medical malpractice lawyers Archives - Page 2 of 9 - New Jersey Medical Malpractice Lawyers

Medical Malpractice Attorneys: Negligent Prescription of Contraceptive

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

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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.

Medical Malpractice Attorneys and the “Conspiracy of Silence”

Prior to the 1960s, medical malpractice litigation was far less prevalent in society than it is today. Everything began to change when medical malpractice attorneys were able to break the traditional “conspiracy of silence”. This led to many more tort claims and allowed injured patients to seek the compensation that they rightfully deserved. The conspiracy of silence refers to the discouraging of physicians and doctors (who today serve as expert witnesses) from testifying against other healthcare providers in malpractice or negligence lawsuits.

A Change in the Protocol of Experts

It was very difficult for medical malpractice attorneys to prove that medical malpractice occurred when they were unable to call experts in the field, such as doctors, to testify. Informing the jury of the relevant standards of care and the expected performance and requirements did not hold as much water when a prominent professional in the field was not the one testifying. Thankfully, today, medical malpractice attorneys are able to call any number of expert witnesses who can now shed light on the potential negligence of their colleagues in the field. The unspoken tradition of doctor and physicians refusing to testify against their colleagues in reality only caused an injured victim to suffer. This cultural shift signified a great time for injured patients because it gave tort lawyers and medical malpractice attorneys’ greater leverage to prove their case by painting a much broader picture. Today, both parties are able to call as many expert witnesses to testify as they wish and the jury is able to determine who has presented a stronger case, free from any conspiracy of silence.

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Medical Malpractice Attorneys Prevail 13 Years after Child’s Death

Way back in 1998, Anna Gloria Rivera was ten years old and had her entire life ahead of her. Medical malpractice attorneys believe things turned tragic when she was rushed to Woodhull Hospital, in Brooklyn, New York following a severe asthma attack. Prior to asking the young girl’s mother for a medical history or providing a muscle relaxant, sedative, or any sort of pain medication, the treating doctor hooked the girl up to a respirator. The doctor elected to set the ventilator machine at 40 breaths per minute, a clear case of medical malpractice since the protocol for a child of Anna Gloria’s age is around 8 to 10 breaths.

Death Follows Medical Professionals Malpractice

The young girl’s medical malpractice attorneys said “she died about three hours later after her lungs were ‘blown out’ with all the oxygen“. In 2007, following a six week trial, a jury elected to award the Rivera family $3.5 million for pain and suffering and $500,000 for a wrongful death finding. Unfortunately, medical malpractice attorneys had to continue to litigate the issue following an appeal by the city. This prolonged the agony of the family and put off closure for nearly four more years. Finally, in 2011, the plaintiffs once again prevailed and the city was charged thousands in legal fees in addition to $478,000 in interest because of the delayed payment of the damage award. Medical malpractice attorneys believe that because this lawsuit came against a public hospital, the city’s taxpayers will be forced to incur much of the bill after the litigation raged on for so many years.

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Medical Malpractice Attorneys: Jackson Litigation Just Beginning

Michael Jackson’s former doctor, Conrad Murray, was found guilty in a criminal courtroom for the death of the former pop icon. However, the litigation surrounding the death of Michael Jackson’s death is just now getting underway. Medical malpractice attorneys will now fight in civil courtrooms for money damages caused by the negligence of the doctor. The guilty verdict set down by a Los Angeles jury has not settled any of the potential civil liability that could still face Murray. Joe Jackson, and the Jackson family, will now seek another verdict before a new host of jurors.

Civil Lawsuit for Jackson’s Wrongful Death

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Brian Oxman is the medical malpractice attorney who was selected by Joe Jackson to represent him in the wrongful death lawsuit. Oxman was quoted as saying that his civil suit “will absolutely focus on what happened before the last few hours of Michael’s life”. Oxman is working together with other medical malpractice attorneys, such as Charles Peckham, Murray’s lawyer, to possibly bring in other doctors who treated Michael Jackson. One of these other doctors who may be caught up in the future litigation is Jackson’s former dermatologist, Arnold Klein. The medical malpractice attorneys representing Murray strongly believe that because the focus of the criminal trial was solely based on Murray’s interaction with Jackson, the result failed to show who may have been truly culpable. Peckham said that the focus of the criminal trial revolving only around Murray “severely restrained testimony that would have pointed to Dr. Murray’s innocence”. Medical malpractice attorneys expect this litigation to be lengthy and complex due to the number of potential parties and the high profile of the victim. The Jackson family is seeking money damages due to the death of Michael which would require a finding of medical negligence by a jury.

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 File Lawsuit Related to Robot

The plaintiff, Jennifer Silvestrini, filed a medical malpractice lawsuit at the end of September in Orleans Parish Civil District Court against the defendants, Intuitive Surgical Systems Inc. and University Healthcare Systems, also known as Tulane University Hospital and Clinic. The defendants elected to remove the case to New Orleans federal court in late October. Medical malpractice attorneys claim that a robotic surgical procedure failed during Silvestrini’s neck surgery.

Malfunction of Robot Occurs during Surgery

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The plaintiff was scheduled for a robotic trans-axillary total thyroidectomy which was set to be performed by Dr. Emad Kandil. Unfortunately, during the procedure, there was an unexplained malfunction of the device and neither the staff nor the doctor could fix the problem on site. Even more unsettling was a contract and agreement that Intuitive Surgical Systems agreed to, which was to ensure that they had available service personnel ready so that there could be a rapid troubleshooting procedure in the event the device malfunctioned. When Ms. Silvestrini was undergoing the procedure and the breakdown occurred, the medical staff was unable to contact anyone from Intuitive Surgical Inc. to fix the problem.

Lawyers claim that the manufacturer of the robotic device failed to maintain the robot at issue, failed to properly train personnel on the use of the equipment, and failed to dispatch a technician in a timely fashion when Silvestrini was undergoing the operation. The hospital has been accused of failing to maintain the robot, failing to have properly trained personnel, failure to have an adequate arrangement with Intuitive Surgical Systems, and failing to employ an emergency technician who could respond rapidly in the case of a foreseeable emergency while the patient was undergoing surgery. The plaintiff seeks damages for physical and mental pain and suffering, medical expenses, interest, and court costs.

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 Discuss the Force of Lawsuits

Professional malpractice typically refers to negligence by a professional and it has been applied to many professions such as engineers, art experts, social workers, and pilots. However, it’s most common application is with healthcare providers such as doctors, nurses, surgeons, etc. A lawsuit involving a single patient and a single healthcare provider may have a narrow impact on society, meaning it may only have consequential value to the parties involved. The litigation process will determine how an injured patient will be compensated but medical malpractice attorneys have also found that the outcome of a lawsuit may mold how the profession will engage in its practice.

Broad Impact of Medical Malpractice Cases

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Consider the case of medical professionals. How courts in a particular jurisdiction rule on different matters of liability and standards of care will undoubtedly affect how other doctors and nurses act in similar situations. Situations such as communicating with patients regarding treatment and procedures, undertaking surgery and diagnosis, avoiding negligence and malpractice liability, and safeguarding patients from clearly foreseeable injury and even more remote potential outcomes all will be molded by how courts have ruled in previous cases. When other doctors or nurses are found liable for medical negligence, lawyers believe that this does not merely deter those individuals from acting in a particular way. Medical malpractice attorneys believe that the profession as a whole, both within and outside of that jurisdiction, will alter the ways in which they practice. When patients are hurt due to alleged negligence or malpractice, a courts ruling sends a message to the community as a whole that certain behavior and activity will not be tolerated.

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Medical Malpractice Attorneys: Paraplegic Woman Wins $7.6 Million

Plaintiff D’Knawn Hairston was awarded $7.6 million by a Sacramento Superior Court jury this week in California. The incident occurred in December of 2003 when Hairston was taken to the UC Davis Medical Center after complaining of numbness in her legs. An MRI was conducted but the doctors found her results to be normal. Medical malpractice attorneys say that over four years later, in February 2008, Hairston suffered from nearly the same symptoms but this time she was taken to Methodist Hospital.

A Shocking Discovery…Years Too Late

new jersey philadelphia Medical Malpractice Attorneys D’Knawn Hairston case large verdict At the second hospital, doctors found an arteriovenous malformation on her thoracic spine. Professionals found that even after surgery, Hairston’s spine was still permanently damaged and she had no movement below her chest. These complications led to the young woman, who was fourteen years old when she first complained of these symptoms, becoming paraplegic. Hairston’s lawyers stated “the jury did a great job of working through the evidence and coming up with a result that will enable this very deserving young woman to move forward independently.” It is unclear what the life of Ms. Hairston would be like had the malformation been noticed when she originally visited healthcare providers as a young teenager. It is the hope of medical malpractice attorneys that the sum of money she is set to receive in damages will be adequate to assist her in living a successful and happy life. A statement released on behalf of the University of California stated “this is a regrettable and unfortunate case for everyone involved.”

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Medical Malpractice Lawyers Support FDA Surgical Fire-Safety Initiative

Medical malpractice attorneys represent patients each year that suffer the often lasting effects of surgical fires. Sometimes, they represent the family members of patients who did not live through the harrowing tragedy. It is important to discuss with your surgeon the risks and dangers associated with surgical room fires.

Operating Room Fires Rare but Relevant

nj and pa medical malpractice lawyers Dr. Nancy Perrier speaks of her first encounter with an operating room blaze;

“The flames were at least 6 to 8 feet high and the correct actions were unknown to everyone in the operating room. The patient survived the operation, but died about 30 days later from complications of a significant pulmonary injury.”

Doctors and the FDA alike know that these events are nearly 100% preventable. That is why they are pushing for increased oversight on the education of surgical fires for operating room personnel.

Just last month, the FDA hosted a special workshop to looks for ways to stop fires from happening, as well as to offer pertinent medical professionals the tools and knowledge to deal with those that occur.
Experts have estimated that about 650 operating room fires are sparked nationwide every year. As previously stated, many of the victims of those fires will walk away scarred or marginally scathed. Others, however, will lose their lives.

Dr. David Cowles, an anesthesiologist who previously spent 14 years as a firefighter and paramedic, knows well the need for FDA intervention when it comes to establishing a medical standard concerning surgical room fires:

“As a firefighter you’re concerned about what’s going to be the safest way to do a dangerous job and that’s not unlike what it is in the operating room, where every day we perform procedures that could be dangerous and we need to explore the safest way to do that.”

Medical Malpractice Lawyers in New Jersey and Philadelphia

If you or a family member have been victimized by medical errors due to negligent or inadequate medical providers, please contact the Mininno Law Office to speak with a medical malpractice attorney. You may also call for a free case evaluation and consultation at (856) 833-0600 in New Jersey and (215) 567-2380 in Philadelphia.

Let our professionals earn you your just and due compensation.

Medical Malpractice Attorneys: Survival and Wrongful Death Actions

In the past, under the common law, if either the plaintiff or defendant of a tort claim died, the action would be ended. This is because one of the parties, who either deserved compensation or who was liable, would no longer be around. A simple example would be if a patient was injured by a doctor due to medical negligence, the action would end if either party passed away. Also, historically there was no right to recovery for survivors of a patient who was negligently killed by a doctor’s medical malpractice (and the patient’s family could not recovery pecuniary losses or for the loss of companionship). Today, every state has altered these rules by statute which allows medical malpractice attorneys to bring lawsuits in search of compensation, even if their client or the defendant has passed away.

The Types of Actions

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The first types of laws that have been implemented are generally referred to as “survival” statutes. Under these statutes, a lawsuit will not come to a halt simply because one of the parties has passed away prior to the litigation. This means that lawsuits, including those for medical malpractice, will survive the death of either party. Alternatively, there are also laws in place known as “wrongful death” statutes. These statutes create a cause of action for the family who has been left behind following the death of a plaintiff. An example of a wrongful death situation may be if a doctor’s tortious activity, such as negligence or malpractice, leads to the death of a patient. In that case, the family of the patient may still bring a lawsuit against the doctor even though the true victim of the tort, the deceased patient, is no longer around. Lawyers have found that although some states have elected to combine the two types of actions into a single statute, every state provides this type of protection for patients and their loved ones.

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Medical Malpractice Attorneys: Pre-Natal Injuries

There are many forms of negligence, and other tortious conduct, that can lead to the injury of a baby while still in the mother’s womb. Many people’s first thoughts would be to look at the potential tortious conduct of a doctor, which may have caused injury to a baby due to medical negligence. Medical malpractice attorneys have found that most courts have allowed for the recovery of damages when a child is injured while “en ventre sa mere” (meaning “in the mother’s belly”) and is born alive. This is because the negligence of a defendant has caused some sort of injury to the young baby and damages are reasonable even though the child was not yet born. A minority of courts have actually denied the recovery of damages if the child was not yet born, even though the negligence will affect the baby for years down the road.

A Startling Approach by Defense Attorneys

medical malpractice attorneys in nj and pa Some lawyers who have represented defendants in these sorts of cases have come forth with surprising, if not shocking, legal arguments to avoid liability. Some attorneys in this situation have argued that there can not possibly be negligence because that tort requires a duty and a breach of duty. The argument follows that a defendant could not have possibly had a duty of care towards a being that is not yet born. This approach is very rarely accepted because it sets forth bad public policy and it tends to disregard the values we tend to hold as a society. Negligence that harms an unborn baby is just as undesirable as any negligence that could injure any one else. Thankfully, medical malpractice attorneys agree that today, recovery of damages is generally acceptable when a baby is injured prior to birth due to some act of negligence.

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.