medical malpractice lawyers Archives - Page 5 of 9 - New Jersey Medical Malpractice Lawyers

Medical Malpractice Attorneys Try to Settle on Behalf of Bereaved Family

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Michael Notarangeli is the executor of the estate of Elaine Notarangeli, a Massachusetts woman who was 72 years old when she passed away. The family urges that the delay in diagnosis and treatment of a necrotic bowel led to the woman’s death. Necrotic bowel occurs when there is a lack of blood flow to the region. The family agreed to attempt to negotiate an out of court settlement through mediation with the defendants, including Lakes Region General Hospital, as well as several other doctors. Medical malpractice attorneys generally attempt to settle cases more frequently than they take them to trial in order to provide compensation for their clients more quickly and to avoid the hassle of a long and extensive litigationprocess.

Settlements are the Optimal Solution

An enormous amount of civil lawsuits are settled long before they ever reach the courtroom and there is a good reason for that. The sooner the process comes to an end, the quicker a patient can be compensated for any injuries that have been sustained. Furthermore, medical malpractice attorneys find that as litigation drags on there are increasing costs. Courts are already backed up and it often takes years for a case to get before a judge. Such is the case with Notarangeli. If that a settlement is not reached, it is likely that the case will not be heard until 2013.

Lawsuits and all of their counterparts – preparation, discovery, and investigation – are quite costly. These costs can be avoided if a settlement is reached early on in the process, leaving a much larger amount to a patient in need of compensation. Settlements very often are more beneficial to a victim or a victims family, trying to move on from their tragedy and get on with life.

Medical Malpractice Attorneys in New Jersey and Philadelphia

If you or a family member have recently been the victim of medical negligence, take the time speak with our medical malpractice attorneys about 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.

Medical Malpractice Attorneys: Woman Lost Legs and Nearly Lost Life

Sharlee Ann Smoyer was only fifty five years old when she was the victim of medical negligence that changed her life forever. Smoyer’s medical malpractice attorneys argued that a home care nurse, who was treating Smoyer for complications associated with her Crohn’s Disease, did not report a bacteria-infected catheter while caring for the plaintiff. The infection, which became quite serious and nearly killed the 55 year-old woman, led to the amputation of both legs below the knees and a finger on the left hand.

Woman Awarded $23 Million in Damage

new jersey philadelphia medical malpractice attorneys Sharlee Ann Smoyer case

Judge Carol McGinley oversaw seven days of testimony in the case. At the conclusion of the trial, the jury found the nurse, Jolynn Yurchak, and her employer, St. Luke’s Miners Memorial Home Care, liable. The plaintiff was awarded $23 million in order to compensate for pain and suffering, medical expenses, and lost wages. The plaintiff’s lawyers stated,

“Sharlee Smoyer was one of St. Luke’s most vulnerable home-care nursing patients and they refused during this trial to accept even the most basic responsibility for mistakes made in her care.”

The medical malpractice attorneys concluded,

“Ms. Smoyer hopes that the verdict will result in St. Luke’s redoubling its efforts to help prevent catheter-related bloodstream infections in the home-care setting.”

Although the plaintiff was awarded an enormous amount of money, this amount is necessary to help her adjust to the drastic changes that will now shape her life.

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 Examine the Pros and Cons of Litigation

Recently, there has been much debate over medical malpractice lawsuits and the potential need for tort reform across the United States. Although some experts are quick to “poo-poo” medical negligence cases as attacks on medical professionals, lawyers maintain that an individual’s right to sue is part of their bigger right to compensation for losses at the hands of others. Medical malpractice attorneys will point to certain social goals that are achieved by bringing these cases, while others may counter by pointing to the increased costs, strain on the court systems, and the high prices paid by doctors for some sort of defensive insurance.

Important Social Goals of Medical Malpractice Lawsuits

new jersey philadelphia medical malpractice attorneys examine pros cons litigation One major benefit of medical malpractice lawsuits is that they force healthcare providers to maintain acceptable standards of care. Doctors and nurses will be less likely to implement unsafe practices if they face a potential of being hauled into court and forced to pay for the results of their negligence. With certain reform systems suggesting a cap for damages, the maximum amount that lawsuits would be worth may not be enough to deter healthcare providers from engaging in unsafe behavior.

A second benefit is that verdicts and settlements also serve as a form of punishment. Negligent physicians should be reprimanded for their actions, but without sufficient punitive cost, no punishment is really handed down. Considering that most victims of medical malpractice will never attempt to bring a case against their doctor, negligent doctors, nurses, and other healthcare providers should be forced to answer for their behavior in the event they are called on to do so.

Finally, a third social goal is the compensation of patients who have been injured by negligence. These victims are often left in worse shape after sustaining injuries due to malpractice and it is important for medical malpractice attorneys to seek the compensation necessary to make the lives of their clients as normal and fulfilling as possible.

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 to our professionals about 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.

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

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 case 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.

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

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 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 errors 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 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

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 PA In 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 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.