gave tort lawyers and medical malpractice attorneys’ greater leverage to prove their case by painting a much broader picture. Today, both parties are able to call as many expert witnesses to testify as they wish and the jury is able to determine who has presented a stronger case, free from any conspiracy of silence.

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 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.

Medical Malpractice Attorneys: Jackson Litigation Just Beginning

Michael Jackson’s former doctor, Conrad Murray, was found guilty in a criminal courtroom for the death of the former pop icon. However, the litigation surrounding the death of Michael Jackson’s death is just now getting underway. Medical malpractice attorneys will now fight in civil courtrooms for money damages caused by the negligence of the doctor. The guilty verdict set down by a Los Angeles jury has not settled any of the potential civil liability that could still face Murray. Joe Jackson, and the Jackson family, will now seek another verdict before a new host of jurors.

Civil Lawsuit for Jackson’s Wrongful Death

Medical Malpractice Attorneys in NJ and PA

Brian Oxman is the medical malpractice attorney who was selected by Joe Jackson to represent him in the wrongful death lawsuit. Oxman was quoted as saying that his civil suit “will absolutely focus on what happened before the last few hours of Michael’s life”. Oxman is working together with other medical malpractice attorneys, such as Charles Peckham, Murray’s lawyer, to possibly bring in other doctors who treated Michael Jackson. One of these other doctors who may be caught up in the future litigation is Jackson’s former dermatologist, Arnold Klein. The medical malpractice attorneys representing Murray strongly believe that because the focus of the criminal trial was solely based on Murray’s interaction with Jackson, the result failed to show who may have been truly culpable. Peckham said that the focus of the criminal trial revolving only around Murray “severely restrained testimony that would have pointed to Dr. Murray’s innocence”. Medical malpractice attorneys expect this litigation to be lengthy and complex due to the number of potential parties and the high profile of the victim. The Jackson family is seeking money damages due to the death of Michael which would require a finding of medical negligence by a jury.

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 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.

Nursing Home Abuse Lawyers: CNA Imprisoned for Patient Abuse

Nursing home abuse lawyers try their best to advocate for the elderly victims of abuse and neglect, the victims who often can no longer defend themselves against these predators.

Amanda Tibble, 36, who used to work as a certified nursing assistant at the John M. Reed Nursing Home in Limestone, Tennessee has been sentenced to 15 months in jail. Tibble was fired from the home when allegations of physical, emotional, and verbal abuse from January 2010 surfaced. She has since plead guilty to four counts of willful abuse or neglect and admitted to mentally abusing two patients. She has also been accused of twisting a male patient’s hand and bending back the hand of another patient. Tibble admitted to having an anger management problem and recently said “I do apologize for my actions and I do, you know, hate that it caused the mental anguish on her that it did.”

Judge and Victim’s Family Do Not Believe Apology

The family of Anza Hall, one of Tibble’s victims, said “We’ve waited well over a year and a half to get justice served.” The 90-year-old paralyzed stroke victim would tell her family “Don’t make them mad, don’t make them mad. They’ll be mean, they’ll be mean.” Because of the non-believable testimony from Tibble and the testimony of Hall’s daughter and granddaughter, Marcella Hall and Carla Anderson, Judge Robert Cupp gave Tibble the maximum sentence. Hall and Anderson said they didn’t believe Tibble felt any remorse for the incidents.

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 Explain Six General Rules of Malpractice

Medical malpractice attorneys , in preparing to file a lawsuit, generally look to a series of rules that have been set forth by numerous courts over the years. The rules refer to when a plaintiff may file a malpractice lawsuit and the types of proof that are necessary at trial. The Supreme Court of Arizona set forth a series of rules in 1938 in the case of Boyce v. Brown, that still hold true today.

A Historical Look at Medical Malpractice

new jersey philadelphia Medical Malpractice Attorneys six general rules

The Arizona Supreme Court listed these 6 general rules, these rules are adopted slightly differently in some states and may be the subject of objection yet they lay out a fairly succinct framework.
(1) An individual who is “licensed to practice medicine is presumed to possess the degree of skill and learning which is possessed by the average member of the medical profession in good standing in the community in which he practices.” These doctors are also expected to use ordinary and reasonable care when treating patients.
(2) Prior to a medical professional being held liable for medical malpractice, “he must have done something in his treatment . . . which the recognized standard of good medical practice in the community in which he is practicing forbids in such cases, or he must have neglected to do something which such standards require”.
(3) Medical malpractice attorneys must bring in affirmative evidence to prove the relevant standard of medical practice in the community, which is often shown through expert witnesses and other doctors.
(4) Medical malpractice attorneys must affirmatively prove that there was medical negligence. This rule means that a plaintiff can not just show that the treatment did not work, the best results were not achieved, or that there was a death or injury, there must have been some action or inaction on behalf of the treating doctor.
(5) In order to show that a doctor did not live up to the standard of care, expert medical testimony must be used. However, there may be no need for expert testimony if the negligence is so grossly apparent that a layperson would easily be able to recognize it.
(6)Simply showing that other medical professionals would have undertaken a different medical treatment is not enough to show medical malpractice. It is necessary to show that the course of treatment deviated from one of the methods of treatment approved by the medical community. This rule is in place because there are many acceptable forms of treatment in some cases, just because one doctor may have done it differently does not clearly show malpractice.

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 Discuss Evolution of Hospital Liability

In the past, medical malpractice attorneys were extremely limited when bringing lawsuits, especially in determining who could be found liable. Under the doctrine of charitable immunity, hospitals were completely free from tort liability. This doctrine has been eliminated or minimized in many jurisdictions leading to three theories that have been used to hold hospitals liable when their doctors and nurses commit negligent acts. These three theories are known as respondeat superior, ostensible agency, and corporate negligence.

Hospitals are Responsible for Their Healthcare Providers

new jersey philadelphia medical malpractice attorneys evolution hospital liability Under the respondeat superior theory, a theory that applies to many employer/employee relationships, the healthcare provider must be employed by the hospital. In order for a hospital to be liable under respondeat superior, the negligence must occur within the scope of the doctor’s employment practices. Secondly, ostensible agency may apply even if the doctor is not directly employed by the hospital and rather acts as an independent contractor. Under this theory, if a patient looks to the hospital for care rather than a specific doctor or the hospital represents the doctor as an employee, the hospital may be found liable. Lastly, more and more courts are holding hospitals liable under a theory of “corporate negligence”. Under that theory, lawyers may sue hospitals when they fail to review the treatment prescribed by doctor’s or require consultation. This has been a major trend in recent years that has allowed plaintiffs who have been injured by negligent healthcare providers to seek damages from the hospital as opposed to merely a single doctor or nurse.

Medical Malpractice Attorneys in New Jersey and Philadelphia

Medical Malpractice Attorneys: Does the Law Do Its Job?

It is widely accepted that across the United States of America, many patients at one point or another are injured due to the carelessness of doctors. One study that has illustrated this point is the highly debated “Harvard Study”. That study concluded that in 1984, 99,000 patients in New York State suffered serious injuries while in hospitals. Thirteen thousand of those patients lost their lives. Other studies have had similar results regarding the injury of patients while in hospitals. The main issue that medical malpractice attorneys are confronted with each day is whether the law is doing a good enough job to protect these patients. The law, and medical malpractice litigation, is designed to hold negligent doctors accountable while vindicating doctors who could not have done anything to avoid a bad patient outcome.

The Goals of Malpractice Law

new jersey philadelphia medical malpractice attorneys law job harvard study The main goal is to determine whether the law is truly holding only negligent doctors liable while finding that on occasion, bad results do occur in the medical profession even when good doctors are providing treatment. Lawyers believe that the possibility of legal resolutions and potential lawsuits should result in doctors using safer procedures, better diagnostic tests, and more extensive fact finding before providing treatment. The law should also urge doctors to follow the “customary practice” standard which would discourage doctors from using untried and dangerous treatments as opposed to what is generally acceptable in the field. Finally, it is the hope of patients and medical malpractice attorneys alike that the possibility of a lengthy litigation process will push doctors to adapt and change with the profession rather than sticking with their old ways when new approaches are readily available.

Medical Malpractice Attorneys in New Jersey and Philadelphia

Medical Malpractice Attorneys: A Matter of Common Knowledge

In order to successfully prove a medical negligence case, medical malpractice attorneys must prove that the doctor failed to live up to the appropriate standard of care. Generally, lawyers, on behalf of their clients, must call expert witnesses in order to establish the relevant standard of care that professionals are expected to fulfill. However, in many jurisdictions, plaintiffs may not need to present expert witnesses if the negligence undertaken by the doctor was “so grossly apparent, that a layman would have no difficulty recognizing it”.

When Would a Layman Recognize Medical Malpractice?

new jersey philadelphia medical malpractice attorneys common knowledge layman recognition Expert testimony is not necessary to prove a plaintiff’s case when the negligent conduct of the doctor was a matter of common knowledge. One example that constitutes a “matter of common knowledge” is all too frequent in medical treatment today. This example involves a surgeon who negligently leaves a foreign object inside of a patient, such as a sponge, following a medical procedure. Expert testimony is not necessary to prove that the doctor breached his duty to the patient when he began the procedure. A layperson does not need advanced medical schooling and degrees to recognize that a foreign object should not be left inside of a patient following a procedure. Therefore, a jury can easily see for themselves that there was a breach of a duty resulting in medical malpractice, without the unnecessary parade of highly educated doctors at trial.
One final example came about in the Texas case of Schneider v. Haws. In that case, no expert testimony was necessary to prove medical negligence when a patient was not provided an escort or mechanism to safely return her to the waiting room. The patient ended up hitting her head due to the lack of assistance and supervision following a meeting with the doctor.

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: Don’t Know What You Got until It’s Gone

The law recognizes a spouse’s right to the love, company, affection (including sexual) and service of the other spouse and this is referred to as “consortium”. Unfortunately, in many medical malpractice cases, due to serious injury or death, one spouse may lose the consortium of the one they love. Medical malpractice attorneys will often seek compensation for this loss as part of the damages that a jury awards at the conclusion of a trial.

The Loss of a Loved One Due to Medical Malpractice

new jersey philadelphia medical malpractice attorneys discuss definition consortium This category of the law has spread in recent years and in different jurisdictions across the United States, other individuals have been able to claim loss of consortium. Some of these individuals include parents, grandparents, and children. It is crucial for lawyers to know the common law in the jurisdiction in which they practice because many people are affected and hurt by medical malpractice aside from just the patient. It is important that those who will truly lose the consortium of the victim be compensated for their loss. This portion of the law is continuing to expand and grow to allow others to bring claims of loss of consortium.

In 2003, a New Mexico court decided the case of Lozoya v. Sanchez. That case was the first time in history that a court was upheld after they recognized the right of unmarried cohabitants who were in an “intimate familial relationship” with the victim. Medical malpractice attorneys for that plaintiff were allowed to seek loss of consortium damages even though there was no official marriage.

Medical Malpractice Attorneys in New Jersey and Philadelphia

Medical Malpractice Attorneys Recognize Loss of Life’s Pleasures

In a recent trend, some courts across the United States of America have begun recognizing “hedonic damages.” Hedonic damages refer to a plaintiff’s loss of the ability to engage in activities that he or she enjoys. Traditionally, there could be no award and recovery for the loss of life’s pleasures but in some states, this trend is coming to an end. As of 2006, the supreme courts of Connecticut, Maryland, New Hampshire, New Mexico, South Carolina, Washington, and Wyoming have all allowed medical malpractice attorneys to make separate claims for these types of damages.

The Importance of Doing What You Love

new jersey philadelphia medical malpractice attorneys hedonic damages loss life pleasures Lawyers believe that hedonic damages should be recognized in all states because the victims of some incidents of medical malpractice will no longer be able to engage in these behaviors. Imagine the case of an avid swimmer who, because of medical malpractice, could no longer kick her feet. Another example would be the golfer who, because of medical negligence, experienced stiffness in his arms and could no longer swing his clubs.

Medical malpractice has a broad range of effects on victims and courts should not be slow to recognize that the loss of ability to engage in activities could be some of the most tragic losses to the patients. Many people see medical malpractice as a single incident and believe that a patient should be compensated only for the doctor’s negligence. This near-sighted approach fails to recognize that because a doctor did not live up to the standard of care, the patient’s entire life is now altered, potentially forever.

Medical Malpractice Attorneys in New Jersey and Philadelphia

Elder Abuse Lawyers: California Developing Website to Report Abuse

Every state operates differently. Elder abuse lawyers and state officials advocating for the elderly are always looking at the procedures of other states to find out what is working in the fight against abuse and neglect.

New legislation is waiting the approval of the governor in California to develop a secure website for police, doctors, and other authorities to report suspected elder abuse and neglect. The current system in California, and in a good portion of the country, involves a phone call to the state’s elder abuse hotline to report all forms of suspected abuse. The biggest flaw with the hotline, however, seems to be that, because it is used by both lay citizens and legally obligated authorities to report abuse or neglect, callers deal with long wait-times which in turn causes frustration and hang-ups.

The proposal in California suggests a reporting website for police and other civic authorities which would eliminate a large portion of the callers and lessen wait times, allowing the public to speak to a representative faster. The goal, of course, would be to create an easier reporting process for individuals with information, reducing the number of hang-ups and encouraging more people to come forward. According to a 2010 study of county calls, one in four callers hang up rather than wait while they are placed on hold. Developing a website and separating callers would also speed up the reporting process for doctors and police who do not have time to sit and wait through hour-long wait times to report suspected abuse.

“This effective reporting system will ensure that our seniors’ voices are heard and abuses are not overlooked,” said Sen. Juan Vargas, a San Diego Democrat who carried the bill.

Reporting Elder Abuse in New Jersey

As elder abuse lawyers, we know how frustrating the long wait times can be for the elder abuse hotlines. Phone representatives for these hotlines work very hard to keep up with an influx of calls while getting all necessary details, but this often results in a lot of waiting. Approving proposed legislation to ease the process almost seems like a no-brainer. Elder abuse lawyers at the Mininno Law Office hope to see that this legislation is passed and similar systems start to pop up nation wide.

The New Jersey Ombudsman’s Office works to investigate allegations of elderly abuse and neglect. You can report any suspicions anonymously by calling their 24 hour toll-free hotline toll at 1-877-582-6995, or emailing at ombudsman@advocate.state.nj.us. We feel that anonymity is very important for those who could lose their job or feel uncomfortable revealing potential elder abuse. The problem with the current New Jersey system is that the only way to anonymously report abuse is to call and wait to speak to a representative. A website similar to the one being proposed in California for the general public would allow someone to report abuse over the internet without having to use their email address. An anonymous secure website would be an efficient and quick way to report elder abuse to state authorities.

Elder Abuse Lawyers in New Jersey and Philadelphia

If your loved one is currently a resident of a nursing home or care facility 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 with an elder abuse lawyer. You may also call for a free consultation at (856) 833-0600 in New Jersey, or (215) 567-2380 in Philadelphia.