Nursing Home Abuse Attorneys Warn Against For-Profit Homes

Not all nursing homes are the same. There are many facilities with hardworking caretakers who are dedicated to giving the best care they can to their elderly residents. But unfortunately, there are nursing homes in this country that use the system for their own benefit at the expense of the sick and elderly in their care. As nursing home abuse attorneys, we have noticed more for-profit facilities taking these shortcuts for a financial gain.

Downside to For-Profit Facilities

nursing home abuse attorneysThese facilities will overbill Medicare for expensive care they should be providing and then cut corners to pocket the profits. According to the U.S. Department of Health and Human Services, 30% of claims to Medicare from for-profit homes were found to be false, verses the 12% of false claims from not for profit homes. As both the amount of nursing home abuse cases and the number of for-profit homes grow, it is hard not to see a connection.

There is only so much federal funding available for the Medicare program. Obviously then, this limited budget is prematurely depleted when nursing homes abuse their position and cheat the system. By charging for treatment that isn’t or doesn’t need to be provided, guilty facilities are stealing from the innocent sick and elderly who may not get the care they need because of limited resources. Also, profits made by private homes go to the home’s investors rather than back to the resident care, like in nonprofit homes. When the facility’s main priority is making money rather than the well being of the elderly patients, abuse is more likely to occur.

Nursing Home Abuse Attorneys in New Jersey and Philadelphia

If you or your loved one have suffered nursing home abuse, negligence, and inadequacy in a for-profit facility it’s time to contact nursing home abuse attorneys. The team at Messa & Associates is dedicated to earning justice and compensation for those injured by negligence and abuse in nursing homes and long term care facilities. Call, toll-free, 1-800-MessaLaw, or submit a free online inquiry. If you would like immediate assistance, click the CHAT LIVE icon to the right. A representative is present right now to answer your questions.

Medical Malpractice Lawyers and Litigation NOT Breaking Healthcare’s Bank

medical malpractice attorneys negligence new jersey philadelphia tort reformHealth Affairs, the leading journal of health policy and research, founded in 1981 to support health policy education in the medical community domestically and worldwide, recently published the results of a study involving the cost of medical malpractice to the public. This well respected organization demonstrated that the “tort reformists” claim that medical malpractice litigation adds enormous costs to healthcare is simply a myth.   In fact,  Health Affairs estimated that less than 2.5% of all healthcare costs in the United States are in any way associated to medical malpractice litigations.  That’s two and half pennies out of each dollar.

Frivolous Medical Malpractice Defense Costs to the United States

Health and Human Services data shows that in 2008, the United States spent $7,681 per person on healthcare related costs.  Less than $200 of this sum is in any way related to medical malpractice law suits.  Although the “tort reformist” likes to blame this cost on frivolous lawsuits, what we never hear about are “frivolous defenses.”  Someone’s mother, father,  son, or daughter is injured because a medical provider took short cuts or didn’t follow basic safety rules of medicine.  Instead of accepting responsibility and making up for the medical mistake,  many times a medical malpractice insurance company will decide to mount a frivolous defense.  It pays thousands and thousands of dollars to high-priced lawyers and medical “experts” to fight the case.   Deny and Defend – even when decency and economics demand fair compensation. The family comes into court with a fair and legitimate case  and a jury turns them away with nothing. This happens every day – and it adds to this cost of health care

Medical Malpractice Victims vs. Tort Reformists

Tort reformists (and the insurance lobbyists who promote them) like to spin tales about the astronomical costs of medical malpractice litigation to the taxpayers and medical providers of America, but the Health Affairs study negates those accusations. It seems that the only people paying heavily for medical malpractice are those who commit it: negligent doctors and irresponsible pharmaceutical companies. Tort Reformists, medical malpractice insurance lobbyists, and corporate nursing homes all desperately want to prevent ordinary citizens from fair compensation for injuries that could potentially afflict them for the rest of their lives.  These tort reformists and HMO lobbyist supporters want the government to place caps on how much a jury is allowed to compensate injured patients. Imagine that. An elected official making a law that says a jury is not permitted to pay victims of malpractice fair compenation – no matter what. 

Is $100,000 for causing a young mother of 4 children to lose a breast to misdiagnosed cancer a fair cap? How about $250,000 for causing a father of 3 to spend a lifetime in a wheel chair; or $300,000 for a child who will live the rest of his or her life with a debilitating brain injury?  These governement proposed caps on mothers, fathers and children’s compensation  would also eliminate the possibility of punitive damages in the case of willful and intentional conduct. Research has shown that monetary punishments are one of the few effective ways to hold corporate wrongdoers accountable for purposelfully harming consumers in the name of profit. As for the medical field, most doctors are hard working, decent, and caring professionals. These doctors don’t need tort reform.

Medical Malpractice Lawyers in New Jersey and Philadelphia

If you or a loved one have been vicitmized by medical malpractice or negligence, contact Messa & Associates for a free case evaluation. NJ and PA medical malpractice attorneys at Messa & Associates, P.C. are experienced in earning fair and helpful compensation for those injured by medical negligence. You may also call for a free consultation at (856) 833-0600 in New Jersey, or (215) 567-2380 in Philadelphia.

To discuss your case immediately, click on the “CHAT LIVE” icon in the bottom right hand corner of your screen. Representatives are standing by to speak with you.

Mininno Law Office Merges with Messa & Associates

Messa & Associates, P.C.

Mininno Law Office Merges with Messa & Associates

PHILADELPHIA (January 14, 2012): Center City based law firm Messa & Associates, P.C. has merged with Mininno Law Office effective immediately, the two firms have announced. The firm will continue under the name Messa & Associates, P.C. with John Mininno, Esq. joining as Counsel to the firm.

Joseph L. Messa, Jr., founding partner of Messa & Associates, said: “We are pleased to welcome John and join our resources in order to provide our personal injury clients with an even better experience as they cope with devastating, life-changing injuries and losses. John’s reputation, trial skills and dedication to clients are well known in New Jersey and we look forward to joining with John to serve this community.”

The firm will continue to focus on catastrophic injury cases, including workplace injuries, products liability cases, construction injuries, failure to diagnose matters, birth injuries, brain injuries, and motor vehicle accidents. Mr. Mininno’s Collingswood, N. J. office will remain open to serve clients in the South Jersey area. As a New Jersey Certified Civil Trial attorney, John and the firm will continue to accept referrals of these catastrophic cases from law firms throughout New Jersey who are then permitted to receive a referral fee upon a successful recovery.

In addition to the Collingswood office, Messa & Associates will continue to maintain its other office locations throughout Pennsylvania and New Jersey in Northwest Philadelphia; Conshohocken, Pa.; Downingtown, Pa.; Cherry Hill, N.J. and Linwood, N.J.

About Messa & Associates, P.C.

Messa & Associates P.C., represents individuals and their families in complex personal injury matters, including catastrophic injury, medical malpractice, products liability, motor vehicle accidents, fires and explosions. Our attorneys serve Pennsylvania clients throughout the state, including in Philadelphia and other surrounding communities in Montgomery County, Chester County, Delaware County, and Bucks County. Messa & Associates are also proud to serve New Jersey clients throughout that state, and also litigate selected cases throughout the country.

 

# # #

 

Medical Malpractice Attorneys: New Technology Beneficial?

The Institute of Medicine recently released a study entitled “Health IT and Patient Safety: Building Safer Systems for Better Care” which discussed the benefits of electronic recording systems of medicine. However, this report also uncovered the potential risks of medical malpractice that may arise as these systems are developed. The report calls for new plans to be utilized which would help with patient safety when dealing with electronic medical records. Medical malpractice attorneys believe this could eventually lead to possible FDA regulations regarding electronic medical records.

The Issues Facing the Move to the Future

medical malpractice attorney in nj and pa Medical malpractice attorneys have traditionally believed that the use of electronic medical records would actually decrease the number of medical mistakes and other prescription errors. With the increase in technology, medical malpractice attorneys thought that doctors and nurses would be better equipped to avoid preventable mistakes and injuries and reduce the potential for civil lawsuits. It is easy to see why people thought that better technology would help healthcare providers avoid unnecessary medical malpractice. Doctors, who are notorious for poor handwriting, would not have the same problems communicating data to others in patient charts, the equipment could monitor drug prescriptions to avoid dangerous mixtures, and hospital workers could be alerted easily of particular patient conditions without the hassle of digging through charts. However, many studies are now showing that the expected benefits of the new healthcare technology are not coming to fruition as fast as expected, if at all. The Institute of Medicine has also highlighted numerous dangers that could lead to malpractice and cause patients severe injuries. The report stated “although the magnitude of the risk associated with health IT is not known, some examples illustrate the concerns. . . Dosing errors, failure to detect life-threatening illnesses, and delaying treatment due to poor human-computer interactions or loss of data have led to serious injury and death.

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 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: Paraplegic Woman Wins $7.6 Million

Plaintiff D’Knawn Hairston was awarded $7.6 million by a Sacramento Superior Court jury this week in California. The incident occurred in December of 2003 when Hairston was taken to the UC Davis Medical Center after complaining of numbness in her legs. An MRI was conducted but the doctors found her results to be normal. Medical malpractice attorneys say that over four years later, in February 2008, Hairston suffered from nearly the same symptoms but this time she was taken to Methodist Hospital.

A Shocking Discovery…Years Too Late

new jersey philadelphia Medical Malpractice Attorneys D’Knawn Hairston case large verdict At the second hospital, doctors found an arteriovenous malformation on her thoracic spine. Professionals found that even after surgery, Hairston’s spine was still permanently damaged and she had no movement below her chest. These complications led to the young woman, who was fourteen years old when she first complained of these symptoms, becoming paraplegic. Hairston’s lawyers stated “the jury did a great job of working through the evidence and coming up with a result that will enable this very deserving young woman to move forward independently.” It is unclear what the life of Ms. Hairston would be like had the malformation been noticed when she originally visited healthcare providers as a young teenager. It is the hope of medical malpractice attorneys that the sum of money she is set to receive in damages will be adequate to assist her in living a successful and happy life. A statement released on behalf of the University of California stated “this is a regrettable and unfortunate case for everyone involved.

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.

Nursing Home Abuse Lawyers: CNA Imprisoned for Patient Abuse

Nursing home abuse lawyers try their best to advocate for the elderly victims of abuse and neglect, the victims who often can no longer defend themselves against these predators.

Amanda Tibble, 36, who used to work as a certified nursing assistant at the John M. Reed Nursing Home in Limestone, Tennessee has been sentenced to 15 months in jail. Tibble was fired from the home when allegations of physical, emotional, and verbal abuse from January 2010 surfaced. She has since plead guilty to four counts of willful abuse or neglect and admitted to mentally abusing two patients. She has also been accused of twisting a male patient’s hand and bending back the hand of another patient. Tibble admitted to having an anger management problem and recently said “I do apologize for my actions and I do, you know, hate that it caused the mental anguish on her that it did.”

Judge and Victim’s Family Do Not Believe Apology

The family of Anza Hall, one of Tibble’s victims, said “We’ve waited well over a year and a half to get justice served.” The 90-year-old paralyzed stroke victim would tell her family “Don’t make them mad, don’t make them mad. They’ll be mean, they’ll be mean.” Because of the non-believable testimony from Tibble and the testimony of Hall’s daughter and granddaughter, Marcella Hall and Carla Anderson, Judge Robert Cupp gave Tibble the maximum sentence. Hall and Anderson said they didn’t believe Tibble felt any remorse for the incidents.

Nursing Home Abuse Lawyers in New Jersey and Philadelphia

If your loved one is currently a resident of a nursing home or care facility, pay attention to the quality of the nursing staff. If you are worried that the care they are receiving is negligent, abusive, or inadequate, contact the Mininno Law Office for a free case evaluation. You may also call for a free consultation at (856) 833-0600 in New Jersey, or (215) 567-2380 in Philadelphia.

Medical Malpractice Attorneys Discuss Evolution of Hospital Liability

In the past, medical malpractice attorneys were extremely limited when bringing lawsuits, especially in determining who could be found liable. Under the doctrine of charitable immunity, hospitals were completely free from tort liability. This doctrine has been eliminated or minimized in many jurisdictions leading to three theories that have been used to hold hospitals liable when their doctors and nurses commit negligent acts. These three theories are known as respondeat superior, ostensible agency, and corporate negligence.

Hospitals are Responsible for Their Healthcare Providers

new jersey philadelphia medical malpractice attorneys evolution hospital liabilityUnder the respondeat superior theory, a theory that applies to many employer/employee relationships, the healthcare provider must be employed by the hospital. In order for a hospital to be liable under respondeat superior, the negligence must occur within the scope of the doctor’s employment practices. Secondly, ostensible agency may apply even if the doctor is not directly employed by the hospital and rather acts as an independent contractor. Under this theory, if a patient looks to the hospital for care rather than a specific doctor or the hospital represents the doctor as an employee, the hospital may be found liable. Lastly, more and more courts are holding hospitals liable under a theory of “corporate negligence”. Under that theory, lawyers may sue hospitals when they fail to review the treatment prescribed by doctor’s or require consultation. This has been a major trend in recent years that has allowed plaintiffs who have been injured by negligent healthcare providers to seek damages from the hospital as opposed to merely a single doctor or nurse.

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: Does the Law Do Its Job?

It is widely accepted that across the United States of America, many patients at one point or another are injured due to the carelessness of doctors. One study that has illustrated this point is the highly debated “Harvard Study”. That study concluded that in 1984, 99,000 patients in New York State suffered serious injuries while in hospitals.  Thirteen thousand of  those patients lost their lives. Other studies have had similar results regarding the injury of patients while in hospitals. The main issue that medical malpractice attorneys are confronted with each day is whether the law is doing a good enough job to protect these patients. The law, and medical malpractice litigation, is designed to hold negligent doctors accountable while vindicating doctors who could not have done anything to avoid a bad patient outcome.

The Goals of Malpractice Law

new jersey philadelphia medical malpractice attorneys law job harvard studyThe main goal is to determine whether the law is truly holding only negligent doctors liable while finding that on occasion, bad results do occur in the medical profession even when good doctors are providing treatment. Lawyers believe that the possibility of legal resolutions and potential lawsuits should result in doctors using safer procedures, better diagnostic tests, and more extensive fact finding before providing treatment. The law should also urge doctors to follow the “customary practice” standard which would discourage doctors from using untried and dangerous treatments as opposed to what is generally acceptable in the field. Finally, it is the hope of patients and medical malpractice attorneys alike that the possibility of a lengthy litigation process will push doctors to adapt and change with the profession rather than sticking with their old ways when new approaches are readily available.

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: A Matter of Common Knowledge

In order to successfully prove a medical negligence case, medical malpractice attorneys must prove that the doctor failed to live up to the appropriate standard of care. Generally, lawyers, on behalf of their clients, must call expert witnesses in order to establish the relevant standard of care that professionals are expected to fulfill. However, in many jurisdictions, plaintiffs may not need to present expert witnesses if the negligence undertaken by the doctor was “so grossly apparent, that a layman would have no difficulty recognizing it”.

When Would a Layman Recognize Medical Malpractice?

new jersey philadelphia medical malpractice attorneys common knowledge layman recognitionExpert testimony is not necessary to prove a plaintiff’s case when the negligent conduct of the doctor was a matter of common knowledge. One example that constitutes a “matter of common knowledge” is all too frequent in medical treatment today. This example involves a surgeon who negligently leaves a foreign object inside of a patient, such as a sponge, following a medical procedure. Expert testimony is not necessary to prove that the doctor breached his duty to the patient when he began the procedure. A layperson does not need advanced medical schooling and degrees to recognize that a foreign object should not be left inside of a patient following a procedure. Therefore, a jury can easily see for themselves that there was a breach of a duty resulting in medical malpractice, without the unnecessary parade of highly educated doctors at trial.
One final example came about in the Texas case of Schneider v. Haws. In that case, no expert testimony was necessary to prove medical negligence when a patient was not provided an escort or mechanism to safely return her to the waiting room. The patient ended up hitting her head due to the lack of assistance and supervision following a meeting with the doctor.

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: Don’t Know What You Got until It’s Gone

The law recognizes a spouse’s right to the love, company, affection (including sexual) and service of the other spouse and this is referred to as “consortium”. Unfortunately, in many medical malpractice cases, due to serious injury or death, one spouse may lose the consortium of the one they love. Medical malpractice attorneys will often seek compensation for this loss as part of the damages that a jury awards at the conclusion of a trial.

The Loss of a Loved One Due to Medical Malpractice

new jersey philadelphia medical malpractice attorneys discuss definition consortiumThis category of the law has spread in recent years and in different jurisdictions across the United States, other individuals have been able to claim loss of consortium. Some of these individuals include parents, grandparents, and children. It is crucial for lawyers to know the common law in the jurisdiction in which they practice because many people are affected and hurt by medical malpractice aside from just the patient. It is important that those who will truly lose the consortium of the victim be compensated for their loss. This portion of the law is continuing to expand and grow to allow others to bring claims of loss of consortium.

In 2003, a New Mexico court decided the case of Lozoya v. Sanchez. That case was the first time in history that a court was upheld after they recognized the right of unmarried cohabitants who were in an “intimate familial relationship” with the victim. Medical malpractice attorneys for that plaintiff were allowed to seek loss of consortium damages even though there was no official marriage.

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.