Medical Malpractice Attorneys – Unethical Juror Delays Justice

Nassau County District Attorney Kathleen Rice stated that “juror misconduct undermines the constitutional rights of plaintiffs and defendants and threatens the sanctity of our justice system,” and medical malpractice attorneys could not agree more.

This week, a New York juror in a medical malpractice lawsuit was arrested for allegedly soliciting a bribe from the plaintiff. The juror, Deonarine Persaud, was charged with bribe receiving by a juror, a Class D felony, as well as first degree misdemeanor misconduct by a juror. Although it is important to put an end to this type of juror misconduct, the behavior of this one man has delayed the justice sought by the plaintiff.

Corrupt Juror could Face Seven Years in Prison

Persaud, a sworn juror in a medical malpractice civil trial, contacted the plaintiff and said that he had some important information about the defendant that was crucial to the lawsuit. Through a telephone conversation, Persaud spoke to the mother of the plaintiff and arranged to meet the plaintiff’s father at a local hardware store to discuss the information. The father immediately recognized the juror, who made assurances that he could sway the jury in the plaintiff’s favor in return for a five percent cut of the damages awarded. The family contacted the plaintiff’s medical malpractice attorney soon after the phone call and the news was promptly brought to the judge on Monday. The judge, in turn, contacted the DA’s Office and after a short investigation, the juror was arrested when he returned to court on Tuesday. If Persaud is convicted of all the charges that have been brought against him, he could face up to seven years in prison. Due to this gross misconduct on the behalf of the juror, medical malpractice attorneys fear that the plaintiff’s pursuit of a fair and impartial trial will be substantially delayed.

Medical Malpractice Attorneys in New Jersey and Philadelphia

If you have recently been the victim of any sort of medical negligence, you most likely would like to speak to medical malpractice attorneys regarding your situation and your legal rights. 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) 5672380 in Philadelphia.

Medical Malpractice Lawyers Win $3 Million Verdict in New York

A New york Jury has recently awarded a $3 million verdict to 18 year old Marlayna Kineke, a young woman who suffered a serious brain injury due to medical malpractice during her childbirth 18 years ago.

Negligent Doctor Causes Permanent Injury

new jersey philadelphia Medical malpractice lawyers big verdict new york Dr. Stephen Serlin was summoned at 5am on February 24th, 1993 to perform an emergency C-section for Marlayna’s mother, Dawn Kineke. He did not arrive at the hospital until 7am, and the procedure didn’t begin until 8:14am. In that time, Marlayna suffered fetal asphyxia from umbilical cord compression within the womb, which caused cerebral palsy and a host of additional developmental issues.

Serlin ordered the C-Section the day before, February 24th, after labor was ineffectively induced. However, he and his mid-wife left the hospital for more than four hours, which is against hospital policy, especially while they had a patient in a certain level of distress.

The verdict is meant to cover pain and suffering, medical bills, and rehab costs, and the remainder will be placed in trust and used for Marlayna’s care. “It sounds like a lot of money, but it has to pay for her care for the rest of her life,” her attorney said.

Serlin’s insurance company can cover $2 million, and he may have to pay the Kineke’s $1 million on his own.

Medical Malpractice Lawyers in New Jersey and Philadelphia

Marlayna’s life was forever effected when Dr. Serlin negligently delayed her delivery. Had Dawn not waited so long for the procedure, perhaps fetal asphyxia would never have affected Marlayna’s brain. She will need to receive special care for the rest of her life, care that is not cheap.

If you or a loved one are victims of medical malpractice or negligence, 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 medical malpractice lawyers at the Mininno Law Office earn you the full and fair compensation you need and deserve.

Personal Injury Verdict in Arizona Awards $1.9 Million

Alexis and Mark Breyer, a husband and wife law team, won over an Arizona jury in a personal injury trial involving a plumber and a staircase. The jury awarded the plaintiff $1.9 million dollars for injuries sustained from the accident. Attorney Mark Breyer said of the victory:

“when a jury follows the law and holds companies responsible for their failures to protect workers on the job site, it is a great day not only for our client, but for all construction workers in Arizona.”

Faulty Staircase Leads to Personal Injury

new jersey philadelphia personal injury attorneys negligence 1.9 million verdict arizona construction workers In 2007, the plaintiff was working as a plumber on a construction site under a general contractor and subcontractor. Day one on the job, he attempted to ascend a flight of stairs. As he climbed, the stairs collapsed beneath him. He suffered a burst fracture and had to undergo a two-level spinal fusion surgery to correct his injuries.

The incomplete staircase had been constructed by the subcontractor and was in the process of being moved. In the absence of caution tape, the plumber had no way of knowing that the stairs were unsafe to climb. The general contractor, who is ultimately responsible for all that goes on at his construction site, refused to accept responsibility. He blamed his subcontractor for not making clear the status of the staircase, and blamed the plumber himself for assuming the stairs were safe to climb while in the presence of other workers. The subcontractor did eventually accept responsibility for not preventing usage of the staircase.

The jury took two days to deliberate before awarding $1.9 million to the plaitiff. They assigned 39% of the blame to the general contractor, 58% to the subcontractor, and 3% to the plumber himself.

NJ and PA Personal Injury Lawyers at the Mininno Law Office

The plaintiff suffered greatly from the negligence of those in charge of the construction site. It is fair that he be compensated for the time and money he spent trying to fix the injuries he sustained. If you or a loved one have suffered injury due to the negligence of another, contact the Mininno Law Office for a free case evaluation.
Our personal injury attorneys are ready to work for you, to earn you the recoveries you deserve. Call us for a free consultation at (856) 833-0600 in New Jersey, or (215) 567-2380 in Philadelphia.

Arbitration Clauses Allow for Continued Nursing Home Abuse

new jersey philadelphia nursing home abuse attorneys mandatory arbitration agreements Congress is considering the Fairness in Nursing Home Arbitration Act of 2009, which would invalidate mandatory arbitration agreements in nursing homes. This is an important law that needs to be passed in order to advance in the fight against nursing home abuse.

Nursing homes make you sign a mandatory arbitration agreement when they accept your loved one for admission. Initially, nursing homes win you over with their promises of good, attentive, compassionate, and empathetic care. The last thing you are thinking about at that time is a nursing home abuse lawsuit. If, however, your family does find itself in the midst of injuries suffered by your loved due to nursing home abuse and neglect, you bet that nursing home will be quick to remind you of the mandatory arbitration agreement they made you sign. This agreement means you cannot sue the facility. Since the nursing home has eliminated the chance a jury could punish them for providing the bad care that injured your loved one, the nursing home had very little incentive to make sure they provided good care. When your family wants to know how your loved one was injured, the promises made during admission will be replaced with excuses. Excuses cannot return your loved one’s dignity, or the pain these injuries force your loved one to endure during their limited remaining days on this earth. The nursing home also has little incentive to make sure it does not happen to the next family in your position, because they will be forced to sign a mandatory arbitration agreement too.

How does this happen?

You can’t provide the care and support your loved one needs, and you arrive at the realization you must place them in a nursing home. The reason may be for long term care, although hopefully it is for rehabilitation with the goal of sending them back home. You choose a nursing home to place your loved one. When signing the package of numerous documents presented to you during the admission process (picture all of the documents you signed when you bought your first house being presented to you one after the other), you will eventually be presented with a mandatory arbitration agreement. Unfortunately, few people understand what they are signing, or why they are signing it.

Many nursing home admissions are directly from a hospital, and occur after a medical emergency such as a stroke or broken hip. Families often have no choice but to accept the first available nursing home with an available bed. When families unknowingly sign away their right to sue the nursing home, they believe they will get the good care they are promised. The last thing on their mind is that the nursing homes will injure their loved one by allowing pressure sores that lead to infections and amputation of limbs; suffocation on bedrails and other restraining devices; serious fractures from preventable falls; physical and sexual assault; renal failure from dehydration; malnutrition; medication errors; and death from fires in unsafe buildings.

Mandatory Arbitration Agreements are Unfair

Now that you know what a mandatory arbitration agreement is, and what it means to the family of an abused nursing home resident, ask yourself if that is fair. What does it say to you about an industry that promises good care and at the same time asks you to sign a mandatory arbitration agreement that protects them from being held accountable for bad care? Nursing homes know that if a court upholds a mandatory arbitration agreement, a jury with the power to punish the nursing home for often deplorable conduct will never have a chance to hurt their nursing home in the only place that matters to them – the pocketbook.
The Fairness in Nursing Home Arbitration Act would end the practice of making families agree to give up the right to a jury trial in order to get their loved one accepted by a nursing home. Congress should send a message to the industry that injuring residents is not simply a cost of doing business. Compassion should be enough of a reason for a nursing home to provide the good care they promise. Since the industry has proven time and a gain that they will not do this voluntarily, Congress must keep open the only avenue that does hold them accountable – a jury who can listens to the evidence and judge their conduct.

NJ and PA Nursing Home Abuse and Wrongful Death Attorneys

If you or a loved one have suffered the effects of nursing negligence or abuse, call an experienced New Jersey or Pennsylvania Nursing Home Abuse attorney at the Mininno Law Office. We will work hard to get you to compensation you deserve!
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.

A Medical Malpractice Case in Ohio

doctors — Medical Malpractice in the operating room certainly led to Keith's worsened condition, but the Ohio Supreme Court decided otherwise.

Keith Theobald was a healthy and fit father of two, until an elderly driver clipped the back of his pick up truck and sent Keith and his car flying over 4 lanes of traffic and into a patch of standing trees. EMT’s quickly arrived at the crash site and found Keith hanging upside down in a tree. He was paralyzed from the chest down. In the hospital, Keith was alert and still had the use of his arms. He and his wife came to terms with his new condition, and were looking ahead to a difficult, but fulfilling life.
Keith’s doctors told him that an operation might be able to improve his condition, so Keith underwent the surgery. Keith woke up from surgery still paralyzed but now he was blind in both eyes and could no longer use his arms. Doctor’s records proved that a series of mistakes made during the surgery led to oxygen deprivation, causing Keith’s blindness and extended paralysis. Keith, now blind and completely paralyzed, needs ‘round-the-clock care for the rest of his life.

Ohio Supreme Court Ruling

The Theobalds went to Court and sought to recover damages from Keith’s doctors. Despite the overwhelming evidence of medical malpractice, The Ohio Supreme Court ruled 6-1 that the doctors were immune from any and all lawsuits – no matter what. The Court found that because there were medical students watching and helping during the operation, the doctors who performed the surgery were acting within their realm of state employment as teachers with the University of Cincinnati, and were therefore immune to medical malpractice suits.

That’s right, highly paid doctors and surgeons who agree to assist a State University in teaching med students (without compensation) are considered state employees, just like DMV folks who process our license applications, the road department workers who paint and repair our highways and state prison guards – all of whom get paid directly by the state with tax dollars.

Although these doctors were not being paid like state employees, the Court’s ruling gave them the same immunity from suits that most state workers in Ohio got. Unbeknownst to Keith, by going to these doctors, he was giving up his personal rights to a jury trial in the Court of Common Pleas. The Theobalds were told they had to take the case to the Court of Claims, meaning:

• No jury presence
• State appointed judges that issue rulings for and against the state
• Award cap of $250,000, regardless of severity of damages
• Taxpayers will foot the bill, not the Doctors insurance companies

In the 6-1 decision, called The Theobald Ruling, the dissenting justice argued (unsuccessfully) that the immunity was meant for mistakes that students made, not mistakes that teaching surgeons made. He also argued that patients should be alerted when procedures are to be performed by “state employed” physicians, and that they are indeed surrendering their right to go to Court should something go wrong. The ruling stated otherwise.

In a heartbreaking ending, The Theobalds never saw their day in court. After a lengthy ordeal with the Court of Common Pleas, the Theobalds finally filed suit in the Court of Claims, only to be denied again because the statute of limitations had run out on their claim. Keith and his wife Jacqueline received no compensation for injuries sustained due to medical malpractice, and must now face his injuries with no monetary help from here on out. Is this justice?

If You Believe You are a Victim of Medical Malpractice, You Must Act Quickly!

New Jersey and Philadelphia medical malpractice attorneys will continue to fight for victims of medical malpractice. If you or a loved one have been affected by medical malpractice, you need to act soon. Don’t let a statute of limitations be the reason you do not receive due compensation.Contact us to fill out a free case evaluation form or call us for a free consultation at (856) 833-0600 in New Jersey, or (215) 567-2380 in Philadelphia.

Jury Awards Nearly $800,000 in Medical Negligence Suit

Today, October 23, 2006, a Camden County jury found in favor of The Family of Mr. Robert Boylan in a medical malpractice suit. The defendants were B. Dawson, Shoemaker, M.D., Joseph Szgalsky, M.D.and Megan Vermeulen, M.D. The jury found both Dr. Shoemaker and Dr. Szgalsky responsible. The jury awarded nearly $800,000 in damages. The trial lasted three weeks before The Honorable Ronald J. Freeman. The jury deliberated 2 1/2 days. Attorney for the family of Robert Boylan was John R. Mininno, Esquire of the Mininno Law Office.

If you or a loved one has been harmed by Medical malpractice, you may have a claim for damages. For more information, please go to the New Jersey Medical Malpractice Attorneys page.

John R.Mininno, Esq. is a New Jersey and Pennsylvania trial lawyer representing clients in medical malpractice, defective products and other serious injury claims. He also writes about issues concerning patient safety. His offices are in Collingswood, NJ and Philadelphia, PA.