litigation Archives - Page 5 of 10 - New Jersey Medical Malpractice Lawyers

Medical Malpractice Attorneys Try to Settle on Behalf of Bereaved Family

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Michael Notarangeli is the executor of the estate of Elaine Notarangeli, a Massachusetts woman who was 72 years old when she passed away. The family urges that the delay in diagnosis and treatment of a necrotic bowel led to the woman’s death. Necrotic bowel occurs when there is a lack of blood flow to the region. The family agreed to attempt to negotiate an out of court settlement through mediation with the defendants, including Lakes Region General Hospital, as well as several other doctors. Medical malpractice attorneys generally attempt to settle cases more frequently than they take them to trial in order to provide compensation for their clients more quickly and to avoid the hassle of a long and extensive litigationprocess.

Settlements are the Optimal Solution

An enormous amount of civil lawsuits are settled long before they ever reach the courtroom and there is a good reason for that. The sooner the process comes to an end, the quicker a patient can be compensated for any injuries that have been sustained. Furthermore, medical malpractice attorneys find that as litigation drags on there are increasing costs. Courts are already backed up and it often takes years for a case to get before a judge. Such is the case with Notarangeli. If that a settlement is not reached, it is likely that the case will not be heard until 2013.

Lawsuits and all of their counterparts – preparation, discovery, and investigation – are quite costly. These costs can be avoided if a settlement is reached early on in the process, leaving a much larger amount to a patient in need of compensation. Settlements very often are more beneficial to a victim or a victims family, trying to move on from their tragedy and get on with life.

Medical Malpractice Attorneys in New Jersey and Philadelphia

If you or a family member have recently been the victim of medical negligence, take the time speak with our medical malpractice attorneys about 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) 567-2380 in Philadelphia.

Medical Malpractice Attorneys: Woman Lost Legs and Nearly Lost Life

Sharlee Ann Smoyer was only fifty five years old when she was the victim of medical negligence that changed her life forever. Smoyer’s medical malpractice attorneys argued that a home care nurse, who was treating Smoyer for complications associated with her Crohn’s Disease, did not report a bacteria-infected catheter while caring for the plaintiff. The infection, which became quite serious and nearly killed the 55 year-old woman, led to the amputation of both legs below the knees and a finger on the left hand.

Woman Awarded $23 Million in Damage

new jersey philadelphia medical malpractice attorneys Sharlee Ann Smoyer case

Judge Carol McGinley oversaw seven days of testimony in the case. At the conclusion of the trial, the jury found the nurse, Jolynn Yurchak, and her employer, St. Luke’s Miners Memorial Home Care, liable. The plaintiff was awarded $23 million in order to compensate for pain and suffering, medical expenses, and lost wages. The plaintiff’s lawyers stated,

“Sharlee Smoyer was one of St. Luke’s most vulnerable home-care nursing patients and they refused during this trial to accept even the most basic responsibility for mistakes made in her care.”

The medical malpractice attorneys concluded,

“Ms. Smoyer hopes that the verdict will result in St. Luke’s redoubling its efforts to help prevent catheter-related bloodstream infections in the home-care setting.”

Although the plaintiff was awarded an enormous amount of money, this amount is necessary to help her adjust to the drastic changes that will now shape her life.

Medical Malpractice Attorneys in New Jersey and Philadelphia

If you or a family member have recently been the victim of medical negligence, it is possible that you would like to speak with our professionals. 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 Attorneys Examine the Pros and Cons of Litigation

Recently, there has been much debate over medical malpractice lawsuits and the potential need for tort reform across the United States. Although some experts are quick to “poo-poo” medical negligence cases as attacks on medical professionals, lawyers maintain that an individual’s right to sue is part of their bigger right to compensation for losses at the hands of others. Medical malpractice attorneys will point to certain social goals that are achieved by bringing these cases, while others may counter by pointing to the increased costs, strain on the court systems, and the high prices paid by doctors for some sort of defensive insurance.

Important Social Goals of Medical Malpractice Lawsuits

new jersey philadelphia medical malpractice attorneys examine pros cons litigation One major benefit of medical malpractice lawsuits is that they force healthcare providers to maintain acceptable standards of care. Doctors and nurses will be less likely to implement unsafe practices if they face a potential of being hauled into court and forced to pay for the results of their negligence. With certain reform systems suggesting a cap for damages, the maximum amount that lawsuits would be worth may not be enough to deter healthcare providers from engaging in unsafe behavior.

A second benefit is that verdicts and settlements also serve as a form of punishment. Negligent physicians should be reprimanded for their actions, but without sufficient punitive cost, no punishment is really handed down. Considering that most victims of medical malpractice will never attempt to bring a case against their doctor, negligent doctors, nurses, and other healthcare providers should be forced to answer for their behavior in the event they are called on to do so.

Finally, a third social goal is the compensation of patients who have been injured by negligence. These victims are often left in worse shape after sustaining injuries due to malpractice and it is important for medical malpractice attorneys to seek the compensation necessary to make the lives of their clients as normal and fulfilling as possible.

Medical Malpractice Attorneys in New Jersey and Philadelphia

If you or a family member have recently been the victim of medical negligence, you should speak to our professionals about 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) 567-2380 in Philadelphia.

Nursing Home Abuse Lawyers Discuss “Granny Cams”

There has been some debate over the use of “granny cams” in nursing home facility patient rooms. As technology advances, more and more people are placing cameras in the rooms of their elderly loved ones in order to catch or prevent abuse. Our nursing home abuse lawyers have written about numerous cases of abuse that were discovered because the family suspected something was wrong and decided to place a hidden camera in order to prove suspected mistreatment.

The Debate over Hidden Cameras in Nursing Homes

new jersey philadelphia nursing home abuse lawyers discuss granny cameras Cases have been reported all over the country in which the use of cameras has helped catch abusive and/or negligent nursing home employees. There is still some debate, however, over the privacy issues with hidden cameras in patient rooms. Those against the use of cameras have said that they would,

make hiring new staff more difficult;
cause misinterpretations of incidents; and
violate resident and employee privacy issues.

There are many facilities and individual advocates for the elderly that support the use of hidden cameras. Supporters argue that that the cameras are an effective way to monitor employees that mistreat the elderly residents. According to Georgia Anetzberger, president-elect of the National Committee for the Prevention of Elder Abuse,

“Cameras are used to catch people more than ever before, not just because the technology is there but because it’s more widely accepted.”

Texas is one of the few states that have created laws approving the use of cameras in nursing home facilities. Residents and their families have the right to place cameras if they choose. Patty Ducayet, the state’s long-term care ombudsman, said

“I really do think it is a deterrent… People know you’ve got a device in your room…I think it does have the potential to influence the way someone behaves and cares for you in the privacy of your room.”

Even though the use of “granny cams” has increased, it is still a small part of the population that has opted to use the technology. Most families either do not feel that hidden cameras are necessary, or they don’t want to impose on their loved ones by constantly recording them in their rooms. But these cameras have been vital to the numerous cases of nursing home abuse that otherwise may not have been able to be proven. It should be the resident themselves and their families’ choice whether they want to place cameras in their rooms or not.

Nursing Home Abuse Lawyers in New Jersey and Philadelphia

If your loved one is currently a resident of a nursing home or care facility, we encourage you to visit frequently and be very observant of any scratches, bruises or anything that does not look right. If you are worried that the care they are receiving is negligent, abusive, or inadequate, contact the Mininno Law Office for a free case evaluation. You may also call for a free consultation with one of our nursing home abuse lawyers at (856) 833-0600 in New Jersey, or (215) 567-2380 in Philadelphia.

Medical Malpractice Attorneys: Insurance Costs and Capped Damages

Within the recent whirlwind of tort reform debates, two topics consistently raised are the rising cost of insurance and the potential of capped damages. Victims of medical negligence, such as patients and their families, do not like the idea of capped damages because there is a possibility that capping damages could prevent victims from being fully compensated. Doctors, on the other hand, are fearful of the rising cost of insurance. This group of people will claim that if a high number of medical malpractice claims reach trial, this will force physicians to acquire more insurance which will be pushed off on to the general public, leading to increased health care costs. Medical malpractice attorneys argue that it is important to strike a balance in the tort reform battle.

Medical Malpractice and Tort Reform

new jersey philadelphia medical malpractice attorneys balance insurance costs capped damages
Some experts maintain that caps on damage awards from medical malpractice cases will reduce the number of “frivolous” lawsuits and therefore decrease the amount of malpractice insurance premiums. Some lawyers will claim that enacting these caps will have a much bigger effect by threatening to take away an individual’s rights to compensation following a preventable medical error. Frivolous lawsuits represent an extremely small portion of lawsuits and it is unlikely that a jury would return a verdict in favor of such a claim.

A second major issue discussed by some experts is that medical malpractice claims are driving up malpractice insurance premiums, causing a rise in health care costs. Medical malpractice attorneys have a different view and associate the increase in malpractice premiums with the sluggish state of our economy. Malpractice costs are less than two percent of total health care spending and therefore not likely the blame for the rise in health care costs in our country.

Medical Malpractice Attorneys in New Jersey and Philadelphia

Nursing Home Neglect Lawyers: CNAs Took Unauthorized Photo of Resident

Unfortunately, among a sea of good, attentive, and compassionate nursing home caregivers, exists a great many negligent, abusive, and careless nursing home caregivers. As nursing home neglect lawyers, we hear about, on a daily basis, different types of abuse ranging from the horrible cases that end in serious injury and even death, to cases where the staff takes advantage of their power through inappropriate behavior such as theft, fraud, or sexual abuse.

CNAs Shared Cellphone Photo of Resident with Other Staff Members

new jersey philadelphia nursing home neglect lawyers Colonial Hills center
The Colonial Hills Nursing Center in Tennessee has undergone an investigation after two certified nursing assistants took an unauthorized photo on a cell phone of a resident and then forwarded the photo to “an undisclosed number of staff members” and one of the CNA’s teenage daughter. On July 22, the shoulders-up, fully clothed photo was taken after a clean brief fell on the resident’s head. They took the photo because they found the incident “humorous” and “endearing.” The picture was said to be blurry and the resident was not clearly identifiable. Both CNAs were fired and the facility was fined $6,000 from the state and $4,550 a day from the Centers for Medicare and Medicaid Services until the violations are corrected. According to the report, the incident was “a violation of dignity” and the facility failed to protect the resident, enforce policies against employees using cellphones in patient areas and taking photos in the home, and to properly investigate the incident. The state suspended admissions to the nursing home after inspections found more violations. The facility submitted a plan for correcting their problems and the state lifted the suspension.

Nursing Home Neglect Lawyers in New Jersey and Philadelphia

If your loved one is currently a resident of a nursing home or care facility, pay attention to the quality of the nursing staff. If you are worried that the care they are receiving is negligent, abusive, or inadequate, 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.

Medical Malpractice Lawyers: Vet Dies from Lethal Drug Combination

Chris Anglesey was a 32 year old U.S. Army veteran who was awarded a Bronze Star after he was partially disabled when his vehicle was hit by a rocket propelled grenade on its way to helping a downed helicopter. He suffered traumatic brain injury and post traumatic stress disorder, which he was being treated for at the George E. Whalen Veterans Administration Hospital in Salt Lake City, Utah. After surviving war, medical malpractice lawyers are now fighting to get his widow compensation for his death after a medication mistake.

VA Hospital Doctors Did Not Monitor Drug Combination

new jersey philadelphia medical malpractice attorneys Chris Anglesey irak vet case Last year Anglesey went to the VA hospital after he tripped and fell over some toys in his home. He suffered a broken right tibial plateau and was kept overnight but sent home the next day with some painkillers. He returned to the hospital three days later with respiratory problems and required oxygen. Two days after that, the veteran was found unresponsive in his home and was not able to be revived.

Chris Anglesey’s wife, Kathy Anglesey, has filed a lawsuit claiming that her husband died due to a medication mistake at the hospital. She claims that he was prescribed drugs for his knee injury that should have not been combined with the drugs he was already taking. The cause of death was “mixed drug intoxication and pulmonary embolism due to (or a consequence of) recent right leg fracture.” The autopsy found six drugs in his system, hydromorphone, morphine, zolpidem, promethazine, mirtazepine and citalopram, drugs that treat pain, insomnia, allergies, and depression. Anglesey took the medication that was prescribed to him according to the instructions he was given. According to the suit, the doctors allegedly did not look closely enough at the risk of the interaction between what they were prescribing and what he was already taking. The second time he came to the hospital should have been a warning to the doctors that something was wrong.

Chris worked as a paramedic/firefighter and survived war in Iraq, only to die at 32 because his doctors made a fatal error. Anglesey’s medical malpractice lawyer is seeking damages that cover medical expenses, funeral services, lost earnings and financial support as well as lost love, comfort, and protection.

Medical Malpractice Lawyers in New Jersey and Philadelphia

If you or a family member has recently been the victim of medical negligence, and you would like to speak to someone about your legal options please contact the Mininno Law Office for a free case evaluation. You may also call for a free consultation with one of our medical malpractice lawyers at (856) 833-0600 in New Jersey, or (215) 567-2380 in Philadelphia.

Birth Defects Attorneys Discuss Psychosocial Problems in Children

Many children who suffer from oral malformations like cleft lips or cleft palates will also suffer from the psychosocial problems associated with looking different from everyone else at a young age. Often, doctors will suggest surgery when a child is born with a birth defect , in hopes of correcting the issue and allowing a child to live a normal and healthy life, free of rejection and taunting connected with their birth defect. Unfortunately, some people do not have their malformations corrected in their early years and those individuals are at a higher risk to develop issues with self image and self esteem.

The Challenge with Adolescents

As children grow older, a birth defect may have a more drastic effect on their self-esteem, social skills, and behavior. This elevated risk could have a dramatic influence on how individuals view themselves and could harm their ability to form relationships with peers. Increased anxiety and dissatisfaction with peer relationships can probably be linked to the associated stigma of visible deformities and speech abnormalities. The challenge for families of adolescents with birth defects is to be aware of the psychosocial challenges that these people may face. Professionals note that it is well documented, through various forms of research, that these individuals face some difficult challenges as they grow older. Birth defects attorneys urge parents and families to seek professional help if any issues do arise.

Birth Defects Attorneys in New Jersey and Philadelphia

Many parents who have children born with a cleft lip or cleft palate are often overwhelmed and, in some instances, confused about their legal rights. In cases where Topamax is involved, our professionals will indeed be necessary. Topamax is an anti-epileptic drug used to treat epileptic seizures and migraine headaches. The drug has been shown to cause the development of oral clefts in utero when taken by pregnant women. If you given birth to a child with a cleft lip or cleft palate and you believe Topamax may be to blame, 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 Attorneys Warn About Medication Errors in Infants

Unfortunately, medication errors occur in hospitals far too often. In adult patients, these mistakes can cause a variety of problems, but in children and infants, the slightest variation from the prescribed dosage can be fatal. As medical malpractice attorneys , we see these unfortunate cases all of the time and want to remind new parents that infants are much more vulnerable when it comes to medications and need to be monitored closely.

Family Sues after Infant Dies from IV with 60 Times the Ordered Sodium Dose

new jersey philadelphia medical malpractice attorneys warn about infant medication errors Fritzie and Cameron Burkett have filed a medical malpractice lawsuit against Advocate Lutheran General Hospital for the death of their 6-week-old son Genesis Burkett. On October 15, 2010 Genesis died only one month and nine days after he was born prematurely because of a preventable medication error at the hospital. The pharmacy technician incorrectly filled the doctor’s orders for the IV fluid and the boy was given “approximately 60 times the dose of sodium ordered by the physician.” Originally, the bag was labeled correctly but was relabeled, displaying an incorrect dosage. Advocate Healthcare spokeswoman Kelly Jo Golson acknowledged an “error” saying “A hospital error led to the incorrect concentration of sodium in [Genesis’s] IV solution…Our prayers continue to be with the family.”

According to the family’s medical malpractice lawyer Patrick Salvi, the parents “are devastated. They had a couple of failed pregnancies that ended in miscarriages in the early months, but this child was doing very, very well… The innocent infant died of malpractice, plain and simple. And we intend on proving it in court.”

Medical Malpractice Attorneys in New Jersey and Philadelphia

If you or a family member has recently suffered the wrongful death of an infant or has been the victim of medical negligence, and you would like to speak to someone about your legal options 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.

Elder Abuse Lawyers: Elderly Woman Escapes Abusive Caretaker

As elder abuse lawyers, we want to increase the awareness of elder and nursing home abuse and hopefully help prevent the elderly from falling victim to all different forms of elder abuse. We want to encourage people that, even if they find themselves being taken advantage of physically, mentally or financially, it is never too late to escape the abuse. If you are not being taken care of or treated with dignity and respect by a caretaker, it is time to escape the situation. By alerting someone you trust, you can take the first step towards bettering you’re situation. Do not be afraid to call 911 or an ambulance if you need medical attention because of neglect or abuse.

Woman Rushed to the Hospital for Severe Weight Loss and Bedsores

new jersey philadelphia elder abuse lawyers elderly woman escapes abusive caretaker Lea Marie Hughes, 36, was arrested for vulnerable adult abuse of the 64-year-old woman that she had been caring for. Hughes, her boyfriend, and her two children moved into the home of the victim five years ago so Hughes could begin caring for the woman who has multiple sclerosis and has been bedridden for two years. When a visitor recently came to the house, the elderly woman asked that person to take a picture of her back. When the victim saw how bad the bedsore on her back was she asked to be taken to the hospital. At the Tucson Medical Center they discovered that the bedsore was open to the bone. The victim weighed 90 pounds and needed a blood transfusion.

When the police began to investigate Hughes, they discovered that the home was littered with garbage, maggot infested rotten food, dog feces, urine, and vomit. The victim told police that Hughes gave her one sponge bath a week, only allowed her to drink one and a half quarts of liquid a day (so she would not have to use the bathroom), and only fed her between 700 and 1,000 calories per day. She said that she had only been outside twice and had not seen a doctor in over a year. She kept a diary of all of the abuse that she suffered under Hughes’ care. Hughes and her family were evicted from the victim’s home and all power of attorney privileges were revoked. She is facing charges of elder and child abuse as well as suspicion of unlawful imprisonment and emotional abuse of a vulnerable adult. The victim saw an opportunity to save herself from the abuse she was suffering and took advantage of it.

Elder Abuse Lawyers in New Jersey and Philadelphia

If your loved one is currently under the care of an individual, or they are a resident of a nursing home or care facility, and you are worried that the care they are receiving is negligent, abusive, or inadequate, contact the Mininno Law Office to speak with elder abuse lawyers 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.