Medical Malpractice Lawyers Inform of the Dangers of Damage Caps

There has been a push in some legal and political circles to cap damages for medical malpractice cases. Usually when this is discussed, some anecdotal story is brought up about some minor injury and a multi-million dollar award. However, these misleading anecdotes do not tell the whole story. The judgments that medical malpractice lawyers get work to serve the community in several ways that, when caps are utilized, are greatly diminished in value. Attorneys help victims regain some semblance of their life, and usually a modest sum to compensate the victims. Damage caps are destructive to our legal system.

What Damage Caps Do

new jersey philadelphia medical malpractice attorneys dangers damage capsThose anecdotes you hear are often about some “frivolous” injury and a multi-million dollar award. Usually, these anecdotes are urban legends and are far from the truth. Juries are assigned with the task of fixing damages based on a number of factors, including the projected cost of continued medical care. When caps are utilized, medical malpractice lawyers can still win a judgment, but it is more likely that the judgment is not going to be enough to cover the victim’s medical costs. When the victim cannot pay their medical bills, the government will have to step in and help, help that is subsidized by taxpayers. Why should victims of medical malpractice and citizens have to bear the burden of “fixing the system” in favor of insurance companies and doctors?

Furthermore, what damage caps do is artificially allow bad doctors to stay in business and hurt other people. If damage caps are not utilized, attorneys will win judgments that compensate their clients, which are typically paid out by the doctor’s insurance company. When you lose a medical malpractice case, your medical malpractice insurance premium will increase and some of the worst doctors will be forced out of practice. However, with the caps in place, the consequences for practicing bad medicine are greatly lowered, and many of these dangerous doctors are still practicing.

Medical Malpractice Lawyers in New Jersey and Philadelphia

If you or a family member have recently undergone a surgery, and have been the victim of medical malpractice or negligence, you should contact the Mininno Law Office. You and your family deserve compensation for your injuries. Please call our experienced professionals at (856) 833-0600 in New Jersey or (215) 567-2380 in Philadelphia for a free case evaluation and consultation.

Bed Sores – Stage II

The Mininno Law Office serves patients and families affected by bed sores in the New Jersey and Philadelphia region. Typically, these bed sores and pressure ulcers are caused by nursing home neglect and abuse. This is the second post in a series of four that will describe the stages of bed sores. It is important to know the bed sore stages as laid out by the Pressure Ulcer Advisory Panel. This post covers the second evolution of bed sores, Stage II.

What Happens if Stage I Bed Sores Are Not Treated Promptly?

Typically, once a Stage I bed sore develops, medical professionals are attentive and realize the danger that the patient is in. The medical professionals then take the appropriate steps to care for the bed sores and avoid any serious complications. However, when the medical professionals neglect their duties, a Stage I bed sore will progress into a Stage II bed sore, which is even more painful and potentially fatal.

As Stage II bed sores develop, so too do a host of other symptoms. There is a skin loss involving the epidermis, dermis, or both layers of skin. The bed sore will look superficial, much like an abrasion, blister, or small crater. It will look like a shallow open ulcer with a pink-red wound bed, without slough. It could also look like a serum-filled, open, or ruptured blister. Once bed sores progress past this stage, they are much harder to treat.

Prevention is Key

As discussed in the previous blog, prevention is the key to stopping bed sores. Essentially, the medical staff needs to be attentive to the needs of their patients, especially those who are unable to care for themselves and shift positions. Bed Sores are entirely preventable; it just takes staff attention. Unfortunately, in many nursing homes and assisted living facilities, it is difficult to come across because of budget cuts and under-staffing.

This should serve as a warning for family members of patients in these facilities. We are not suggesting that all facilities, or even most, are dangerous, but it is extremely important to monitor your loved one’s condition in these facilities to prevent things like bed sores.  The medical staff should be checking on your family member and so should you.

Bed Sores Lawyers in New Jersey and Philadelphia

If you or a loved one has suffered from bed sores in a nursing home or assisted living facility you should contact the Mininno Law Office for a free consultation and case evaluation at (856) 833-0600 in New Jersey, or (215) 567-2380 in Philadelphia. We are experienced at holding those who caused your or your loved one’s injury responsible for their actions. Let the Mininno Law Office serve you by getting you the fair and just compensation which you truly deserve.

Bed Sores – Stage 1

Bed sores and pressure ulcers, 99% of the time, are indicative of nursing home abuse. Usually, bed sores are classified as a Stage I, Stage II, Stage III, or Stage IV, but many of our clients do not know what the difference is between these. This blog post, and the following three in this series, are aimed at informing nursing home abuse victims, and their families, about their injuries and what they can do about it.

Bed Sore Stage Classifications – Stage I

Stage I bed sores represent the first stage of bed sores, and should serve as a warning sign to medical professionals and family members. Patients with Stage I bed sores typically exhibit the following symptoms:

  • a warming or cooling in skin temperature,
  • changes in tissue consistency (firm or boggy feeling),
  • pain,
  • itching, and
  • persistent red, blue, or purple hues.

Typically, bed sores lawyers are not involved with Stage I bed sores because they can be treated by medical professionals, thereby eliminating a serious health risk to the patient. But, as experienced bed sores lawyers, we can tell you, from first hand experience, that monitoring your loved one’s health is very important. Bed sores progress very rapidly, and when they are discovered, they need to be treated immediately.

Preventing Bed Sores

Bed sores typically are caused by pressure on the skin at bony areas of the body. Continuous pressure and friction are dangerous to people with the following risk factors:

  • over 65,
  • incontinence,
  • malnutrition,
  • dehydration,
  • lack of movement,
  • numbness,
  • smoking, and
  • previous pressure ulcers.

For bed ridden patients, skin should be kept clean, dry, and moisturized. Furthermore, their position should be changed regularly, and special equipment and pads should be used to protect skin over bony areas. The best medicine for bed sores is prevention, and the number one tool for prevention is attentiveness. It is important to be attentive to a patient’s needs. If a patient is ignored or neglected, deadly bed sores can quickly develop.

Bed Sores Lawyers in New Jersey

Later posts will demonstrate how a Stage I pressure ulcer can quickly develop into a more serious problem. If you or your family member has developed bed sores while in a nursing home or assisted living facility, contact the Mininno Law Office for a free consultation and case evaluation at (856) 833-0600 in New Jersey, or (215) 567-2380 in Philadelphia. You deserve compensation and the Mininno Law Office can get it for you.

Bed Sore Attorneys: Nursing Home Lawsuit to be Filed

Robert McLean and his guardian, Pam Dirnberger, filed a lawsuit in St. Clair County Circuit Court, in Illinois. The lawsuit was filed against Calvin Johnson Care Center, which is also known as Eldercare Inc. McLean, a disabled man with a mental illness, was a former resident of the Calvin Johnson Care Center. Bed sore attorneys say that during his time at the healthcare center, McLean developed severe pressure ulcers all over his body. The man was left in extreme pain, and as is the case with many bed sore victims, it may have been due to nursing home neglect.

Plaintiffs Seek Over One-Hundred Thousand in this Case of Severe Bed Sores

new jersey philadelphia bed sore attorneys Robert McLean Calvin Johnson Care CenterMcLean and Dirnberger, the plaintiffs, claim that Eldercare’s neglect led to the extreme pain that was inflicted due to the bed sores. Bed sore attorneys also believe that the plaintiffs will argue that the defendants have violated the Illinois’ Nursing Home Care Act because of their failure to properly recognize and treat a man who was so clearly in need of assistance. The complaint also alleges that the defendants failed to properly care for McLean’s sores, also known as decubitus ulcers, which arose on several parts of the man’s body. Professionals say that there may be a claim because it appears that these employees were not properly caring for the pressure ulcers. They also argue that the defendants may be liable for their failure to properly train staff to adequately monitor patients in need. Although the outcome will be decided by a jury down the road, bed sore attorneys urge victims to seek help from their families or any healthcare provider because these sores can be extremely detrimental to a person’s health.

Bed Sore Attorneys of New Jersey and Philadelphia

If your loved one has recently suffered from a bed sore, you may have questions for our professionals regarding your legal rights for. In cases where you suspect that neglect or mistreatment played a factor in the development of the bed sore, contact the Mininno Law Office for a free case evaluation. You may also call for a free consultation in New Jersey at (856) 833-0600, or in Philadelphia at (215) 567-2380.

Bed Sore Lawyers Offer Practical Advice on Nursing Home Neglect

The nursing home neglect and bedsore lawyers at the Mininno Law Office would like you to know that most bed sores and pressure ulcers are preventable and, with proper care, can usually be avoided.

Risk Factors of Bed Sores and Steps for Prevention

NJ and PA Nursing Home Abuse and Bed Sore Lawyers
There is an increased chance of bed sores when certain risk factors are evident, including,

  • confinement,
  • immobility,
  • loss of bladder/bowel control,
  • poor nutrition, and
  • decreased mental awareness.

 

However, patients deserve the respect of proper care, which should include regular bathing, repositioning (in accordance with the needs of the patient), nutrition, and medical attentiveness. Bed sores occur when nursing home staff and personnel are inattentive and unsympathetic o the needs of their patients. Whether through malice or just under staffing, this disregard for proper care allows patients to lay for too long in their beds and opens a door for the bed sore formation. Bedridden patients who cannot care for themselves are must be re-positioned at least once every two hours, to prevent these painful and often fatal afflictions from forming.

Anyone with a loved one who is a bedridden nursing home resident, should do all in their power to make sure their loved one is receiving the proper bed sore prevention care. While the vast majority of medical personnel are kind and careful, those who are overworked or careless, can cause significant pain to those they should be protecting.

Be vigilant and protect the ones you love by being involved in your family member’s care.

Bed Sore Attorneys of New Jersey and Philadelphia

If your loved one has recently suffered from a bed sore, then you may questions concerning your legal rights. In cases where you suspect that neglect or mistreatment played a factor in the development of the bed sore, contact the Mininno Law Office for a free case evaluation. You may also call for a free consultation in New Jersey at (856) 833-0600, or in Philadelphia at (215) 567-2380.

Birth Defects: How Do Cleft Lips and Cleft Palates Form?

Many birth defects and injuries can be attributed to medical negligence. Doctors may fail to act quickly or properly in dire situations, and a child will remain affected for the rest of his or her life. Other birth defects, however, occur in the womb, and are in no way attributed to medical malpractice or negligence. These defects normally have internal and external factors that play into their development. Cleft lips and cleft palates are one of these birth defects. They do not occur because of negligent medical providers, but because of varying internal and external players, some of which, we do have control over.

Causes of Cleft Lip and Cleft Palate

new jersey philadelphia birth defects lawyers cleft lip palate formationAn infant’s face and skull form within the womb during the first trimester. Normally, the tissues that make up the hard palate (roof of the mouth) and the lip fuse together. When they do not, a hole or opening forms. This hole/opening is known as a cleft.

Internally, genetics can play a big part in the development of a cleft lip or cleft palate. These genes can cause an isolated incidence of cleft, or they could be part of another syndrome whose symptoms or side effects include clefts. Often, a child inherits genes that increase the likelihood of developing a cleft, and then environmental factors trigger it’s formation.

Externally, a mother’s environment can determine whether or not a cleft will form. Fetuses exposed to alcohol, illicit drugs, cigarette smoke, and certain infections, are more likely to develop a cleft lip or cleft palate. Recently, it has also been revealed that the anti-epileptic drug Topamax, used to treat migraines as well as seizures associated with epilepsy, can increase the risk of cleft development when taken during pregnancy.

Birth Defects Lawyers in New Jersey and Philadelphia

If your child has suffered from a birth injury or birth defect, you probably have a list of questions about your rights and the rights of your child, especially if that birth defect is a cleft lip or cleft palate that you believe is associated with your use of Topamax during pregnancy. 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 Injury Attorneys Can Help When Doctors Act Negligently

Childbirth, though a painful and difficult process, should be a beautiful and profound experience for parents. That is why there are doctors who study and are strictly trained in gynecology, obstetrics, and childbirth. But mistakes in the delivery room can be irreversible, and in worst case scenarios, fatal. It is when these mistakes occur that birth injury attorneys will be necessary.

What are the Most Common Birth Injuries

new jersey philadelphia birth injury attorneys help doctors act negligentlyBirth Injuries that commonly occur include Cerebral Palsy, Erb’s Palsy, face paralysis, bruises and swelling, Shoulder Dystocia, and brain damage. These injuries are generally brought on by oxygen deprivation and doctor error. Oxygen deprivation is commonly caused by umbilical cord compression, the improper insertion of an oxygen tube, Meconium Aspiration Syndrome (the baby inahles it’s own fecal matter or amniotic fluid), or excessive time spent in the birth canal.

The events that lead to oxygen deprivation are more often than not caused by doctor error. These errors could include misinterpreting test results, misreading mother or baby vital signs, incorrect use of forceps or vacuum extraction, poorly timed C-Sections, and improper use of force during delivery.

Birth Injury Attorneys in New Jersey and Philadelphia

Doctors are trained to act quickly in the delivery to avoid tragedies like permanent brain damage and death. Sometimes, however, they act negligently and tragedy occurs. If your child was born with a birth injury and you are now facing bills for medical care you were not prepared to provide, and you believe those injuries were brought on by medical negligence, 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 birth injury lawyers at the Mininno Law Office work to earn you the compensation you deserve.

Medical Malpractice and Sexual Abuse Allegations Drive Doctor to Suicide

On February 18th of this year, Dr. Melvin Levine, a pediatrician who worked at Children’s Hospital Boston, was found dead, by a gunshot wound to the head, in the woods surrounding his North Carolina home. The death came a day after a class action lawsuit was filed against him for medical malpractice and sexual abuse of at least 40 male patients in the years between 1966 and 1985. Last week, Dr. Levine’s death was ruled a suicide.

Men Come Forward Claiming Abuse By Levine

new jersey philadelphia medical malpractice attorneys allegations melvin levine suicideDr. Levine had long been accused of sexually abusing of his male patients, but always maintained his innocence. But not long ago, men began to come forward, describing incidents where they had seen Dr. Levine as children and been molested in his office. Some spoke of fondling during routine check-ups, and others even claim that Dr. Levine performed oral sex on them.

Christopher Dean is a 50 year old architect in Rossindale, Mass and was, at one time, a patient of Dr. Levine. Dean says the molestation occurred when Dr. Levine saw him in his elementary school nurse’s office. Levine fondled him and said he’d like to see him as a regular patient. A young Christopher left the office in tears, but never told anyone. When he was 25, Christopher’s mother told him that Levine had molested 2 young sons of a friend of hers and had relocated to North Carolina, probably fleeing from allegations. When his mother asked him, Christopher was so humiliated about what happened years before, that he lied to her and held that Levine never touched him. He finally told his mother the truth last week, and has yet to tell his father.

Medical Malpractice Attorneys in New Jersey and Philadelphia

Medical malpractice in the form of bad judgments and medical negligence is awful, but medical malpractice in the form of deliberate abuse is depraved. Dr. Levine, if guilty, engaged in disturbing and life-changing actions from a place of trust and power. And his guilt doesn’t look any less likely after his suicide this past week.

If you or a loved one have suffered medical malpractice of any kind at the hands of an abusive or 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 attorneys at the Mininno Law Office earn you the full and fair compensation you need and deserve.

Medical Malpractice Attorneys Reveal Truth About Tort Reform Supporters

Reform of the medical malpractice tort system is probably something you’ve heard a great deal about recently. It seems that there are people who believe that the way in which injured victims of medical malpractice and negligence are compensated in this country is sufficiently flawed. These supporters propose caps on damages and harder restrictions on what constitutes medical malpractice. So it’s no surprise that these supporters include medical providers of all sorts, insurance companies, and pharmaceutical giants.

House Bill to Reform Medical Malpractice Litigation

new jersey philadelphia medical malpractice attorneys truth about tort reformTwo nights before President Obama’s State of the Union Address, Republican Phil Gingrey introduced a bill to the House that would severely limit the amount of compensation that victims of medical malpractice could receive. What’s a bit more interesting is who Phil Gingrey was before he sponsored a tort reform bill.

For 30 years before he was elected to congress, Gingrey was an obstetrician; an obstetrician who was involved in his fair share of malpractice lawsuits. And one of those suits settled for $500,000.

His patient, a young pregnant woman, had acute appendicitis that went undiagnosed, and therefore, untreated. The appendix burst and an infection spread throughout her body that killed her fetus and caused a severe stroke.

Medical Malpractice Lawyers in New Jersey and Philadelphia

It’s no wonder Phil Gingrey introduced a bill that would make it easier for negligent doctors to continue practicing negligent medicine; he used to be one of them.

Taking away the rights of injured patients is not the way to repair our health care system. Perhaps another route would be to fix the actual problem: the alarming frequency of injuries and death brought on by medical malpractice.

If you or a loved one have suffered medical malpractice at the hands of a negligent 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.

Medical Malpractice Attorneys Disagree With Physician ‘Gag Orders’

new jersey philadelphia medical malpractice attorneys disagree physician gag ordersA Gag Order is a legal term used to describe an order issued by a judge that prohibits the release of information concerning a legal matter to the public, for fear that such an action may prejudice or influence a trial’s outcome. Lately, medical providers have been issuing their own kind of gag order, prohibiting their patients from utilizing physician rating websites to rate the treatment they received, or the experience they had. And while medical malpractice remains a huge concern, limiting patient access to first hand accounts of medical negligence seems counter-productive.

As a patient, it’s hard to see any legitimate reason that a doctor wouldn’t want his quality of care discussed, other than the fact that it could be considered poor. Also as patients, we often feel a responsibility to refer our friends and family to good doctors, and veer them away from bad ones. By forcing patients to sign agreements that they won’t divulge their experiences, physicians are taking away much needed assistance when it comes to choosing doctors.

The ratings and comments on these sites always seem to be consistent, and patients often find common ground in their accounts. Obviously, doctors are afraid of what will come of their practices when a steady stream of bad reviews surface on sites like Rate MD’s, Health Grades, and Vitals. Personally, I would never agree to sign anything that prohibited me from being openly honest about my experiences with any physician. I urge you to consider the same.

Medical Malpractice Attorneys in New Jersey and Philadelphia

If you or a loved one have 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 experienced medical malpractice attorneys at the Mininno Law Office earn you the full and fair compensation that you need and deserve.