medical malpractice lawyers Archives - Page 7 of 9 - New Jersey Medical Malpractice Lawyers

Medical Malpractice and Sleep Deprivation; Should Surgeons Disclose to Patients When They Haven’t Slept?

As a New Jersey and Philadelphia medical malpractice attorney, I found a recent article published in the New England Journal of Medicine quite interesting. It posed a question regarding surgeons and their often wearisome schedules; Should a surgeon who has been deprived sleep in the past 24 hours be obligated to do disclose such to his/her patient?

Surgeons and Surgery Schedules

new jersey philadelphia medical malpractice lawyers disclosure lack sleep Sleep deprivation can affect a surgeon or physician’s clinical and physical performances as severely as alcohol intoxication, and therefore increase risk of medical malpractice. But for a hospital, the task of ensuring that it’s surgeons are not suffering from fatigue has proven quite a challenge. Hospitals are in need of 24/7 coverage of clinical procedures, and must provide continuous care. Hospital trainees currently have work regulations set forth by the Accreditation Council of Graduate Medical Education that restrict them to a maximum of 16 consecutive working hours followed by a minimum of 8 hours off-duty. These types of regulations do not currently exist for fully trained physicians, who work multiple on-call and overnight shifts a week, strategically placing elective surgical procedures in between.

Furthermore, continuous sleep deprivation can lead to more serious problems, creating a larger concern regarding it’s effect on patients. Surveys show that patients would be very concerned if they were told that their physicians had gone 24 hours without sleep, and 80% of those surveyed said they would request new providers. Considering how important this is to so many patients, it seems informed consent should be demanded in these situations.

The Sleep Research Society has proposed legislation that would require medical providers who have been awake for 22 of the last 24 hours to:

“inform their patients of the extent and potential safety impact of their sleep deprivation and to obtain consent from such patients prior to providing clinical care or performing any medical or surgical procedures.”

Patients should be informed of the impairments sleep deprivation and fatigue can cause, as well as the increased risk of complications associated with proceeding. Patients should then be given the opportunity to proceed, re-schedule, or proceed with a different physician. Until hospitals can staff their facilities accordingly, patients will have to play a more active role in their medical care in order to protect themselves from medical malpractice and negligence.

Medical Malpractice Lawyers in New Jersey and Philadelphia

If you or a loved one have suffered at the hands of a negligent medical provider, 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. The medical malpractice lawyers at the Mininno Law Office are experienced and skilled in earning victims their full and fair compensation.

Medical Malpractice Lawyers Keep Debunking Tort Reform Myths!

new jersey philadelphia medical malpractice lawyers debunking tort reform myths A key issue in the tort reform debate involves “defensive medicine.” Supporters of medical malpractice litigation reform claim that “defensive medicine,” usually in the form unnecessary and preemptive testing, is largely due to a widespread physician fear of lawsuits. They claim that these tests drive up the costs of health care, and that reducing a doctor’s chances of being sued would simultaneously reduce the occurrences of defensive medicine, and thus reduce the costs of health care. However, a recent study performed out of the University of Iowa and funded by the Robert Wood Johnson Foundation (the nation’s largest philanthropy devoted to public health) found that in states where tort reform legislation was passed, defensive medicine is still being practiced and doctors are still just as fearful of being sued.

Study Finds that Tort Reform Allegations are Simply Propoganda

Researchers achieved their results by ranking lawsuit risk on a state-by-state basis by the amount of claims actually paid by medical malpractice insurance companies. Research found that doctors who practiced in low-risk states (states that have passed their own tort reform legislation) had essentially the same amount of anxiety about being sued as doctors in high risk states (states that have not passed any type of malpractice reform). Defensive medicine is still being practiced, and therefore tort reform did not lower health care costs. The study stated:

“Overall, the study suggests that current tort reform efforts aimed at reducing malpractice risk would be relatively ineffective in alleviating physicians’ concern about lawsuits and therefore may not alter defensive medicine practices.”

Tort Reformists Ignoring Real Issue

What is alarming is that recent studies have shown that medical malpractice is not decreasing, despite defensive medicine and other efforts. A study of 10 North Carolina hospitals published in the New England Journal of Medicine (read our blog regarding this study) assessed 2,300 random patient files. Of those 2,300 patients, 39%endured some sort of medical error or patient harm. Seventeen errors resulted in permanent injury, and fourteen resulted in death.

It seems that more time and effort should be spent on correcting the horrid rate of medical errors, rather than saving HMO’s and negligent medical providers money. While tort reformists and insurance lobbyists push to limit liability and cap damages for injured patients, doctors and hospitals continue to harm patients at an unacceptable rate. It looks like priorities in this matter have been seriously skewed.

Medical Malpractice Attorneys in New Jersey and Philadelphia

If you or a loved one have suffered at the hands of a negligent medical provider, 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.
Let the team at the Mininno Law Office earn you the compensation you need and deserve.

Response to Republican Malpractice Bill

Last week, Republicans introduced tort reform legislation that would make serious changes to current medical malpractice liability and infringe upon the rights of patients nationwide. Malpractice liability has been a hot topic of debate for quite sometime, and after the introduction of this bill, many people have varying opinions on the issue.

HEALTH Act Unlikely to Pass

While the bill has a good chance of winning passage in the House, it most likely will face intense opposition in the Senate. Senate Judiciary chairman, Senator Patrick Leahy (D-VT), has always opposed caps on damages and instead supports lifting anti-trust immunity for insurance companies in hopes of sparking competition within the industry and subsequently lowering premiums.

new jersey philadelphia medical malpractice lawyers Overwhelmingly Opposed Tort Reform White House aides have provided that President Obama is strongly opposed to placing caps on damages for injured patients, but would be open to utilizing other avenues of resolution, such as “health courts” or special arbitration systems.

Illinois and Georgia have recently struck down state-wide caps on liability, arguing that they violated their state constitutions. Liability caps are an unfair advantage to insurance companies and severely negligent medical providers, as it is in the worst cases that juries are inclined to offer large sums of money for pain and suffering.

California has been using a cap system since 1975 and claims that those caps are what keep insurance rates low. However, consumer groups in the state maintain that California’s regulations on insurance rates are what serve to keep premiums low, not their caps on liability.

Medical Malpractice Lawyers in New Jersey and Philadephia

If tort reform is a way to keep premiums low, why not skip the middle man and fix the actual problem; insurance companies charging astronomical amounts of money to protect their clients. Limiting the awards to an injured victim of malpractice may or may not change insurance premiums. Without regulations on the industry, insurance companies will remain free to charge whatever they like. The answer to our current healthcare problem cannot be found by limiting patient rights.

If you or a loved one have suffered at the hands of a neglient medical provider, 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. Let the medical malpractice lawyers at the Mininno Law Office earn you the compensation you need and deserve.

Medical Malpractice Takes Life of 37 Year Old Man

Medical malpractice attorneys won a 1.2 million dollar verdict for 3 children who lost their father to medical malpractice.

Narcotic Overdose in ER

new jersey philadelphia medical malpractice lawyers duragesic patch chad aders Chad Aders, 37, was prescribed a Duragesic patch in the ER by Dr. Bryan Lilly in July of 2004. The patch contains a very potent narcotic called Fentanyl that enters the bloodstream through the skin. Dr. Lilly prescribed 75 micrograms of the drug which is well over the manufacturer’s reccomendations. Aders took the prescription to the drug store, got it filled, applied the patch as he was told, and went to bed. He was found dead in his bed the following day. His children were seven, eight, and seventeen.

Lilly’s trial lasted four days, and the jury spend 58 minutes deliberating before they returned a $1,206,394.72 verdict.

Medical Malpractice Lawyers in New Jersey and Philadelphia

Dr. Lilly’s mistake cost a man his life, and three young children their father. Narcotics are a very dangerous category of drugs and the fact that Dr. Lilly wasn’t more aware of the possible effects of such a high dosage is appalling. Had he acted with more attentively, perhaps this horrible tragedy never would have taken place.

So often in the ER, physicians are rushing and make wrong decisions in haste. Emergency rooms can be crowded and chaotic, but a doctor must be able to ignore the chaos and treat patients adequately. Too often, simple errors take lives.

If you or a loved one have suffered at the hands of a negligent medical provider, 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 Philadephia. The medical malpractice lawyers at the Mininno Law Office are dedicated to earning full and fair compensation for those seriously injured or affected by medical negligence. Even if you are unsure as to whether or not you have a case, contact an attorney at our office. We can help you break down the facts of your case to decide if further actions should be taken.

House Introduces Malpractice Reform Bill

On Monday, Republicans introduced medical malpractice reform legislation into the House that, if passed, would greatly limit the rights of patients who have suffered injuries at the hands of negligent medical providers. The bill, sponsored by Republican Phil Gingrey (R-GA), an OB/GYN, Republican David Scott (D-GA), and Judiciary Committee Chairman, Republican Lamar Smith (R-TX), aims to place extensive limits on how and when victims of medical negligence can file claims. It also aims to apply one-size-fits-all caps on recoveries.

The HEALTH Act

new jersey medical malpractice lawyers republican phil gingrey — Republican Phil Gingrey (R-GA)

The bill was introduced as the Help-Efficient, Lowcost, Accessible, Timely Health Care Act, or HEALTH Act. Supporters of the proposed legislation claim that reform of the medical liability system is necessary to lower healthcare costs. But the Congressional Budget Office has estimated that such reform could only save, at most, .5% of all healthcare costs. Furthermore, the bill does nothing to support an American people that loses up to 100,000 lives a year to medical negligence. With caps on liability, the bill serves as a government hand-out to physicians, insurance companies, nursing homes, and even pharmaceutical companies, that act with negligence and greed, and harm patients and consumers.

Limiting liability and removing many patients’ rights to a jury trial will only further the country’s current medical negligence problem that continues to worsen. What motivation is there to provide better care when accountability lessens? If healthcare reform is the question, sacrificing patients’ rights is not the answer.

Medical Malpractice Lawyers in New Jersey and Philadelphia

Medical malpractice lawyers everywhere are fighting the passage of medical liability reform legislation. Patients are injured everyday due to the practice of negligent and careless medicine, and many need compensation to carry out the rest of their lives.

Let our team fight for your rights to full and fair compensation.

President Obama Mentions Tort Reform in his State of the Union Address

Last night, in his State of the Union Address, President Obama tenderly glossed over a subject that has been a source for much debate over the last few years; medical malpractice reform. The President stated that he was:

“willing to look at other ideas to bring down [health care] costs, including one that Republicans suggested last year: medical malpractice reform to rein in frivolous lawsuits.”

Tort Reform Hurts Consumers

new jersey philadelphia medical malpractice lawyers president obama tort reform As medical malpractice lawyers, we find that those who accuse medical malpractice claims of being frivolous do not understand the extent of the damage done to people’s lives when negligent doctors make irreversible mistakes. Tort reform would only serve to harm those who are already victims of their health system, and reduce liability for those companies that, by merit of their missions, should be working for their consumers, not against them.

Medical providers and manufacturers have great responsibilities to those that lend them their trust. Patients put their lives in the hands of doctors and surgeons. Consumers put their lives in the hands of manufacturers. Limiting the liability that these figures would be responsible for would only assist in diminishing the importance of those responsibilities. Many states in the US have already begun putting in place their own tort reform legislation; reform that includes caps on damages. For a family of five in Texas with a working mother that died due to a cancer misdiagnosis, a medical malpractice lawsuit could reap no more than $250,000. This amount of money would hardly cover medical bills, let alone take care of the remaining family members in the absence of their mother’s income.

Allegations that the tort system costs the health care industry billions of dollars a year are constantly debunked. Health Affairs, the leading journal of health policies and research, estimated that less than 2.5% of all healthcare costs can be attributed to medical malpractice litigation. And while tort reformists argue about “frivolous lawsuits,” they never seem to mention the “frivolous defenses.” Medical providers who have made irrevocable mistakes, instead of taking responsibility and compensating accordingly, mount “frivolous defenses,” paying high priced lawyers and medical “experts” to argue that the medicine they practiced was on par with the standard of care.

While most doctors strive to heal, there are those that strive only to gain money and power. These doctors will cut corners and practice negligent medicine, and it’s these doctors that must be held liable. How can we protect patients and consumers when we are restricting punishment and restitution for their harms?

Medical Malpractice Lawyers in New Jersey and Philadelphia

So often, the media taints it’s picture of medical malpractice attorneys and their fight against medical negligence. It is a widespread belief that these “ambulance chasers” want nothing more than money, and they’ll get it any way they can. This couldn’t be further from the truth. Medical malpractice attorneys work on a contingency basis, meaning they work for free unless they win. And they work on the side of justice, hoping to earn compensation for those who have been seriously injured and affected by negligence.

If you or a loved one have suffered due to medical malpractice, 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 the Mininno Law Office team work to earn you the compensation you need and deserve.

Medical Malpractice Suit Settles for $2.5 Million in Boston

Four year old Rebecca Riley died in 2007 from an overdose of psychiatric drugs prescribed by her psychiatrist. Her parents are in jail for her murder. The medical malpractice claim her estate filed settled for $2.5 million, and the money will be dispursed among her siblings. What happened to young Rebecca Riley?

ADHD and Bi-Polar Disorder in a Four Year Old?

Rebecca Riley was seeing Dr. Kayoko Kifuji of Tufts Medical Center in Boston, Massachusetts to be treated for Attention Defecit Hyperactivity Disorder, as well as Bi-Polar Disorder, at age four. Her siblings, 11 and 6, were being seen by the same doctor and being treated for the same diseases. While ADHD is a common diagnosis in rambunxious children, Bi-Polar Disorder is uncommonly diagnosed before the age of 25. A red flag should have gone up immediately when 3 children in the same family under the age of 15 were being treated with serious mood altering drugs for illnesses they very well may not have had.

new jersey philadelphia medical malpractice lawyers dr. kifuji negligence boston During litigation, Dr. Kifuji testified (in return for immunity from prosecution) that she had been fooled by the children’s parents, Carolyn and Michael Riley, who lied about symptoms and mental conditions in order to collect federal disability checks for their offsprings’ alleged behavioral and mental disorders. Many questioned why, after indications that the Rileys could be harming their children, Dr. Kifuji didn’t do more to protect the youngsters.

Carolyn and Michael Riley were tried and convicted last year in seperate trials for murdering their daughter by way off reckless dispensing of prescription drugs.

Tufts Settles for $2.5 Million

Lawyers for Rebecca’s estate decided to settle for Kifuji’s insurance company’s max of $2.5 million to spare the surviving Riley children the drawn out and painful process of a trial. The money will be split up amongst the two children, who have lost their sister, and whose parents are now in jail. Part of the settlement also required Tufts to set up educational and outreach programs for families with children suffering from mental illnesses.

Medical Malpractice Lawyers in New Jersey and Philadelphia

It’s hard to say who was more negligent regarding the death of young Rebecca Riley. While her parents certainly acted with extreme depravity, Dr. Kufuji, equipped with years of medical education and training, should have been able to spot lies and correctly diagnose the Riley children. Had she acted more pro-actively, perhaps this horrible tragedy never would have taken place.

If you or a loved one have been affected by the actions of a negligent doctor or medical provider, 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. Don’t let careless medicine go unpunished.

The Mininno Law Office team can earn you the compensation you need and deserve.

Medical Malpractice Caps in California Prevent Parents from Receiving Answers

Mr. and Mrs. Cull lost their daughter to medical malpractice during a routine surgery and spent the last two years trying to find out why, still unsure if they actually know what happened in the operating room that fateful day.

Olivia Cull Dies After Routine Procedure

new jersey philadelphia medical malpractice attorneys olivia cull surgery california Olivia Cull underwent surgery as a baby that left one side of her heart smaller than the other. She lived her life this way, until she was a senior in high school. Doctors wanted to install a catheter in her heart to prep for the final surgery that would correct the small side of her heart. She was nervous, but her mother reassured her that the catheterization procedure would only take a few hours, and that she had done it many times before. Doctors told the Culls Olivia would be home before dinner.

A few hours later, a cardiologist entered the waiting room with bad news. An error that occurred in the cathederization lab caused Olivia do be deprived of oxygen for 40 seconds. Mrs. Cull assured herself that everything would be fine. After all, kids can hold their breath for that long in the pool. Mrs. Cull entered the room where Olivia lay on the table. In her mouth was a breathing tube. She also noticed a pool of blood on the floor.

Eight days later, they had Olivia removed from the ventilator. Her heart went on beating for three days. An internal breathing tube was removed on the third day, and Olivia died. An autopsy revealed that she suffered from brain damage that occured after a heart attack the hospital attributed to Olivia’s heart defect, but that didn’t seem right. The Culls wanted answers. They reviewed the hospital’s medical records, after jumping through hoops to get them, but determined that the only way to truly discover what happened to their daughter was to sue.

Lawyers Don’t Want the Case

The Culls searched for attorneys to take the case, but had a terrible time finding one. Medical malpractice caps in California made it extremely difficult for lawyers to see merit in their claim. They finally found an attorney, Jin Lew, to take the case pro bono.

Lew found the medical records to be incomplete, and subpoenaed the rest of the the records. Hundreds of additional pages were sent that revealed that Olivia was treated by two unqualified individuals; a postdoctorate fellow who removed a catheder without doctor supervision, and a second fellow that was not cleared to treat patients. The Culls had never been alerted that these were the people who would be treating their daughter.

The Culls were urged to accept a settlement agreement for $250,000, since that was the amount of the liability cap for medical malpractice claims in the state. However, Mrs. Cull believes that the threat of a larger settlement would have forced the hospital to reveal what really happened that day in the cathederization lab.

Medical Malpractice Lawyers in New Jersey and Philadelphia

The Culls lost their daughter to negligence and poor judgement. You young woman had loads of potential, having been a model student who also excelled at violin and fine arts. Her death was a loss not only for her family, but for all those that knew and associated with her. Capping the liability of those that carelessly treat patients is an extremely detrimental practice for our medical system. Medical providers must be held 100% liable for their mistakes.

If you or a loved one have suffered at the hands of a negligent or careless medical provider, 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 the Mininno Law Office team earn you the compensation you deserve.

Philadelphia Doctor Charged With Murder

Dr. Kermit Gosnell, without question guilty of medical malpractice, has also been charged with 8 counts of murder associated with his illegal practice of abortions out of his office in West Philadelphia.

Forcing Abortions and Murdering Infants

new jersey philadelphia medical malpractice lawyers doctor charged murder philadelphia In Pennsylvania, late-term abortions, or abortions after 24 weeks, are illegal. However, Dr. Gosnell, with no certification in obstetrics or gynecology, was performing them out of his office. These late-term abortions often resulted in the birth of living fetuses. It is alleged that Dr. Gosnell and his staff would then kill these fetuses by “plunging scissors into their spinal cords.” (Weisenberg, Brin Wall Street Journal 1/20)

Of the eight murder counts, seven are attributed to the deaths of infants, and one is attributed to the death of Karnamaya Monger, a woman who received an anesthesia overdose during an abortion procedure performed by Dr. Gosnell.

Yesterday’s New York Times article on the doctor noted that the grand jury report described unsanitary working conditions at Gosnell’s clinic, broken and reused medical equipment, and perhaps most depraved, improper storage of aborted fetuses.

Women affected by Gosnell’s mindless and negligent practice of medicine have come forward with horror stories about their experiences. At 15 years old, Robyn Reid was forced to the clinic by her grandmother. She did not want to have an abortion and thought that when she saw the doctor, she could say as much and simply sneak away. When Robyn expressed her feelings, Gosnell allegedly told her he “[didn’t] have time for this,” tore away her clothes, smacked her, and forced her onto a stretcher.

Nicole Gauthier went to Dr. Gosnell for an abortion in 2001. Four days after her procedure, she was in excruciating pain and could hardly stand. Upon returning to the doctor to find out what was wrong, he told her he left fetal matter in her uterus, and proceeded to suction it out without any medication.

Davida Johnson changed her mind about getting an abortion while in the treatment room, but Gosnell’s staff ignored her pleas. They hit her, tied her down, and sedated her into unconsciousness. When she woke up, she wasn’t pregnant anymore. A few weeks later, she was diagnosed with a venerial disease that she believes she contracted at Gosnell’s office from the use of unsterilized equipment. She has since been unable to carry a baby full term, having four miscarriages since 2001.

Medical Malpractice and Downright Depravity

Dr. Gosnell is the kind of medical provider we all fear. He acted out of pure, unadulterated greed, practicing only for personal gain as opposed to practicing for the well-being of his patients. And he broke a myriad of laws in the process. Lives have been forever changed because of his consciousless actions, and hopefully he will be punished accordingly.

Medical Malpractice Lawyers in New Jersey and Philadelphia

If you or a loved one have suffered at the hands of a negligent or careless doctor, contact the Mininno Law Office for a free case evaluation. You are a victim medical negligence, and someone is responsible for your injuries. You may also call for a free consultation at (856) 833-0600 in New Jersey, or (215) 567-2380 in Philadelphia.

Let the Mininno Law Office team earn you the compensation you need and rightfully deserve.

Tort Reform Strikes Again, This Time in Wisconsin

On Tuesday, the Wisconsin State Senate passed new tort reform measures that have opponents (patients, patient advocates, medical malpractice lawyers, consumer advocacy groups) “up in arms.” The bill, which is now headed to the Assembly, could severely limit liability to medical providers who commit medical malpractice in hospitals and nursing homes.

Tort Reform Hurts Patients

new jersey philadelphia medical malpractice attorneys Tort Reform Strikes Again Wisconsin The business community is thrilled by the bill the Senate passed this week. Of course they are; the new measures make it harder to get sued! Patient advocates, however, view the bill as a shield for medical providers who injure or abuse in nursing homes, or who practice careless, dangerous, and sub-standard medicine.

Provisions of the bill include:

Limiting non-economic damages. These damages include payment for loss of companionship, mental distress, or pain and suffering, among others. Payment would max at $750,000 for medical malpractice cases in nursing homes. The $750,000 cap is already in place for medical malpractice cases in hospitals or private practices.
Limiting punitive (punishment) damages. Punitive damages would be reduced to $200,000, or twice the amount of compensatory damages – whichever is higher.
Raising the criteria for winning punitive damages. With the passage of the bill, plaintiffs will have to prove that the accused acted with “intent to cause injury to a particular person,” or with the knowledge that their actions would lead to an injury.
Preventing the admission of certain reports as evidence. Reports from state regulators, or statements from employees of a health care provider, would no longer be admissable as evidence in civil or criminal cases.
Changing Expert Standards Qualifications for those who can provide expert testimony would be raised.

The bill’s provisions could do a lot of harm to a patient’s right to compensation for serious injuries caused by medical malpractice or nursing home abuse.

Medical Malpractice Lawyers in New Jersey and Philadelphia

Tort reform supporters who boast it’s economic benefits don’t tell you that those benefits only speak to large corporations and insurance companies who proft from the limited liability that tort reform precipitates. Innocent people, like you and I, who have been seriousley and permanently injured by a negligent or careless doctor, hospital, or nursing home see no benefits at all from capped damages and limited liability.

If you or your loved one has suffered medical malpractice at the hands of a negligent medical provider, 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. Let the medical malpractice lawyers at the Mininno Law Office earn you the compensation you need and rightly deserve.