medical malpractice lawyers Archives - Page 4 of 9 - New Jersey Medical Malpractice Lawyers

Medical Malpractice Attorneys: Infant Decapitated During Child Birth

The story of Micheatria Donelson and her unborn baby is a tragic one. The defendants, doctors and nurses from Northern Suburban Hospital in Louisville, believe that the incident could not have been predicted or prevented by the healthcare providers and it was simply an “unfortunate tragedy”. Medical malpractice attorneys for Donelson disagreed and stated “decapitation should never, never happen”. The plaintiff is seeking damages in the amount of $18 million following this tragic incident and she is still suffering from the loss of her child, battling post traumatic stress disorder and depression.

Medical Negligence or Rare Occurrence

new jersey philadelphia medical malpractice attorneys decapitation case Northern Suburban Hospital
The defendants argued that the doctors did everything they could and that while this incident was highly unusual, their care was appropriate. Medical malpractice attorneys disagree and claim that the doctor’s failure to remove a cerclage (a small string used to close the cervix and keep the baby in the womb) led to the tragedy. The doctor agreed to using the cerclage originally but then said he removed it because it would be “physically impossible” to deliver the baby with the string still present. A nurse who was present in the operating room had a contrary recollection and claimed that the doctor did not remove the string. When the baby was delivered, the nursing staff sutured the child’s head back on to the body so that Donelson could hold her child for a short time after seeing him decapitated during delivery. According to her lawyers, this has altered Donelson’s entire life. They stated “no one prepared her for what was going on. . . the reason that this is never heard of is because it doesn’t happen unless somebody does something wrong.”

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: When Medical Negligence Turns Criminal

In recent days, the trial of Dr. Conrad Murray, the former personal doctor of pop star Michael Jackson, has been the topic of much attention and conversation across the country. Medical malpractice attorneys note that the case revolves around one question; did the doctor’s conduct surpass mere medical negligence?

Generally, when a doctor commits an act of negligence, lawyers will file a lawsuit as a civil case. In civil cases, plaintiffs seek to be compensated for a wrong committed by a doctor, but there is no risk of facing jail time. In cases of egregious medical errors, district attorneys have the authority to file criminal charges against the healthcare provider.

What is the Standard of Care

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The standard of care can be understood as the requirement that a doctor act responsibly and cautiously in order to avoid any harm to their patients. Across this country, states have different statutes and codes which define what constitutes medical malpractice. In order for a doctor to be charged in a criminal case, as opposed to the more common civil malpractice cases, he or she must grossly breach their standard of care. In order to achieve a conviction, prosecutors must prove criminal negligence or provide evidence that the doctor put himself in to a position that other doctors would have avoided. Julie Cantor, an attorney with a medical degree and a professor at UCLA School of Law, described the realm of criminal charges following medical malpractice as “a gross incompetence or indifference to a patient’s well being.”

Medical Malpractice Attorneys in New Jersey and Philadelphia

Medical Malpractice Attorneys: Negligence Kills Wife and Mother

After nearly four years of litigation and appeals, a family is finally able to present their medical malpractice case in front of a jury at trial. Jury selection took place on October 3rd and the family of the late Dorothy Broussard is seeking a number of damages including pecuniary loss, medical services, physical pain and suffering, mental pain and anguish, disfigurement, physical impairment, loss of consortium and loss of enjoyment of life. The medical malpractice attorneys on the case claim that a breathing tube connected to Mrs. Broussard was inadvertently removed which led to a lack of oxygen.

Could the Healthcare Provider Have Done More?

Preston Broussard, on behalf of his late wife, filed the lawsuit against Dubuis Hospital and Dr. Sreedhar Polavarapu. The medical malpractice attorneys stated in the lawsuit that the “defendants’ failure to safely monitor and restrain Dorothy Broussard led to the deprivation of oxygen that caused Mrs. Broussard’s untimely demise.” Obviously the lack of oxygen over a sustained period of time had an adverse effect but no one on the staff recognized the problem in time. The medical lawyers found that the saddest part of this story was how the family discovered the woman. The lawsuit stated,

“Plaintiff Cody Broussard, the 10 year old son of Mrs. Broussard, ran ahead of his father into his mother’s hospital room. Cody Broussard was the first person to find the oxygen tube hanging on the side of the mother’s hospital bed, and found his mother gagging for air.”

The woman later fell into a coma and lost her life on July 12, 2005.

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 Continue Discussion About Tort Reform

Patients and doctors have a special relationship and there is a certain element of trust. Patients trust their doctors to perform the proper tests and procedures in order to provide adequate and reasonable healthcare. Many people believe that tort reform is necessary to lower the potential healthcare costs, but medical malpractice attorneys fear that reducing the amount of compensation due to plaintiffs in some cases may be putting too much trust in these doctors. Sure, healthcare costs are exceedingly high in this country. However, by reducing medical malpractice awards through a cap system, people may be forgetting that there is a human element to practicing medicine and serious malpractice victims deserve to be compensated.

Malpractice and Healthcare Costs

new jersey philadelphia medical malpractice attorneys discuss tort reform First, many argue that since insurance companies charge very high premiums for doctors to gain liability insurance, doctors charge their patients more money. Secondly, a doctor’s fear this his or her patients may sue causes them to act in different ways. Many physicians claim that their fear of a lawsuit causes them to order additional tests and procedures (a practice that has since been penned “Defensive Medicine“) just to protect against charges of negligence.

Since doctors pay more money for insurance to guard against lawsuits and order many additional tests, they claim that all costs will be lowered if medical malpractice payouts are reduced. This is a good theory on paper but may not be ideal in practice. Limiting damages in some cases may not be a major deal but, in other cases, medical malpractice attorneys argue that the malpractice has such a traumatic result on the victim that their compensation should not be reduced. In this country, we pride ourselves on having juries of our peers determine what an adequate result is at trial. Do we really want to tell the person who was left blind, brain dead, paralyzed, or permanently disfigured that they can only collect a certain amount of money because of a malpractice cap?

Medical Malpractice Attorneys in New Jersey and Philadelphia

Medical Malpractice Attorneys: Cremation before Autopsy?

Holly McGowan, of Tavares, Florida, has filed a medical malpractice lawsuit following a strange series of events involving her late mother. Joan Elizabeth Ashcraft, McGowan’s mother, passed away after she underwent treatment at a hospital. The woman’s family requested that the coroner perform an autopsy on her body before it was cremated. Medical malpractice attorneys believe that the autopsy was to be conducted in order to determine whether negligence or over-medication were contributing factors to her death.

Funeral Home does not wait for Autopsy

new jersey philadelphia medical malpractice attorneys Myrtle Beach Funeral Home
The listed defendants in the case include the funeral home, the Horry County Coroner Robert Edge, and the Deputy Coroner Christopher Burroughs. The lawyers discussed some of the merits of the case by stating that both Myrtle Beach Funeral Home and the Coroner’s Office, by and through its employee, Deputy Coroner Burroughs, had clear knowledge that they were not to go forward with any cremation procedures until after they heard from Ms. Ashcraft’s family regarding arrangements for an autopsy. This is an unfortunate situation because the family’s motivation was to ensure that the woman was not the victim of medical malpractice. The family is seeking a judgment from a jury that would include actual and punitive damages. Medical malpractice attorneys argue that this family certainly had the right to find out how and why Ashcraft passed away. Without a reliable autopsy, if there was medical malpractice involved, they would not be able to pursue a lawsuit against the hospital and treating health care providers.

Medical Malpractice Attorneys in New Jersey and Philadelphia

Medical Malpractice Attorneys Sue Deceased Plastic Surgeon

Judith Julian, an Arizona woman, is the most recent plaintiff to come forward and accuse a deceased surgeon of medical negligence. Medical malpractice attorneys believe that there are now approximately twenty such claims that have been filed this year. Daniel Ronel, the plastic surgeon whose estate is named in the lawsuit, recently passed away in a one-car accident in New Mexico. Julian’s claim accused the doctor of medical malpractice following her surgical debridement and abdominoplasty procedure, more commonly known as a “tummy tuck“. Julian claims that she suffered “bodily injury, physical and emotional, past and future pain and suffering, permanent disfigurement, past and future medical and related expenses and partial loss of enjoyment of life.” Julian also named the Physicians Plaza Surgery Center of Santa Fe, claiming that they failed to realize that Dr. Ronel was unable and ill-equipped to perform surgery.

Doctor’s License was in Danger

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Prior to Ronel’s death, he was scheduled to go before the New Mexico Medical Board because of ten charges of medical negligence that were brought forth by former patients. That hearing could have led to a suspension for the doctor or even a potential revocation of his license to practice medicine in the state. Now, medical malpractice attorneys will argue their cases in front of juries in the state of New Mexico who will then determine if the doctor was negligent and owes compensation from his estate.

Ronel’s wife was quoted as saying, ”I knew this would happen, because a dead doctor is a very easy target.” Mrs. Ronel has publicly stated that she believes fault lies with her husband’s patients and not with him –

“Some of these cases are from life seven years ago. They’re complaining they didn’t like their scar. Meanwhile, they did not follow doctor’s orders. They smoked. They continued to be morbidly obese in some cases. That’s not a judgment. Its just not healthy in healing from surgery.”

Although Elizabeth Ronel has strong opinions, medical malpractice attorneys believe that these plaintiffs may have viable cases if it can be shown that the doctor was indeed negligent while practicing medicine.

Medical Malpractice Attorneys in New Jersey and Philadelphia

If you or a family member have recently been the victim of medical negligence, you should discuss your legal rights 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 Win Large Verdict in Birth Defects Case

Ana Mejia and Rodolfo Santana were excited about the birth of their son Brian. That excitement was offset considerably when it was discovered that the baby had major malformations and birth defects. Medical malpractice attorneys took the case on behalf of the parents and argued that Dr. Marie Morel, OB/GYN Specialists of Palm Beaches and Perinatal Specialists of the Palm Beaches, had failed to properly diagnose their son and notice the potential defects. A Florida jury agreed with the plaintiffs and awarded them $4.5 million in the medical malpractice lawsuit.

Doctors Fail to Properly Examine Pregnant Woman

Brian Santana was born with no arms and one leg. The parent’s lawsuit claims that Morel and the ultra sound technician should have detected the missing limbs. The medical malpractice attorneys also found that both the doctor and the technician signed a report stating that they had seen all four limbs during the ultrasound. This news led the parents to believe that their child was healthy and would not be suffering from any major birth defects. The plaintiffs argued that because of this negligence, they were not properly informed about their son’s health and had they been, they would have terminated the pregnancy. This failure to properly diagnose the young boy and properly inform the parents of his health is a clear violation of the acceptable standard of medical care. It is the hope of the medical malpractice attorneys that this money will be an appropriate amount to care for the child, who will need considerable medical attention for his entire life.

Medical Malpractice Attorneys in New Jersey and Philadelphia

If you or a family member have recently been the victimized by medical malpractice or negligence, you should contact a medical malpractice attorney to discuss your legal rights. 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.

Birth Defects Attorneys Reveal List of Anti-Convulsants Causing Birth Defects

It is no secret that pregnant women have difficulty with medications, as many medicines and drugs can have extremely adverse effects on a fetus. Birth defects attorneys remind pregnant women to always check with their OB/GYN before taking any medications.

Because medicines can have such devastating effects on a pregnancy, a pregnant woman’s medicinal treatment is usually quite limited. For pregnant women suffering from epilepsy, that treatment is about to become even more limited.

Topamax, the FDA, and AdverseEvents, Inc.

birth defects attorneys in nj and pa Months ago, the Mininno Law Office blog posted about the anti-epileptic drug Topamax, which was shown to cause oral malformations, such as cleft lip or cleft palate, in newborns whose mothers took the drug during pregnancy. The FDA recently changed the drug’s classification from Class C, which is a drug that displayed adverse fetal effects during animal testing, to Class D, which is a classification for drugs that display “positive evidence of human fetal risk.” Now, a litany of other anti-epileptic drugs have been added to a list of drugs that are dangerous to fetuses.

Unfortunately, thanks to the competitive nature of Big Pharma, attorneys, consumer protection and/or patient advocacy groups, and private companies are the people releasing information about the dangers these drugs pose when taken during gestation; dangers as told by the FDA’s Adverse Events Reporting System.

AdverseEvents Inc. is a private company that analyzes the FDA’s adverse drug event database for use in the healthcare industry. AdverseEvents Inc. discovered that the following drugs had as many as 25 reports of birth defect related complications.

Carbatrol/Tegretol – head and facial deformities, spina bifida, and heart defects
Depacon/Kene/Kote – neural tube defects, craniofacial defects, cardiovascular malformations
Dilantin – oral/heart malformations, growth/mental retardation, Fetal Hydantoin Syndrome
Keppra – skeletal problems, slowed growth (before and after birth)
Klonopin – Oral malformations (cleft lip/palate), limb defects, infant withdrawal
Lamictal – cleft lip, cleft palate
Neurontin – spina bifida
Trileptal – craniofacial defects, miscarriage
Zonegran – spina bifida, cerebral palsy, cleft lip/palate

None of the above drugs have had classifications changes from the FDA, but for a few, it is only a matter of time.

Birth Defects Attorneys in New Jersey and Philadelphia

If you are a pregnant and currently taking any of the aforementioned anti-epileptic drugs, speak with your doctor as soon as possible about other, safer options. If you are a parent who has recently given birth to a child who suffers from a birth defect that you believe can be attributed to one of the above prescription drugs, contact the Mininno Law Office to speak with birth defects attorneys and discuss your legal rights. You may also call for a free case evaluation and consultation at 856-833-0600 in New Jersey, or 215-567-2380 in Philadelphia.

Medical Malpractice Attorneys Represent Couple in Case of Neglect

Christina Mecannic, 40, and Michael Yocabet, 50, have been together for twenty one years and have an eighteen year old son. When Michael was in need of a kidney transplant, it was a no-brainer for Christina to be the donor. Unfortunately, medical malpractice attorneys have found that Michael’s doctors went forward with the procedure and transplanted the kidney despite blood test results that showed Christina had been infected with hepatitis C.

Hepatits C is an infectious disease caused by the Hepatitis C Virus, or HCV, that usually affects the liver. It tends to be asymptomatic at early onset and over time starts to affect liver function. Those with Hepatitis C generally face a higher risk of cirrhosis, which can lead to liver cancer, liver failure, or other fatal complications.

Based on this shocking and nearly unbelievable news, Michael fears that he may have contracted the fatal liver disease following the transplant that took place on April 6th at the University of Pittsburgh Medical Center(UPMC).

Transplant Team Allegedly Misses a Crucial Blood Test Result

The couple has filed two malpractice lawsuits in which their medical malpractice attorneys will argue that there was negligence on the part of UPMC, University of Pittsburgh Physicians, four doctors, a nurse, and the whole kidney transplant center. Even more unnerving, the lawsuit alleges that the doctors offered Mecannic the option of keeping the hepatitis C diagnosis secret from her boyfriend after asking whether she was ever unfaithful to her partner and accused her of using cocaine. UPMC officials vigorously deny that there was a cover up and a spokesman stated “we sincerely regret the human error that caused this situation . . . once the error was discovered, UPMC disclosed the information to the patients involved”. The actual transplant procedure went well but now Yocabet faces the prospect that his treatment for the liver disease could in turn harm his new kidney due to the anti-rejection medication he is currently taking.

Medical Malpractice Attorneys in New Jersey and Philadelphia

If you or a family member have recently been the victim of medical negligence, you should speak with a medical malpractice attorney as soon as possible. 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 Verdict, Damage Caps Destroy It

When Lisa Gourley was pregnant with twin boys, Colin and Conner, she was nothing short of ecstatic. However, when she was 36 weeks into her pregnancy, she noticed that the babies’ movements had decreased significantly. Lisa’s doctor told her not to worry about it and sent her back home as if everything was normal. Unfortunately, everything was not normal. When the twins were delivered, neither was breathing. Colin was not getting oxygen and suffered a brain injury. Medical malpractice attorneys won the family $5.6 million to cover Colin’s future medical expenses and for pain and suffering.
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Lawyers project that Colin will need approximately $12.4 million to receive the care he needs for life. This figure far exceeds the actual amount awarded after cap laws in Nebraska reduced the nearly 6 million dollars to just over 1 million. Lisa Gourley stated “we feel, you have a right to a jury trial. That’s one of your constitutional rights and part of that is your right to a remedy.” Colin Gourley’s case is clearly a devastating one; his entire life altered due to medical malpractice. It must not be easy for him to watch his twin brother, a healthy young man, do all of things normal, healthy teenagers do, while he himself must struggle ten times more through life.

The boys are now 17 years old and Mike Gourley, their father, stated that Colin “knows enough to understand that Conner has girls over, friends over. He likes that and wants the same stuff. But he doesn’t have the ability to socialize.” This story is a nightmare for medical malpractice attorneys, who fight to earn clients a sum of money that should be sufficient to help support them for life but it is drastically cut by damage caps.

Medical Malpractice Attorneys in New Jersey and Philadelphia

If you or a family member have recently been the victim of medical negligence, you should seek out the counsel of our professionals. We are experienced and successful in earning awards for victimized patients. 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.