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Medical Malpractice Attorneys: When Medical Negligence Turns Criminal

In recent days, the trial of Dr. Conrad Murray, the former personal doctor of pop star Michael Jackson, has been the topic of much attention and conversation across the country. Medical malpractice attorneys note that the case revolves around one question; did the doctor’s conduct surpass mere medical negligence?

Generally, when a doctor commits an act of negligence, lawyers will file a lawsuit as a civil case. In civil cases, plaintiffs seek to be compensated for a wrong committed by a doctor, but there is no risk of facing jail time. In cases of egregious medical errors, district attorneys have the authority to file criminal charges against the healthcare provider.

What is the Standard of Care

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The standard of care can be understood as the requirement that a doctor act responsibly and cautiously in order to avoid any harm to their patients. Across this country, states have different statutes and codes which define what constitutes medical malpractice. In order for a doctor to be charged in a criminal case, as opposed to the more common civil malpractice cases, he or she must grossly breach their standard of care. In order to achieve a conviction, prosecutors must prove criminal negligence or provide evidence that the doctor put himself in to a position that other doctors would have avoided. Julie Cantor, an attorney with a medical degree and a professor at UCLA School of Law, described the realm of criminal charges following medical malpractice as “a gross incompetence or indifference to a patient’s well being.”

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:Columbus Manor received 11 Health Citations

There are many codes and requirements that nursing homes need to meet in order to keep their license to operate. They are monitored by the local department of health in order to regulate the facilities and make sure they are keeping the safety and health of their residents their first priority. As nursing home abuse lawyers , we want to remind you when looking for a facility for yourself or a loved one to research past citations.
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Columbus Manor Residential Care Home has been cited by the Department of Healthcare and Family Services for not complying with 11 federal requirements that nursing homes must obey in order to participate in the Medicare program. Based on inspection surveys in April, July and August, violations were found that involved resident rights, quality of life issues and the physical environment of the facility. In July they found a pool of standing water in the boiler room and laundry room with an extension cord plugged into an outlet and an electric fan going through the puddle. They also found ten pounds of non-dated chicken, ground beef and other food. In August the facility was cited for failing to supervise a resident, who was a registered sex offender with history of sexual aggression, after he left the home without permission and was hit by a car. The resident was admitted to the hospital for a knee fracture. The facility then failed to create a care plan to prevent an incident like this from happening again.

Facility Fixes Problems and Avoids Serious Punishments

Columbus Manor would have been removed from the federal Medicaid program if the health citations were not rectified by October. But after the August survey, the nursing home submitted their plan for how the violations will be corrected and the health department confirmed that the improvements were made and waived the 11 citations. According to Melaney Arnold, a spokeswoman for the Illinois Department of Public Health, it is not uncommon that deficiencies are waived once the facility has corrected the problems. She said “Sometimes it’s just trying to train the staff of a new policy written – some of those things are easily correctable.” But according to Elce Redmond, an organizer for the South Austin Community Coalition, Columbus Manor has had “massive problems” for the past few years and “it’s a shame residents live the way they do.” It is a shame that it takes the government stepping in and threatening these facilities for them to actually fix such obvious problems.

Nursing Home Abuse Lawyers in New Jersey and Philadelphia

If you have witnessed any questionable conditions or abusive behavior in a nursing home, directed towards your loved one or even another resident, 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: Negligence Kills Wife and Mother

After nearly four years of litigation and appeals, a family is finally able to present their medical malpractice case in front of a jury at trial. Jury selection took place on October 3rd and the family of the late Dorothy Broussard is seeking a number of damages including pecuniary loss, medical services, physical pain and suffering, mental pain and anguish, disfigurement, physical impairment, loss of consortium and loss of enjoyment of life. The medical malpractice attorneys on the case claim that a breathing tube connected to Mrs. Broussard was inadvertently removed which led to a lack of oxygen.

Could the Healthcare Provider Have Done More?

Preston Broussard, on behalf of his late wife, filed the lawsuit against Dubuis Hospital and Dr. Sreedhar Polavarapu. The medical malpractice attorneys stated in the lawsuit that the “defendants’ failure to safely monitor and restrain Dorothy Broussard led to the deprivation of oxygen that caused Mrs. Broussard’s untimely demise.” Obviously the lack of oxygen over a sustained period of time had an adverse effect but no one on the staff recognized the problem in time. The medical lawyers found that the saddest part of this story was how the family discovered the woman. The lawsuit stated,

“Plaintiff Cody Broussard, the 10 year old son of Mrs. Broussard, ran ahead of his father into his mother’s hospital room. Cody Broussard was the first person to find the oxygen tube hanging on the side of the mother’s hospital bed, and found his mother gagging for air.”

The woman later fell into a coma and lost her life on July 12, 2005.

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: CFO Steals $52,000 from Facility

Putting a loved one in a nursing home or long term care facility is a very hard decision to make. You are giving up control and trusting the staff and administrators to look after the best interest of someone you care so much about. As nursing home abuse lawyers, we see some heinous acts of abuse and neglect. Where most physical abuse is the result of frustrated and overworked nurses and direct care workers, we are finding that administrators and other officials are abusing their power to gain financially from the home. They are taking facility funds away from the elderly and disabled residents and putting them into their pockets.

Nursing Home Official Received Fraudulent Expense Reimbursements

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Perry Vandeventer, 64, is the former chief financial officer for Shepherd of the Valley nursing home who is being charged with two felony counts of larceny and obtaining property by false pretenses for stealing almost $52,000 from the facility between March of 2008 and January of 2011. He acquired fraudulent expense reimbursements totaling $23,719.66, allegedly receiving the money by submitting fake receipts for contractors who never did any work, obtaining cash advances for travel of trips he didn’t take, education expenses and obtaining money for purposes unrelated to the facility. He also used two of the home’s credit cards to purchase personal items including a computer, books, personal cell phone, meals, vehicle repairs and fuel totaling $28,080.05. He is facing more than ten years in prison if convicted of these charges.

Nursing Home Abuse Lawyers in New Jersey and Philadelphia

If you have witnessed any questionable or abusive behavior in a nursing home facility directed towards your loved one or even another resident and 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 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?

Medical Malpractice Attorneys in New Jersey and Philadelphia

Elder Abuse Lawyers: Neglect Leads to Bed Sores, Gangrene, and Amputation

As elder abuse lawyers, we always find it disheartening when adult children abuse or neglect their elderly parents. Siblings Kevin Roberson, 42, Alan Roberson, 54, and Connie Roberson, 51 are being charged with criminal abuse of an elderly person, which is a felony with a possible sentence of ten years in prison. The three siblings are currently in jail with each of their bail set at $250,000. In addition, each of them is forbidden from having any contact with their mother, Martha Robinson.

The three siblings were in charge of caring for their 77 year old mother from June 18, 2011 to October 2, 2011. During this time, they failed to make sure that their mother was properly fed, bathed, or taken care of medically. In general, she became the victim of severe and egregious neglect.

Severe Case of Abuse Worst Senior Services Employee Has Ever Seen

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Barbara Kolaski, Senior Services Elder Abuse Supervisor who has worked with seniors for 40 years, said that this is the worst case of neglect that she has ever seen. The abuse was uncovered when Martha was brought to the hospital on Sunday, October 2. There, they found three shocking pressure wounds. There was a three-inch deep sore on the elderly woman’s tailbone that was black, red and purple. Her right leg was black from gangrene and later had to be amputated.

It is horrifying to think that Martha Robinson endured this pain and suffering at the hands of her own, grown children. Unfortunately, facilities that are paid to care for your loved ones can be guilty of the exact same thing; egregious neglect that leads to devastating consequences.

Elder Abuse Lawyers in New Jersey and Philadelphia

If your loved one is currently under the care of an individual or they are a resident of a nursing home or care facility and you are worried that the care they are receiving is negligent, abusive, or inadequate you should speak with our professionals. 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: Cremation before Autopsy?

Holly McGowan, of Tavares, Florida, has filed a medical malpractice lawsuit following a strange series of events involving her late mother. Joan Elizabeth Ashcraft, McGowan’s mother, passed away after she underwent treatment at a hospital. The woman’s family requested that the coroner perform an autopsy on her body before it was cremated. Medical malpractice attorneys believe that the autopsy was to be conducted in order to determine whether negligence or over-medication were contributing factors to her death.

Funeral Home does not wait for Autopsy

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The listed defendants in the case include the funeral home, the Horry County Coroner Robert Edge, and the Deputy Coroner Christopher Burroughs. The lawyers discussed some of the merits of the case by stating that both Myrtle Beach Funeral Home and the Coroner’s Office, by and through its employee, Deputy Coroner Burroughs, had clear knowledge that they were not to go forward with any cremation procedures until after they heard from Ms. Ashcraft’s family regarding arrangements for an autopsy. This is an unfortunate situation because the family’s motivation was to ensure that the woman was not the victim of medical malpractice. The family is seeking a judgment from a jury that would include actual and punitive damages. Medical malpractice attorneys argue that this family certainly had the right to find out how and why Ashcraft passed away. Without a reliable autopsy, if there was medical malpractice involved, they would not be able to pursue a lawsuit against the hospital and treating health care providers.

Medical Malpractice Attorneys in New Jersey and Philadelphia

Elder Abuse Lawyers: Advocate Group Distributes Hearing Devices

Elder and nursing home abuse prevention and awareness are vital in stopping the elderly and disabled from being taken advantage of or neglected. As elder abuse lawyers, we try to increase knowledge and provide prevention tips and warning signs to help keep your loved ones from falling victim to abuse. It is always rewarding to read about an individual or organization that is actively helping the fight against elder abuse.

Anonymous Donation Buys 200 Hearing Devices for Elder Abuse Advocate Group

new jersey philadlephia elder abuse lawyers advocate group hearing devices The Schuylkill Elder Abuse Prevention Alliance will be distributing personal amplification devices in order to help law enforcement and emergency personnel communicate more efficiently with hearing-impaired individuals. Thanks to an anonymous donation, the alliance will be purchasing 200 SuperEar 4000 amplification devices, which cost about $40 each. The devices are portable, battery operated, and consist of a headset, which the elderly person wears, and a small microphone that is held. They will be distributed free to all county police departments, state police barracks, hospital emergency rooms, Advanced Life Support services, the Schuylkill County Office of Senior Services Protective Services Unit, the Long-Term Care Ombudsman Program, district attorney’s office, victim advocate and victim witness coordinator.

According to Carolyn Tenaglia, a member of the alliance, these devices are going to be a big help for officials to communicate with the hearing impaired in crisis situations. Gaining detailed and accurate information from victims of elder abuse is very important and when the victim is hearing impaired, this can be a challenge. Hopefully these devices will help the process. Tenaglia further explains,

“They are easily kept in a police car, easy to use, don’t take up a lot of space, and you simply replace the small battery when you need too. We try to educate the community about elder abuse, try to help law enforcement so they can more successfully prosecute people who are committing the crime of elder abuse.”

Elder Abuse Lawyers in New Jersey and Philadelphia

If your loved one is currently a resident of a nursing home or care facility, we encourage you to visit frequently and be very observant of any scratches, bruises, or anything that does not look right. If you are worried that the care they are receiving is negligent, abusive, or inadequate and would like to speak to an elder abuse lawyer, 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.

Elder Abuse Lawyers: Man Arrested for Burning Father with Cigarette

As you get older and need to depend more on your loved ones for help, there are a lot of things that you need to watch out for to protect yourself from elder abuse. As elder abuse lawyers, we are trying to provide as much knowledge about this growing problem as we can. No one wants to believe that their adult children would take advantage of or hurt them in any way, but it occurs more often than most people think. Elderly adults with children that live far away are at a higher risk to be abused. When one child is handling the day to day care and the other lives far away, they can be in the dark about how their parent is being treated.

Delusional Man Abuses Father for Calling Him an Obscene Name

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Tracy Gerard Chapman, 46 years old, was arrested on Friday, September 30, 2011 for a charge of elder abuse. He is being accused of abusing his 82 year old father, Jack Chapman, who is partially disabled because of a stroke. According to a report from the Volusia County Sheriff’s Office, Tracy Chapman burned his father on the back of the neck with a lit cigarette because his father was yelling at him to stop insulting his brother Stephen who lives in Kansas and called him an obscene name. The heated altercation occurred on September 26, 2011, but when the brother found out about the abuse on Friday, he called local authorities to check on his father. Jack Chapman told the police that his son has also hit him in the past and recently hit him on the leg a few weeks ago. When examined, no other injuries were found on the elderly man’s body other than the burn.

While being investigated by authorities, along with explaining why he burned his father, Tracy Chapman insisted that he was the son of Elvis. He told the deputy that this “has always caused him trouble in the past.” The deputy said that Chapman “was somewhat delusional [but] otherwise appeared to be in control of his faculties and able to provide oral statements of what had occurred.” Tracy Chapman has been charged with knowingly and willfully abusing an elderly person by intentionally inflicting physical injury.

Elder Abuse Lawyers in New Jersey and Philadelphia

If your loved one is currently under the care of an individual or they are a resident of a nursing home or care facility and you are worried that the care they are receiving is negligent, abusive, or inadequate you should speak with a professional. Contact the Mininno Law Office for a free case evaluation. You may also call for a free consultation with one of our elder abuse lawyers at (856) 833-0600 in New Jersey, or (215) 567-2380 in Philadelphia.

Medical Malpractice Attorneys Sue Deceased Plastic Surgeon

Judith Julian, an Arizona woman, is the most recent plaintiff to come forward and accuse a deceased surgeon of medical negligence. Medical malpractice attorneys believe that there are now approximately twenty such claims that have been filed this year. Daniel Ronel, the plastic surgeon whose estate is named in the lawsuit, recently passed away in a one-car accident in New Mexico. Julian’s claim accused the doctor of medical malpractice following her surgical debridement and abdominoplasty procedure, more commonly known as a “tummy tuck“. Julian claims that she suffered “bodily injury, physical and emotional, past and future pain and suffering, permanent disfigurement, past and future medical and related expenses and partial loss of enjoyment of life.” Julian also named the Physicians Plaza Surgery Center of Santa Fe, claiming that they failed to realize that Dr. Ronel was unable and ill-equipped to perform surgery.

Doctor’s License was in Danger

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Prior to Ronel’s death, he was scheduled to go before the New Mexico Medical Board because of ten charges of medical negligence that were brought forth by former patients. That hearing could have led to a suspension for the doctor or even a potential revocation of his license to practice medicine in the state. Now, medical malpractice attorneys will argue their cases in front of juries in the state of New Mexico who will then determine if the doctor was negligent and owes compensation from his estate.

Ronel’s wife was quoted as saying, ”I knew this would happen, because a dead doctor is a very easy target.” Mrs. Ronel has publicly stated that she believes fault lies with her husband’s patients and not with him –

“Some of these cases are from life seven years ago. They’re complaining they didn’t like their scar. Meanwhile, they did not follow doctor’s orders. They smoked. They continued to be morbidly obese in some cases. That’s not a judgment. Its just not healthy in healing from surgery.”

Although Elizabeth Ronel has strong opinions, medical malpractice attorneys believe that these plaintiffs may have viable cases if it can be shown that the doctor was indeed negligent while practicing medicine.

Medical Malpractice Attorneys in New Jersey and Philadelphia

If you or a family member have recently been the victim of medical negligence, you should discuss your legal rights with 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