negligence Archives - Page 10 of 34 - New Jersey Medical Malpractice Lawyers

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

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.

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

new jersey philadelphia medical malpractice attorneys Myrtle Beach Funeral Home
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

Elder Abuse Lawyers: 91 Year Old Dies Due to Daughter’s Neglect

Sadly, it is far too common that adult children neglect their aging parents. As elder abuse lawyers, we know too well that caring for someone in their old age is a daunting task and takes a lot of effort and dedication. Adult children want to think that they are the best person to care for their parents, but sometimes they get frustrated or overwhelmed and begin to neglect or abuse their loved one.

Daughter Goes on Two Week Vacation and Leaves Elderly Mother Alone

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In 2008, Susan Piro left her 91 year old mother, Barbara Mary Piro, home alone for two weeks while she went on vacation. Susan, a nurse and Barbara’s sole caretaker, was fully aware that her mother was not able to take care of herself, admitting that she would not be able to wash or change her clothes while she was gone. Susan left casseroles, fruit, biscuits, and canned food on her mother’s bedside table for her to consume. She left a toilet in the room and fit her for incontinence pads but acknowledged that her mother would not have been able to empty the waste from the toilet herself.

The elderly woman’s great nephew, Andrew Ghouse, came to the house to check on Barbara but did not enter the home. He asked her if she needed anything but she insisted that she was fine and responded “If I need your help, I’ll ask for it.” When he returned a few days later the woman had died. The coroner found that Piro had an untreated broken ankle, where the bone was exposed, that prevented her already limited mobility. This led to abscess formation, pressure sores and fatal thrombosis.

It is appalling that Susan felt that the accommodations that she made for her mother were acceptable. If she was going to leave her mother for that period of time, she should have found another caretaker to watch her the entire time. She clearly knew that her mother was not capable of caring for herself for a few days, let a lone a few weeks. This is unacceptable, no matter how much her mother fought her to be left alone. No one should have to suffer in that way. Barbara died alone, unable to move, in her own filth, surrounded by rotting food.

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 an elder abuse lawyer. 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.

Elder Abuse Lawyers: California Developing Website to Report Abuse

Every state operates differently. Elder abuse lawyers and state officials advocating for the elderly are always looking at the procedures of other states to find out what is working in the fight against abuse and neglect.

New legislation is waiting the approval of the governor in California to develop a secure website for police, doctors, and other authorities to report suspected elder abuse and neglect. The current system in California, and in a good portion of the country, involves a phone call to the state’s elder abuse hotline to report all forms of suspected abuse. The biggest flaw with the hotline, however, seems to be that, because it is used by both lay citizens and legally obligated authorities to report abuse or neglect, callers deal with long wait-times which in turn causes frustration and hang-ups.

The proposal in California suggests a reporting website for police and other civic authorities which would eliminate a large portion of the callers and lessen wait times, allowing the public to speak to a representative faster. The goal, of course, would be to create an easier reporting process for individuals with information, reducing the number of hang-ups and encouraging more people to come forward. According to a 2010 study of county calls, one in four callers hang up rather than wait while they are placed on hold. Developing a website and separating callers would also speed up the reporting process for doctors and police who do not have time to sit and wait through hour-long wait times to report suspected abuse.

“This effective reporting system will ensure that our seniors’ voices are heard and abuses are not overlooked,” said Sen. Juan Vargas, a San Diego Democrat who carried the bill.

Reporting Elder Abuse in New Jersey

As elder abuse lawyers, we know how frustrating the long wait times can be for the elder abuse hotlines. Phone representatives for these hotlines work very hard to keep up with an influx of calls while getting all necessary details, but this often results in a lot of waiting. Approving proposed legislation to ease the process almost seems like a no-brainer. Elder abuse lawyers at the Mininno Law Office hope to see that this legislation is passed and similar systems start to pop up nation wide.

The New Jersey Ombudsman’s Office works to investigate allegations of elderly abuse and neglect. You can report any suspicions anonymously by calling their 24 hour toll-free hotline toll at 1-877-582-6995, or emailing at ombudsman@advocate.state.nj.us. We feel that anonymity is very important for those who could lose their job or feel uncomfortable revealing potential elder abuse. The problem with the current New Jersey system is that the only way to anonymously report abuse is to call and wait to speak to a representative. A website similar to the one being proposed in California for the general public would allow someone to report abuse over the internet without having to use their email address. An anonymous secure website would be an efficient and quick way to report elder abuse to state authorities.

Elder Abuse Lawyers in New Jersey and Philadelphia

If your loved one is currently a resident of a nursing home or care facility 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 with an elder abuse lawyer. You may also call for a free consultation at (856) 833-0600 in New Jersey, or (215) 567-2380 in Philadelphia.

Medical Malpractice Attorneys Win Large Verdict in Birth Defects Case

Ana Mejia and Rodolfo Santana were excited about the birth of their son Brian. That excitement was offset considerably when it was discovered that the baby had major malformations and birth defects. Medical malpractice attorneys took the case on behalf of the parents and argued that Dr. Marie Morel, OB/GYN Specialists of Palm Beaches and Perinatal Specialists of the Palm Beaches, had failed to properly diagnose their son and notice the potential defects. A Florida jury agreed with the plaintiffs and awarded them $4.5 million in the medical malpractice lawsuit.

Doctors Fail to Properly Examine Pregnant Woman

Brian Santana was born with no arms and one leg. The parent’s lawsuit claims that Morel and the ultra sound technician should have detected the missing limbs. The medical malpractice attorneys also found that both the doctor and the technician signed a report stating that they had seen all four limbs during the ultrasound. This news led the parents to believe that their child was healthy and would not be suffering from any major birth defects. The plaintiffs argued that because of this negligence, they were not properly informed about their son’s health and had they been, they would have terminated the pregnancy. This failure to properly diagnose the young boy and properly inform the parents of his health is a clear violation of the acceptable standard of medical care. It is the hope of the medical malpractice attorneys that this money will be an appropriate amount to care for the child, who will need considerable medical attention for his entire life.

Medical Malpractice Attorneys in New Jersey and Philadelphia

If you or a family member have recently been the victimized by medical malpractice or negligence, you should contact a medical malpractice attorney to discuss your legal rights. 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.

Birth Defects Attorneys Reveal List of Anti-Convulsants Causing Birth Defects

It is no secret that pregnant women have difficulty with medications, as many medicines and drugs can have extremely adverse effects on a fetus. Birth defects attorneys remind pregnant women to always check with their OB/GYN before taking any medications.

Because medicines can have such devastating effects on a pregnancy, a pregnant woman’s medicinal treatment is usually quite limited. For pregnant women suffering from epilepsy, that treatment is about to become even more limited.

Topamax, the FDA, and AdverseEvents, Inc.

birth defects attorneys in nj and pa Months ago, the Mininno Law Office blog posted about the anti-epileptic drug Topamax, which was shown to cause oral malformations, such as cleft lip or cleft palate, in newborns whose mothers took the drug during pregnancy. The FDA recently changed the drug’s classification from Class C, which is a drug that displayed adverse fetal effects during animal testing, to Class D, which is a classification for drugs that display “positive evidence of human fetal risk.” Now, a litany of other anti-epileptic drugs have been added to a list of drugs that are dangerous to fetuses.

Unfortunately, thanks to the competitive nature of Big Pharma, attorneys, consumer protection and/or patient advocacy groups, and private companies are the people releasing information about the dangers these drugs pose when taken during gestation; dangers as told by the FDA’s Adverse Events Reporting System.

AdverseEvents Inc. is a private company that analyzes the FDA’s adverse drug event database for use in the healthcare industry. AdverseEvents Inc. discovered that the following drugs had as many as 25 reports of birth defect related complications.

Carbatrol/Tegretol – head and facial deformities, spina bifida, and heart defects
Depacon/Kene/Kote – neural tube defects, craniofacial defects, cardiovascular malformations
Dilantin – oral/heart malformations, growth/mental retardation, Fetal Hydantoin Syndrome
Keppra – skeletal problems, slowed growth (before and after birth)
Klonopin – Oral malformations (cleft lip/palate), limb defects, infant withdrawal
Lamictal – cleft lip, cleft palate
Neurontin – spina bifida
Trileptal – craniofacial defects, miscarriage
Zonegran – spina bifida, cerebral palsy, cleft lip/palate

None of the above drugs have had classifications changes from the FDA, but for a few, it is only a matter of time.

Birth Defects Attorneys in New Jersey and Philadelphia

If you are a pregnant and currently taking any of the aforementioned anti-epileptic drugs, speak with your doctor as soon as possible about other, safer options. If you are a parent who has recently given birth to a child who suffers from a birth defect that you believe can be attributed to one of the above prescription drugs, contact the Mininno Law Office to speak with birth defects attorneys and discuss your legal rights. You may also call for a free case evaluation and consultation at 856-833-0600 in New Jersey, or 215-567-2380 in Philadelphia.