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

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.
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.
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
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 
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Linda 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
Topamax 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.
Deborah 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.