Tag: Malpractice

The US Food and Drug Administration has issued a class 1 recall for a number of Cardiac Science’s Automated External Defibrillators (AEDs). A class 1 recall, as described on the FDA’s website, is issued for

“dangerous or defective products that predictably could cause serious health problems or death. Examples of products that could fall into this category are a food found to contain botulinal toxin, food with undeclared allergens, a label mix-up on a life saving drug, or a defective artificial heart valve.”

The FDA’s recall comes after Cardiac Science issued their own voluntary recall of the same products. Medical malpractice attorneys urge patients who may be affected by these recalls to speak with their doctors immediately and contact an attorney. Below is the FDA’s actual announcement.

new jersey philadelphia medical malpractice lawyers, medical malpractice attorneys

Medical Malpractice Attorneys in New Jersey and Philadelphia

If you or a loved one may be affected by this or any other FDA recall, contact the personal injury and medical malpractice attorneys of Messa & Associates by calling 1-877-MessaLaw, or by submitting an online inquiry for a free case evaluation.

Harvard Medical School, along with a number of other Massachusetts health institutions, executed a survey among doctors and medical professionals regarding their honesty with patients. The study and it’s findings were published in the medical journal Health Affairs. Unfortunately, medical malpractice attorneys aren’t shocked by some of the survey’s results.

Medical Malpractice Attorneys Concerned with Survey Results

philadelphia and new jersey medical malpractice attorneys, new jersey lawyers, medical malpractice lawyers, philadelphia medical malpracticeThe team of med students and medical professionals aimed to discover how honest doctors believe they should be, and in turn actually are, with their patients. The survey was carried out in 2009 and involved almost 1,900 practicing doctors from the United States.

While the majority of doctors and physicians believe that patients should always be told all of the truth, there was a substantial minority of practicing doctors that do not agree that patients need always know the whole truth about their treatment. This opinion and possible basis of practice is a direct violation of The Charter on Medical Professionalism, which insists on openness and honesty. The Charter was penned in 1999 by medical entities in both the US and Europe. It is argued by some that the charter, while not outwardly proclaiming to do so, aims to replace the Hippocratic Oath as a medical guideline for professionalism and patient safety. It is backed by over 100 professional organizations world wide, including the US Accreditation Council for Graduate Medical Education.

The survey inquired as to how closely its participants followed the principles set forth in the Charter when it came to conveying information to patients. Authors of the Health Affairs article reported the following:

  • The vast majority of doctors believe they should be 100% honest with their patients regarding the pros and cons of certain medical treatments. That same majority also agrees that they should never reveal confidential patient information to unauthorized persons.
  • About one third of the doctors surveyed don’t believe it’s necessary to disclose serious medical errors to patients.
  • Almost one fifth of the doctors surveyed believe that lying to patients in certain situations is justified.
  • Forty percent of surveyed doctors believe it is unnecessary to habitually disclose information about their financial relationships with pharmaceutical or medical device companies.
  • About 1 out of every 10 doctors surveyed admitted to lying to at least one patient in the 12 months prior.

The article’s authors suggest that the survey results could mean a large gap between what patients know as true and what actually is. They wrote:

“(our findings raise concerns) about whether patient-centered care is broadly possible without more widespread physician endorsement of the core communication principles of openness and honesty with patients.”

Philadelphia and New Jersey Medical Malpractice Attorneys

Doctors take an oath to always act in the best interest of their patients; it is the most crucial part of their job. If you believe that you’ve been deceived by your physician, or that physician acted negligently in your treatment, contact the Philadelphia and New Jersey medical malpractice attorneys of Messa & Associates, P.C. Our attorneys are experienced and skilled in earning substantial compensation for injuries sustained due to medical errors. Call, toll-free, at 1-877-MessaLaw, or submit a free online inquiry for a free case evaluation.

If you would like to speak with someone immediately, simply click the link to your right that says “CHAT LIVE!” A representative will be able to help right now.

Medical Malpractice Lawyers Win $2.5 Million

A jury awarded Amy Garcia, 29, and her medical malpractice lawyers
$2.5 million in her lawsuit against St. Joseph Mercy Hospital in Ann Arbor, Michigan. In 2007, Garcia suffered a miscarriage and lost her 14-week fetus. Dr. Norman Gove, an obstetrician and gynecologist, told Garcia she needed a dilation and curettage procedure. He told her it was a routine procedure and she would “be home by lunch.” “I was assured by the doctor that the procedure would be quick and that I would be out quickly,” said Garcia.

Unsupervised Resident’s Mistake Causes Permanent Damage

medical malpractice lawyers in NJ and PA Unknown to Garcia, a resident physician performed the procedure and dilated Garcia’s cervix and the uterus was then perforated. Dr. Gove did not properly supervise the resident. When ring forceps were inserted through the perforated uterus in order to remove the fetal remains, he grabbed a piece of bowel that snapped back. As a result of the mistake Garcia’s rectum and bowel were torn. Garcia then required an Ileostomy, where they created an opening on the surface of her skin to pass intestinal waste that is collected in a bag worn outside of her body. She wore this bag for three months after the procedure. She lost part of her bowl and rectum and still suffers from pain, scarring, and altered bowl patterns.

When asked if she knew a resident was going to perform the procedure, Garcia said:

“When the procedure was taking place I was only aware of Dr. Gove performing it. I was shocked to discover the resident had taken over after the procedure had taken place…I definitely now give more thought to the term ‘routine procedure’ and I urge anyone to think twice when being told the same. I know resident doctors need to learn, but when I have a choice I don’t think I would ever let another one perform any type of procedure on me after what happened.”

Medical Malpractice Lawyers 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 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.

Kevin Parsons was a successful physician practicing in the fields of geriatric and internal medicine. Tragically, Parsons was diagnosed with Lambert Eaton Myasthenic Syndrome (LEMS), an extremely rare autoimmune disorder. Medical malpractice attorneys have found that the disorder is so uncommon that it only affects 300 people on the face of the earth. Parsons devoted the next twenty years of his life researching and writing on LEMS as well as advising others with this terrible disorder. Through his far-reaching research, Parsons determined that a stem cell transplant might be a potential cure for LEMS, so he traveled to Chicago to undergo the procedure at Northwestern Memorial Hospital.

Unrelated Malpractice Ends Parson’s Search for a Cure

medical malpractice attorneys in nj and pa While at the hospital awaiting his transplant, an unrelated instance of medical negligence led to serious medical issues for Dr. Parsons. Parsons was accidentally given a dose of insulin from a nurse who failed to read a note that specifically stated that no insulin be administered. Medical malpractice attorneys believe that the insulin led Parsons into a diabetic coma and eventually caused his death only three weeks later. That’s when medical malpractice attorneys took on the case of Parson’s widow and family to seek justice for the alleged malpractice. The case never reached trial, which allowed the parties to avoid a lengthy litigation process. The two parties agreed to settle for a sum of approximately $5 million earlier this month. It appears that nurses had previously complained to higher-ups that the healthcare providers, on the floor Parsons was located, were overworked and given far too many patients.

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 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 Attorneys Argue Many Cases in NYC

The country’s largest metropolitan area, New York City, was home to an enormous amount of medical malpractice lawsuits stemming from the actions of healthcare providers at public hospitals. Medical malpractice attorneys point out that much of the money paid out in damages came directly from taxpayers. Due to the negligence and malpractice of healthcare providers, 246 cases were completed in 2011 and the damage amounts are startling. The total number of payouts in New York City was up 5% to $135 million, $7 million more than the 2010 totals.

Two Shocking Cases from 2011

medical malpractice attorneys in nj and pa First, Damian Saul, 43, suffered a massive stroke while he waited for hours to see a physician at a city hospital. Upon his arrival, Saul informed a nurse that he was having trouble with his sight in one eye. This should have been recognized by the nurse as an initial sign of a stroke. The ensuing stroke left him almost completely paralyzed and he was unable to speak clearly. His medical malpractice attorneys reached a settlement of $5.5 million. His medical malpractice attorneyswere quoted as saying,

they did nothing, whoever was doing the triage was incompetent, they just weren’t listening to him.

Next, a 38 year old woman, who wished to remain anonymous, went to see a dentist to have her abscess drained. Unfortunately, her physician allowed her to be discharged from the hospital before requesting a culture test of the infected tissue. Had this test been requested, he would have recognized she suffered from an infection known as MRSA. Today, that cheek infection has led to her paralysis. The woman’s attorney, Sam Rosmarin, stated,

The tragedy here is that this could have been avoided. Her complete dependence on others as a result of someone’s negligence is a horribly unfair existence.”

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 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.

The long and troubled journey of Malyia Jeffers now has found closure following a settlement between her family and Methodist Hospital, in California. The Sacramento girl was forced to wait five hours in an emergency room for medical attention regarding an infection. The girl was running a fever and was weakened due to a strep infection. Medical malpractice attorneys believe that due to the long wait she endured at Methodist Hospital, she lost her feet, her left hand, and part of her right hand. Once she finally did receive medical assistance, she was immediately flown to Stanford University where she was diagnosed with septic shock.

Damage Award Necessary for Child to Survive

medical malpractice attorneys in nj and pa Jeffers’ family agreed to a settlement with Methodist Hospital and emergency room workers in the amount of $10 million. Medical malpractice attorneys believe that $9 million will come from the hospital while the remainder will be paid by Emergency Physicians Medical Group of Sacramento, resulting in one of the largest awards in California history. Some of the money will go towards current expenses and the remainder will be given to young Malyia, beginning in 2026 on her 18th birthday, at $16,000 per month. Although California has a damage cap in place at a quarter of a million dollars, this only limits damages related to “pain and suffering”. Medical malpractice attorneys believe that this settlement was properly designed to avoid the cap and attribute the amounts of money to different types of damages. Hopefully, this amount of money will help the young girl adapt to her new life after this devastating case of malpractice and will allow her to lead a normal 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 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.

The Institute of Medicine recently released a study entitled “Health IT and Patient Safety: Building Safer Systems for Better Care” which discussed the benefits of electronic recording systems of medicine. However, this report also uncovered the potential risks of medical malpractice that may arise as these systems are developed. The report calls for new plans to be utilized which would help with patient safety when dealing with electronic medical records. Medical malpractice attorneys believe this could eventually lead to possible FDA regulations regarding electronic medical records.

The Issues Facing the Move to the Future

medical malpractice attorney in nj and pa Medical malpractice attorneys have traditionally believed that the use of electronic medical records would actually decrease the number of medical mistakes and other prescription errors. With the increase in technology, medical malpractice attorneys thought that doctors and nurses would be better equipped to avoid preventable mistakes and injuries and reduce the potential for civil lawsuits. It is easy to see why people thought that better technology would help healthcare providers avoid unnecessary medical malpractice. Doctors, who are notorious for poor handwriting, would not have the same problems communicating data to others in patient charts, the equipment could monitor drug prescriptions to avoid dangerous mixtures, and hospital workers could be alerted easily of particular patient conditions without the hassle of digging through charts. However, many studies are now showing that the expected benefits of the new healthcare technology are not coming to fruition as fast as expected, if at all. The Institute of Medicine has also highlighted numerous dangers that could lead to malpractice and cause patients severe injuries. The report stated “although the magnitude of the risk associated with health IT is not known, some examples illustrate the concerns. . . Dosing errors, failure to detect life-threatening illnesses, and delaying treatment due to poor human-computer interactions or loss of data have led to serious injury and death.

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 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.

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 because there was no personal duty to care for him under the Canada Health Act.

Can Canada Look Away while a Man Dies Without Any Obligations?

new jersey philadelphia medical malpractice attorneys canada health act
The lawyers for Sinclair’s family found these arguments to be both offensive and perverse. They believe that if the charter were to be read in this way, the rights and freedoms that are guaranteed to all citizens of Canada would slowly deteriorate. Sinclair was a double amputee and he died from a treatable bladder infection in the emergency room at age 45. His medical malpractice attorneys stated “imperiling the safety of the public in such a way that someone as vulnerable as Brian Sinclair arbitrarily would not get any medical treatment or attention as he waited in a Manitoba hospital emergency room for 34 hours, in pain, vomiting, and dying, is not in accordance with any conceivable principle of fundamental justice”. Security tape showed that when Sinclair showed up he spoke to an aide, wheeled himself into a waiting room, and a long 33 hours later he was discovered by an individual who told a security guard it appeared the man was dead.

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.

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

medical malpractice attorneys in nj and pa Sandy Pasch originally wrote the bill in an attempt to disallow courts to consider healthcare provider’s apologies, but since the bill became more expanded, she elected to vote against the bill. Pasch, a nurse, was quoted as saying,

It would negate whistleblowers who call up and say to a family member I’m so sorry your husband died, we’ve been having problems with that equipment and I had to come forward, we cant take another death.

A vocal leader on the other side of the debate is Mark Grapentine, who is the spokesman for Wisconsin Medical Society, and is in favor of the new bill. Grapenstine said,

oftentimes a physician will accept responsibility even if he or she has no idea if something was the result of negligence or not. It’s kind of the human part of making someone feel better. We don’t want to have physicians worrying about what words they say and whether they’re being interpreted as an admission of fault or not.

Medical malpractice attorneys believe that, in some circumstances, the dialogue between healthcare providers and patients could be pertinent and it would be a mistake to broadly outlaw all comments, as this bill attempts to do.

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 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.

Michelle Parmeter, of Ogdensburg New York, filed a medical negligence lawsuit in the NY Supreme Court against a hospital, a doctor, and a physician’s assistant. Parmeter’s medical malpractice attorneys filed the action claiming that the assistant and doctor negligently prescribed the woman an oral contraceptive. The defendants are Claxton-Hepburn Medical Center, Mr. Scott D. Beeles (physician’s assistant), and Dr. William Baerthlein. Parmeter was a patient throughout 2009 and now seeks compensation for her injuries.

Woman Loses Part of Her Arm

medical malpractice attorneys in nj and pa

According to the woman’s medical malpractice attorneys, Beeles failed to recognize that she was prone to potentially acquiring thrombosis prior to instructing her to take the oral contraceptive. Parmeter further charges that both men failed to provide proper care and consult with other physicians who may have had a better idea of the possible dangers surrounding the medication. Finally, medical malpractice attorneys also noticed that Parmeter was never informed that she should not use tobacco while on oral contraceptives. According to the lawsuit, these different instances of malpractice led to the loss of the woman’s arm. Now, she is seeking damages that will compensate her for lost wages and future medical expenses that she will incur. Medical malpractice attorneys believe that Dr. Baerthlein may also be held liable if he failed to acquaint himself with the medical literature and common practices regarding the oral contraceptive that was prescribed. Whenever a patient begins taking medication, it is essential that healthcare providers provide the patient with the necessary information to safely take the medicine. Doctors are required to recognize potential dangers, such as thrombosis (blood clot), in order to minimize risks. They then must relay this information to their patients.

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 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.