Medical Malpractice Attorneys: Settlement in Birth Malpractice Suit

This case of medical negligence stems from the birth of Luis Flores at San Joaquin General Hospital in Stockton, California. The young boy’s mother, Alicia Arriaga, filed a lawsuit on behalf of her son. Medical malpractice attorneys say that the suit sought damages for negligence which caused permanent and severe injuries to the infant. The compensation will be needed to support the infant throughout his life, with large medical expenses likely to be on the horizon in the future.

Elected Officials Agree to Settle Suit for $1.5 million

new jersey philadelphia medical malpractice attorneys settlement birth negligence suitThe county insurance fund will cover one million dollars of the total expected settlement amount. The remaining amount will be subject to reimbursement from the California State Association of Counties. The county clearly determined that a drawn out litigation process would be a sub-optimal resolution to this tragic case of medical malpractice. The county’s legal department stated “it had been determined that timely economic resolution together with release of any and all potential claims is in the best interests of the county.” Lawyers say that this means that the boy’s family will collect this sum of money but has also agreed to end the conflict here, without pursuing any other claims of liability against the county in the future. Although this money should be helpful in assuring the healthcare and safety of the boy in the future, it is unclear how much medical attention he will need for the duration of his life. Medical malpractice attorneys believe that determining damage amounts for infants is among the hardest figures to calculate because of the countless variables and the length of the baby’s expected life.

Medical Malpractice Attorneys in New Jersey and Philadelphia

If you or a family member has 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: The Tort Reform Battle

The spirited debate over medical malpractice litigation has been a hot button issue in the United States. Some believe that medical malpractice lawsuits are adversarial, unpredictable, inefficient, and costly. The other side of the coin is that these lawsuits are necessary to compensate patients who have been the victims of negligence. Medical malpractice attorneys believe that although there are negatives to these types of lawsuits, they are a necessary part of our jurisprudence and essential for patients in search of justice.

Limiting Damages, Statute of Limitations, and Litigation is Bad for Patients

new jersey philadephia medical malpractice attorneys negligence tort reform battleAny medical professional who has spent a significant amount of time in the field knows that medical malpractice does sometimes happen. Although not all medical negligence is serious and life-altering, some rare instances of malpractice are extremely severe and tragic. Lawyers urge that it is these victims who should be allowed to exhaust the judicial system in search of justice. Opponents will certainly argue that doctors will undoubtedly go out of business or flock to states with a more favorable system of tort damages. The victims in cases of medical malpractice are the patients, not the doctors. It is important that although this has become a popular issue recently, that we do not forget the tradition of this country. Many medical malpractice attorneys believe that a jury of the victim’s peers should be able to hear the case and determine a reasonable damage award after being presented with all of the evidence. Aren’t jurors, who hear each case individually, in a better place to determine a fair outcome, as opposed to representatives sitting in a state capital, who throw a limit on damages no matter how serious or traumatic? It seems that a jury is in a better position to determine the severity of a particular case. We should trust juries to come to a fair and equitable outcome, our forefathers certainly did.

Medical Malpractice Attorneys in New Jersey and Philadelphia

If you or a family member has 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 Leads to Fractured Arm

Nursing home abuse is a growing problem. The nursing homes and long-term care facilities need to be more careful in choosing the caregivers that they hire, as it requires a special kind of person to care for the elderly. They need to be skilled and trained in the field, but they also need to have an incredible amount of patience for this kind of work. Many cases of abuse and neglect occur because caregivers lose their temper and take out their anger on the vulnerable elderly patient. No matter how frustrated or angry the caregiver gets with the patient, touching or hitting them in a forceful manor is never acceptable and should not be tolerated by the administrators of the facility.

Certified Nursing Assistant Breaks Patient’s Arm

nursing home abuse in NJ and PAA certified nursing assistant at the Fieldston Lodge Care Center in the Bronx, New York was attempting to treat an elderly female resident on January 2, 2011 with incontinence care when the resident resisted. The certified nursing assistant then grabbed the woman’s arm and twisted, causing the bone to fracture. The nursing home did not document the incident in the daily report and did not perform an x-ray on the victim until the next morning.

Man-handling a patient is unquestionably abuse. The facility also did not appropriately handle the incident. The first step should have been the care of the resident, followed by an accurate documentation of the incident.

Nursing Home Abuse Lawyers in New Jersey and Philadelphia

If your loved one is currently under the care of an individual or nursing home/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. You may also call for a free consultation at (856) 833-0600 in New Jersey, or (215) 567-2380 in Philadelphia.

Nursing Home Abuse: Avoiding a Bad Facility

The decision to place a loved one into a nursing home or long-term care facility can be an incredibly difficult one. The fear that loved ones will not get the care they need, or the fear that they will fall victim to nursing home abuse or neglect will be undoubtedly be present. Therefore, it is very important that you feel comfortable with the facility that you choose. Doing your research before you place your loved one into a facility is a vital part of the decision process. We write about all of the horror stories that occur in nursing homes, but there are good facilities out there, you just have to find them.

Steps to Choosing the Right Nursing Home for Your Loved One

nursing home abuse NJ PAMake a List: The first thing that you need to do when choosing a nursing home is to make a list of local facilities. It is important that you look in an area that is close to family and friends. Your loved one may feel isolated and the presence of family and friends in the area can serve to keep their spirits up. There are several agencies and websites that can give you a list of nursing homes in the area to start from. Eldercare Locator is a good site that will connect you to agencies in your area.

Research: Once you have a list of homes in your desired area, you should then start doing some research on each home to eliminate the ones that have bad track records. The Centers for Medicare and Medicaid Services rank all of the nursing homes in the nation on a scale of one to five stars. By visiting the Medicare website, you can see which facilities have good and bad rankings based on health inspections, staffing, incidents and other factors. The Ombudsman office, a government office that investigates nursing home complaints, is a good resource to find out more about the homes you are considering. Doing a general Google search on these facilities can also be helpful to see if any of them have been in the news for nursing home abuse or neglect.

Call the Facilities: Once you have eliminated some facilities based on your research, you should call the homes left on your list. You should be asking questions to find out if they have availability at this time, what they charge, what their specialties are, and if they accept Medicaid. You should also explain any special needs your loved one has, to make sure the facility has the capabilities to handle any special cases.

Visit the Facilities: You should schedule a visit with your top choices to take a tour of the facility. While you are there, make sure to be very observant; notice the cleanliness, the smell, the equipment, the food, and the staff. Look to see if the residents seem happy. Is the staff attentive to the patients or do they seem overworked? If possible, talk to the residents and their families to ask if they are happy with the facility. You should also talk to the administrator or other staff member of authority to ask questions about staff screening, background checks, training procedures and staff turnover rates.

It may seem like a lot to remember, but make yourself a checklist of things that you want to learn about each nursing home before you go on your visit. Nursing home abuse and neglect are preventable. Doing your research and avoiding facilities that show red flags will increase your loved one’s safety.

Nursing Home 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. You may also call for a free consultation at (856) 833-0600 in New Jersey, or (215) 567-2380 in Philadelphia.

Nursing Home Abuse: Facility Kicking Out Abused Resident

About a month ago, we wrote about the nursing home abuse that occurred at the Prentiss Center for Skilled Nursing Care, a MetroHealth nursing home in Cleveland. Steve Piskor captured the abuse of his 78-year-old mother, Esther, on a hidden camera. In the videos, nurse’s aides Virgen Caraballo and Giselle Nelson are seen striking the patient’s face, violently throwing her into her bed and wheelchair, pushing her face into the wall, and repeatedly spraying her face with an unknown liquid that was later identified as perfume. Both women were fired and legal action was taken.

Facility Says Keeping Abused Resident is “Financial Burden”

According to a recent investigation, five nurses’ aides have physically abused or intimidated Esther Piskor. The state has cited the home for not taking action that “ensured the protection of residents” from abuse and for not properly training nurse’s aides. MetroHealth has fired several nurses’ aides, hired an outside agency to give Piskor security 24-hours a day and conducted mandatory training on sensitivity and patient care for all employees. According to Steve Piskor these actions “are far too late. I say it’s not a training problem. It’s an administration problem. It’s something that should have been watched more closely.

new jersey philadelphia nursing home abuse lawyers metrohealth Prentiss Center for Skilled CareThe facility now wants to transfer her to another nursing home. MetroHealth spokeswoman Susan Christopher said it was “in order to ensure her safety and welfare.” But Steve Piskor is afraid that the move is because he refused to remove the hidden camera from his mother’s room and that moving his mother would not be good for her. “My mother is the victim,” Steve Piskor said. “She’s not the problem. Metro wants to make it out like she’s the problem.” MetroHealth is saying that the camera is a violation of their policies and that caring for Piskor is becoming “too much of a financial burden.

More people are coming forward about the abuse of Piskor. Jacklyn Lauren was visiting her father at the facility when she witnessed the nursing home abuse of Piskor. She saw a nurse’s aide pushing food into Piskor’s mouth and when the aide came up to Lauren she said she wished Piskor “would die.” Lauren said “She was trying to talk to me like we were friends and she said … ‘God, I hate that woman. I wish that woman would die.‘ She used profanity with the situation.” Lauren reported what she saw to the head nurse but was ignored.

Nursing Home 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, 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: Doctor Found Liable for Surgical Error

The Ohio Supreme Court recently ruled that a doctor was not immune from being sued simply because a medical student was observing on the day of the alleged malpractice. The lower court ruled against Dr. Marek Skoskiewicz, who argued that he was acting as an “arm of the state” because a medical student from a public school, University of Toledo College of Medicine, was present in the room. Medical malpractice attorneys say that Skoskiewicz is a private doctor who was performing surgery in a private hospital, Henry County Hospital, on a private patient, Larry Engel, Jr.

Supreme Court Says Doctor can not Hide Simply Because he was a Volunteer

new jersey philadelphia medical malpractice attorneys Ohio Supreme Court Marek SkoskiewiczJustice Paul Pfeifer wrote in his opinion, “Dr. Skoskiewicz and many other volunteer clinical faculty in Ohio provide an important service. But that service, however commendable, does not transform the volunteers behind it into an arm of the state.” Lawyers believe that this ruling ensures that the medical school is not legally liable for the doctor’s medical negligence. There was no contract of employment between the doctor and the school and medical malpractice attorneys say that this program simply allowed students to rotate through one-month clerk-ships. It is very important that young men and women entering the medical field get an opportunity to train with and study under doctors who have been in the operating room for a number of years. However, the doctor was still in control of the procedure and he was still the one who in the end was responsible for the medical malpractice injury to Mr. Engel. Doctors who commit malpractice should not be able to hide behind a medical school merely because students are sitting in on an operation.

Medical Malpractice Attorneys in New Jersey and Philadelphia

If you or a family member has 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 Discuss Bed Sores – Stage IV

This is the fourth and final post in a series detailing the differences in the stages of bed sores. Our professionals represents clients all over the New Jersey and Philadelphia region with bed sore related injuries and is writing this series to inform the patients and their families about the different stages of bed sores, and their legal rights. This post is about Stage IV bed sores, the most serious and deadly stage.

Are Stage IV bed sores preventable?

new jersey philadelphia nursing home abuse bedsore attorneys bed sore stage 4Stage IV bed sores are horrifying wounds that cause incredible damage to the health of a person. If you or your loved one has a Stage IV bed sore that is currently not being treated,  it needs to be treated immediately for the health and safety of the patient. Unfortunately, Stage IV bed sores start off as Stage I bed sores, as discussed in previous blog posts, which are entirely preventable by attentive medical professionals.

When patients have a Stage I bed sore, there are many things that can be done to prevent the further degradation of the patient’s skin and muscle structure, including frequent repositioning to alleviate pressure on the skin. However, in some cases, a facility is under staffed, or has uncaring employees, that will allow a patient to lay in the same position for days, sometimes in their own bodily fluids. Patients that rely on the care of medical professionals, and cannot reposition themselves, are most likely to fall victims.

What are Stage IV bed sores?

Bed sores that have progressed to a Stage IV level are very serious and have a damaging impact on a patient’s health. The symptoms include: extensive destruction and tissue death to muscle, bone, and supporting structures (tendons, joints, and capsules). The wound will look like large, deep, and open, revealing bone and connective tissues. This is the last and most serious stage of bed sores. Even posting a picture of a Stage IV bed sore would be too graphic for this blog.

Bed Sores Lawyers of New Jersey and Philadelphia

A stage IV bed sore is a tell tale sign of nursing home abuse. A wound should never, under any circumstance, progress to this level. If you or your love one suffered a stage IV bed sore while in a nursing home or assisted living facility, please contact the Mininno Law Office for a free case evaluation and consultation at (856) 833-0600 in New Jersey, or (215) 567-2380 in Philadelphia. You have suffered enough, it is time you received the compensation you deserve.

Medical Malpractice Attorneys: Negligence Leaves Woman A Quadriplegic

On April 11, Wyoming Newman filed a lawsuit against Dr. Erwin Lo, Golden Triangle Neurocare, and Baptist Hospitals of Southeast Texas in Jefferson County District Court, Texas. Earlier this month, the woman submitted an expert report, as required by law, which she believes will help substantiate her claim of medical negligence. Medical malpractice attorneys say that the complaint alleges that the woman was left a quadriplegic after a spinal surgery performed by Dr. Lo.

Medical Negligence, Not Car Accident, May Have Led to Severe Disability

new jersey philadelphia medical malpractice attorneys wyoming newman negligence caseFollowing a car accident, Wyoming Newman went to visit Dr. Chavis, a neurosurgeon. The woman had an initial MRI and attorneys say that she was then sent to Dr. Erwin Lo, who performed spinal surgery on Newman in early 2009. According to the plaintiff’s complaint, the doctor failed to interpret the MRI results properly and instead of following Chavis’ recommendations, he performed a corpectomy. That procedure involves the removal of a portion of the vertebral body. When Newman woke up, she had no feeling in her legs and her arms felt extremely weak. A woman who sought medical attention for a car accident years earlier was left a quadriplegic about two years later. Newman is a tragic victim whose life will be forever changed due to medical negligence. Professionals say that these sorts of devastating cases occur far too often in operating rooms around the country. Although liability will be decided in a courtroom by a jury of these parties’ peers, Newman will not be able to walk out of that courtroom.

Medical Malpractice Attorneys in New Jersey and Philadelphia

If you or a family member have recently been the victim of medical negligence, you should speak with one of 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 in Hawaii Facilities Go Unpunished

Hawaii has the lowest number of nursing home abuse sanctions in the country, but this is not necessarily because they have the best care. There is a troubling pattern in Hawaii; regulators rarely punish facilities for deficient care, even if the deficiencies bring direct harm to residents. In 2010, the Centers for Medicare and Medicaid Services only imposed one sanction against a Hawaii facility. In the past six years, CMS only took actions against 4 percent of Hawaii facilities that were cited deficiencies, while the national average is 30 percent.

According to Bob Ogawa of the Hawaii Long Term Care Association, “Unless an incident is the result of a systemic, willful and ongoing disregard of those goals, the focus should be on working together to ensure it never happens again.” He also said that fines are not guaranteed to improve care, but they would take money away from improving care. Many other advocates for the elderly disagree with Ogawa; they believe that this creates a system where institutions know that they will be getting a second chance before any punishment is implemented.

Sexual Abuse from Nurse’s Aide Does Not Result in Sanction

new jersey philaldephia nursing home abuse lawyers kahala nui hawaii mark genetianoAn example of abuse that was not sanctioned by the state occurred in one of Hawaii’s premiere facilities, Kahala Nui. The home failed to protect their residents from a sexually abusive nurse’s aide and failed to properly investigate the allegations of abuse. they also failed to examine or interview any of the nine women who said the employee mistreated them between April 2008 and June 2009.

Mark Genetiano, the certified nurse aide accused of the abuse, was not reprimanded, even after co-workers witnessed mistreatment over several months in 2008, such as pinching the breasts of severely demented women under his care. It was not until he was seen striking a resident with a hairbrush in June 2009 that he was suspended. An investigation was also started by the facility that brought the previously unreported sexual assaults to administrators’ attention. Genetiano was then fired and the police were contacted. He pleaded guilty last year to six counts of third-degree sexual assault for abusing four women, completed a one-year prison sentence and was deported to the Philippines. The other workers who witnessed the abuse told inspectors that they were too scared of Genetiano to report him.

The state of Hawaii did cite the nursing home for failing to “ensure that all alleged violations of mistreatment, neglect or abuse were thoroughly investigated and reported immediately to the facility administrator and to other officials in accordance with state law” and that the facility failed to protect the residents from further abuse but no sanctions were issued. According to Pat Duarte, chief executive of Kahala Nui, “The incidents of 2009 were dealt with by administrators swiftly, the perpetrator was terminated and action was taken to ensure justice was served … we have now put that unfortunate chapter behind us.

Nursing Home 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. You may also call for a free consultation at (856) 833-0600 in New Jersey, or (215) 567-2380 in Philadelphia.

Bed Sores – Stage III

Our professionals handles bed sore cases of varying degrees throughout the New Jersey and Philadelphia region. In the previous two blog posts within this series, we have discussed stage I and stage II bed sores. Unfortunately, most cases that we are involved in typically involve Stage III and Stage IV bed sores, the most serious and dangerous types. Again, it is unfortunate to see our clients and families ailing from such an easily preventable, yet painful, and deadly condition.

What is a Stage III Bed Sore?

new jersey philadelphia nursing home abuse lawyers bedsores bed sores stage IIIStage III bed sores are incredibly serious and need immediate attention, as healing bed sores that progress past Stage II is extremely difficult. A stage III bed sore will display skin loss involving damage or death to the subcutaneous tissue that may extend to the connective tissue. The wound will look like a deep crater which is black around its edges. Subcutaneous fat may be visible, but bone, tendon, or muscle is not. There may be tunneling and undermining in the skin.

If you have seen a Stage III bed sore, it is very sad and disturbing. It is disturbing for a number of reasons. First, the wound itself is almost unimaginable, especially considering the time it takes for a pressure sore to progress to this level. They are disturbing because often, they are accompanied with a foul odor. These sores are 100% preventable and their occurrence should never be of issue. Negligence is the only factor to be considered when dealing with the cause of a bed sore.

Bed Sores Lawyers of New Jersey and Philadelphia

At this point, if your loved one has a Stage III bed sore, recovery is certainly going to be more difficult. The wound has progressed into a stage where healing is less likely. Also, it is almost certain that neglect or abuse has played a part in the development of the wound. No one should have to endure this type of pain. Contact the Mininno Law office at (856) 833-0600 in New Jersey, or (215) 567-2380 in Philadelphia for a free case evaluation and consultation today. You deserve to be compensated and the parties responsible for your injury should be held responsible.