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 negotiations With 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 works Since 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.

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 justice The 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

Young 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 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 death The 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

Over 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.

Jury Awards $7 Million to Victims of Medical Malpractice in New York

In New York, a Queens jury has awarded a Long Island couple $7 million in a case of medical malpractice that almost led to the untimely death of Owen McNamara.

Medical Malpractice at St. Francis Hospital

new jersey philadelphia medical malpractice lawyers st. francis hospital case St. Francis Hospital, located on Long Island, NY, is known as “The Heart Center”. It’s reputation for cardiac excellence has patients the world over seeking treatment there. That is why Owen and Jo-Ann McNamara went to St. Francis Hospital for a “routine” by-pass surgery. The surgery went smoothly. Post-op, however, did not.

While in the ICU (Intenstive Care Unit), Owen developed a condition called tamponade. This condition involves the build-up of blood and fluid in the pericardium (the sac surrounding the heart) which can compress the heart and disrupt it’s normal function. A timely response can relieve the pressure within minutes, but because of a negligent response and failure on his doctor’s part to communicate the budding complications, Owen McNamara suffered a heart attack.

Doctors revived him, but Owen faced 2.5 years of complications, hospital stays, and rehab treatments resulting from the tamponade related heart attack. His heart blockages were cleared during the by-pass surgery, but Owen now lives with permanent damage to his heart, as well as chest and breathing complications.

Had St. Francis Hospital staff recognized the symptoms of tamponade sooner, and promptly and effectively treated those symptoms, Mr. and Mrs. McNamara could have avoided the nightmare that followed the cardiac arrest.

Medical Malpractice Lawyers in New Jersey and Philadelphia

The McNamaras, in some ways, are very lucky. Hospital negligence did not take Owen’s life. Others have lost life and limb as a result of medical malpractice and hospital negligence. That is why medical malpractice lawyers are necessary. Hospitals and doctors that act negligently and do not adhere to the standard of care must be held accountable for their mistakes.

If you or a loved one have suffered in any way at the hands of a negligent medical provider, contact the Mininno Law Office for a free consultation or call us at (856) 833-0600 in New Jersey, or (215) 567-2380 in Philadelphia.
Our team strive to earn full and fair compensation for those who have been seriously wronged by careless and negligent medical providers.

Bedsores: A growing $11 Billion Industry

new jersey philadelphia bedsores pressure sores attorneys medical negligence nursing home abuse A recently published study estimated that the annual cost of medical errors in the U.S. in 2008 was $19.5 billion dollars.
Of that 19.5 billion, 11 billion payed for the treatment of bedsores or pressure sores.

The study reported that about 1.5 million measurable medical errors happen annually, according to co-author Jonathon Shreve. It also found the 10 most common medical errors in the U.S., and found that most of the cost of medical errors can be attributed to 5 common errors:

– Pressure Ulcers
– Postoperative Infections
– Mechanical Complications of Devices, Implants, or Grafts
– Postlaminectomy Syndrome – persistance of pain and/or disability following back surgery and
– Hemorrhages complicationg a procedure

Bedsores alone are costing upwards of $11 billion dollars a year to treat. Bedsores are completely avoidable occurences, and there is no excuse for the astounding amount of patients suffering through them. They cause immense pain, and in many cases, infection.
Nursing home and hospital care must become more attentive and compassionate in order to move in the direction of correcting this serious plight.

Are you a Victim of Medical Errors or Negligence?

If you or a loved one have suffered as a result of a medical error, or perhaps negligence or abuse at a nursing home or long term care facility, you’ll need the help of nursing home abuse or medical malpractice attorney.

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.
Let us get you the compensation you deserve.

Animal Safety Tips to help protect your Children

Animals are a wonderful thing and can be very good for children. They can teach them how to be responsible, how to be gentle, how to be calmer and not yell around the animals or scare them. Finally, it can be a really rewarding learning experience for the whole family. Too often though, children do not know to behave around animals and they end up getting diseases or bites from animals. Due to these problems the Center for Disease Control or CDC has recommended some basic safety tips for parents and children for good animal care for them and the animals. These tips include:

Children under five years need to always be supervised while with animals
Do not allow children to kiss animals or put their hands near their mouth or eyes after touching animals
Make sure children wash their hands well with soap and water after touching animals
Animals such as snakes, lizards, turtles, frogs and other similar animals should be handled with special care around children due to the spread of disease

So many children and other family members get bite by animals and get other diseases due to lack of knowledge about animal safety. These simple tips can help prevent these situations now and in the future.

For more information on animal safety tips and recommendations, you may visit: http://www.cdc.gov/HEALTHYPETS/child.htm

If you or a loved one has suffered an injury due to an animal, please contact a personal injury attorney right away. They can help you get the medical care you and your family deserve.

Bayer Warned by FDA for YAZ Testing Problems

The birth control Yasmin or Yaz has caused much controversy and concerns since it was first brought on the market back in March. Many people are concerned about the serious side effects of the pill and how Bayer seemed to have made these side effects not seem as serious as they are. Another thing that Bayer was warned about by the Food and Drug Administration or the FDA that they did not think was a serious problem was the testing of the quality of the pills. It measured the quality of its ingredients based on an average of several samples instead of reporting the individual test results of each sample like they should. Bayer then continued to ship eight batches of pills tested using this unapproved method to the U.S. The drug patches were reviewed after the FDA’s warning to Bayer, but Bayer says the batches shipped between 2007-2009 were not affected by this unapproved testing method. Since this warning, the FDA now requires that Bayer provide a full list of the shipments to the U.S. that may have used this average testing method and to require Bayer to come up with a plan to prevent the problem from happening again. Bayer has produced many important medications that many people use and depend on daily. Maybe this method has not caused any real problems, but when it comes to the medicines we give ourselves as well as those we love, double checking does not hurt. It seems like this time Bayer may have gotten overwhelmed by the money they were making that they overlooked some safety measures. Safety however always needs to and should come first each and every time.

For more information on the Bayer testing methods for Yasmin, you may visit: http://www.app.com/article/20090915/NEWS/90915067/FDA+warns+Yaz++Yasmin+manufacturer+over+testing+problems or www.fda.gov

If you or a loved one has suffered possibility due to the side effects of Yaz or Yasmin, please contact a personal injury attorney right away. They will help get your case heard and help you get the care you need and deserve.