Elder Abuse Takes the Form of Fraud and Theft

new jersey philadelphia elder abuse attorneys nursing home neglect lawyers theft fraud Typically, nursing home abuse is thought to be of a physical nature. Residents are left unturned in their beds, growing bedsores; they are manhandled and dropped out of wheelchairs or lifts; or they are over medicated to remain sedated. But often times, elder abuse takes the form of theft or fraud.

In one such elder abuse case, a 36 year old social worker, working with several elderly patients, did great harm to the bank account of an 89 year old woman. In ten months, that social worker stole upwards of $25,000 dollars from the woman. After that “tap ran dry,” she took another $9,000 from a different patient she had been seeing. Authorities claim the money was used for personal purchases; clothing, groceries, and the like.

In other related elder abuse cases, the same social worker was fraudulently cashing checks she had written to herself from a patient’s checkbook. She was also using the victim’s debit card. What happened when the checks ran out? She lied to the bank to obtain more, and continued to write them to herself.

Elder Abuse Attorneys in New Jersey and Philadelphia

The social worker is currently being prosecuted, but it truly is ashame that she was able to go on committing these crimes for so long. It is imperative that we keep our eyes open to this kind of elder abuse, or else offenders will not be punished, and care will never improve.
If you or an elderly loved one have been abused in a nursing home or long term care facility, please contact the Mininno Law Office. Our NJ and PA elder abuse attorneys are here to answer all of your questions and help you present the best possible case.

No one should have to endure the kind of negligence and abuse that goes on in some of our nation’s nursing homes. Help bring an end to these trends of deplorable treatment, and call an NJ or PA elder abuse attorney today. Free consultations at (856) 833-0600 in New Jersey and (215) 567-2380 in Philadelphia.

DePuy Hip Replacement Recall: Is a New Hip Worth the Risk?

depuy orthopaedics Recall Attorneys hip implant replacement New Jersey Philadelphia With the recent news about the DePuy Orthopaedics hip replacement recalls, many people are asking, “Is a hip replacement worth the risk?” Each year there are nearly ¼ of a million hip replacement surgeries performed. Many hospitals and surgeons boast of how simple, safe, and effective hip replacement surgeries are. Afterall, a hip replacement surgery only takes about 1-3 hours and, many times, patients are up and about and returning to work as early as one week after surgery.

However, the decision to have a hip replacement should be one that is made only as a last resort.

When is it Time for a Hip Replacement?

Prior to a hip replacement, you should get at lease 2 opinions from 2 different orthopaedists who have reviewed your x-rays, performed physical examinations to evaluate your condition, and who know how your hip problems are interfering with your activities or quality of life. Mild pain or symptoms that make things a little more difficult should not be sufficient reasons to schedule a hip replacement surgery. For most patients, a hip replacement surgery should only be considered if they have been having signifcant pain for at least 4 years before their surgery.
In additon, the hip should be replaced only if there is severe joint stiffness after exertion, and a significant reduction of the range of motion in the hip joint. Hip replacement surgery is major surgery which carries with it all of the risks associated with surgery (e.g., infection, surgical errors, worsening of the condition, hardware failure, anesthesia risks, and even wrongful death).

Not only that, but you will forever set off the metal detectors at airport security screenings!

If those risks and consequences were not enough, the recent recall of DePuy Orthopaedics Hip Implants should give all potential hip replacement patients reason to think twice before agreeing to this procedure.

DePuy Orthopaedics Hip Implant Recall Attorneys

At the Mininno Law Office, we work to gain recoveries for those who have been wronged. If you are the recipient of a DePuy Hip Implant, you may be eligable for compensation. If you have recently undergone a hip replacement, contact your orthopaedic surgeon immediately to find out if your implant was manufactured by DePuy Orthopaedics.
If so, contact the Mininno Law Office for a free case evaluation. We are happy to answer any questions that you may have. You may also call for a free consultation at (856) 833-0600 in New Jersey or (215) 567-2380 in Philadelphia.

Defective DePuy Hip Implants: Signs and Symptoms

DePuy Orthopaedics has recently recalled it’s defective ASR Hip Implant System, however, not every DePuy hip implant has failed. If you are a recipient of the DePuy hip replacement, you should look for any of the following signs and symptoms:

Hip Pain (with or without activity) – All patients who have had hip replacement surgery will experience some pain at first. However, the symptoms are supposed to improve and, eventually, go away. If your symptoms have gone away and have now returned, or never did go away at all, it may be a sign of a defective hip implant.
Hip Swelling – Swelling is normal in the immediate post operative period following a hip replacement. However, if you have a new onset of hip swelling following a DePuy hip implant, this may be another sign that the metal components are wearing out and causing the swelling.
Problems Walking – Finally, some patients who have been discovered to have received defective hip replacements complain of problems walking. This problem is usually caused by the body’s reactions to the metallic particles which have worn away from the DePuy hip implant. This may be one of the most serious signs or symptoms, because this could mean that the metal particles have caused damage to the muscles, tissue, bones, and nerves surrounding the hip joint.

click on the image to enlarge:

Depuy Recall Attorneys at the Mininno Law Office

If you are experiencing any of the above signs or symptoms, please contact the Mininno Law Office for more information and a free case evaluation.
In fact, even if you have not yet experienced the symptoms and want more information about what you should do if you have a DePuy hip replacement, call for a free consultation at (856) 833-0600 in New Jersey and (215) 567-2380 in Philadelphia.

$9 million Awarded to Victim of Medical Malpractice

A California jury awarded Maria Theresa Sanchez $9 million when her physicians comitted medical malpractice and negligence by failing to diagnose her brain infection, causing permanent brain damage.

Maria’s Past Medical History

As a child, Maria Theresa Sanchez was diagnosed with hydrocephalus, or “water on the brain.” The disorder involves an abnormal build-up of cerebrospinal fluid in the ventricles of the brain. A shunt was installed within her head to drain the excess fluid and relieve any intracranial pressure caused by the condition.

Negligent Doctors fail to Diagnose Infection

new jersey philadelphia medical malpractice attorneys negligence maria theresa sanchez brain infection In 2003, Maria (37) walked into the emergency room at Downey Regional Medical Center in California with complaints of severe headaches and vomiting. Maria was sent home with Tylenol. A few days later, after her symptoms worsened, Maria returned the ER, where doctors determined that it would be necessary to check her for a shunt related brain infection. She was transferred to Lakewood Regional Hospital, but her treating physician did not include any of Sanchez’s within her report, and the consulting neurologist at Lakewood failed to look at any of her records. He also didn’t test for the infection she was sent to Lakewood to be tested for. Sanchez’s condition worsed and she was finally admitted to the Lakewood ER after she fell out of her wheelchair.

The infected shunt was finally removed from Sanchez, but she had already sustained moderate brain damage. Today, Sanchez is partially paralyzed, cannot walk, has slurred speech, cannot eat unassisted, and continues to experience pain.

The care Maria Sanchez received was negligent and irresponsible. It is basic protocol to check previous medical history before treating a patient. Had the neurologist looked at Maria’s records, he would have known she had a shunt in her brain, and would have immediately tested for infection, saving Maria from the permanent brain damage she suffered.

NJ and PA Medical Malpractice Attorneys

If you or a loved on have suffered at the hands of a negligent doctor or hospital, 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 medical malpractice attorneys are willing and eager to help you receive the 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.

Avoid Medical Malpractice by Being a Safer Patient

new jersey philadelphia medical malpractice attorneys negligence avoid being safer patient According to a study by Hearst Newspapers, medical malpractice claims the lives of approximately 200,000 people a year. The study also asserts that medical malpractice is the leading cause of accidental death in the United States. It’s frightening to think that almost 200,000 people die each year from preventable mistakes.

It would be irresponsible, however, to assume that we, as patients, have no control over the outcome of a doctor’s visit or surgical procedure. By being pro-active with our own healthcare, and staying on top of our own treatment, we can work to avoid the potential mistakes that could change, or even end our lives.

Ask Questions!

Asking questions is key to understanding what is going on with your healthcare. Ask your provider all of the questions you can think of, and if you can’t think of any, bring someone with you who can. Ask about your prescriptions and procedures; what are they, what are they meant to treat, are there any alternative treatment options? Ask how often your provider performs the procedure you are about to undergo. What is the success rate? Failure rate? Ask about what you can do to prepare for a procedure. What can you expect doctors and nurses to do in preperation for your procedure? Ask what to expect from your recovery. What activities should you avoid in recovery? What can you do to assist your recovery? Ask your doctor when you should follow-up. If the follow-up plan changes, ask why!

Be Informed!

Use the sources available to you to research the doctor or hospital providing your medical care. Websites like Medicare’s Hospital Compare, The Joint Commission’s Quality Check, and The Leapfrog Group are all available to provide you with information regarding the history and safety of your medical institution.
Infection control is a major area of concern that you should pay close attention to. Your state health department website will also have pertinent information regarding health and safety records for hospitals and physicians.

You want to be informed about yourself as well. Know your past medical history. Bring lists of all of your medications and allergies. Keep test results in your own medical file. Always have copies of your hospital discharge papers sent to your primary care physician.
You may even request copies for your own medical file (This would come in handy should you ever find yourself in the unfortunate position of suing for medical malpractice).

Follow-Up!

Too many ailments go undiagnosed because both doctor and patient fail to follow-up. We assume that when we get tests done, we will be alerted of any undesirable results. That is not always the case. If we are sent to a specialist for those tests, many times the specialist assumes the doctor will follow-up, and vice versa. Be in charge of your own medical care, and personally follow-up!

NJ and PA Medical Malpractice Attorneys

Medical Malpractice, as the leading cause of accidental death in the U.S., is far to prevalent. Precautions must be taken on the part of patient and provider in order to begin shrinking these numbers of medical malpractice related death and injury.
If you or a loved one have suffered due to Medical Malpractice, contact the Mininno Law Office for a free consultation or call at (856) 833-0600 in New Jersey, or (215) 567-2380 in Philadelphia.

Our hardworking and experienced medical malpractice attorneys are dedicated to earning victims of negligent medical care the compensation they deserve.

Brain Injury Prompts Change on the Battlefield

Traumatic Brain Injury is a serious and occasionally devastating event that can change the course of person’s life forever. Concussions, though outwardly showing almost no symptoms, can be fierce catalysts for traumatic brain injuries.
Proffessional sports organizations have been forced to take precautions when players suffer concussions, and now, military forces will be forced to take those same precautions.

new jersey philadelphia attorneys traumatic brain injury concussion — This is an image of abnormal brain activity after a concussion. Red signals overactivity and blue signals underactivity.

Military Precautions Regarding Traumatic Brain Injury

A story done by NPR on Tuesday, October 12th, revealed that Mike Mullen, United States Navy Admiral and current Chairman of The Joint Chiefs of Staff, has ordered that soldiers near a bomb blast must be removed from battle for at least 24 hours, and must be checked for traumatic brain injury.

The reason being that energy and shockwaves from an explosion can reach the brain and cause damage, even if the head is totally intact. Concussions rarely leave visible symptoms, aside from dilated pupils. It is imperative that soldiers are checked for concussions, as they often cause fuzzy, slowed, or perhaps even irrational thinking.

Director of Brain Research at UCLA, David Hovda, explains why fuzzy thinking on the battlefield is dangerous:

“If you’re going to call in a mortar strike, you have to do some fancy math and some really sophisticated calculations in your head, and you could create a problem if this isn’t done correctly.“

Hovda also explains that after a concussion, the brain’s metabolism is slowed, leaving brain cells starved for energy. The risk of increased injury is greater when soldiers are allowed to return to the battlefield after sustaining a concussion.

“During the time when this metabolism is altered,” Hovda says, “the brain not only is dysfunctional, but it’s also extremely vulnerable, so that if it’s exposed to another mild injury, which normally you’d be able to tolerate really well, now there can be long-term devastating consequences.“

Traumatic Brain Injury Effects

Long term effects of multiple concussions are visible in many of the soldiers that have returned home from Iraq and Afghanistan in the past few years. Jake Mathers, of Monroe, Louisianna, suffered a number of concussions while on a 7 month tour as a Marine in Iraq. All of the concussions came from bomb blasts that occured close to him. He was never physically injured, but he now finds that his memory has changed.

“I’ll lose my pack of smokes like three or four times a day, and I’ll buy different packs of smokes ’cause I forget that I bought them,” he says. “Or sometimes I’ll be driving down the road and forget where I’m going or lose my car keys, cell phone.“

Mathers also suffers from headaches, nightmares, and occasional insomnia.

Traumatic Brain Injury Lawyers at the Mininno Law Office

A traumatic brain injury can be life-altering, not only for the victim, but the victim’s family and friends as well. If you’re loved one suffered a traumatic brian injury due to the negligence of another, you’ll need to seek the assistance of a skilled and hard-working traumatic brain injury lawyer. The brain injury lawyers at the Mininno Law Office are dedicated to fighting for those who have been wronged and earning them the compensation they will need and 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.

Listen to NPR broadcast here

Disclosure of Large Medical Malpractice Events Uncommon

An article published in the September issue of the New England Journal of Medicine included the results of research done, that claimed that disclosure of medical malpractice that affects individual patients is becoming more common among health care organizations.
However, the disclosure of Large Scale Adverse Events, or LSAEs, does not happen as often. LSAEs can include incompletely sterilized surgical tools, poor lab quality control, or equipment malfunctions.

new jersey philadelphia medical malpractice attorneys large scale disclosure events AHRQ LSAE mininno The Agency for Healthcare Research and Quality, or the AHRQ, funded the research into the disclosure practices of hospitals and private practices. AHRQ director Carolyn Clancy, M.D. said of the results:

“It’s clear that health care organizations face a dilemma regarding disclosure of large-scale adverse events whether these events lead to patient harm or not. It’s not always clear how to do that in a way that minimizes risk to the patient and the organization, but this research can help.“

Questions arise when considering the disclosure of medical malpractice on this large scale. Is it ethical to disclose the event in a case where patients were unlikely to be physically harmed, but may be psychologically harmed by the disclosure? Based on the research, the AHRQ decided that events should always be disclosed, and offered the following suggestions for health care organizations to apply:

Develop an Institutional Policy – A health care organization should have a clear set of guidelines for disclosure management.

Plan for Disclosures – Disclosures should be made pro-actively, and patients should be told personally and simultaneously.

Communicate with the Public – Health care organizations should understand that media coverage of a large scale adverse event is unavoidable. To gain the trust of it’s public, that organization should provide a media response that shows it’s committed to honesty and patient safety.

Plan for Patient Follow-Up – Organizations should provide follow-up diagnostic tests to patients effected by the LSAE. All anxiety resulting for the disclosure of LSAE should be addressed as well. Patients who were physically harmed by an LSAE should be compensated.

Medical Malpractice in NJ or PA: Mininno Law Office

Have you been physically harmed by any form of medical malpractice at a health care organization? Did this event go undisclosed? If so, you’ll need to seek the assistance of a medical malpractice attorney. The team at the Mininno Law Office is prepared to work hard to earn you the 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.

Traumatic Brain Injury Keeps Ian Laperriere off the Ice Indefinitely

In honor of the Philadelphia Flyers’ Season Opener tonight against the Pittsburgh Penguins, today’s blog will focus on the traumatic brain injury Ian Laperriere received last season in round one of the Eastern Conference Quarterfinals against the New Jersey Devils. In the third period of Game 5, Ian Laperriere took a slapshot to the face by New Jersey defenseman Paul Martin.

“He was hit above the right eyebrow, suffering a gash that required 60-70 stitches. He said he did not believe he suffered a head injury, but vowed never to play another game without a visor.”

new jersey philadelphia traumatic brain personal injury attorneys ian laperriere case — NEWARK, NJ - APRIL 22: Ian Laperriere #14 of the Philadelphia Flyers reacts after being injured in the third period by Paul Martin of the New Jersey Devils in Game 5 of the Eastern Conference Quarterfinals during the 2010 NHL Stanley Cup Playoffs.

At first, doctors said there was no effect to Lappy’s brain. A second scan revealed a brain contusion, which is essentially a bruise on the brain.
No one expected Laperriere to return to the post season. He missed all 7 games of the Semifinals against the Boston Bruins, and, to everyone’s surprise, rejoined the roster on May 22nd in game 1 of the Conference Finals against the Montreal Canadiens.

Today, Ian Laperriere is facing retirement because of the injuries he sustained 3 minutes and 56 seconds into the third period of game 5 on April 22, 2010.

It is clear now that his return to the game last post season was far too early, probably brought on by a management staff that didn’t want to lose a star player, and a dedicated hockey player downplaying the severity of his symptoms.

Doctors have advised the 36 year old father of two to retire because of nerve damage done to his eye, and the post-concussion syndrome he is now suffering from.
Lappy seems to agree with them:

“When I get the lights going and there is movement around me, it gets worse and worse and I feel like I’m not myself. That’s what scares me, and that’s why I can’t play. They don’t want me to get hit again and I don’t want to get hit. If I feel this bad right now, how will I feel on my next hit? If I’m not sharp out there, especially with my game, I’m going to get killed.” Ian Laperriere

He is out indefinately this season, and no one knows what he will do concerning the rest of his career. It’s hard to see that he can’t play, as he has tremendous skill and even more heart. As Flyers fans, we want him to return to the game, but not at the expense of his life.

Traumatic Brain Injuries can be devastating. Ian Laperriere could be looking at the end of his career, as so many other athletes have after blows the head.

Traumatic Brain Injury: Are you a Victim?

Have you or a loved one suffered from a traumatic brain injury? Was it due to someone else’s negligence? Are you now facing physical limitations and medical bills you are not prepare to handle? Contact a traumatic brain injury attorney at the Mininno Law Office: our hard work and dedication will be necessary to get you the 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.

Video: Lappy Takes Slapshot to the Face (Don’t watch if you are squeamish)

Nursing Home Abuse Prevention: Good Communication is Key

new jersey philadelphia nursing home abuse attorneys good communication negligence injury I have spoken with hundreds of families to discuss whether they can sue for nursing home abuse. Bad, negligent, and abusive care at a nursing home can lead to a number of injuries, including – preventable falls and fractures, bedsores, medication errors, unfulfilled doctor’s orders, and sexual and physical assaults by staff and other residents.
The biggest complaint I hear from these families is that the nursing home does not properly communicate with them or their loved one’s physician. This is troubling for many reasons:

Families expect good communication, and often operate under the assumption that no communication from the staff means no issues for their loved one.
A nursing home resident’s primary care physician is usually limited to one visit to the nursing home per month. Your loved one’s doctor counts on the trained, professional staff at a nursing homes to be their eyes and ears, promptly identifying and communicating potential issues before they get worse.
Nursing homes complain about the cost of many different preventative measures – but good communication does not cost them any extra money.
Nursing homes are required to communicate with family members and physicians by state law.
Good communication between the resident’s good care circle – the nursing home staff / the resident’s family / and the resident’s physician – is the simplest way to prevent the worst nursing home injuries abuse.

New Jersey State law REQUIRES:
(c) The facility shall notify any family promptly of an emergency affecting the health or safety of a resident.
(d) The facility shall notify the attending physician or advanced practice nurse promptly of significant changes in the resident’s medical condition.
[N.J.A.C. 8:39-13.1.]

Why don’t nursing homes always follow this law?

That is a question for which I never seem to get a straight answer whenever I depose a nursing home employee in a nursing home abuse case. I think the answer can be as simple as: they forget, they are lazy, or they are overworked. It could also be as complicated as: they are trying to hide the problem and fix it before anyone knows.
A good nursing home will demand timely communications between their staff and the resident’s families and physicians, and will recognize that communication is a cornerstone of providing good care and preventing nursing home abuse. A bad nursing home will not be vigilant about communication, and will often shock families and physicians when they tell them for the first time about dangerous problems that have clearly been going on for some time.

How do we know / how do we prevent this?

A resident’s primary care physician often responds to news of the resident’s medical problems with something like, “Why didn’t the staff at the nursing home tell me about my patient’s problems sooner?” A resident or their family member often learns about a bedsore by asking the staff, “What is that foul smell?” You will never hear these questions being asked to a nursing home that takes their duty of communication seriously.

Here are some tips to help prevent nursing home abuse injuries to your loved one when they are the resident of a nursing home:

Ask the staff a lot of questions about what could go wrong and how they prevent it.
Ask to be present for all care plan meetings with the Administrator.
Inspect your loved one’s skin for blemishes, bruising, broken skin, puss, and oozing.
Ask the staff to remove bandages so you can see what they are “covering up” (literally and figuratively).
Do not visit your loved one at the nursing home at the same time everyday.
Quickly go up the chain of command to nursing supervisors, the Director of Nursing, and the Nursing Home Administrator if your concerns are not being adequately addressed.
Put your concerns in writing to the Administrator.
Take photographs of anything that looks suspicious, especially problems with your loved one’s skin.

Despite the promises made by the nursing home when your loved one is admitted, you cannot think of a nursing home as a safe haven where your loved one is safe and protected. The better course of action is to think of the nursing home as a babysitter. You can leave your loved one alone at the nursing home – you just need to visit often, ask questions, and inspect your loved one and their surroundings.

NJ and PA Nursing Home Abuse Attorneys at the Mininno Law Office

If you or a loved one are the victim of nursing home abuse and injury, contact a nursing home abuse attorney at the Mininno Law Office. Let our hardworking NJ and PA nursing home abuse attorneys fight to get you the 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.