Medical Malpractice Events Not Decreasing, According to New England Journal of Medicine

The New England Journal of Medicine recently published research executed by Harvard Medical School that shows that the number of medical malpractice events (referred to in the article as patient harms) has not decreased in the last 6 years, despite numerous prevention efforts.

Medical Malpractice Study by Harvard Medical School

medical malpractice and negligence attorneys in nj and paResearchers examined 6 years worth of medical records from 10 different North Carolina hospitals. Over 2,300 admissions records were examined from 2002 thru 2007. Records were chosen at random and reviewed by teams of nurse reviewers. The study found 588 patient harms, including surgical errors, medicinal errors, and nosocomial (hospital-aquired) infections. Of those 588 medical errors, 84.4% were reported as “short-lived” and “not serious.” Fifty, however, were classifed as life threatening, with 14 resulting in death, and 17 resulting in permanent injury. Of the errors, 63.1% of them were abolsutely avoidable.

Harvard Medical School researchers explained that they chose North Carolina hospitals because of the state’s pristine history, as well as it’s dedication to preventing medical malpractice and promoting patient safety. Authors of the study said of the results:

“Though disappointing, the absence of apparent improvement is not entirely surprising.”

It seems that while certain preventative measures have been taken, there still exists an alarming lack of free-standing programs that help deter diagnostic and surgical errors. Much of the medical malpractice occurs when patients are transferred from one physician or facility to another. Patient and information transfers must be handled with meticulous attention and sometimes, in the hustle and commotion of an Emergency Room, that kind of attention is impossible to give. That is why programs and protocol should be put into place to assist in these transfers.

Medical Malpractice Attorneys at the Mininno Law Office

John Mininno, Esq. is a dedicated and hard working medical malpractice attorney practicing in New Jersey and Philadelphia. He is experienced in many different areas of medical malpractice, and is skilled at earning significant recoveries for victims of medical negligence. If you or a loved one have been victimized by neglience in an emergency or operating room, 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 earn you the compensation you need and deserve.

Medical Malpractice Causes Quadriplegia for Police Officer

17.7 million dollars was awarded to George Nissen after severe medical malpractice changed his life forever. medical malpractice and negligence attorneys in new jersey and philadelphia

Forty-seven year old George Nissen of Melrose Park, Illinois worked as a Stone Park Police Officer. On February 13, 2005, he responded to a complaint of a disturbance outside a town bar. While trying to dispurse the crowd and restore order to the area, Nissen was thrown over the hood of a car by one of the unruly crowd members. He struck his head on the curb. Nissen was quick to his feet, and none of his fellow officers suspected that any real damage or injury had occurred. A day later, Nissen was rushed to the hospital after having suffered a stroke, seemingly from injuries he sustained after the blow to the head.

Medical Malpractice at the University of Illinois Medical Center

He was admitted to the University of Illinois Medical Center to have an external ventricular drain inserted to drain the excess fluid on Nissen’s brain. The presence of the drain calls for close monitoring of intracranial pressure, which Nissen did not receive. His pressure levels rose to dangerous highs overnight and nurses failed to recognize or alert doctors of the complication, resulting in brain damage.

Today, Nissen is a quadriplegic, and can only communicate through eye or head movements. The University of Illinois has agreed to pay Nissen 16.2 million dollars, and an additional 1.5 million is being paid by an independant nursing agency that employed the negligent nurses.

Medical Malpractice Attorneys in New Jersey and Philadelphia

If you or a loved one are victims of medical malpractice or negligence, please contact the Mininno Law Office for a free case evaluation. Our medical malpractice attorneys are experienced and knowledgable in all areas of medical law, and are prepared to work hard and earn you the compensation you need and deserve. You may also call for a free consultation at 856-833-0600 in New Jersey, or 215-567-2380 in Philadelphia. The Mininno Law Office team is here for you.

Jury Awards Family $42.75 Million for Nursing Home Abuse and Neglect

nursing home abuse attorneys new jersey philadelphia Harborside MadisonvilleA Kentucky jury awarded $42.75 million to a family who claimed that nursing home abuse and neglect led to their loved one’s death. Joseph Clint Offutt was a resident at the Harborside of Madisonville nursing home for only nine days before he died. In that brief time, Mr. Offutt became lethally dehydrated, despite having a feeding tube. The nursing home failed him in the most basic way: they failed to ensure he had enough water to live.

Nine Days of Nursing Home Abuse

Mr. Offutt served in World War II and was still planting crops at age 88. A stroke weakened him in 2007. His wife of 58 years, Pearline, cared for him at home for eight months. Despite Pearline’s efforts, Offutt’s family concluded he needed professional care. Nursing homes exist for the purpose of caring for those whose families can no longer care for them.

It is incredibly distressing for a family to trust their loved one’s life to the promises of these “experts,” only to find their loved one received worse care at the nursing home then they would have received at home. As a New Jersey nursing home abuse lawyer, my experience shows that the nursing home’s lies and broken promises make it even harder for the family to accept their loved one’s fate.

Mr. Offutt was only at the nursing home from March 25 to April 3, 2008. He was transferred to a hospital and died two days later on April 5, 2008. The family alleged that nursing home staff members neglected Mr. Offutt. The nursing home allowed him to suffer from severe dehydration, malnutrition, bedsores and infections. The nursing home allowed all of this to happen in just nine days, and their neglect ultimately caused his death.

Harborside’s Response to Nursing Home Abuse Verdict

Of course, the nursing home then had the audacity to criticize the jurors. Carol Britt, administrator of the facility, released the following statement:

We feel the size of the verdict is outrageous and totally inappropriate based on the facts presented in the case. Not only did we provide quality care to this individual, but the outsized punitive damages assessed against us bear no relation to our conduct. We intend to vigorously challenge the decision through the appeal process.

With all due respect Ms. Britt, how does outstanding care lead to death by dehydration in just nine days?

Adult Protective Services officials of the Kentucky Cabinet for Health and Family Services investigated the care provided to Mr. Offutt and agreed with the allegations of nursing home abuse. The Office of Inspector General cited the nursing home for failing to prevent bedsores in the case of Mr. Offutt. Was the state wrong too Ms. Britt?

Nursing Home Abuse Attorneys in New Jersey and Philadelphia

As a New Jersey and Philadelphia nursing home abuse lawyer, I find Ms. Britt’s comments to be indicative of the attitudes expressed by the entire nursing home industry. The jury awarded $1 million for Offutt’s pain and suffering, $1.75 million for his wife’s loss and $40 million for punitive damages. The jurors were members of Ms. Britt’s community. The jury took time out of their lives to sit through the trial and listen to all of the evidence. Contrary to Ms. Britt’s opinion about the jury and the size of their award, the evidence against the nursing home must have been so egregious for the jury to become so outraged that they felt the need to send a message to the nursing home that their conduct was reprehensible.

If you or a loved one have suffered due to nursing home abuse or neglect, 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.
Our team is dedicated to fighting this huge industry that seemingly has no respect for the lives with which it is entrusted. Let us earn you the compensation you deserve.

Nursing Home Abuse – What Should You Do?

You have recently discovered that your loved has been victimized by nursing home abuse. You feel angry, shocked, confused, deceived. You entrusted an expensive facility to care for your family member because you no longer could, and now they are worse off than before. What should you do?

Nursing Home Abuse Attorney – Step 1

You must contact a nursing home abuse attorney. An attorney is going to review the facts of your case and tell you if there is enough there to file suit. If so, there are more steps you will have to take in order to present a valid case.

Nursing Home Abuse Records – Step 2

nursing home abuse attorneys new jersey philadlephiaAfter calling an attorney, the next step is often to obtain the medical records. It is often best for the family to initially request the medical records without the help of an attorney. This ensures less of a chance the nursing home would remove documents from the chart, or even re-write them. In order to request a resident’s medical records, you need to have authority to do so. What gives you that authority?

Nursing homes have the right to require a HIPAA authorization in exchange for producing the medical records. This authorization can be signed by the individual. However, often times in a nursing home setting, the resident is unable to make these decisions, and has arranged for one or more family members to act as power of attorney. When properly written, a power of attorney would give members of the resident’s family the right to sign the HIPAA authorization and request the records for themselves.

In the event that the resident were to die, the power of attorney would now have no legal force or effect. What should you do now?

Nursing Home Abuse Short Certificate – Step 3

In New Jersey, once an individual dies, the family must make an application for a “short certificate” to continue to represent the estate. The short certificate is a document that is created and provided by each county’s Surrogate’s office. Luckily, the employees at the Surrogate’s office are some of the most helpful State employees you will ever come across. Usually in one or two days, the family can obtain the short certificate. Just as a power of attorney gives the family the authority to execute the HIPAA authorization and to obtain the client’s records when they are alive, the short certificate gives them that ability when their loved one is deceased. Below is a link to the contact information for all 21 New Jersey county Surrogates.

Nursing Home Abuse Attorneys at the Mininno Law Office

Although this is a general road map as to how you would obtain records and to begin to investigate whether there is a claim for injuries against the nursing home, in the event that you feel you may have a viable lawsuit for injuries suffered by your family member, please do not hesitate to 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 earn you the compensation you deserve.

Birth Defects and Depakote Could be Linked

birth defects depakote new jersey philadelphia attorneysThe U.S. Food and Drug Administration (FDA), in December 2009, informed Health Care professionals about the increased risk of neural tube defects and other major birth defects associated with the use of Depakote during the first trimester of pregnancy. Doctors typically warn women who are looking to become pregnant of the correlation between Depakote and birth defects in the first trimester of pregnancy. They should also warn women who are not planning pregnancy but are sexually active of the risks. By the time these woman know they are pregnant, it may be too late to prevent the many birth defects that can occur as a result as Depakote use in the first trimester of pregnancy.

What Birth Defects can Depakote Cause?

Depakote (Divalproex Sodium) is a drug marketed by Abbott Laboratories used to treat bipolar disorder, migraine headaches, and seizures associated with epilepsy. Side effects of Depakote that pertain to birth defects include Spina Bifida (a neural tube defect), craniosynostosis (abnormal skull development), cleft pallet, arterial septal defect (holes in the heart), and polydactyly (extra fingers or toes).

Spina Bifida is perhaps the most significant birth defect tied to Depakote use. It is a developmental birth defect caused by the incomplete closure of the embryonic neural tube. Spina bifida occurs when some of the vertebrae overlying the spinal cord are not fully formed and remain unfused and open. Spina Bifida malformations fall into four categories: Spina Bifida occulta, Spina Bifida cystica (myelomeningocele), meningocele, and lipomenengocele. The most significant form of Spina Bifida is myelomeningocele, which leads to disability in most affected individuals.

Birth Defects in New Jersey

According to the Spina Bifida Association, there are an estimated 2.7 million women of childbearing age that live in New Jersey. Approximately 1,710 people with Spina Bifida live in New Jersey and 1.97 babies are born with Spina Bifida per 10,000 births in New Jersey. The Spina Bifida Association said, “If women were to consume 400 micrograms of the B-vitamin folic acid every day before pregnancy, the risk of Spina Bifida and other serious birth defects could be reduced up to 70%.” If you need resources to learn more about Spina Bifida, there are four clinics in New Jersey located in Mountainside, Edison, Summit, and West Orange.

Birth Defect Attorneys at the Mininno Law Office

If you or a loved are dealing with the tribulations of a child with birth defects, and you believe those defects were caused by the negligence of another, contact the Mininno Law Office for a free case evaluation. Our team is eager and prepared to earn you the compensation you need and deserve. You may also call for a free consultation at (856) 833-0600 in New Jersey, or (215) 567-2380 in Philadelphia.

DePuy Hip Implant Removal – Who Pays?

depuy hip implant recall lawyers new jersey philadelphiaMany patients that have had the recalled DePuy ASR hip implant are concerned about the potential health risk posed by the release of medical particles into the blood stream. Even if the DePuy hip implant seems to be in perfect working order, some patients are insisting that their orthopaedic surgeons remove these hip implants before they become sick or experience hip symptoms. However, if a patient is not experiencing medical symptoms, that patient’s health insurance will likely not cover the cost of a DePuy hip implant removal.

I Have a DePuy Hip Implant and I want it Removed Before it Starts Causing Harm – What Can I Do?

Well, you could ask DePuy to pay for the removal of the implant. In fact, under the terms of the recall, DePuy has offered to pay for surgery to remove their hip implants. DePuy is urging patients to contact them directly without a lawyer. However, as a DePuy hip implant lawyer in New Jersey, we strongly advise against patients trying to negotiate with this giant orthopaedic company. The claims representatives who work for DePuy are not on your side, but on the side of the company trying to preserve their money and limit their financial exposure.
As a DePuy hip implant lawyer in New Jersey and Philadelphia, we will bring a claim against DePuy for all compensation to which you are entitled. We will ensure that DePuy fairly and reasonably evaluates your claim for medical testing, medical treatment, second opinions, travel and cost expenses, loss of income while you recuperate, and the pain, suffering, and scarring that will be associated with the surgery required to repair the defective hip implant. Patients insurance carriers will not pay for these claims, but as a DePuy hip implant lawyer in New Jersey, we will see to it that DePuy pays proper and full damages for all the harm it caused to its patients.

NJ and PA DePuy Hip Implant Lawyers

If you have a DePuy hip implant, you really should speak with a DePuy hip implant lawyer in New Jersey or Philadelphia right away. In order to properly pursue the claim, a DePuy hip implant lawyer will ensure that the proper evidence to bring the claim is preserved and then evaluated by appropriate experts. For instance, for anyone having a DePuy hip implant replaced, it is vital to reserve the actual hip implant that is being taken out of your body. In addition, it is also vital to have the proper medical records and documentation establishing the nature and extent of your pain, suffering, and inability to work. A DePuy hip implant lawyer can help you preserve this evidence and make sure you get proper and fair compensation.

Contact the Mininno Law Office for a free case evaluation or call for a free consultation at (856) 833-0600 in New Jersey, or (215) 567-2380 in Philadelphia.
Let the Mininno Law Office team earn you the compensation you deserve.

Nursing Home Abuse and Negligence: Seek the Help of an Attorney

For many baby boomers, there comes a time when the health issues of mother, father, or other loved one become so advanced that it is impossible to safely and properly care for them anymore. When this happens, the only option may be to place them in a nursing home. Sometimes these stays are for rehabilitation purposes and are temporary. Frequently, however, the stays are permanent. Nursing homes promise that they are equipped to take care of people who are unable to take care of themselves, hence the reason they are in business. They are supposed to provide the care a sick person’s family can no longer provide. And just as families rarely prepare to place their loved one in a nursing home, they also rarely consider what will happen if their loved one suffers an injury as a result of nursing home abuse or negligence.

Nursing Home Negligence Allows for Bedsores

nursing home abuse and negligence attorneys in new jersey and philadelphiaNursing homes frequently allow their residents (our loved ones) to acquire decubitus ulcers, which are more commonly referred to as pressure sores or bedsores. These horrible pressure ulcers are often a result of nursing home neglect regarding the care they provide and preventative methods they employ. High risk bedsore patients (patients who are bedridden) are to be rotated every two hours. Failing to do so is failing to appreciate the risk of skin breakdown for the resident, allowing for the actual development of the bedsores. Even worse, negligent nursing homes that allow for the development of these bedsores commonly fail to properly treat them. It is in these instances that pressure ulcers can become deadly.

Nursing Home Abuse Allows for Falls

Likewise, nursing homes frequently fail to properly assess residents for their risk of falling. There are numerous precautions that a nursing home can take to prevent most falls. Unfortunately, many times these precautions are not taken, and as a result, residents suffer debilitating injuries to hips, shoulders, necks, and heads. Falls and fractures effect the sick and elderly much differently than they do an able bodied younger person. In a negligent nursing home, a hip fracture could be a catalyst for death. As the adult responsible for your loved one, you now find yourself in the position of deciding whether to investigate a nursing home negligence and abuse lawsuit.

Nursing Home Negligence Attorneys in NJ and PA

If you have had to watch your loved one suffer because of nursing home negligence and abuse, do not make the mistake of thinking there is nothing you can do. Nursing homes that act negligently must be punished for their actions. You trusted them to care properly for your family member, and they have taken that money and betrayed your trust. Contact the Mininno Law Office to speak with a New Jersey or Philadelphia nursing home abuse attorney. Through that inquiry form, we offer free case evaluations. We also offer free consultations by phone at (856) 833-0600 in New Jersey, and (215) 567-2380 in Philadelphia.

Let the Mininno Law Office team earn you the compensation you and your loved one deserve.

DePuy Hip Implants Cause Osteolysis

depuy hip implant recall new jersey philadelphia attorneys osteolysisIn the United States, hip replacement surgery is one of the most common orthopaedic surgeries that occurs each year. In fact, since 1997, there have been approximately 300,000 hip replacement surgeries performed in the United States. Without question, the development of prosthetic hip joint replacements, and the development of cement or “glue” to securely place these implant parts into the human skeleton, has been one of the most major advancements in orthopaedic surgery during the last several decades.

Notwithstanding the numbers, as was detailed on our articles about hip implants, hip replacement surgery is not a cure for hip pain and should only be considered after all other medical treatments have failed. The failure of any manufacturer’s hip implant is something that is inevitable and something all potential hip implant patients should consider.

Why are Hip Implant Failures Almost Always Inevitable?

One of the major reasons for hip implant failure is because of the loosening of the bond (i.e., the cement or glue) which holds hip implant prosthetics to the bone. The loosening of this bond between the hip implant parts and the bone causes an increase in pain and reduces the range of motion for the patient.
In addition, because of the “imperfect fit,” natural friction is increased, as is the wearing down of areas in and around the hip implant. While this wear occurs in all hip implants, DePuy ASR hip implants have been recalled because medical research has shown that the recalled DePuy hip implant has an increased wear rate caused by the friction between the chromium and cobalt metals used in the ASR implant system. The combination of the loosening of the bond between the implant parts and the increased friction wear in the DePuy hip implant patient has been theorized to be the main cause of it’s premature wear and tear.

Finally, the byproduct of the chromium and cobalt friction in the replacment has been shown to result in a greater immune response to the release of these metal particles in the blood system. The immune system response not only attacks the foreign metallic matter in the blood stream, but also attacks the surrounding hip and femur bone, as well as other connective structures. This attack further damages the bond between the DePuy hip implants and the bone. This process, called osteolysis, is one of the most common causes of the accelerated failure of any DePuy hip implant.

NJ and PA DePuy Hip Implant Recall Attorneys

A DePuy hip implant recall lawyer in NJ o PA can answer your questions regarding a DePuy hip implant. If you think you may be the recipent of a recalled product, 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 team at the Mininno Law Office earn you the compensation you deserve.

Medical Malpractice at Parkland Memorial Hospital Part I

medical malpractice new jersey philadelphia attorneys negligence parkland memorialParkland Memorial Hospital is the primary teaching hospital for the University of Texas Southwestern in Dallas, Texas. It allows residents to perform entire procedures with or without the supervision of attending physicians. According to their own patient safety officer, Dr. Angelique Ramirez, “[they] harm two patients a day in a significant way.”
These medical malpractice events lead to prolongation of hospital stay, need for ICU care, permanent harm, or death.

It is not unusual at Parkland for residents and even med students to make diagnoses and provide key care for patients. These students may or may not be doing so under the guidance of attending physicians or UT Southwestern faculty.
In the case of patient Jessie Mae Ned, these unsupervised doctors-in-training committed severe medical errors, causing her to undergo 26 surgeries after a simple knee replacement in August of 2008. A poorly kept medical chart, including ambiguous details and phantom signatures, made it very difficult to know exactly what happened to Jessie Mae Ned after her first surgery, but it is certain that medical malpractice and negligence did occur. Complaints and symptoms were overlooked entirley, leading to a tragic outcome.

Medical Malpractice by Providers Not Qualified to Provide

How is it possible that mere students have the ability to care for patients without the supervision or counsel of qualified and experienced physicians? Patients lives are at stake, and yet Parkland Memorial sees it fit to leave those lives in the hands of the least prepared within the facility.
Part II of this blog will focus on the shocking course of events for Jessie Mae Ned following her knee replacement surgery.

NJ and PA Medical Malpractice Attorneys

If you or a loved one have suffered due to medical malpractice or negligence in New Jersey or Philadelphia, you should contact an medical malpractice lawyer. 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.
Our legal team will fight to earn you the compensation you deserve.

Resident Dies in Hospital After Ingesting Dishwashing Detergent in Nursing Home

nursing home negligence new jersey philadelphia attorneys homewood residenceIn a tragic case of nursing home abuse and negligence, an assisted living facility in Delray Beach, Florida will be paying a $7,500 fine after the death of 93 year old resident Michael Gruen. Gruen suffered from advanced stages of Alzheimer’s disease and died after drinking dishwashing liquid.

Homewood Residence (a Brookdale Assisted Living Facility), which has until now neither accepted or denied responsibility for Gruen’s death, received warnings in 2008 regarding insecure areas of their facility. Dangerous chemicals were accessible to the number of dementia patients living within the nursing home. Apparently, the appropriate changes were not made.
Michael Gruen accessed the detergent in the early morning hours of December 28, 2009, while caretakers were busy with another patient. A staff member found Gruen standing over the liquid, and asked him if he swallowed it. Gruen did not answer. He was rushed to the emergency room at Delray Medical Center but died 18 hours later as a result of severe burns to his esophagus.

NJ and PA Nursing Home Negligence and Abuse Attorneys

The 2008 citations were not the only warnings Brookdale’s Homewood Residence had received. In February 2009, Homewood Residence paid a $3,000 fine when 10 residents became sick with norovirus. And in April 2009, a $1,500 fine was given after questions arose during an inspection regarding the treatment of bedsores. The treatment and care this nursing home was providing was inadequate and negligent then, and continues to be now.
State health agencies investigate these homes and hand out citations and fines, but these small amounts don’t seem to instill any fear or sense of responsibility into those that are running these nursing homes and long term care facilities. Perhaps the only way to truly make owners and administrators aware is to take them to court and let a jury decide their penalties.

If you or a loved one have been victimized by nursing home negligence, 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.
Our elder abuse attorneys are here to earn you the compensation you deserve.