damages Archives - Page 2 of 8 - New Jersey Medical Malpractice Lawyers

Medical Malpractice Attorneys Prevail 13 Years after Child’s Death

Way back in 1998, Anna Gloria Rivera was ten years old and had her entire life ahead of her. Medical malpractice attorneys believe things turned tragic when she was rushed to Woodhull Hospital, in Brooklyn, New York following a severe asthma attack. Prior to asking the young girl’s mother for a medical history or providing a muscle relaxant, sedative, or any sort of pain medication, the treating doctor hooked the girl up to a respirator. The doctor elected to set the ventilator machine at 40 breaths per minute, a clear case of medical malpractice since the protocol for a child of Anna Gloria’s age is around 8 to 10 breaths.

Death Follows Medical Professionals Malpractice

The young girl’s medical malpractice attorneys said “she died about three hours later after her lungs were ‘blown out’ with all the oxygen“. In 2007, following a six week trial, a jury elected to award the Rivera family $3.5 million for pain and suffering and $500,000 for a wrongful death finding. Unfortunately, medical malpractice attorneys had to continue to litigate the issue following an appeal by the city. This prolonged the agony of the family and put off closure for nearly four more years. Finally, in 2011, the plaintiffs once again prevailed and the city was charged thousands in legal fees in addition to $478,000 in interest because of the delayed payment of the damage award. Medical malpractice attorneys believe that because this lawsuit came against a public hospital, the city’s taxpayers will be forced to incur much of the bill after the litigation raged on for so many years.

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.

Medical Malpractice Lawyers Support FDA Surgical Fire-Safety Initiative

Medical malpractice attorneys represent patients each year that suffer the often lasting effects of surgical fires. Sometimes, they represent the family members of patients who did not live through the harrowing tragedy. It is important to discuss with your surgeon the risks and dangers associated with surgical room fires.

Operating Room Fires Rare but Relevant

nj and pa medical malpractice lawyers Dr. Nancy Perrier speaks of her first encounter with an operating room blaze;

“The flames were at least 6 to 8 feet high and the correct actions were unknown to everyone in the operating room. The patient survived the operation, but died about 30 days later from complications of a significant pulmonary injury.”

Doctors and the FDA alike know that these events are nearly 100% preventable. That is why they are pushing for increased oversight on the education of surgical fires for operating room personnel.

Just last month, the FDA hosted a special workshop to looks for ways to stop fires from happening, as well as to offer pertinent medical professionals the tools and knowledge to deal with those that occur.
Experts have estimated that about 650 operating room fires are sparked nationwide every year. As previously stated, many of the victims of those fires will walk away scarred or marginally scathed. Others, however, will lose their lives.

Dr. David Cowles, an anesthesiologist who previously spent 14 years as a firefighter and paramedic, knows well the need for FDA intervention when it comes to establishing a medical standard concerning surgical room fires:

“As a firefighter you’re concerned about what’s going to be the safest way to do a dangerous job and that’s not unlike what it is in the operating room, where every day we perform procedures that could be dangerous and we need to explore the safest way to do that.”

Medical Malpractice Lawyers in New Jersey and Philadelphia

If you or a family member have been victimized by medical errors due to negligent or inadequate medical providers, please contact the Mininno Law Office to speak with a medical malpractice attorney. You may also call for a free case evaluation and consultation at (856) 833-0600 in New Jersey and (215) 567-2380 in Philadelphia.

Let our professionals earn you your just and due compensation.

Medical Malpractice Attorneys: Survival and Wrongful Death Actions

In the past, under the common law, if either the plaintiff or defendant of a tort claim died, the action would be ended. This is because one of the parties, who either deserved compensation or who was liable, would no longer be around. A simple example would be if a patient was injured by a doctor due to medical negligence, the action would end if either party passed away. Also, historically there was no right to recovery for survivors of a patient who was negligently killed by a doctor’s medical malpractice (and the patient’s family could not recovery pecuniary losses or for the loss of companionship). Today, every state has altered these rules by statute which allows medical malpractice attorneys to bring lawsuits in search of compensation, even if their client or the defendant has passed away.

The Types of Actions

new jersey philadelphia medical malpractice attorneys survival wrongful death actions
The first types of laws that have been implemented are generally referred to as “survival” statutes. Under these statutes, a lawsuit will not come to a halt simply because one of the parties has passed away prior to the litigation. This means that lawsuits, including those for medical malpractice, will survive the death of either party. Alternatively, there are also laws in place known as “wrongful death” statutes. These statutes create a cause of action for the family who has been left behind following the death of a plaintiff. An example of a wrongful death situation may be if a doctor’s tortious activity, such as negligence or malpractice, leads to the death of a patient. In that case, the family of the patient may still bring a lawsuit against the doctor even though the true victim of the tort, the deceased patient, is no longer around. Lawyers have found that although some states have elected to combine the two types of actions into a single statute, every state provides this type of protection for patients and their loved ones.

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: Pre-Natal Injuries

There are many forms of negligence, and other tortious conduct, that can lead to the injury of a baby while still in the mother’s womb. Many people’s first thoughts would be to look at the potential tortious conduct of a doctor, which may have caused injury to a baby due to medical negligence. Medical malpractice attorneys have found that most courts have allowed for the recovery of damages when a child is injured while “en ventre sa mere” (meaning “in the mother’s belly”) and is born alive. This is because the negligence of a defendant has caused some sort of injury to the young baby and damages are reasonable even though the child was not yet born. A minority of courts have actually denied the recovery of damages if the child was not yet born, even though the negligence will affect the baby for years down the road.

A Startling Approach by Defense Attorneys

medical malpractice attorneys in nj and pa Some lawyers who have represented defendants in these sorts of cases have come forth with surprising, if not shocking, legal arguments to avoid liability. Some attorneys in this situation have argued that there can not possibly be negligence because that tort requires a duty and a breach of duty. The argument follows that a defendant could not have possibly had a duty of care towards a being that is not yet born. This approach is very rarely accepted because it sets forth bad public policy and it tends to disregard the values we tend to hold as a society. Negligence that harms an unborn baby is just as undesirable as any negligence that could injure any one else. Thankfully, medical malpractice attorneys agree that today, recovery of damages is generally acceptable when a baby is injured prior to birth due to some act of negligence.

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 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

Medical Malpractice Attorneys: Doctor Liability to 3rd Parties

In some states, there has been a trend to impose a duty on physicians regarding third parties who have not directly sought treatment from the doctor. A simple example may be a doctor who advises a patient, who is prone to seizures, that he can safely drive his care home from an appointment. Should that doctor be liable to a third party who was seriously injured in a car accident after the patient had a seizure driving home? How about a doctor who prescribes a medication, which a patient has an unfortunate reaction to, and injures pedestrians on the car ride home for the doctor’s office? Medical malpractice attorneys have found that different jurisdictions have attacked these issues in different ways, some imposing liability on physicians and others declining to do so.
new jersey philadelphia medical malpractice attorneys doctor liability third parties
In Osborne v. United States, a case out of West Virginia, that court permitted a third party to bring a lawsuit against a doctor whose negligent treatment resulted in an injury. The court ruled that in cases where it should have been foreseeable to the healthcare provider, the third party has standing to sue. Lawyers also point to the New York case of Tenuto v. Lederle Labs. In that case, the court found that there was a duty to warn to parents of the risks to their own health, following the vaccination of their children. Finally, medical malpractice attorneys point to the Pennsylvania case of DiMarco v. Lynch Homes-Chester County, Inc. In that case, a doctor negligently advised a patient about a communicable disease. Since the third party was at risk to contract that disease, there was liability placed on the healthcare provider.

Medical Malpractice Attorneys in New Jersey and Philadelphia

Medical Malpractice Attorneys Define Negligence

Medical malpractice attorneys have found that negligence may be the most important form of any tort liability in our jurisprudence today. This is in part due to the flexible principles of negligence that enable liability to be applied to many types of conduct that cause accidental harm. The main difference between negligence and all other forms of torts (i.e. assault and battery) is that negligence is not concerned with the state of mind of the person who committed or neglected to commit the act. The main thing that is looked at by lawyers, and judges who oversee cases, is the conduct of a defendant (such as a doctor or nurse) and whether they should have known of the risks that were possible.

The Four Elements of Negligence

new jersey philadelphia Medical Malpractice Attorneys define negligence

The four elements of negligence, which are frequently referred to in medical malpractice cases, include duty, breach of duty, causation, and damage. In a medical malpractice framework, doctors, nurses, and other healthcare providers owe their clients a duty to live up to the relevant standard of care. A doctor who does something that is not in accord with the standard of care, or similarly, fails to do something that they should have, may breach their duty to the patient. Third, a plaintiff in a medical malpractice lawsuit must show that because the doctor breached his duty of care that was owed to the plaintiff, the incident occurred. This is frequently referred to as causation. Had a doctor done or not done something, the patient would not have been harmed. Finally, to prove a negligence lawsuit, it is essential for a patient to prove that there were damages. It is not enough to show that the doctor did not live up to the standard of care if there were no ill effects from the incident. Once a plaintiff has shown these four elements of negligence, it is likely that they will prevail in a malpractice suit.

Medical Malpractice Attorneys in New Jersey and Philadelphia

Nursing Home Neglect Lawyers Reminder: Look for Small forms of Neglect

We write a lot about shocking and extreme cases of elder abuse and neglect. But we want to remind you that, as nursing home neglect lawyers, it is just as important to look out for the small forms of neglect. The elderly are very vulnerable and the smallest thing can turn into a serious infection or other medical problem. A nursing home in Petaluma, California is being sued by the family of a former resident. According to the suit, the home did not provide proper care to the elderly 90-year-old woman and neglected her on a daily basis. They “repeatedly failed to perform basic wound monitoring, nutrition and hydration.”

Woman’s Wounds and Infections Worsened when Facility Neglected Proper Care

According to Audrey Gerard, the family’s attorney,

“When my client was evaluating the facility for her mother, she was given documents that described the home as having experts in wound care, but while she was there wounds became huge and infected…The wound was so bad that she had to be taken to Petaluma Valley Hospital, which filed a claim with the Sonoma County ombudsman’s office.”?

The home has received dozens of complaints in the past several years, including not properly hydrating residents, failing to prevent accidents, and not supplying proper diets, which can all be very harmful to the health of the elderly. According to the Medicare website, Petaluma Health and Rehabilitation has spent less licensed staff hours per patient than the average for a facility in California.

Nursing Home Neglect Lawyers in New Jersey and Philadelphia

If you have witnessed your loved one being abused, you have noticed any strange bruises, scratches or sores, or you fear that the care they are receiving may be considered negligent or abusive, our professionals can address your questions and concerns. Contact the Mininno Law Office for a free case evaluation. You may also call for a free consultation with one of our nursing home neglect lawyers at (856) 833-0600 in New Jersey, or (215) 567-2380 in Philadelphia.

Medical Malpractice Attorneys Find Justice after 7 Years

Medical malpractice attorneys fought for the plaintiffs, Melinda Schultz and the family of William Bribriesco, in an attempt to earn them much deserved compensation. Finally, in 2011, the State Appeals Board approved settlements in both cases which resolved the open lawsuits which date back to 2007. As part of the settlements, the hospital and those employed at the time denied any wrongdoing.

Two Plaintiffs Find Justice

new jersey philadelphia medical malpractice attorneys justice after seven years In the first approved settlement, the State Appeals Board approved a settlement in the case of Melinda Schultz for a figure around $300,000. In that case, the plaintiff alleged that her anesthesiologist negligently administered pain medication prior to a knee operation. In the second settlement, the family of William Bribriesco was awarded $91,000 to settle the case. Mr. Bribriesco passed away following an extended term at the hospital. The plaintiff’s lawyers in that case alleged that the man died because he developed an infection which was attributable to negligent treatment during his stay at the University of Iowa Hospital. Following a complicated procedure to treat a heart aneurysm, the medical malpractice attorneys believe that negligent treatment led to the man’s demise.