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 These 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 … [Read more...]

Medical Malpractice Lawyers and Litigation NOT Breaking Healthcare’s Bank

Health 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. … [Read more...]

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 … [Read more...]

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 … [Read more...]

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 At the second hospital, doctors found an arteriovenous malformation on her thoracic spine. Professionals found … [Read more...]

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 … [Read more...]

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 Under the respondeat superior theory, a theory that applies … [Read more...]

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 … [Read more...]

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? Expert testimony is not necessary to prove a … [Read more...]

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 This category of the law has spread in recent years and in different jurisdictions across the United States, other individuals have been able to claim … [Read more...]