Bed Sore Attorneys – CA Lawsuit Shows Typical Medical Center Conduct

Bed Sore AttorneysThe family of Esperanza Garcia has recently filed a complaint in Los Angeles County Superior Court following her death in October, 2010. Garcia’s daughter, Irene, is seeking general and special money damages as compensation for her mother’s pain and suffering, as well as costs and fees associated with the litigation. The complaint alleges that the Los Angeles Medical Center was reckless in their treatment and care of the ill woman. Esperanza was extremely ill when she entered the medical facility but she did not suffer from any bed sores or pressure ulcers at the time she entered the center. The bed sore attorneys said that once the bed sores began developing on the 64 year old woman, the personnel at the center did not report the severity of the ulcers or properly treat them.

Death Resulted Only One Day Following Removal From the Facility

The medical center should have been on notice that the elderly woman was at significant risk to develop bed sores because of the likelihood of skin breakdown. The center failed to follow any means of prevention in order to limit the possibility of bed sores. Not only did Garcia’s open wounds go untreated, she was also forced to continue to lie on them. Even worse, the woman was left uncared for in her own excrement for extended periods of time as the sores intensified. The bed sore attorneys found that rather than show the proper medical records, center officials deliberately covered up the documented pressure sores and attempted to re characterize them as merely a skin rash. Following this neglect, the family removed Garcia from the medical center but her condition had worsened beyond treatment and she passed away only a day later. Bed sore attorneys believe that this type of neglect and failure to understand the seriousness of bed sores is more prevalent than most would believe.

Bed Sore Attorneys in New Jersey and Philadelphia

If you or a family member has recently suffered from pressure ulcers due to neglect or failed treatment, it is possible that you have some questions for bed sore 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 Keep Debunking Tort Reform Myths!

new jersey philadelphia medical malpractice lawyers debunking tort reform myths A key issue in the tort reform debate involves “defensive medicine.” Supporters of medical malpractice litigation reform claim that “defensive medicine,” usually in the form unnecessary and preemptive testing, is largely due to a widespread physician fear of lawsuits. They claim that these tests drive up the costs of health care, and that reducing a doctor’s chances of being sued would simultaneously reduce the occurrences of defensive medicine, and thus reduce the costs of health care. However, a recent study performed out of the University of Iowa and funded by the Robert Wood Johnson Foundation (the nation’s largest philanthropy devoted to public health) found that in states where tort reform legislation was passed, defensive medicine is still being practiced and doctors are still just as fearful of being sued.

Study Finds that Tort Reform Allegations are Simply Propoganda

Researchers achieved their results by ranking lawsuit risk on a state-by-state basis by the amount of claims actually paid by medical malpractice insurance companies. Research found that doctors who practiced in low-risk states (states that have passed their own tort reform legislation) had essentially the same amount of anxiety about being sued as doctors in high risk states (states that have not passed any type of malpractice reform). Defensive medicine is still being practiced, and therefore tort reform did not lower health care costs. The study stated:

“Overall, the study suggests that current tort reform efforts aimed at reducing malpractice risk would be relatively ineffective in alleviating physicians’ concern about lawsuits and therefore may not alter defensive medicine practices.”

Tort Reformists Ignoring Real Issue

What is alarming is that recent studies have shown that medical malpractice is not decreasing, despite defensive medicine and other efforts. A study of 10 North Carolina hospitals published in the New England Journal of Medicine (read our blog regarding this study) assessed 2,300 random patient files. Of those 2,300 patients, 39%endured some sort of medical error or patient harm. Seventeen errors resulted in permanent injury, and fourteen resulted in death.

It seems that more time and effort should be spent on correcting the horrid rate of medical errors, rather than saving HMO’s and negligent medical providers money. While tort reformists and insurance lobbyists push to limit liability and cap damages for injured patients, doctors and hospitals continue to harm patients at an unacceptable rate. It looks like priorities in this matter have been seriously skewed.

Medical Malpractice Attorneys in New Jersey and Philadelphia

If you or a loved one have suffered at the hands of a negligent medical provider, please 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 Could Be Avoided With Surgical Checklists

A recent study led by Eefjie de Vries and a team at the Academic Medical Center in Amsterdam found that medical malpractice that occured between 2004 and 2005 could have been thwarted by the use of simple checklist.

The Importance of Surgical Checklists

new jersey philadelphia medical malpractice lawyers avoid using surgical checklistSeveral hospitals in the Netherlands use a checklist called SURPASS to assure that all the proper steps have been taken before a patient goes under the knife. Steps on the list include the confirmation of vital aspects of surgery such as the operating schedule, equipment availability, and surgical site. De Vries and his team found that of all of the medical errors that occured between 2004 and 2005, 29% of them could be attributed to at least one of the steps on the checklist. Additionally, 4 of the 10 deaths caused by medical malpractice could be linked back to the checklist.

Eefjie de Vries commented on the use of the checlist, saying:

While the checklist as a whole may seem a little intimidating, the separate parts for each stage of the surgical pathway take little time to complete.

Intimidating or not, if a checklist will save lives, than it’s ludacris that such a method of prevention is not universally utilized.

Medical Malpractice in the United States

In the United States, it is estimated that 2.4% of healthcare costs, or 55 billion dollars, goes to the effects of medical errors. Also, reports have shown that tens of thousands of patients die each year in the United States due to medical malpractice and negligence.

The use of a checklist would not only save lives, but dramatically cut the spending attributed to correcting medical errors, or compensating the seriously injured.

Atul Gawande, a surgeon at the Harvard School of Public Health, has written extensively on the topic of medical malpractice prevention, and was quoted as saying:

. . . surgeons who do not use one of these checklists are endangering patients.

Medical Malpractice Attorneys in New Jersey and Philadelphia

Surgical checklists are a simple and inexpensive way to provide additional safety to patients undergoing surgery. The fact that only a fourth of US hopsitals utilize such a simple fix is befuddling. Medical malpractice is a serious threat to patients everywhere, and medical providers should be doing everything in their power to prevent it.

If you or a loved one have suffered at the hands of a negligent medical provider, 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 Mininno Law Office team earn YOU the full and fair compensation YOU deserve.

Medical Malpractice – inevitable human error or very preventable negligence?

We all agree that there are too many medical malpractice lawsuits in courtrooms around the country. The reason for this is simple. While most doctors and medical staff are well trained and professional, every day, some medical care workers prescribe the wrong medication, misdiagnose patients, perform the wrong procedure, and even operate on the wrong part of the body. Overworked and underpaid nurses and aides make simple mistakes that harm patients. Surprisingly, the most common cases of medical malpractice involve preventable falls and preventable bed sores.

In 2008, New Jersey hospitals reported 533 incidents of error. These blunders included patient falls, bed sores, and foreign objects left inside patients after surgery. Of these 533 errors reported in New Jersey in 2008, 40% of them were patient falls. The typical falling patients were elderly women between the ages of 81 and 90. Fractures to arms and legs were the most commonly reoccurring injuries resulting from falls, while 9% of the falls resulted in death. Seventy-one percent of the falls happened in the patient’s rooms, usually while the patient was trying to get to the bathroom. Some may argue that these falls are hardly medical malpractice cases, and simply accidents. Those people are wrong. These “accidents” are preventable and someone must be held accountable. Fall prevention must be high priority for health care facilities housing high-risk fall patients, and hospital staffs should be educated about those patients. Perhaps better lit pathways to private bathrooms, or rails that patients could hold onto while walking could reduce fall rates. We send our loved ones to the hospital in hopes that the doctors and nurses will be able to treat their ailments and return them back to health. Those doctors and nurses are paid to care for and watch over our parents, grandparents, aunts, uncles, cousins, etc. Should it not then be a nurse’s job to know that the 82 year old woman in room 104 is at risk of falling, and therefore check on her more regularly?

In addition to preventable falls, bed sores and pressure ulcers are also among the most frequently reported errors, and a grave cause for concern. The medical evidence overwhelmingly shows that there is no reason that any nursing home or hospital patient that is being properly cared for ever develop a bed sore or pressure ulcer. They are simply a sign of negligence and inadequate care-taking, and both count as medical malpractice. Bed sores and pressure ulcers result in unnecessary and preventable suffering, infection, and other serious complications, that otherwise would not have to be dealt with. Some sick patients can not take a minute infection that a bed sore can cause, and that minute infection than becomes fatal. Preventative measures should be taken to avoid these awful afflictions. Those measures include repositioning the patient every two hours, inspecting the parts of the body most prone to bedsores, cleaning skin that becomes moistened from perspiration, excrement, or wound drainage, changing sheets frequently, and keeping patients hydrated.

Asking medical personnel to prevent over 200 sick patients from falling and sustaining serious and possibly fatal injuries is far from asking doctors to be perfect. Demanding that nurses and nurses’ aides be more attentive to bed ridden patients to prevent painful and dangerous bedsores is not outrageous. Negligence, inadequate care taking, and inattentiveness are all cases of medical malpractice.
If you or a loved one has suffered due to medical malpractice in New Jersey or Philadelphia, Mininno Law Firm is here to help you get the compensation you are owed. Call (856) 833-0600 in New Jersey, or (215) 567-2380 in Philadelphia.

Chamber of Commerce Attacking Legal System through Radio Ads

In this country, we all have the right to hold another person or party, or even corporation responsible for their acts of negligence, malpractice and other cases of harm. Recently, the Chamber of Commerce has entered the radio advertisement arena in an attempt to protect its high standing members from these lawsuits and claims of negligence. They claim that this is to protect people from meaningless lawsuits, but these ad campaigns are supported by the same people that the Chamber of Commerce is trying to protect, including oil, tobacco, and insurance companies. It seems to like the Chamber of Commerce does not really care about proper care and practices for individuals and Americans, it seems like they care more about protecting their highest paying and loyal supporters. Once again money is put before rights and in this country people have fought for those rights and they deserve the chance to exercise them when the situation calls for it. People’s rights and needs should come first before money, but once again, this is not the case. If people listen to the ads of the Chamber of Commerce than people will not be able to sue for neglect or abuse of a loved one in a nursing home, or a injury due to a product defect or the injuries that can error due to improper label of products. If the members of the Chamber of Commerce were injured due to malpractice they would want to have the right to sue, so other people deserve this right as well.

For additional information on the Chamber of Commerce radio campaigns, you may visit:

http://www.politico.com/news/stories/1009/28211.html

 

If you or a loved one feels you have been injured due to medical negligence, please contact a malpractice attorney right away. They will help you get your voice heard and your rights protected.