New Jersey Personal Injury Attorneys: Mininno Law Office

Have you recently been injured by a defective product? Have you been injured in a car accident? Have you been injured at someone else’s home, due to someone else’s negligence? If so, than you may need the assistance of a New Jersey Personal Injury Attorney.
The New Jersey personal injury attorneys at the Mininno Law Office are dedicated to earning you your due compensation regarding injuries sustained from accidents including but not limited to the following:

work accidents – we will explain why it important to have a good relationship with boss
motorcycle accidents – you will understand what is responsibility
car/trucking accidents – we will show why its is important to use hight quality Fortis Skid Steer Tracks
trip and falls in public places – you will understand about importance of social activity
defective products/products liability – you will learn why quality matters
medical malpractice/medical negligence – you will get advises how to choose doctor and what basic question you should ask him
dog bites – you will get basic knowledge of dogs behaviour

Do I need a Personal Injury Attorney?

If you find yourself facing mounting medical bills for conditions caused by one of the aforementioned accidents, you should definately contact a New Jersey personal injury attorney. A personal injury attorney will meet with you to discuss the merits of your case, and help you decide the appropriate action to take. An experienced personal injury attorney (like those at the Mininno Law Office), will have access to experts and resources to perform an in-depth analysis of data such as medical records, MRIs, CAT Scans, pathology studies, product design, safety standards, and OSHA regulations.
It is important that you act quickly, however. Due to statutes of limitations, waiting too long could be waiving your right to file suit.

What Will a Personal Injury Attorney do for Me?

A personal injury attorney at the Mininno Law Office is going to help you decide the right course of action. He’ll go through all of the facts, records, and data surrounding your case, and make an educated decision as to whether or not your case has merit, meaning, will a judge feel that you deserve to be compensated. If you decide to move on with the case, the personal injury attorneys at the Mininno Law Office will work hard to present the best possible case. And they do it on a contingency fee basis. A contingency means that we get paid, contingent upon the winning of the case. We don’t make money unless you make money. We work for free until we win. Case evaluations and consultations are free.

The Story Behind Liew’s Medical Malpractice Case

Vincent Liew was 37 years old when he received a call from the hospital that they had a finally found him a matching kidney. He had been awaiting the kidney for five years, and was receiving dialysis treatments three times a week. On February 25, 2002, Vincent underwent the transplant, the organ coming from 50 year old Sandy Cabrera who died of a stroke the day before.

The surgery was successful, and everything was fine. That is, until Sandy Cabrera’s autopsy six weeks later. The medical examiner who performed the autopsy notified Liew’s doctors that Cabrera had an aggressive uterine cancer that had started to spread to her lungs. Upon discovery of the information, Liew’s doctors assured both him and his wife Kim that they were 99.9% sure that Vincent would not acquire the disease. Their reasoning being that the cancer was from an organ that Liew did not have, and therefore it was highly unlikely he would become sick. Four months later, doctors found a cancerous tumor on Liew’s new kidney. The kidney was removed, but Liew was dying.

He died three weeks later; cancer acquired from the donor his cause of death. Kim Liew sued the hospital for medical malpractice, but lost. The Queens jury found that the hospital and Liew’s doctors provided the best possible care. Though it seems they took a chance on him, and lost. They gambled with a man’s life. Two other patients who received organs from Cabrera also died.

Who is to blame for Medical Malpractice?

Transplanting organs ravaged by cancer is most definitely an instance of medical malpractice. Perhaps the doctors who performed the surgery are not liable. But what about the doctors who screened the patients before their eligibility for organ donation? What about the company that harvested the organs? A man has lost his life, a wife her husband, because of a gross case of negligence. This kind of medical malpractice can not go unpunished. If you or a loved one have suffered from what you believe is a case of medical malpractice or negligence, than do not hesitate to contact the medical malpractice attorneys at the Mininno Law Office. We are here to help you through this difficult time, and to get you the compensation you deserve. Contact us for a free case evaluation, or call us at 856-833-0600, or 215-567-2380 in Philadelphia.

A Medical Malpractice Case in Ohio

Keith Theobald was a healthy and fit father of two, until an elderly driver clipped the back of his pick up truck and sent Keith and his car flying over 4 lanes of traffic and into a patch of standing trees. EMT’s quickly arrived at the crash site and found Keith hanging upside down in a tree. He was paralyzed from the chest down. In the hospital, Keith was alert and still had the use of his arms. He and his wife came to terms with his new condition, and were looking ahead to a difficult, but fulfilling life.
Keith’s doctors told him that an operation might be able to improve his condition, so Keith underwent the surgery. Keith woke up from surgery still paralyzed but now he was blind in both eyes and could no longer use his arms. Doctor’s records proved that a series of mistakes made during the surgery led to oxygen deprivation, causing Keith’s blindness and extended paralysis. Keith, now blind and completely paralyzed, needs ‘round-the-clock care for the rest of his life.

Ohio Supreme Court Ruling

The Theobalds went to Court and sought to recover damages from Keith’s doctors. Despite the overwhelming evidence of medical malpractice, The Ohio Supreme Court ruled 6-1 that the doctors were immune from any and all lawsuits – no matter what. The Court found that because there were medical students watching and helping during the operation, the doctors who performed the surgery were acting within their realm of state employment as teachers with the University of Cincinnati, and were therefore immune to medical malpractice suits.

That’s right, highly paid doctors and surgeons who agree to assist a State University in teaching med students (without compensation) are considered state employees, just like DMV folks who process our license applications, the road department workers who paint and repair our highways and state prison guards – all of whom get paid directly by the state with tax dollars.

Although these doctors were not being paid like state employees, the Court’s ruling gave them the same immunity from suits that most state workers in Ohio got. Unbeknownst to Keith, by going to these doctors, he was giving up his personal rights to a jury trial in the Court of Common Pleas. The Theobalds were told they had to take the case to the Court of Claims, meaning:

• No jury presence
• State appointed judges that issue rulings for and against the state
• Award cap of $250,000, regardless of severity of damages
• Taxpayers will foot the bill, not the Doctors insurance companies

In the 6-1 decision, called The Theobald Ruling, the dissenting justice argued (unsuccessfully) that the immunity was meant for mistakes that students made, not mistakes that teaching surgeons made. He also argued that patients should be alerted when procedures are to be performed by “state employed” physicians, and that they are indeed surrendering their right to go to Court should something go wrong. The ruling stated otherwise.

In a heartbreaking ending, The Theobalds never saw their day in court. After a lengthy ordeal with the Court of Common Pleas, the Theobalds finally filed suit in the Court of Claims, only to be denied again because the statute of limitations had run out on their claim. Keith and his wife Jacqueline received no compensation for injuries sustained due to medical malpractice, and must now face his injuries with no monetary help from here on out. Is this justice?

If You Believe You are a Victim of Medical Malpractice, You Must Act Quickly!

New Jersey and Philadelphia medical malpractice attorneys will continue to fight for victims of medical malpractice. If you or a loved one have been affected by medical malpractice, you need to act soon. Don’t let a statute of limitations be the reason you do not receive due compensation.Contact us to fill out a free case evaluation form or call us for a free consultation at (856) 833-0600 in New Jersey, or (215) 567-2380 in Philadelphia.

Medical Malpractice Payments at an All Time Low

Amidst all the talk of so called tort reform and “frivolous lawsuits” comes a study by the Public Citizen, a non profit organization based in Washington D.C. that represents consumer interests through lobbying, litigation, research, and public education. The study illustrates the decline in medical malpractice payments since 1999.
In 2008, the number of malpractice payments was the lowest it’s been since the formation of the federal government’s National Practitioner Data Bank, which has tracked medical malpractice payments since 1990. 2008 was the third consecutive year that medical malpractice payments sunk to an all time low.

Unfortunately, the decline in payments has nothing to do with a reduction in medical errors and everything to do with the increase in the number of victims not being compensated. This also means that there are fewer incentives for doctors and nurses to reduce errors. According to a 1999 study done by the Institute of Medicine entitled “To Err is Human,” an estimated 44,000 to 98,000 hospital patients are killed every year due to avoidable medical mistakes.
Yet fewer than 15,000 malpractice payments were made in 1999. Those numbers DO NOT include the number of patients who suffered serious, non-fatal injuries. The large gap between the victims and the compensated has likely grown larger since 1999, as there is no evidence that any meaningful improvements to medical safety have been made.

In a series of graphs and charts, the Public Citizen thoroughly demonstrates the fall in malpractice payments in the last decade. In five years, there was a loss of 3,336 medical malpractice payments made on behalf of physicians. That means that while the number of victimized patients was rising, the number of those patients being compensated was falling. Studies since the 1970’s show that medical errors greatly outnumber lawsuits.
Perhaps the kind of reform that would greatly reduce the legal liability of our health care system is not the kind of reform that’s needed. It seems that medical errors are shockingly prevalent. Problems should be fixed at their source. Eliminating medical errors, rather than reforming our tort system, should be a goal of priority.

It’s been easy to drum up support for so called tort reform by blaming our health care woes on medical malpractice cases and “junk lawsuits,” but the numbers tell a very different story. In 2006, medical malpractice payments accounted for between .18 and .58 percent of all health care costs. 2006 is the most recent year with all of the necessary information available to make these comparisons.

Medical malpractice is a very serious issue, and something that is affecting patients everyday. Most doctors are wonderful and care tremendously for their patients. They are careful and follow well established rules of the medical profession to prevent errors.
However, a very small minority are not so caring and do not follow the rules. It is the mission of a trial attorney to represent those victimized by medical malpractice and earn them the compensation they deserve.

The trial attorneys at Mininno Law Firm want to help you get the compensation you deserve. If you or a loved one have recently suffered due to medical malpractice, you must act quickly! A two year statute of limitations can prevent you from being able to hold liable those who have harmed you.
Contact the Mininno Law Firm or call us at (856) 833-0600 in New Jersey, or (215) 567-2380 in Philadelphia.

Medical Malpractice – inevitable human error or very preventable negligence?

We all agree that there are too many medical malpractice lawsuits in courtrooms around the country. The reason for this is simple. While most doctors and medical staff are well trained and professional, every day, some medical care workers prescribe the wrong medication, misdiagnose patients, perform the wrong procedure, and even operate on the wrong part of the body. Overworked and underpaid nurses and aides make simple mistakes that harm patients. Surprisingly, the most common cases of medical malpractice involve preventable falls and preventable bed sores.

In 2008, New Jersey hospitals reported 533 incidents of error. These blunders included patient falls, bed sores, and foreign objects left inside patients after surgery. Of these 533 errors reported in New Jersey in 2008, 40% of them were patient falls. The typical falling patients were elderly women between the ages of 81 and 90. Fractures to arms and legs were the most commonly reoccurring injuries resulting from falls, while 9% of the falls resulted in death. Seventy-one percent of the falls happened in the patient’s rooms, usually while the patient was trying to get to the bathroom. Some may argue that these falls are hardly medical malpractice cases, and simply accidents. Those people are wrong. These “accidents” are preventable and someone must be held accountable. Fall prevention must be high priority for health care facilities housing high-risk fall patients, and hospital staffs should be educated about those patients. Perhaps better lit pathways to private bathrooms, or rails that patients could hold onto while walking could reduce fall rates. We send our loved ones to the hospital in hopes that the doctors and nurses will be able to treat their ailments and return them back to health. Those doctors and nurses are paid to care for and watch over our parents, grandparents, aunts, uncles, cousins, etc. Should it not then be a nurse’s job to know that the 82 year old woman in room 104 is at risk of falling, and therefore check on her more regularly?

In addition to preventable falls, bed sores and pressure ulcers are also among the most frequently reported errors, and a grave cause for concern. The medical evidence overwhelmingly shows that there is no reason that any nursing home or hospital patient that is being properly cared for ever develop a bed sore or pressure ulcer. They are simply a sign of negligence and inadequate care-taking, and both count as medical malpractice. Bed sores and pressure ulcers result in unnecessary and preventable suffering, infection, and other serious complications, that otherwise would not have to be dealt with. Some sick patients can not take a minute infection that a bed sore can cause, and that minute infection than becomes fatal. Preventative measures should be taken to avoid these awful afflictions. Those measures include repositioning the patient every two hours, inspecting the parts of the body most prone to bedsores, cleaning skin that becomes moistened from perspiration, excrement, or wound drainage, changing sheets frequently, and keeping patients hydrated.

Asking medical personnel to prevent over 200 sick patients from falling and sustaining serious and possibly fatal injuries is far from asking doctors to be perfect. Demanding that nurses and nurses’ aides be more attentive to bed ridden patients to prevent painful and dangerous bedsores is not outrageous. Negligence, inadequate care taking, and inattentiveness are all cases of medical malpractice.
If you or a loved one has suffered due to medical malpractice in New Jersey or Philadelphia, Mininno Law Firm is here to help you get the compensation you are owed. Call (856) 833-0600 in New Jersey, or (215) 567-2380 in Philadelphia.

Serve your country: Jury duty is essential to fairness in the justice system

There’s a common saying that only two things in life are certain: death and taxes. However, I think there’s one more certainty that we should add: jury duty. Though it’s essential to the preservation of our government, nobody likes it. It’s like going to the dentist — it’s something you’d do just about anything to get out of. However, I’m here to tell you that jury duty is essential to not only the legal system, but to the preservation of the laws that govern our country. Regardless of whether we like it, it’s something that we simply have to do.

Why is jury duty essential?

Jurors make up the foundation of the court system. Without them, everything would be in disarray. Who would debate the testimony? Who would decide who is guilty and who is innocent? If you can come up with someone other than the jurors, I’m all ears. They ensure that everyone receives a fair trial. Only a group of individuals who are impartial to the matters of the case can determine for sure who is guilty and who is innocent.

Why are so many jurors upset right now?

Despite the argument that jury duty is essential in our court system, many people are voicing displeasure. The reason is money. In a recovering economy, many people are strapped for cash. They can’t afford to lose a paycheck. Because of the recession, many people are living paycheck to paycheck.

Imagine you are living paycheck to paycheck. One day, you get a call to sit on a trial and help decide a case. Someone tells you that jury duty is essential to the court system and you have to do it. However, you know you’re going to miss out on a paycheck or two. How would that make you feel? How would you respond?

For those who are used to the process, you know that there is a stipend to sit on a case. Rates are as high as $40 in cities like Dallas, but they can be lower elsewhere. To many people, that’s simply not enough. However, jury duty is essential to the success of the current system. To read more about this issue, click here.

Do you have questions or answers about the legal system? We can help

At the Mininno Law Office, we have experienced civil trial lawyers who are at your service. Our New Jersey attorneys are always available and willing to help. Whether you have questions about medical malpractice, trucking accidents or any other legal matter, we’d like to hear what you have to say. Call (856) 833-0600 in New Jersey or (215) 567-2380 in Pennsylvania to get the help you need.

Spend time with loved ones and savor the time you have with them

Happy Holidays!

As we spend time with loved ones, we look back on the past year and look ahead to the next. This past year has been challenging, there’s no doubt about it. The struggling economy and nationwide recession brought us job losses and companies going out of business. It seems that things got harder for many people.

Looking back

While we spend time with loved ones, we think about families who have been through hard times. For families who have lost loved ones or who have faced their own illness, disability or injury because of medical negligence, 2009 has been a very difficult year. We have heard from hundreds of people this year who have suffered some kind of injury, illness or death from medical malpractice or nursing home neglect.
To those families, we again extend our sympathies. I am sure many in our community are glad to see the year end. Many people are looking forward to a new year and an opportunity to start over.

Moving forward

As we spend time with loved ones, we realize how much we still have. Despite everything we’ve been through, it’s important not to lose hope. No matter what we’ve been through in 2009, we can still look to 2010 to bring us happiness, prosperity and success.

Spend time with loved ones

The people we love the most never really leave us. They’re always in our hearts. But whether it’s your parents, your children, your brothers and sisters, or your best friends, take the time to tell people how much you care. Life is too short. It is in this time of giving and holiday cheer that we send this message to you. We hope you can share the holidays with someone special. If you have questions, we can help.

No matter what you’re going through, there are resources and people out there who can help you get through it. I can be one source of guidance. If you’re dealing with a wrongful death or a personal injury case, I know how hard it can be.

At the Mininno Law Office, our number one priority is our clients. Our New Jersey lawyers would be happy to answer any questions you have or offer any help they can give you. Call (856) 833-0600 in New Jersey or (215) 567-2380 in Pennsylvania.

Patient rights protection is getting major help from a new ad campaign

Patient rights protection might not be the first thing you think about when you or a loved one has to go to a hospital. You may not always need it, but when you do, you’re sure glad it’s there.

Why is patient rights protection important?

To explain why patient rights protection is important, let me share what may be a shocking statistic. Fact: Research shows that each year, 98,000 lives will be lost to preventable medical errors. Do you know what the keyword is in that sentence? It’s “preventable” and it means that these medical errors that cause wrongful death can be avoided. These are errors that should not happen and these deaths should not happen.
If we can improve patient rights protection, we can do two things. We can both improve health care and decrease the number of deaths from preventable medical errors.

Is anyone fighting for patient rights protection?

Yes, certified civil trial lawyers are fighting for patient rights protection. The American Association for Justice, formerly called the Association of Trial Lawyers in America, has recently spent its own resources to advocate and fight for patient rights protection. The goal? Make health care more affordable for everyone.

In order to make a difference, 30 public service “billboards” that will be displayed at Union Station Metro in Washington, D.C. during the entire month of December. The campaign has already gotten a ton of positive press coverage. You can read about the effort on Politico and on NationalJournal.com.
Each ad will tell a story of someone who was hurt by medical negligence. This is an investment of $100,000, but it shows how important health care is to medical malpractice attorneys. New Jersey attorneys see cases with surgical errors and medical mistakes all too often. In addition to fighting for their clients, they’re fighting for all Americans to get better health care.

What about tort reform? Will it help with patient rights protection?

Tort reform will not help with patient rights protection. Think about who’s pushing tort reform — insurance lobbyists and corporate nursing homes. Why? They’re trying to make more money. Tort reform takes away rights, it doesn’t support them. It won’t help improve health care; it will just make things worse.

What if I’m not being protected?

Talk to a medical malpractice attorney. At the Mininno Law Office, we have experienced New Jersey attorneys who have dealt with these cases all too often. We’d be happy to answer any questions you have or offer any help you need. Call (856) 833-0600 in New Jersey or (215) 567-2380 in Pennsylvania.

New Malpractice Idea: Will it Help or Hurt Patients?

President Barrack Obama is willing to consider alternatives to medical malpractice lawsuits by replacing them with such alternatives like appointing neutral experts for both political parties to look at medical appeals and allegations. The goal for this new idea seems to be to address medical liability and to cut malpractice insurance premiums for doctors. Okay, maybe it is a long process to go through a jury trial with a lawyer but weren’t the courts and justice system created for just that purpose to bring justice to the party that has the injury or suffered from medical malpractice. It seems to be that this new idea is only favoring doctors who are afraid of being sued later. All trial lawyers are trying to do is see that their clients, who are former patients of these doctors received the proper care possible. Once again this new idea seems to be in favor of only saving money and not actually helping the patients who need proper medical care. If so many doctors worried less about how much money everything was costing and focused more on proper medical care for all their patients then they would not have to worry about medical malpractice lawsuits. If though however, a medical error or problem does occur then in this country by law that person or patient is entitled to a trial and entitled to justice being done for them and their families. This new idea seems to be taking away trial rights in favor of saving money for doctors and insurance. People should continue to come first; money needs to stop doing all the talking.

For additional information on this new malpractice idea and the health care debate, you may visit this link

If you or a loved one has suffered due to a medical error, please contact a medical malpractice attorney right away. They will help make sure your case is heard and you get the medical care you deserve.

Lasik Eye Surgery may help you see more clearly, but how safe is it really?

The Food and Drug Administration announced on Thursday October 15, 2009 that it will start looking into the negative effects associated with corrective laser eye surgery. Some of these negative effects may include blurred vision and dry eyes. The FDA is going to work with the National Eye Institute and the Department of Defense to investigate the amount of people that experience negative side effects after having this corrective eye surgery. This research will include patient questionnaires and clinical trials to help keep track of patients who have had the surgery. These procedures by the FDA will hopefully help in be able to better understand the effects of laser eye surgery and its long term safety, because it is still unknown. Approximately six million Americans have had this Lasik eye corrective surgery which reshapes the cornea, but the long term safety has been unknown. It is good that the FDA is investigating the negative side effects that people could experience, but it may have been better if they would have done this before six million people have had the surgery. There were years of complaints from patients and the FDA just now decided to step in and look at the problems. Part of this reason seems to be because these types of surgeries cost between a thousand to five thousand dollars to perform. It seems like yet again, money is put before patient care and safety. This is not the way it should be. Maybe the FDA should take a better look at its policies too. Patients should always come first.

For additional information on the effects of corrective laser eye surgery you may visit: http://www.fda.gov/MedicalDevices/ProductsandMedicalProcedures/SurgeryandLifeSupport/LASIK/default.htm

If you or a loved one has experienced negative side effects due to laser corrective eye surgery, contact a medical malpractice attorney right away. They will help you advocate for the medical care you deserve.

Tag: medical malpractice