Medical Malpractice Attorneys – Judge-Directed Negotiations

The Obama Administration has given money grants to states as part of its health-care plan in order to launch a variety of projects in an effort to limit the rising costs and expenses of lengthy medical malpractice litigation. New York has taken those federal funds and run with them, creating a new approach known as “judge-directed negotiations“. Medical malpractice attorneys will now have the ability to sit down with opposing counsel and the judge much earlier in the litigation process in an effort to discuss potential settlements. This is a major step forward because now lawyers will be able to meet and discuss potential agreements months after a complaint is filed, as opposed to years later as the current system operates.

Early Case Settlements Mean Less Court Costs

new jersey philadelphia medical malpractice attorneys judge directed negotiationsWith both parties meeting with an honest and neutral party, the judge, it is easier to get a true hold on how the parties can meet in the middle, at a fair amount of damages. We believe this process will probably result in somewhat smaller awards for plaintiffs but it will be paid far earlier than waiting for a verdict. Trials can drag on for years and years, this process should allow the parties to reach an agreement after only months. This will allow plaintiffs to get money much sooner, which in many cases is necessary as bills begin to stack up. Michelle M. Mello, a Harvard professor, said that “ordinarily when the parties come to a settlement conference, it’s late in the game.” This will no longer be the case with the success of judge-directed negotiations. The approach has been limited to New York City courts thus far but it is expected to spread rapidly due to its apparent success.

How the Program Works

In New York, cases are assigned to a judge in the early stages of the legal process. Judges will often have a background in medical issues and a nurse with legal training also helps the judge. Frequent meetings are held between the medical malpractice attorneys and the judge, without clients present, to discuss the case. The medical malpractice attorneys must have the authority from their clients to settle the case. With more frequent interaction and more expedience in the legal process, medical malpractice attorneys should be able to achieve their clients’ goals in a much quicker and more efficient manner.

Medical Malpractice Attorneys in New Jersey and Philadelphia

If you or a family member has recently been the victim of medical negligence, it is possible that you would like to speak with one of 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: How The Litigation Process Works

Following an injury due to medical negligence, patients and families frequently seek legal representation in order to set forth a claim in court. Plaintiffs can be a wide range of individuals including the patient, a party acting on behalf of the patient, or even the executor of a deceased patient’s estate. Once medical malpractice attorneys begin representation, the lawsuit is filed within the appropriate jurisdiction and the legal process is underway. Although it may seem like a long and confusing endeavor, the startling frequency of incidents of medical negligence make filing a lawsuit one of the only ways to seek justice and compensation today.

Elements of a Medical Malpractice Case

new jersey philadelphia medical malpractice attorneys explain how litigation process worksSince the plaintiff is the party bringing the lawsuit, the patient, and his or her medical malpractice attorneys, bear the burden of proving all of the necessary elements of the case by a preponderance of evidence (also known as the “more likely than not” standard). There are four key elements involved in a medical malpractice lawsuit.

  • First, it is necessary to prove that a legal duty was owed by the healthcare provider to the patient.
  • Secondly, it must be proven that the healthcare provider breached the duty of care that they were supposed to fulfill.
  • Thirdly, the patient must show that because of the breach, they sustained an injury.
  • Finally, even if a patient is able to show that their healthcare provider acted negligently, this is not enough. We need to show damages to ensure that there is a basis for the claim.

Settlement or Trial?

A large majority of cases are settled without ever reaching the inside of a courtroom. If both sides are able to reach a fair and reasonable agreement, lawyers will try to settle the claim. Without an agreement, the case will proceed to trial. At trial, both parties will present evidence and expert witnesses to testify as to the standard of care that is required and whether or not the healthcare provider lived up to that standard. The finder of fact, whether it is a jury or just the judge, will then weigh all of the evidence and determine which side is more credible. Attorneys will attempt to prove their case in order to provide their client the proper compensation for the injuries that they have sustained.

Medical Malpractice Attorneys in New Jersey and Philadelphia

If you or a family member has recently been the victim of medical negligence, it is possible that you would like to speak with one of 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.

Defective Products: Plaintiffs Win Class Action Drywall Lawsuit

A tentative settlement was reached earlier this month in a defective products lawsuit involving Florida homeowners and the supplier of Chinese drywall. The settlement amount is a reported $54.5 million dollars, which is to be used to repair Florida homes. It is estimated that between two and three thousand homes have been infiltrated by this defective drywall. The defective products lawsuit was brought after it was discovered that the drywall contained dangerous toxins that were corroding pipes and electrical wiring and giving off foul odors which led to headaches and breathing problems.

Over a Million Sheets of Drywall Sold in Florida

new jersey philadelphia defective products attorneys banner supply Class Action Drywall LawsuitA Miami company, Banner Supply, sold 1.4 million sheets of the defective drywall to various builders throughout the state of Florida. Homeowners will now be compensated due to the corrosive material that was used in their homes. This problem, with Chinese drywall, began to grow in the time after Hurricanes Katrina and Rita hit the southern coast. Chinese drywall was imported into the States in large numbers as the call to rebuild homes grew louder.

Following the discovery of the defective nature of the drywall, countless lawsuits were filed against various distributors, manufacturers, and installers, including Banner Supply. Banner Supply believes that they were lied to about the overall quality of the drywall when they purchased the defective products from Knauf Group, a German distributor. Although Banner and their insurers were forced to pay out for this large settlement, it is foreseeable that they will seek damages from the actual manufacturers and distributors that previously handled these defective products. It is not quite clear who is truly at fault for the defective drywall, it could be the Chinese manufacturer, the German distributor, or the American supplier. In any event, it is a great win for Florida plaintiffs who suffered from the defective drywall. This settlement should allow many homeowners to replace the Chinese drywall in an effort to make their homes a safer place.

Defective Products Lawyers in New Jersey and Philadelphia

If you have recently been injured due to a defective product, it is possible that you have some questions. 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 Win California Man Justice

Medical malpractice attorneys and their client, a California man, came out victorious following a jury trial over the negligence of a medical center and an anesthesiologist. The California jury awarded the plaintiff $2.25 million as compensation for the brain injury that he sustained. The lawyers’ complaint alleged that the anesthesiologist let the patient go too deep under the anesthesia.

Routine Eye Procedure Leads to Significant Brain Damage

new jersey philadelphia medical malpractice attorneys win california man justiceThe patient went to the Mazzocco Ambulatory Surgical Center to have the lens on one of his eyes replaced with an artificial counterpart. The operation was categorized as standard and was only scheduled to last about two hours. The anesthesiologist assigned to the man reportedly had a history of walking out of the operating room while patients were under the effects of the potent drug. In the case that lead to the lawsuit, the patient was led into a deeper level of sedation than necessary.

The plaintiff’s medical malpractice attorneys urged that the physician had either left the room or had left the patient unattended. The stopped breathing and, in the absence of a physician, did not receive immediate and necessary attention. Since oxygen was cut off to the brain, the man suffered an anoxic brain injury, which is commonly known as cerebral hypoxia. This type of injury is extremely serious and lawyers claim that it could be life threatening and cause permanent cognitive damage to patients, potentially leaving them disabled.

Prior to trial, the anesthesiologist settled with the plaintiff. At trial, the plaintiff was further awarded upwards of two million dollars for his traumatic situation.

Medical Malpractice Attorneys in New Jersey and Philadelphia

If you or a family member have recently been victimized medical negligence, you shouldn’t waste any time in contacting a medical malpractice attorney. 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 Win $3 Million for Young Girl

The difference between a civil trial and a criminal trial is easy. In a civil trial, the jury must reach a majority opinion based on a “more likely than not” standard, as opposed to the criminal law requirement of a unanimous decision which is beyond a reasonable doubt. Thankfully for young Hannah Tilton, a ten year old girl who is severely disabled, the civil jury system worked out. In a six to three decision, a jury found that midwife, Irene Meyers, had breached the standard of care when she oversaw Hannah’s birth which led to dramatic injuries. Medical malpractice attorneys say that following a nine day trial, spanning three weeks, the jury got this case right after about six hours of deliberation.

Money Damages Help but They Certainly Aren’t Enough

medical malpractice attorneys in nj and paYoung Hannah Tilton was awarded $2.3 million for medical and health care expenses that she will incur in the future, $345,000 for medical expenses that she and her family have already paid, and $500,000 for the girl’s permanent impairment and loss of enjoyment. The young girl was born with severe mental retardation which has left her confined to a wheelchair. Furthermore, she must use a feeding tube for sustenance and maybe worst of all, she is blind and can’t speak or verbally communicate. Hannah was diagnosed with Kabuki Syndrome but her medical malpractice attorneys urged that she must have suffered a serious injury during birth due to a lack of oxygen. In a tight vote, the jury decided that Meyers failed to follow the standard of care when she was charged with overseeing the delivery and her negligence caused these significant injuries. Medical malpractice attorneys believe that this is a major victory for a plaintiff who has suffered an inordinate amount in her young life.

Medical Malpractice Attorneys in New Jersey and Philadelphia

If you or a family member has recently been the victim of medical negligence, it is possible that you would like to speak with medical malpractice 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 Reform Strikes in North Carolina

The North Carolina Senate has recently passed a bill that is expected to reform medical malpractice laws. Specifically, the bill will limit the amount of money plaintiffs can be awarded following a civil trial within the state. The legislature’s hope is that with the liability of medical malpractice limited, higher quality doctors and medical personnel will stay within the state. The goals of the Senate also include a hope to lower health care costs because as liability decreases, the cost of medical malpractice insurance will also become lower. Although it is a great advantage for the state to have lower health care costs and more respected medical personnel, this action may also limit the availability of just remedies to those who are hurt by medical malpractice and negligence.

Patient’s Remedies Become Limited

medical malpractice lawyers in nj & paPatients in North Carolina will still be able to recover medical costs and lost income that result from medical malpractice or negligence. However, there will now be a $500,000 cap on the amount juries are able to award for non-economic damages, such as pain and suffering. A safeguard is included for plaintiffs which says that this cap is not relevant when a doctor or health care providers conduct is seen as grossly negligent, fraudulent, intentional, malicious, or reckless disregard for others that results in death, permanent injury, disfigurement, or loss of a part of the body. This exception does not cover incidents when patients are seriously injured by medical malpractice that does not fall into one of these narrow exception categories. North Carolina Senate President Phil Berger stated:

“Our citizens suffer in a lottery-like system that lets trial lawyers win big while doctors flee to states where they can practice without fear of unfair lawsuits. I commend our members for reaching a reasonable compromise.”

What Berger fails to recognize is that the legal system and judges are in place to decide when a lawsuit is unfair. If a judge allows a case to go to trial, why shouldn’t injured patients be allowed to collect damages that a jury of their peers found fitting? Medical malpractice and negligence is the problem, plaintiffs who collect money following extreme pain and suffering is justice. Limiting the amount of money that severely injured people can collect is extremely unfair, especially when much of that suffering comes at the hands of doctors that are paid to be attentive, not negligent.

Medical Malpractice Attorneys in New Jersey and Philadelphia

If you or a loved one has recently undergone a medical procedure but are still in pain which you believe can be attributed to medical malpractice, it is possible that you have some questions. Please contact the Mininno Law Office at 856-833-0600 in New Jersey, or 215-567-2380 in Philadelphia.

Medical Malpractice Attorneys File Lawsuit for Child’s Death

Medical malpractice attorneys have filed a lawsuit in Nebraska, in the Douglas County District Court, following a case of medical malpractice which led to the death of a two year old. Almariah Izabel Duque was approaching two years of age when her life came to an abrupt end. The young girl was given ten times the recommended dose of heparin as she was undergoing kidney dialysis. We have unfortunately found that this type of tragic occurrence is not uncommon in the medical world today.

Family Seeking Damages for Their Little Girl’s Death

new jersey philadelphia Medical Malpractice Attorneys file lawsuit heparin drug deathThe Duques brought their baby girl to Nebraska for a transplant after she was born with congenital defects. Almariah received a pancreas, liver, and small bowel transplant in late December of 2009. She was discharged from the hospital a few months later but quickly returned as she developed an infection.

The infection caused her kidneys to shut down, requiring her to undergo dialysis. The problem arose when the pump, used to disperse heparin, malfunctioned. The young child was given nearly ten times the proper dose. The mistake was not discovered for five hours and it caused severe bleeding in Almariah’s brain. The young girl passed away two short days later. The parents of the girl have filed a lawsuit seeking money damages for Almariah’s wrongful death, her suffering while she was living, and their emotional distress over losing their young child.

We also believe that the family will challenge the constitutionality of a state law which caps the maximum medical malpractice verdict award at $1.75 million. This issue has been litigated before, and in 2003, four judges left the door open for a challenge of this law because it may infringe on the right to due process.

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 – $2.6 Million Verdict for Plaintiff

Jorge Rosado was awarded a $2.6 million verdict following a short trial. Rosado filed the lawsuit against Dr. Richard Perugini and UMASS Memorial Medical Group. Rosado was scheduled to have a laparoscopic hernia operation in the summer of 2004 when he was twenty one years old. Medical malpractice attorneys say that Mr. Rosado’s serious health issues began after a surgical tack ended up in his small bowel rather than the lining of his stomach during the initial surgery. This medical malpractice forced the young man to undergo eight additional operations over the span of five months, landing him in intensive care with a breathing tube.

Plaintiff is Compensated Following Traumatic Year

Medical Malpractice Attorneys in NJ & PAOver a span of five months of constant medical procedures, Rosado also underwent an ileostomy and suffered with an open abdominal wound. Medical malpractice attorneys , and later a jury, believed that Dr. Perugini should have closely monitored where he placed the tacks during surgery. This manner of careful monitoring would have ensured that the tacks were placed in the lining of the stomach as opposed to the wall of the small bowel. It is also believed that the tack could not have fallen into the wall of the small bowel, as the defense team argued, had it been properly secured during the procedure. Dr. Steven Cohen stated that he believes that Rosado’s “spiraling complications” would have been avoided with proper treatment and care. The medical malpractice attorneys who handled the case believe this verdict was a just result in part due to the life altering complications and the long and extensive recovery period. Rosado is now at risk of continuing bowel obstructions for the rest of his life, which could lead to the need for additional operations. In a 10-2 jury vote, the plaintiff was awarded $2 million for pain and suffering, over $586 thousand for his medical costs, and nearly $18 thousand for loss of earning capacity during the tumultuous months of operations and recovery.

Medical Malpractice Attorneys in New Jersey and Philadelphia

If you or a family member has recently been the victim of medical negligence, it is possible that you would like to speak with medical malpractice 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.

Bed Sore – The Fourth and Final Stage: Free Consultation

Bed sore lawyers say that the fourth and final stage of pressure sores brings about a large scale loss of tissue. Some wounds may be so deep that tendons, bones, and muscles can actually become exposed. Within the depths of the wound, slough (dark dead tissue) and significant drainage is likely built up. We know that the fourth stage signifies deep and widespread skin damaged caused by the bed sore. Medical attention is required to preserve the health and life of patients.

The Road to Recovery

new jersey philadelphia bedsore attorneys fourth stage final recoveryPeople need to get in contact with their doctor or health care provider as soon as possible. This stage of bed sores can lead to a serious deterioration of health and even worse, it could cause death. Following a medical consultation, it is imperative that people closely monitor the status of the bed sore. We know that the first sign of recovery will be that the wound will slowly begin to diminish in width and depth. New tissue will begin to form along the edges of the sore, which will generally be a light pinkish color. People may also notice blood at the site of the wound: although most people usually see blood as a bad sign, in the case of bed sore recovery it is actually a positive sign. Bed sore attorneys believe that blood shows that there is good circulation in this region of the bed sore which will help the region begin to heal.

Bed Sore Attorneys in New Jersey and Philadelphia

If you or a loved one has recently suffered from a pressure sore which you attribute to neglect or mistreatment, 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.

Bed Sore – Stage Three, Signs and Suggestions: Free Consultation

The third stage of the bed sore progression brings about significant changes and a more dramatic wound. Unlike stage two, where the wound only extended into the top layer of the skin, stage three has a much more extended skin break. The breakdown in the skin now extends through the second layer of the skin, known as the dermis, into the fat and subcutaneous tissue. Bed sore lawyers say that the wounds in stage three are noticeably deeper than in prior stages.

How to Care for a Stage Three Bed Sore

new jersey philadelphia Bed Sore lawyers stage three signs suggestionsMany of the general treatment suggestions from previous bed sore phases remain similar in stage three. Once again, it is essential to keep pressure off of the pressure sore. We stress the importance of frequently changing positions and alleviating the pressure between the wound and outer surfaces, such as wheelchairs and beds. Cleaning the sore and maintaining good hygiene is once again crucial to the healing of a pressure sore. Yellow shaded dead tissue, known as slough, may appear within the wound which is a main reason cleanliness carries such importance at this stage. Our professionals also advise that maintaining a healthy diet during stage three is important to strengthen the skin. Wounds that are present in stage three almost always call for additional care and treatment. Special cleaning, antibiotic medication, or specially created beds and mattresses may be suggested by a physician to help limit pressure and promote recovery.

Bed Sore Attorneys in New Jersey and Philadelphia

If you or a loved one have recently suffered from a pressure sore which you attribute to neglect or mistreatment, you probably would like to speak with a bed sore attorney. 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.