Nursing Home Abuse Lawyers: Haverford Facility’s Staff Found Not Guilty

Early last year our 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. … [Read more...]

Elder Abuse Lawyers Give Update on Disturbing Case

About a month ago, the elder abuse lawyers of the Mininno Law Office reported on an elderly woman who was being severely neglected by her adult son. Police found Carol Brown, 74, unresponsive in the home of her son James Owens, 52, and rushed her to the hospital but she died just days later. The responders described Brown as “a rotting corpse that was still breathing.” She was found fused to her chair surrounded by her own waste, with a swollen ankle wound containing maggots. It also became clear that Owens had not fed his mother in over a week. Brown’s daughter, Laura Sanders, is incredibly mad at her brother for allowing their mother to die … [Read more...]

Medical Malpractice Attorneys: Canadian Man Dies Awaiting Treatment

Brian Sinclair passed away after he waited 34 long hours in an emergency room awaiting treatment, and now his relatives have filed a medical malpractice lawsuit. The Province of Manitoba is arguing that the Charter of Rights and Freedoms does not guarantee a right to life, liberty and security, which has been the focus of the medical malpractice attorneys for Sinclair’s family. The province is arguing that the charter “guarantees a right not to be deprived of life, liberty, and security of the person in accordance with the principles of fundamental justice.” The province also argues that the government was not negligent in the man’s death … [Read more...]

Medical Malpractice Attorneys: Wisconsin Attempts to Limit Evidence

A bill is currently working its way through the Wisconsin Legislature that would limit the admissibility of certain types of evidence in medical malpractice cases. Medical malpractice attorneys believe that this bill, which is part of a larger tort reform plan, may be over reaching. The new law would not allow courts to consider an apology, expression of condolence, or expression of responsibility by nurses, doctors, or other healthcare providers as evidence of malpractice. The Two Debating Sides Sandy Pasch originally wrote the bill in an attempt to disallow courts to consider healthcare provider’s apologies, but since the bill became … [Read more...]

Medical Malpractice Attorneys and the “Conspiracy of Silence”

Prior to the 1960s, medical malpractice litigation was far less prevalent in society than it is today. Everything began to change when medical malpractice attorneys were able to break the traditional “conspiracy of silence”. This led to many more tort claims and allowed injured patients to seek the compensation that they rightfully deserved. The conspiracy of silence refers to the discouraging of physicians and doctors (who today serve as expert witnesses) from testifying against other healthcare providers in malpractice or negligence lawsuits. A Change in the Protocol of Experts It was very difficult for medical malpractice attorneys to … [Read more...]

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 … [Read more...]

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 … [Read more...]

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 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) … [Read more...]

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 … [Read more...]

Medical Malpractice Attorneys Discuss Evolution of Hospital Liability

In the past, medical malpractice attorneys were extremely limited when bringing lawsuits, especially in determining who could be found liable. Under the doctrine of charitable immunity, hospitals were completely free from tort liability. This doctrine has been eliminated or minimized in many jurisdictions leading to three theories that have been used to hold hospitals liable when their doctors and nurses commit negligent acts. These three theories are known as respondeat superior, ostensible agency, and corporate negligence. Hospitals are Responsible for Their Healthcare Providers Under the respondeat superior theory, a theory that applies … [Read more...]