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

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 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 caseLast 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

new jersey philadelphia birth defects attorneys psychosocial problems childrenAs 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 errorsFritzie 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.

Medical Malpractice Attorneys: Jail Inmate May Proceed with Lawsuit

Daniel Pedersen, a Detroit native, was an inmate at Lenawee County Jail in 2007. Although a settlement has been reached between Mr. Pedersen and the Lenawee County Sheriff’s Department, Federal Judge Bernard A. Friedman ordered that a lawsuit may be brought against a private healthcare company, as well as six members of the company’s staff who worked at the jail at the same time. Pedersen’s medical malpractice attorneys argued that the staff members failed to evaluate him properly for seven weeks and “knowingly subjected him to intolerable pain and suffering”.

Man Suffers in Jail without Treatment

new jersey philadelphia medical malpractice attorneys discuss inmate Lenawee County Jail case
The lawyers for the defense agreed that there may be a medical malpractice claim but there was certainly no deliberate indifference which resulted in cruel and unusual punishment, as the plaintiff argued. However, the judge disagreed and pointed to the expert testimony of Dr. Joe Goldenson which could support the claims made by the medical malpractice attorneys on behalf of the plaintiff. The man suffered from prolonged pain and serious health problems during his time at the facility throughout a two month span. Pedersen was finally sent to a hospital when he could no longer stand, walk, sleep, or use the lavatory. He was in need of emergency surgery when it was discovered that he had an abscess extending from his abdomen all the way through his right thigh. Two surgeries were necessary and he was exposed to a prolonged stay in the hospital.

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 Lawyers Fight for Parents of Stillborn Babies

Stillbirths are perhaps the worst tragedy to befall expectant parents. Not only do they have to endure the pain associated with the death of a child, but a mother will have to endure the entire delivery process, only to hold the body of her lifeless baby in the end. Often, stillbirths occur naturally, through no fault of doctor or patient. However, other on other occasions, medical negligence is to blame. It is for these cases that medical malpractice lawyers believe parents are due compensation.

$1 Million Awarded for Pain and Suffering

medical malpractice lawyers in NJ and PAIn 2004, New York’s highest court ruled that women can sue for emotional suffering if their stillbirth is a result of medical malpractice. There have now been a couple cases moving through the legal system that are determining what is justified compensation.

Lucia Ferreira was awarded $1 million in a New York court in February for pain and suffering after she lost her baby during a home labor. During her last three visits to the Wyckoff Heights Medical Center, she complained of abdominal pain but was only given painkillers and sent home.

After the Ferreira case, lawyer Jeff Korek is fighting for more money for his client Vivian Acevedo. He is trying to reason that $1 million should be the standard for medical malpractice stillborn cases. The Acevedo case is against Lincoln Medical and Mental Health Center for a delayed emergency Caesarean that caused the child to be stillborn. Lincoln Medical offered $500,000 but she turned it down.

Medical Malpractice Lawyers in New Jersey and Philadelphia

If you or a family member has recently suffered a stillbirth 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.

Medical Malpractice Attorneys: Maine Supreme Court Makes Landmark Ruling

medical malpractice attorneys in nj and paMedical malpractice attorneys believe that a recent decision by the Supreme Court of Maine will now, for the first time, allow patients to bring medical malpractice lawsuits that extend beyond the statute of limitations period. This could have a dramatic impact on cases that involve misdiagnosis or treatment by doctors who continue to see patients over a long period of time. Unlike a botched surgery, where the statute of limitations begins running almost immediately, when a doctor negligently diagnoses and treats a patient over a period of time, the limitations period to bring a lawsuit is now extended.

Sustained Medical Negligence in Treatment and Testing Leads to Prostate Cancer

Phillip Baker was a regular patient of his primary care physician Dr. Merrill Farrand Jr. Baker saw this physician for twenty years and he was regularly screened for a prostate specific antigen known as PSA. These tests can reveal risks and evidence of cancer. Baker’s results were high but it took five years of similar results for Farrand to refer Baker to a urologist. Medical malpractice attorneys say that when Baker went to visit the urologist and had a biopsy completed, it was revealed that he had prostate cancer. The biggest disappointment of this revelation was that the most important period of time to treat this cancer was more than three years in the past. Now, because of the Maine Supreme Court ruling, the “Continuing Negligent Treatment Doctrine” will be used and Baker can assert that there was not a single negligent act, but rather this medical malpractice continued between 2002 and 2006. Baker’s medical malpractice attorneys stated,

“the issue that has always lurked in the background is the situation in which a patient is told to have a test, gets that test and for one reason or another the test is abnormal but the doctor doesn’t act on it…That doctor continues to treat the patient for a period of years, seeing the patient each year, seeing the abnormal test each year but continuing not to act on it.”

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 Lawyers File Claim Against Negligent Dentist in West Virginia

medical malpractice lawyer in NJ and PALinda Johnson saw Dr. Ernest N. Pennington in January 2008 for impressions of her mouth that were being used as preparation for a bridge that she was having placed. According to the complaint that was filed by her medical malpractice lawyer , Christopher J. Heavens, on June 25, 2010 in Kanawha Circuit Court, West Virginia, the material that was used to make the molds caused an infection in her gums. The infection led to the bridge fitting improperly, roots being exposed and severe pain. The complications caused Mrs. Johnson to have teeth removed and several other painful and expensive procedures. She is suing Charleston Dental Associates and Dr. Pennington for the poor care. Mrs. Johnson started seeing Dr. Richard Smith on February 19, 2009 to correct the complications from Dr. Pennington. Before seeing Dr. Smith, she believed that the problems were unavoidable, but he explained to her that the treatment “may have constituted medical malpractice.”

Dental Medical Malpractice is Preventable

Unlike other forms of medical malpractice, complications from dental procedures are often accepted by the patients as unpreventable. This is not always the case. Often, errors made by doctors or nurses create serious complications that can lead to painful and drawn out recoveries. Dental medical malpractice should be taken seriously and considered a violation of the standard of care that is expected from all medical professionals.

Medical Malpractice Lawyers in New Jersey and Philadelphia

If you or a family member has recently suffered severe dental complications 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.

Birth Defects Attorneys: Popular Migraine Med Effective but Dangerous

Topamax is a very popular pharmaceutical drug that is used in treating migraines and epilepsy. Although it has been shown to be extremely effective, birth defects attorneys warn that pregnant women should steer clear of its use. Recent studies have reported that use of Topamax during pregnancy has led to an increased chance of babies born with birth defects, such as cleft lip and cleft palate.

Why has Topamax been so Popular in Treating Migraines?

birth defects attorneys in nj and paTopamax is not like many other migraine medications and this may shed light on its popularity. As opposed to taking the medicine as soon as headache pain begins, Topamax is taken daily which helps avoid migraines all together. Topamax begins limiting the frequency of migraines after only one month. But when women begin to heavily rely on it, a problem may arise. Many studies have shown that Topamax is successful in limiting headaches, but unfortunately, women need to prioritize once they become pregnant. Although headaches can have a devastating effect on daily activities, birth defects attorneys believe that the risk to newborn babies is far worse. Topamax has been widely available in the United States since 1996, but the true dangers of potential birth defects have only recently been realized. Expectant mothers should speak with a medical professional and seek an alternative medication while pregnant to limit the potential of birth defects.

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. They are especially confused about whether or not the services of birth defects attorneys would be needed. In some cases, there have been improper actions that may have led to your child’s birth defect and contacting our professionals is beneficial to your family’s physical and financial health. 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: Negligent Air Force Medical Staff

Five months following a federal appeals court ruling, which affirmed a lower court’s ruling, the United States government was forced to pay a $7.5 million award. The 9th U.S. Circuit of Appeals in California affirmed the 2008 ruling which awarded Deborah Rutledge and her husband, retired Master Sgt. Thomas Rutledge, damages due to the negligence of Air Force medical staff. Medical malpractice attorneys say that Deborah was left disabled after medical professionals failed to properly diagnose a herniated spinal disk, back in 2004.

Failures to Properly Examine and Provide Treatment Leave Woman Disabled

new jersey philadelphia medical malpractice attorneys deborah rutledge air force staff misdiagnoseDeborah Rutledge was experiencing numbness in her groin, legs, and feet when she went in search of medical help at the Andersen Air Force Base clinic in Guam. A doctor’s assistant and a nurse met with Rutledge but failed to conduct proper medical examinations for the numbness the woman experienced. To compound the problem, the medical professionals did not report the case to their supervisors and instead misdiagnosed what Rutledge was suffering from. Lawyers say that the symptoms persisted, even after an emergency operation. Rutledge continues to suffer today from nerve damage.

One of the plaintiff’s medical malpractice attorneys stated, “[t]he Rutledge’s are relieved that this long drawn out process is finally over and that they ultimately received justice from the judicial process.” Robert Keogh continued, “[t]he District Court’s award was eminently fair under all the circumstances presented, and the Ninth Circuit affirmed the reasonableness of the award.

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.