Medical Malpractice Events Not Decreasing, According to New England Journal of Medicine

The New England Journal of Medicine recently published research executed by Harvard Medical School that shows that the number of medical malpractice events (referred to in the article as patient harms) has not decreased in the last 6 years, despite numerous prevention efforts.

Medical Malpractice Study by Harvard Medical School

medical malpractice and negligence attorneys in nj and paResearchers examined 6 years worth of medical records from 10 different North Carolina hospitals. Over 2,300 admissions records were examined from 2002 thru 2007. Records were chosen at random and reviewed by teams of nurse reviewers. The study found 588 patient harms, including surgical errors, medicinal errors, and nosocomial (hospital-aquired) infections. Of those 588 medical errors, 84.4% were reported as “short-lived” and “not serious.” Fifty, however, were classifed as life threatening, with 14 resulting in death, and 17 resulting in permanent injury. Of the errors, 63.1% of them were abolsutely avoidable.

Harvard Medical School researchers explained that they chose North Carolina hospitals because of the state’s pristine history, as well as it’s dedication to preventing medical malpractice and promoting patient safety. Authors of the study said of the results:

“Though disappointing, the absence of apparent improvement is not entirely surprising.”

It seems that while certain preventative measures have been taken, there still exists an alarming lack of free-standing programs that help deter diagnostic and surgical errors. Much of the medical malpractice occurs when patients are transferred from one physician or facility to another. Patient and information transfers must be handled with meticulous attention and sometimes, in the hustle and commotion of an Emergency Room, that kind of attention is impossible to give. That is why programs and protocol should be put into place to assist in these transfers.

Medical Malpractice Attorneys at the Mininno Law Office

John Mininno, Esq. is a dedicated and hard working medical malpractice attorney practicing in New Jersey and Philadelphia. He is experienced in many different areas of medical malpractice, and is skilled at earning significant recoveries for victims of medical negligence. If you or a loved one have been victimized by neglience in an emergency or operating room, 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 team at the Mininno Law Office earn you the compensation you need and deserve.

Medical Malpractice Causes Quadriplegia for Police Officer

17.7 million dollars was awarded to George Nissen after severe medical malpractice changed his life forever. medical malpractice and negligence attorneys in new jersey and philadelphia

Forty-seven year old George Nissen of Melrose Park, Illinois worked as a Stone Park Police Officer. On February 13, 2005, he responded to a complaint of a disturbance outside a town bar. While trying to dispurse the crowd and restore order to the area, Nissen was thrown over the hood of a car by one of the unruly crowd members. He struck his head on the curb. Nissen was quick to his feet, and none of his fellow officers suspected that any real damage or injury had occurred. A day later, Nissen was rushed to the hospital after having suffered a stroke, seemingly from injuries he sustained after the blow to the head.

Medical Malpractice at the University of Illinois Medical Center

He was admitted to the University of Illinois Medical Center to have an external ventricular drain inserted to drain the excess fluid on Nissen’s brain. The presence of the drain calls for close monitoring of intracranial pressure, which Nissen did not receive. His pressure levels rose to dangerous highs overnight and nurses failed to recognize or alert doctors of the complication, resulting in brain damage.

Today, Nissen is a quadriplegic, and can only communicate through eye or head movements. The University of Illinois has agreed to pay Nissen 16.2 million dollars, and an additional 1.5 million is being paid by an independant nursing agency that employed the negligent nurses.

Medical Malpractice Attorneys in New Jersey and Philadelphia

If you or a loved one are victims of medical malpractice or negligence, please contact the Mininno Law Office for a free case evaluation. Our medical malpractice attorneys are experienced and knowledgable in all areas of medical law, and are prepared to work hard and earn you the compensation you need and deserve. You may also call for a free consultation at 856-833-0600 in New Jersey, or 215-567-2380 in Philadelphia. The Mininno Law Office team is here for you.

Jury Awards Family $42.75 Million for Nursing Home Abuse and Neglect

nursing home abuse attorneys new jersey philadelphia Harborside MadisonvilleA Kentucky jury awarded $42.75 million to a family who claimed that nursing home abuse and neglect led to their loved one’s death. Joseph Clint Offutt was a resident at the Harborside of Madisonville nursing home for only nine days before he died. In that brief time, Mr. Offutt became lethally dehydrated, despite having a feeding tube. The nursing home failed him in the most basic way: they failed to ensure he had enough water to live.

Nine Days of Nursing Home Abuse

Mr. Offutt served in World War II and was still planting crops at age 88. A stroke weakened him in 2007. His wife of 58 years, Pearline, cared for him at home for eight months. Despite Pearline’s efforts, Offutt’s family concluded he needed professional care. Nursing homes exist for the purpose of caring for those whose families can no longer care for them.

It is incredibly distressing for a family to trust their loved one’s life to the promises of these “experts,” only to find their loved one received worse care at the nursing home then they would have received at home. As a New Jersey nursing home abuse lawyer, my experience shows that the nursing home’s lies and broken promises make it even harder for the family to accept their loved one’s fate.

Mr. Offutt was only at the nursing home from March 25 to April 3, 2008. He was transferred to a hospital and died two days later on April 5, 2008. The family alleged that nursing home staff members neglected Mr. Offutt. The nursing home allowed him to suffer from severe dehydration, malnutrition, bedsores and infections. The nursing home allowed all of this to happen in just nine days, and their neglect ultimately caused his death.

Harborside’s Response to Nursing Home Abuse Verdict

Of course, the nursing home then had the audacity to criticize the jurors. Carol Britt, administrator of the facility, released the following statement:

We feel the size of the verdict is outrageous and totally inappropriate based on the facts presented in the case. Not only did we provide quality care to this individual, but the outsized punitive damages assessed against us bear no relation to our conduct. We intend to vigorously challenge the decision through the appeal process.

With all due respect Ms. Britt, how does outstanding care lead to death by dehydration in just nine days?

Adult Protective Services officials of the Kentucky Cabinet for Health and Family Services investigated the care provided to Mr. Offutt and agreed with the allegations of nursing home abuse. The Office of Inspector General cited the nursing home for failing to prevent bedsores in the case of Mr. Offutt. Was the state wrong too Ms. Britt?

Nursing Home Abuse Attorneys in New Jersey and Philadelphia

As a New Jersey and Philadelphia nursing home abuse lawyer, I find Ms. Britt’s comments to be indicative of the attitudes expressed by the entire nursing home industry. The jury awarded $1 million for Offutt’s pain and suffering, $1.75 million for his wife’s loss and $40 million for punitive damages. The jurors were members of Ms. Britt’s community. The jury took time out of their lives to sit through the trial and listen to all of the evidence. Contrary to Ms. Britt’s opinion about the jury and the size of their award, the evidence against the nursing home must have been so egregious for the jury to become so outraged that they felt the need to send a message to the nursing home that their conduct was reprehensible.

If you or a loved one have suffered due to nursing home abuse or neglect, 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.
Our team is dedicated to fighting this huge industry that seemingly has no respect for the lives with which it is entrusted. Let us earn you the compensation you deserve.

Nursing Home Abuse – What Should You Do?

You have recently discovered that your loved has been victimized by nursing home abuse. You feel angry, shocked, confused, deceived. You entrusted an expensive facility to care for your family member because you no longer could, and now they are worse off than before. What should you do?

Nursing Home Abuse Attorney – Step 1

You must contact a nursing home abuse attorney. An attorney is going to review the facts of your case and tell you if there is enough there to file suit. If so, there are more steps you will have to take in order to present a valid case.

Nursing Home Abuse Records – Step 2

nursing home abuse attorneys new jersey philadlephiaAfter calling an attorney, the next step is often to obtain the medical records. It is often best for the family to initially request the medical records without the help of an attorney. This ensures less of a chance the nursing home would remove documents from the chart, or even re-write them. In order to request a resident’s medical records, you need to have authority to do so. What gives you that authority?

Nursing homes have the right to require a HIPAA authorization in exchange for producing the medical records. This authorization can be signed by the individual. However, often times in a nursing home setting, the resident is unable to make these decisions, and has arranged for one or more family members to act as power of attorney. When properly written, a power of attorney would give members of the resident’s family the right to sign the HIPAA authorization and request the records for themselves.

In the event that the resident were to die, the power of attorney would now have no legal force or effect. What should you do now?

Nursing Home Abuse Short Certificate – Step 3

In New Jersey, once an individual dies, the family must make an application for a “short certificate” to continue to represent the estate. The short certificate is a document that is created and provided by each county’s Surrogate’s office. Luckily, the employees at the Surrogate’s office are some of the most helpful State employees you will ever come across. Usually in one or two days, the family can obtain the short certificate. Just as a power of attorney gives the family the authority to execute the HIPAA authorization and to obtain the client’s records when they are alive, the short certificate gives them that ability when their loved one is deceased. Below is a link to the contact information for all 21 New Jersey county Surrogates.

Nursing Home Abuse Attorneys at the Mininno Law Office

Although this is a general road map as to how you would obtain records and to begin to investigate whether there is a claim for injuries against the nursing home, in the event that you feel you may have a viable lawsuit for injuries suffered by your family member, please do not hesitate to 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 team at the Mininno Law Office earn you the compensation you deserve.

Birth Defects and Depakote Could be Linked

birth defects depakote new jersey philadelphia attorneysThe U.S. Food and Drug Administration (FDA), in December 2009, informed Health Care professionals about the increased risk of neural tube defects and other major birth defects associated with the use of Depakote during the first trimester of pregnancy. Doctors typically warn women who are looking to become pregnant of the correlation between Depakote and birth defects in the first trimester of pregnancy. They should also warn women who are not planning pregnancy but are sexually active of the risks. By the time these woman know they are pregnant, it may be too late to prevent the many birth defects that can occur as a result as Depakote use in the first trimester of pregnancy.

What Birth Defects can Depakote Cause?

Depakote (Divalproex Sodium) is a drug marketed by Abbott Laboratories used to treat bipolar disorder, migraine headaches, and seizures associated with epilepsy. Side effects of Depakote that pertain to birth defects include Spina Bifida (a neural tube defect), craniosynostosis (abnormal skull development), cleft pallet, arterial septal defect (holes in the heart), and polydactyly (extra fingers or toes).

Spina Bifida is perhaps the most significant birth defect tied to Depakote use. It is a developmental birth defect caused by the incomplete closure of the embryonic neural tube. Spina bifida occurs when some of the vertebrae overlying the spinal cord are not fully formed and remain unfused and open. Spina Bifida malformations fall into four categories: Spina Bifida occulta, Spina Bifida cystica (myelomeningocele), meningocele, and lipomenengocele. The most significant form of Spina Bifida is myelomeningocele, which leads to disability in most affected individuals.

Birth Defects in New Jersey

According to the Spina Bifida Association, there are an estimated 2.7 million women of childbearing age that live in New Jersey. Approximately 1,710 people with Spina Bifida live in New Jersey and 1.97 babies are born with Spina Bifida per 10,000 births in New Jersey. The Spina Bifida Association said, “If women were to consume 400 micrograms of the B-vitamin folic acid every day before pregnancy, the risk of Spina Bifida and other serious birth defects could be reduced up to 70%.” If you need resources to learn more about Spina Bifida, there are four clinics in New Jersey located in Mountainside, Edison, Summit, and West Orange.

Birth Defect Attorneys at the Mininno Law Office

If you or a loved are dealing with the tribulations of a child with birth defects, and you believe those defects were caused by the negligence of another, contact the Mininno Law Office for a free case evaluation. Our team is eager and prepared to earn you the compensation you need and deserve. You may also call for a free consultation at (856) 833-0600 in New Jersey, or (215) 567-2380 in Philadelphia.

After DePuy Recall, Patients Ask: “Did I really need that implant?”

Now that some 96,000 patients could potentially have a defective DePuy ASR hip implant, many patients are asking the question “Did I really need to have hip replacement surgery to begin with?” Many patients who elected to have the DePuy hip replacement surgery did so because they had hip pain and believed that this device would “cure” their pain. But, a hip implant is a treatment for the pain, not a cure.

Why isn’t a Hip Implant a Cure for Hip Joint Pain?

depuy hip implant asr recall attorneys new jersey philadelphia defective replacementThe hip is a joint between the top of the leg bone (“femur“) and the pelvis bone (“acetabulum“). Hip pain is caused when there is damage to this joint. The main function of the hip joint is to support the weight of a body while standing, walking, or running. Damage can occur for a variety of reasons and cause pain, but, there is no “cure” for hip pain.

Hip replacement surgery was devised as one of the many treatment options which could help alleviate some of the pain by replacing, with a hip implant, what were believed to be the painful parts of the hip joint. In theory, a DePuy hip implant, or similar type implant, should provide a metal ball at the top of the femur and a new metal socket in the pelvis which would permit movement like the original hip joint.
The problem for DePuy hip implant manufacturers was attempting to reduce the friction between these hip implant parts which would, in theory, reduce the pain to a patient.

However, in trying to find this cure, doctors and patients may have minimized or downplayed the basic fact that hip implant surgery, in and of itself, is not a permanent cure, and causes significant post-operative pain to a patient.
In addition, because hip implants are not designed to last a lifetime, a patient must endure eventual pain when the hip implant begins to wear down and needs to be replaced.

Where did the DePuy Hip Implant Go Wrong?

The recalled DePuy hip implant was marketed as a new and revolutionary hip implant technology involving the metals chromium and cobalt which were supposed to produce near frictionless movement of the hip joint. No wonder many patients were eager to seek this “cure!”
However, recent studies have shown that DePuy’s ASR chromium on cobalt hip implant system actually causes more wear and tear and will not last as long as a traditional hip implants.

DePuy hip replacement patients now must endure additional pain and even additional surgery when, as studies suggest, their DePuy hip implant wears out prematurely and needs to be replaced. The pain and other medical risks associated with a worn out and defective DePuy ASR hip implant, is likely far greater than the pain patients would have faced had they elected not to undergo the DePuy ASR hip implant surgery in the first place.

Sadly, what we now know is that although DePuy Orthopeadics and other hip implant manufacturers marketed this product and surgery as safe, effective and a pseudo “cure,” medical research shows that hip implant surgery is never a cure for hip pain. All patients should consider all medical risks and get at least two independent opinions from orthopaedic surgeons.
If many of the 96,000 DePuy ASR hip implant patients that are subject to the DePuy recall had sought this medical advice and realized that hip replacement surgery is NOT a cure, perhaps some of them would have been spared the additional pain and damages which they now will face because of their recalled replacement.

DePuy Hip Implant Recall Attorneys in NJ and PA

If you have received a DePuy hip implant recall notice and would like more information on your rights and what you may be entitled to, 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.
The team at the Mininno Law Office is experienced with defective product cases and would hard to earn you the compensation from DePuy that you DESERVE.

Elder Abuse and Nursing Home Neglect: Is Any Resident Safe?

elder abuse new jersey philadelphia attorneys nursing home negligence prospect park residenceA New York nursing home finds itself in the midst of nursing home abuse allegations after being accused of holding a frail Brooklyn judge prisoner by blocking his mail and visitors. The allegations are the latest twist in a case launched this year by the family of Judge John Phillips against Prospect Park Residence, the nursing home in which Phillips resided for eight months until he died at age 83 in 2008.

The family’s lawyer, John O’Hara, a long time friend of Judge Phillips, said of the tragedy:

The whole thing was surreal. It looked like a nice place, but it was a death house.

Elder Abuse and Nursing Home Negligence

Unfortunately, families are often led to believe that a nursing home that appears to be well maintained would provide care equal to the quality of the physical surroundings. There is often little correlation between how nice the home looks and how good the care is. In fact, a beautiful nursing home often gives the family a false sense of security about the care they expect their loved one will receive.

Court papers allege nursing home officials misled the former judge’s family and attorneys about the services they could provide for the diabetic. Nursing homes will make any promise necessary to gain residents. Families bring their loved ones to nursing homes because their conditions just become too fragile for these families to handle. This is why nursing homes exist – to take care of our loved ones when we no longer can.

The former judge’s family alleges that he didn’t get the diabetic meals or regular insulin shots he needed, which caused his health to quickly deteriorate. This is why it is important to maintain a primary care physician who is independent from the nursing home. It is also important to make sure the nursing home is communicating with the family and physician in a timely fashion about changes in the resident’s condition.

The suit charged that “Judge Phillips was confined against his will for approximately eight months by the defendants at their facility … denying [him] proper medical care.

The nursing home’s executive director David Pomerantz declined to talk about the lawsuit. “On the advice of our attorney, I cannot comment,” he said. Phillips was in good shape when he arrived at the Prospect Park West facility, but quickly declined, friends said. “He was getting sicker and more miserable,” said O’Hara.

NJ and PA Nursing Home Negligence Attorneys

Is your loved one a victim of elder abuse or nursing home negligence in a nursing home or long term care facility? Donald Browne is an experienced Elder Abuse attorney at the Mininno Law Office. Donald has seen it all from the nursing home industry: avoidable bedsores, avoidable falls leading to fractures, medication errors, and physical and/or sexual assaults by staff members or other residents are amoung the most common.

Nursing homes make many promises, and lawyers like The Mininno Law Office’s Donald Browne hold them accountable when they put profits over people and do not follow through on these promises.
Please contact the Mininno Law Office for a free case evaluation, or simply call for a free consultation at (856) 833-0600 in New Jersey, or (215) 567-2380 in Philadelphia.

DePuy Hip Implant Claims – Is Time Ticking?

depuy hip implant recall attorneys new jersey philadelphia estatute limitationsIf you are one of the unfortunate patients who received the recently recalled DePuy Orthopaedics ASR hip implants, you are probably wondering if there are any time limits to make a claim?
Many people believe it is okay to wait until you have symptoms before making any type of claim for a defective hip implant. After all, why should you make a claim if your DePuy hip implant seems to be working and you are not experiencing hip symptoms?

In fact, most orthopaedists are advising patients to wait until they have symptoms before deciding to undergo a hip implant revision surgery. While that may or may not be sound medical advice, it is not sound legal advice for a defective DePuy hip implant claim.

Why Should I Rush to File My DePuy Hip Implant Claim?

Because you may lose your hip implant claim if you wait too long to bring it.
All states have what is known as a “statute of limitations,” which is a law that may bar any claims not brought within a certain period of time. For example, in New Jersey and Philadelphia, the statute of limitations is ordinarily two years from when a patient knew or should have known of a potential claim. If you have a Depuy hip implant, and you are not noticing any symptoms at this time, the statute of limitations may still be running on your claim as DePuy has already issued the recall notice. DePuy may try use the date of the recall notice as a statute of limitations defense.

The recall date was August 26, 2010, so DePuy may argue that any claim that has not been filed in a Court of law may be barred by the statute of limitations. What’s worse, if you began experiencing hip pain, discomfort or any other symptoms related to the defective hip implant BEFORE the recall date, DePuy may argue that your statute of limitations began running on the date you first experienced hip symptons.

DePuy Hip Implant Attorneys in New Jersey and Philadelphia

Since it is often difficult to determine when a judge or a court would decide when you “knew or should have known” that you had a defective hip implant claim or lawsuit, you should consult with a lawyer now, before time expires on your claim. Remember, the medical advice regarding a defective hip implant, re-implantation surgery, and appropriate testing for potential toxins in your blood stream will be very different than the legal advice you should be given regarding when and how to present your claim.

Contact the Mininno Law Office for a free case evaluation. A DePuy hip implant recall lawyer will take the time and give you important information about your legal rights. You may also call us for a free consultation at (856) 833-0600 in New Jersey, or (215) 567-2380 in Philadelphia.

DePuy Distributes “Helpful” Handout for Defective Implant Claims

Recently, DePuy Orthopaedics posted a patient handout for hip implant claims on its web site. This implant recall handout is supposed to provide patients with detailed information about the full amount of compensation that patients would be entitled to receive if their surgeon implanted a defective DePuy hip implant.
That handout states as follows (click on the image to enlarge):

new jersey philadelphia depuy defective hip implant recall attorneys handout distributionnew jersey philadelphia depuy defective hip implant recall attorneys handout distribution

DePuy sells Defective Hip Implants; Hires “Claims Adjustors” in Aftermath

In this country, our civil justice system deals with what happens when a corporation breaks the rules of society that are designed to keep citizens safe. Here, DePuy Orthopaedics has admittedly broken our civil rules of society by selling, for a profit, a defective product; more specifically, a defective hip implant. DePuy sold this product in order to earn a profit for its parent company, Johnson & Johnson, a publicly-traded company whose reported annual revenues of the 2008 fiscal year were $63.75 BILLION DOLLARS.

The question becomes:

What is fair compensation for a person who needs to endure pain, disability, loss of income, hospitalization, and the many risks associated with a second surgery when a $63.75 billion corporation sells, for profit, a defective hip implant?

Should a patient allow a DePuy claims adjuster, hired and paid by DePuy, decide what is their fair compensation? Would this DePuy employer be more concerned about a patient’s health and welfare, or the health and welfare of his/her employer Corporation?

NJ and PA Depuy Hip Implant Recall Attorneys

Ultimately, any person with a defective implant should consider presenting this claim to a jury of their peers to decide what would be fair compensation. DePuy’s “claim process” would shield the company from a jury of his or her peers to determine what this 63.75 billion dollar corporation should pay as fair compensation for its defective product – the ASR XL Hip Implant System.

We are strongly encouraging anyone with a potentially defective hip implant to 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.
We’ll inform you of all, not just some, of your rights.

Are You Seeking Legal Representation Against DePuy Orthopaedics?

new jersey philadelphia depuy orthopaedics hip implant recall attorneys
Everday, the Consumer Product Safety Commision issues information about defective products that are being recalled. Many people are wondering, “Are these types of defective product recalls the same as the DePuy Orhtopaedics hip implant recall?” The simple answer is no.
Ordinarily, if you purchase a defective product and it is recalled, you simply have to stop using the product and return it for a refund. Although it is inconvenient, it is a very simple issue to resolve. However, a recall involving a defective hip implant is not quite so simple. These are some of the steps that must be taken.

  • Determine if your surgery was before or after July, 2003. If your surgery was before this date, you do not have a DePuy hip implant as they were only available after this date.
  • Contact the orthopaedic surgeon who performed your replacement or the hospital where the hip implant surgery took place. Ask them, “Did I receive a DePuy Orthopaedics ASR XL Hip Implant System?” If not, your implant is not part of the recall. If, however, your doctor tells you yes, you must locate the surgeon who performed your hip replacement procedure. If that surgeon is unreachable, you can request your records from the hospital where the procedure took place. Hospitals are required to keep records of any and all implants they place in patients, and there likely will be a record of the hip implant you received.

My Hip Implant was Manufactured by DePuy; What Now?

If you have determined that your hip implant is part of the DePuy hip implant recall, you can do one of two things:

1. You can contact DePuy directly about compensation. However, you will be speaking to trained claims adjustors whose jobs are designed to settle your case at the lowest possible cost to DePuy. This course of action is not recommended.

new jersey philadelphia depuy orthopaedics hip recall attorneys defective replacement
Pictured is the ball and socket portion of the artificial hip joint that is realeasing metal particles in the bloodstream after wear and tear to the implant.

2. You can contact the Mininno Law Office regarding the recall. Here, we can ensure that a fair and reasonable claim can be presented to DePuy. It will include a claim for:

– Any additional testing and treatment;
– Medical treatment for any problems associated with the defective implant;
– Revision surgery for the explantation of the defective implant, and re-implantation of a non defective hip implant;
– Out-of-pocket medical expenses;
– Additional compensation such as lost work, time, and travel expenses; and
– Money damages to the full extent of the losses and harms caused by the defective hip implant.

NJ and PA DePuy Recall Attorneys at the Mininno Law Office

Our system of civil justice demands that people who have been injured becasue of a wrongdoer’s negligence must be compensated. If you or someone you know has a DePuy hip implant, please call us for a free consultation at (856) 833-0600 in New Jersey or (215) 567-2380 in Philadelphia.
We can offer you more information regarding the full compensation to which you may be entitled.