money damages Archives - New Jersey Medical Malpractice Lawyers

Nursing Home Neglect Lawyers: Estate Awarded $5.2 Million

Nursing home neglect lawyers convinced an Arkansas court to award the estate of Martha Bull $5.2 million in damages for pain, suffering and mental anguish. Bull died at the Greenbrier Nursing and Rehabilitation Center on April 7, 2008 at the age of 76 after the home was negligent in her treatment by failing to act on a doctor’s orders to transfer her to a hospital.

Woman Dies after Cries of Pain are Ignored

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Bull was admitted to the facility on March 28, 2008 for 30 days of rehabilitation after suffering a stroke. On the night of April 6, she began suffering from severe abdominal pain, sweating, and inability to make a bowel movement. Nothing was done for her until the next shift when she was still complaining and a doctor was called that following afternoon. The doctor ordered that Bull be transferred to the emergency room because of her history. A fax was sent to a fax machine in a closet of the wing of the building where Bull lived. No one saw the fax and Bull was never taken to the hospital, even though she screamed throughout the afternoon so loudly that other residents complained. Martha Bull was found dead later that night, the fax not discovered until the next day. No autopsy was performed and the facility does not know the official cause of death.

Greenbrier Nursing and Rehabilitation Center fought this case for the four years it was in litigation and didn’t admit guilt in making mistakes in Bull’s treatment until after the trial had already begun.

Nursing Home Neglect Lawyers in New Jersey and Philadelphia

If you or your loved one has suffered nursing home abuse, negligence, and inadequacy it is time to contact nursing home neglect lawyers. The team at Messa & Associates is dedicated to earning justice and compensation for those injured or worse 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 Win $2.5 Million

A jury awarded Amy Garcia, 29, and her medical malpractice lawyers
$2.5 million in her lawsuit against St. Joseph Mercy Hospital in Ann Arbor, Michigan. In 2007, Garcia suffered a miscarriage and lost her 14-week fetus. Dr. Norman Gove, an obstetrician and gynecologist, told Garcia she needed a dilation and curettage procedure. He told her it was a routine procedure and she would “be home by lunch.” “I was assured by the doctor that the procedure would be quick and that I would be out quickly,” said Garcia.

Unsupervised Resident’s Mistake Causes Permanent Damage

medical malpractice lawyers in NJ and PA Unknown to Garcia, a resident physician performed the procedure and dilated Garcia’s cervix and the uterus was then perforated. Dr. Gove did not properly supervise the resident. When ring forceps were inserted through the perforated uterus in order to remove the fetal remains, he grabbed a piece of bowel that snapped back. As a result of the mistake Garcia’s rectum and bowel were torn. Garcia then required an Ileostomy, where they created an opening on the surface of her skin to pass intestinal waste that is collected in a bag worn outside of her body. She wore this bag for three months after the procedure. She lost part of her bowl and rectum and still suffers from pain, scarring, and altered bowl patterns.

When asked if she knew a resident was going to perform the procedure, Garcia said:

“When the procedure was taking place I was only aware of Dr. Gove performing it. I was shocked to discover the resident had taken over after the procedure had taken place…I definitely now give more thought to the term ‘routine procedure’ and I urge anyone to think twice when being told the same. I know resident doctors need to learn, but when I have a choice I don’t think I would ever let another one perform any type of procedure on me after what happened.”

Medical Malpractice Lawyers 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 Argue Many Cases in NYC

The country’s largest metropolitan area, New York City, was home to an enormous amount of medical malpractice lawsuits stemming from the actions of healthcare providers at public hospitals. Medical malpractice attorneys point out that much of the money paid out in damages came directly from taxpayers. Due to the negligence and malpractice of healthcare providers, 246 cases were completed in 2011 and the damage amounts are startling. The total number of payouts in New York City was up 5% to $135 million, $7 million more than the 2010 totals.

Two Shocking Cases from 2011

medical malpractice attorneys in nj and pa First, Damian Saul, 43, suffered a massive stroke while he waited for hours to see a physician at a city hospital. Upon his arrival, Saul informed a nurse that he was having trouble with his sight in one eye. This should have been recognized by the nurse as an initial sign of a stroke. The ensuing stroke left him almost completely paralyzed and he was unable to speak clearly. His medical malpractice attorneys reached a settlement of $5.5 million. His medical malpractice attorneyswere quoted as saying,

“they did nothing, whoever was doing the triage was incompetent, they just weren’t listening to him.”

Next, a 38 year old woman, who wished to remain anonymous, went to see a dentist to have her abscess drained. Unfortunately, her physician allowed her to be discharged from the hospital before requesting a culture test of the infected tissue. Had this test been requested, he would have recognized she suffered from an infection known as MRSA. Today, that cheek infection has led to her paralysis. The woman’s attorney, Sam Rosmarin, stated,

“The tragedy here is that this could have been avoided. Her complete dependence on others as a result of someone’s negligence is a horribly unfair existence.”

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: Girl Reaches Settlement with Hospital

The long and troubled journey of Malyia Jeffers now has found closure following a settlement between her family and Methodist Hospital, in California. The Sacramento girl was forced to wait five hours in an emergency room for medical attention regarding an infection. The girl was running a fever and was weakened due to a strep infection. Medical malpractice attorneys believe that due to the long wait she endured at Methodist Hospital, she lost her feet, her left hand, and part of her right hand. Once she finally did receive medical assistance, she was immediately flown to Stanford University where she was diagnosed with septic shock.

Damage Award Necessary for Child to Survive

Jeffers’ family agreed to a settlement with Methodist Hospital and emergency room workers in the amount of $10 million. Medical malpractice attorneys believe that $9 million will come from the hospital while the remainder will be paid by Emergency Physicians Medical Group of Sacramento, resulting in one of the largest awards in California history. Some of the money will go towards current expenses and the remainder will be given to young Malyia, beginning in 2026 on her 18th birthday, at $16,000 per month. Although California has a damage cap in place at a quarter of a million dollars, this only limits damages related to “pain and suffering”. Medical malpractice attorneys believe that this settlement was properly designed to avoid the cap and attribute the amounts of money to different types of damages. Hopefully, this amount of money will help the young girl adapt to her new life after this devastating case of malpractice and will allow her to lead a normal life.

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: Negligent Prescription of Contraceptive

Michelle Parmeter, of Ogdensburg New York, filed a medical negligence lawsuit in the NY Supreme Court against a hospital, a doctor, and a physician’s assistant. Parmeter’s medical malpractice attorneys filed the action claiming that the assistant and doctor negligently prescribed the woman an oral contraceptive. The defendants are Claxton-Hepburn Medical Center, Mr. Scott D. Beeles (physician’s assistant), and Dr. William Baerthlein. Parmeter was a patient throughout 2009 and now seeks compensation for her injuries.

Woman Loses Part of Her Arm

medical malpractice attorneys in nj and pa

According to the woman’s medical malpractice attorneys, Beeles failed to recognize that she was prone to potentially acquiring thrombosis prior to instructing her to take the oral contraceptive. Parmeter further charges that both men failed to provide proper care and consult with other physicians who may have had a better idea of the possible dangers surrounding the medication. Finally, medical malpractice attorneys also noticed that Parmeter was never informed that she should not use tobacco while on oral contraceptives. According to the lawsuit, these different instances of malpractice led to the loss of the woman’s arm. Now, she is seeking damages that will compensate her for lost wages and future medical expenses that she will incur. Medical malpractice attorneys believe that Dr. Baerthlein may also be held liable if he failed to acquaint himself with the medical literature and common practices regarding the oral contraceptive that was prescribed. Whenever a patient begins taking medication, it is essential that healthcare providers provide the patient with the necessary information to safely take the medicine. Doctors are required to recognize potential dangers, such as thrombosis (blood clot), in order to minimize risks. They then must relay this information to their patients.

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: Jackson Litigation Just Beginning

Michael Jackson’s former doctor, Conrad Murray, was found guilty in a criminal courtroom for the death of the former pop icon. However, the litigation surrounding the death of Michael Jackson’s death is just now getting underway. Medical malpractice attorneys will now fight in civil courtrooms for money damages caused by the negligence of the doctor. The guilty verdict set down by a Los Angeles jury has not settled any of the potential civil liability that could still face Murray. Joe Jackson, and the Jackson family, will now seek another verdict before a new host of jurors.

Civil Lawsuit for Jackson’s Wrongful Death

Medical Malpractice Attorneys in NJ and PA

Brian Oxman is the medical malpractice attorney who was selected by Joe Jackson to represent him in the wrongful death lawsuit. Oxman was quoted as saying that his civil suit “will absolutely focus on what happened before the last few hours of Michael’s life”. Oxman is working together with other medical malpractice attorneys, such as Charles Peckham, Murray’s lawyer, to possibly bring in other doctors who treated Michael Jackson. One of these other doctors who may be caught up in the future litigation is Jackson’s former dermatologist, Arnold Klein. The medical malpractice attorneys representing Murray strongly believe that because the focus of the criminal trial was solely based on Murray’s interaction with Jackson, the result failed to show who may have been truly culpable. Peckham said that the focus of the criminal trial revolving only around Murray “severely restrained testimony that would have pointed to Dr. Murray’s innocence”. Medical malpractice attorneys expect this litigation to be lengthy and complex due to the number of potential parties and the high profile of the victim. The Jackson family is seeking money damages due to the death of Michael which would require a finding of medical negligence by a jury.

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 Discuss the Force of Lawsuits

Professional malpractice typically refers to negligence by a professional and it has been applied to many professions such as engineers, art experts, social workers, and pilots. However, it’s most common application is with healthcare providers such as doctors, nurses, surgeons, etc. A lawsuit involving a single patient and a single healthcare provider may have a narrow impact on society, meaning it may only have consequential value to the parties involved. The litigation process will determine how an injured patient will be compensated but medical malpractice attorneys have also found that the outcome of a lawsuit may mold how the profession will engage in its practice.

Broad Impact of Medical Malpractice Cases

new jersey philadelphia medical malpractice attorneys discuss force lawsuits
Consider the case of medical professionals. How courts in a particular jurisdiction rule on different matters of liability and standards of care will undoubtedly affect how other doctors and nurses act in similar situations. Situations such as communicating with patients regarding treatment and procedures, undertaking surgery and diagnosis, avoiding negligence and malpractice liability, and safeguarding patients from clearly foreseeable injury and even more remote potential outcomes all will be molded by how courts have ruled in previous cases. When other doctors or nurses are found liable for medical negligence, lawyers believe that this does not merely deter those individuals from acting in a particular way. Medical malpractice attorneys believe that the profession as a whole, both within and outside of that jurisdiction, will alter the ways in which they practice. When patients are hurt due to alleged negligence or malpractice, a courts ruling sends a message to the community as a whole that certain behavior and activity will not be tolerated.

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 Find Justice after 7 Years

Medical malpractice attorneys fought for the plaintiffs, Melinda Schultz and the family of William Bribriesco, in an attempt to earn them much deserved compensation. Finally, in 2011, the State Appeals Board approved settlements in both cases which resolved the open lawsuits which date back to 2007. As part of the settlements, the hospital and those employed at the time denied any wrongdoing.

Two Plaintiffs Find Justice

new jersey philadelphia medical malpractice attorneys justice after seven years In the first approved settlement, the State Appeals Board approved a settlement in the case of Melinda Schultz for a figure around $300,000. In that case, the plaintiff alleged that her anesthesiologist negligently administered pain medication prior to a knee operation. In the second settlement, the family of William Bribriesco was awarded $91,000 to settle the case. Mr. Bribriesco passed away following an extended term at the hospital. The plaintiff’s lawyers in that case alleged that the man died because he developed an infection which was attributable to negligent treatment during his stay at the University of Iowa Hospital. Following a complicated procedure to treat a heart aneurysm, the medical malpractice attorneys believe that negligent treatment led to the man’s demise.

Medical Malpractice Attorneys in New Jersey and Philadelphia

Medical Malpractice Attorneys: Tennessee Moves to Damages Cap

Insurers in the state of Tennessee who cover healthcare providers will not be paying out less money in medical malpractice suits. Tennessee passed new laws earlier this month which put into place caps and limitations on malpractice awards and also stated that insurers will not longer be liable under the consumer protection laws. Medical malpractice attorneys will now be faced with the uphill battle of fighting for the proper compensation for clients within the limited amounts allowed by law.

Non-Economic, Punitive, and Catastrophic Damages All Capped

Governor Bill Haslam made no secrets about his agenda to considerably limit the civil lawsuits within Tennessee. Now with the passing of the “Tennessee Civil Justice Act of 2011”, medical malpractice attorneys believe that he may have done just that. Pain and suffering, along with other non-economic damages, will now be capped at a maximum of $750,000. Furthermore, the new Act will also limit punitive damages, in both medical malpractice and personal injury cases, to only $500,000. The most shocking, and potentially limiting to plaintiffs and their medical malpractice attorneys, may be the limits placed on catastrophic cases, which will be $1 million but could effect people forever. These cases qualify as the most serious and life altering scenarios of medical malpractice. Some examples of catastrophic cases caused by medical negligence include when patients become paralyzed, blinded, burned, need an amputation, or pass away when children still qualify as minors. This new law seriously inhibits the rights of patients in seeking compensation that will once again make them whole. Although these cases hopefully will not occur too often, in these rare instances it is highly unjust to limit the amount that plaintiffs can seek at trial but such a large amount.

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 Continue Discussion About Tort Reform

Patients and doctors have a special relationship and there is a certain element of trust. Patients trust their doctors to perform the proper tests and procedures in order to provide adequate and reasonable healthcare. Many people believe that tort reform is necessary to lower the potential healthcare costs, but medical malpractice attorneys fear that reducing the amount of compensation due to plaintiffs in some cases may be putting too much trust in these doctors. Sure, healthcare costs are exceedingly high in this country. However, by reducing medical malpractice awards through a cap system, people may be forgetting that there is a human element to practicing medicine and serious malpractice victims deserve to be compensated.

Malpractice and Healthcare Costs

new jersey philadelphia medical malpractice attorneys discuss tort reform First, many argue that since insurance companies charge very high premiums for doctors to gain liability insurance, doctors charge their patients more money. Secondly, a doctor’s fear this his or her patients may sue causes them to act in different ways. Many physicians claim that their fear of a lawsuit causes them to order additional tests and procedures (a practice that has since been penned “Defensive Medicine“) just to protect against charges of negligence.

Since doctors pay more money for insurance to guard against lawsuits and order many additional tests, they claim that all costs will be lowered if medical malpractice payouts are reduced. This is a good theory on paper but may not be ideal in practice. Limiting damages in some cases may not be a major deal but, in other cases, medical malpractice attorneys argue that the malpractice has such a traumatic result on the victim that their compensation should not be reduced. In this country, we pride ourselves on having juries of our peers determine what an adequate result is at trial. Do we really want to tell the person who was left blind, brain dead, paralyzed, or permanently disfigured that they can only collect a certain amount of money because of a malpractice cap?