medical malpractice Archives - Page 5 of 19 - New Jersey Medical Malpractice Lawyers

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

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 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.
new jersey philadelphia damage caps destroy verdict
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.

Medical Malpractice Attorneys Try to Settle on Behalf of Bereaved Family

medical malpractice attorneys in nj and pa

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

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.