Tag: negligence

Medical Malpractice Lawyers Inform of the Dangers of Damage Caps

There has been a push in some legal and political circles to cap damages for medical malpractice cases. Usually when this is discussed, some anecdotal story is brought up about some minor injury and a multi-million dollar award. However, these misleading anecdotes do not tell the whole story. The judgments that medical malpractice lawyers get work to serve the community in several ways that, when caps are utilized, are greatly diminished in value. Attorneys help victims regain some semblance of their life, and usually a modest sum to compensate the victims. Damage caps are destructive to our legal system.

What Damage Caps Do

new jersey philadelphia medical malpractice attorneys dangers damage capsThose anecdotes you hear are often about some “frivolous” injury and a multi-million dollar award. Usually, these anecdotes are urban legends and are far from the truth. Juries are assigned with the task of fixing damages based on a number of factors, including the projected cost of continued medical care. When caps are utilized, medical malpractice lawyers can still win a judgment, but it is more likely that the judgment is not going to be enough to cover the victim’s medical costs. When the victim cannot pay their medical bills, the government will have to step in and help, help that is subsidized by taxpayers. Why should victims of medical malpractice and citizens have to bear the burden of “fixing the system” in favor of insurance companies and doctors?

Furthermore, what damage caps do is artificially allow bad doctors to stay in business and hurt other people. If damage caps are not utilized, attorneys will win judgments that compensate their clients, which are typically paid out by the doctor’s insurance company. When you lose a medical malpractice case, your medical malpractice insurance premium will increase and some of the worst doctors will be forced out of practice. However, with the caps in place, the consequences for practicing bad medicine are greatly lowered, and many of these dangerous doctors are still practicing.

Medical Malpractice Lawyers in New Jersey and Philadelphia

If you or a family member have recently undergone a surgery, and have been the victim of medical malpractice or negligence, you should contact the Mininno Law Office. You and your family deserve compensation for your injuries. Please call our experienced professionals at (856) 833-0600 in New Jersey or (215) 567-2380 in Philadelphia for a free case evaluation and consultation.

Nursing Home Abuse Causes RN to Surrender License

It is alarming how many cases of nursing home abuse go unreported and how many nurses, direct care workers, caretakers, and nursing home employees get away with this abuse without punishment. Physically, verbally, financially, or sexually abusing an elderly or disabled person is unacceptable and should never be tolerated by other staff members or the administrators of nursing homes. The elderly are normally at their most vulnerable when they are living in a nursing home or long-term care facility. They depend on the staff of these facilities to care for them and have their best interest in mind. This is what makes nursing home abuse even more disgraceful; they are abusing their position as caretakers to take advantage of the elderly.

RN Caught Physically and Verbally Abusing Patients

new jersey philadelphia nursing home abuse lawyersMyrna Siegel, a former registered nurse at the Sullivan County Adult Care Facility in Liberty, New York, is being charged with abusing patients. She has surrendered her license to practice as an RN after an investigation by the State Office of Medicaid Inspector General uncovered the abuse. She is being charged with physically and verbally abusing patients. According to a report from the Long Term Care Community Coalition, “In one instance she forcibly held down a resident while giving care, calling the resident an ‘evil witch’.” In another case of abuse, she told a resident who was not ready to receive his medication that “he had a death wish and was going to die if he didn’t take his medicine.”

As nursing home abuse and neglect lawyers, it is good to see that Myrna Siegel did not get away with abusing her patients and that her license was revoked so she cannot continue to hurt other elderly residents. Too many cases of elder abuse go unreported, but we can be proud when the system does work and the abusive caretakers are removed from nursing homes and facilities.

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.

Elder Abuse Through Abduction and Theft of Life Savings

elder abuse in NJ and PAIn a disturbing case of elder abuse, an 85-year-old California woman was found abandoned in a cabin in Edgecomb, Maine after being abducted and dragged across the country. Barbara Davis and Nicholas Davis, 41, and their 20-year-old godson, Jonathan Stevens have been charged with the felony of endangering the welfare of an elderly dependent adult. The group allegedly used the woman for her money and then left her when the money ran out. She was found undernourished, disoriented, very thin, and robbed of her entire life savings.

Elderly Woman Dragged Across Country and Abandoned in Cabin

The woman sold her Los Angeles home in 2008 for $600,000 and moved into an apartment where she met the suspects. In 2009 they told her that they wanted to take her on a road trip and one day carried her into a car. They held her captive for more than two years using her for her money. According to Det. Robert McFetridge, who is investigating the case:

“They knowingly left her in a small cabin with no telephone and very little food… They left her to her own devices to take care of herself in 93-degree heat…Every time I talk to her, she slowly comes out of her shell. They exploited her, isolated her from the world, they controlled what she saw, what she heard and who she talked to. This is a textbook case of elder abuse and financial exploitation”

The suspects took advantage of a lonely elderly woman with no family for their own personal gain and left her with nothing. This is an extreme example of how little some people think of the elderly. Once they were done exploiting her for her money, they literally abandoned her to die. The elderly are easy targets for financial elder abuse because they have had their whole lives to save and are often lonely and can be easy to gain their trust. The three suspects were released on bail and are scheduled to appear in court on September 29 to face charges.

Elder Abuse Lawyers in New Jersey and Philadelphia

If your loved one is currently being taken advantage of financially or physically, or they are a resident of a nursing home 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 II

The Mininno Law Office serves patients and families affected by bed sores in the New Jersey and Philadelphia region. Typically, these bed sores and pressure ulcers are caused by nursing home neglect and abuse. This is the second post in a series of four that will describe the stages of bed sores. It is important to know the bed sore stages as laid out by the Pressure Ulcer Advisory Panel. This post covers the second evolution of bed sores, Stage II.

What Happens if Stage I Bed Sores Are Not Treated Promptly?

Typically, once a Stage I bed sore develops, medical professionals are attentive and realize the danger that the patient is in. The medical professionals then take the appropriate steps to care for the bed sores and avoid any serious complications. However, when the medical professionals neglect their duties, a Stage I bed sore will progress into a Stage II bed sore, which is even more painful and potentially fatal.

As Stage II bed sores develop, so too do a host of other symptoms. There is a skin loss involving the epidermis, dermis, or both layers of skin. The bed sore will look superficial, much like an abrasion, blister, or small crater. It will look like a shallow open ulcer with a pink-red wound bed, without slough. It could also look like a serum-filled, open, or ruptured blister. Once bed sores progress past this stage, they are much harder to treat.

Prevention is Key

As discussed in the previous blog, prevention is the key to stopping bed sores. Essentially, the medical staff needs to be attentive to the needs of their patients, especially those who are unable to care for themselves and shift positions. Bed Sores are entirely preventable; it just takes staff attention. Unfortunately, in many nursing homes and assisted living facilities, it is difficult to come across because of budget cuts and under-staffing.

This should serve as a warning for family members of patients in these facilities. We are not suggesting that all facilities, or even most, are dangerous, but it is extremely important to monitor your loved one’s condition in these facilities to prevent things like bed sores.  The medical staff should be checking on your family member and so should you.

Bed Sores Lawyers in New Jersey and Philadelphia

If you or a loved one has suffered from bed sores in a nursing home or assisted living facility you should contact the Mininno Law Office for a free consultation and case evaluation at (856) 833-0600 in New Jersey, or (215) 567-2380 in Philadelphia. We are experienced at holding those who caused your or your loved one’s injury responsible for their actions. Let the Mininno Law Office serve you by getting you the fair and just compensation which you truly deserve.

Bed Sores – Stage 1

Bed sores and pressure ulcers, 99% of the time, are indicative of nursing home abuse. Usually, bed sores are classified as a Stage I, Stage II, Stage III, or Stage IV, but many of our clients do not know what the difference is between these. This blog post, and the following three in this series, are aimed at informing nursing home abuse victims, and their families, about their injuries and what they can do about it.

Bed Sore Stage Classifications – Stage I

Stage I bed sores represent the first stage of bed sores, and should serve as a warning sign to medical professionals and family members. Patients with Stage I bed sores typically exhibit the following symptoms:

  • a warming or cooling in skin temperature,
  • changes in tissue consistency (firm or boggy feeling),
  • pain,
  • itching, and
  • persistent red, blue, or purple hues.

Typically, bed sores lawyers are not involved with Stage I bed sores because they can be treated by medical professionals, thereby eliminating a serious health risk to the patient. But, as experienced bed sores lawyers, we can tell you, from first hand experience, that monitoring your loved one’s health is very important. Bed sores progress very rapidly, and when they are discovered, they need to be treated immediately.

Preventing Bed Sores

Bed sores typically are caused by pressure on the skin at bony areas of the body. Continuous pressure and friction are dangerous to people with the following risk factors:

  • over 65,
  • incontinence,
  • malnutrition,
  • dehydration,
  • lack of movement,
  • numbness,
  • smoking, and
  • previous pressure ulcers.

For bed ridden patients, skin should be kept clean, dry, and moisturized. Furthermore, their position should be changed regularly, and special equipment and pads should be used to protect skin over bony areas. The best medicine for bed sores is prevention, and the number one tool for prevention is attentiveness. It is important to be attentive to a patient’s needs. If a patient is ignored or neglected, deadly bed sores can quickly develop.

Bed Sores Lawyers in New Jersey

Later posts will demonstrate how a Stage I pressure ulcer can quickly develop into a more serious problem. If you or your family member has developed bed sores while in a nursing home or assisted living facility, contact the Mininno Law Office for a free consultation and case evaluation at (856) 833-0600 in New Jersey, or (215) 567-2380 in Philadelphia. You deserve compensation and the Mininno Law Office can get it for you.

Medical Malpractice Attorneys: Sponge Left in Patient After Procedure

Erin Webster, a Pennsylvania woman, was recently awarded $525,000 in a medical negligence lawsuit after a surgical sponge was left in her abdomen following a cesarean section. Medical malpractice attorneys say that the lawsuit was brought against Lower Bucks Hospital, Dr. Richard Turner, and two nurses, Megan Blatcher and Laura Tedesco. The jury found the hospital and the two nurses liable, while they determined no liability should be placed on Turner.

Rare but Serious Mistake Leads to Countless Problems

medical malpractice attorneys in nj and paAfter the laparotomy sponge was left in Webster, she suffered from a severe infection, bowel perforation and obstruction, digestive problems, and intense abdominal pains. These extreme pains and symptoms led to the discovery of the sponge a long two months later. Webster finally was forced to undergo another surgery to remove 16 inches of her bowel, but her medical problems were still not completely solved. These issues could have likely been avoided if these two nurses did not fail to properly count the medical equipment before and after surgery.

Although leaving a laparotomy sponge inside of a woman is a rare case, it is very serious and potentially deadly. In 2003, the New England Journal of Medicine reported that there were approximately 1,500 cases per year of sponges or other surgical tools being left behind inside a patient after an operation. There are a number of precautionary measures that can be taken to avoid the tragedy and pain that Webster experienced.Medical malpractice attorneys believe that sponge counting, tracking bar codes, and radio-graphic screening are just some of the options that can greatly decrease the potential of surgical instruments being left inside patients.

Most states have elected to extend the statute of limitations in these sorts of cases to allow victims to bring medical malpractice complaints longer down the road because detection can be somewhat difficult. Medical malpractice attorneys believe this extension shows that states recognize the extreme danger that patients may be in while undergoing a procedure and they want to preserve their ability to bring a lawsuit in a court of law.

Medical Malpractice Attorneys in New Jersey and Philadelphia

If you or a loved one have recently been victimized by medical negligence, it is possible that you would like to speak 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.

Nursing Home Neglect Warning: Certain Anti-depressants Increase Risk of Falls

As nursing home neglect and abuse lawyers, we believe it is important to keep readers informed of any new revelations when it comes to care for the elderly. That is why this blog post centers around the results of a recent study, which show that nursing home residents’ fall risk increases when certain anti-depressants are prescribed. The elderly are in a vulnerable physical state and are often prescribed a high number of medications, all with different side effects. It is very important that the nursing homes monitor the medications that are being given to their residents, to make sure that they are safe combinations and that the drugs are appropriate for each patient. Many drugs may have the intended result for the patient, but the side effects may be too dangerous for that particular person.

Change in Dose of Non-SSRI Antidepressant Can Increase Risk of Falls in Elderly

nursing home neglect in NJ and PAAccording to a study that was published online in the Journal of Gerontology: Medical Sciences by Dr. Sarah D. Berry, a scientist at the Institute for Aging Research of Hebrew SeniorLife in Boston, the elderly are at a greater risk of falling the days after they start taking non-SSRI (selective serotonin reuptake inhibitor) antidepressants, such as bupropion or venlafaxine. The researchers studied information on 1,181 nursing home residents who fell and compared the changes in their antidepressants shortly before the fall. They discovered that a patient’s risk of falling is five times higher two days after changing prescriptions or changing to a higher dose and that the risk falls each day after the medication change. According to Dr. Berry:

“Our results identify the days following a new prescription or increased dose of a non-SSRI antidepressant as a window of time associated with a particularly high risk of falling among nursing home residents…. These drugs are effective at treating the symptoms of depression, and many clinicians are reluctant to withhold their use based solely on a risk for falls…. Nursing home staff should keep a watchful eye on residents in the days following a non-SSRI antidepressant change to prevent falls and clinicians should avoid making changes on weekends or during times when unfamiliar staff is present.”

The study links the increased risk of falls to these possible causes:

  • Serious cognitive or motor effects associated with non-SSRI antidepressants that have not yet been fully examined.
  • Postural hypotension, a dramatic decrease in blood pressure upon standing, associated with certain non-SSRIs, such as trazodone.
  • Sedation and coordination problems linked to certain non-SSRIs.

Over one third of the large elderly population in this country currently living in nursing homes are taking some form of antidepressant. These medications can be very helpful to the residents’ quality of life and this study is showing a side effect of the medications. If the patient is already prone to falls or is in a very fragile condition where a fall could be fatal, the nursing home may want to consider an alternative medication option. But most importantly, these patients need to be monitored more closely for two days after changing prescriptions. They need to be given extra care to prevent falls.

Nursing Home Neglect 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 they are not receiving their medication, or 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 Neglect Leads to Civil Complaint for Fraud

The U.S. Attorney’s Office filed a civil complaint this month alleging that Villaspring Health Care and Rehabilitation in Erlanger, Kentucky provided “worthless services” that resulted in the death of numerous residents. The complaint claims that Medicare and Medicaid were billed for services by the home that were so “inadequate that they were essentially worthless.” This is the first case of its kind in Kentucky, where the state is accusing a nursing home facility of defrauding Medicare and Medicaid for submitting bills for poor care. The nursing home neglect became so bad at the facility that the government took legal action.

new jersey philadelphia nursing home neglect lawyers Villaspring Health Care Rehabilitation complaintsAccording to the complaint, from 2004 to 2008, many of the facility’s residents suffered injuries, and five patients died during that time. The poor care in question involved failure to follow physicians orders, failure to treat wounds and bed sores, failure to update resident care plans, and failure to monitor the blood sugar levels of diabetic residents.

The home is also being accused of violating the federal False Claims Act, committing common law fraud, and unjust enrichment. If the home, their parent company Carespring Health Care Management, and its owner are found liable for the fraud, the defendants would be have to pay between $5,500 to $11,000 per false claim and would have to repay Medicare and Medicaid three times the amount of the government’s loss.

Parent Company Releases Statement Defending Facility

Carespring Health Care Management released a statement about the charges and alleged nursing home neglect, saying:

“This stems from an allegation that is 6 years old. The Kentucky Attorney General has already investigated this thoroughly and closed the case without bringing any charges. The Centers for Medicare and Medicaid Services, and the Kentucky Office of the Inspector General, have also looked into these allegations and were satisfied with and accepted Villaspring’s response. We do not feel that the government’s case has any merit and we will defend ourselves vigorously. The Federal Government is alleging we didn’t provide services that we did in fact provide. Villaspring has consistently provided high quality care to the Resident’s of Kenton County and looks forward to doing so in the future.”

Nursing Home Neglect 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.

Medical Malpractice Attorneys and Judge Fight Caps on Damages

Circuit Judge, Ronald Wilson, joined the West Virginia Supreme Court on a temporary basis to hear a challenge to the state’s law which capped non economic medical malpractice damages. Medical malpractice attorneys say that Wilson, although his position was not a majority among the court, acted as a strong advocate for victims of medical negligence who may seek damages. Some argue that non-economic damages, such as pain and suffering, are frivolous and should not exceed a certain amount for victims and their families. Wilson combated this argument by saying, “spend a day in their shoes if you think mental pain and loss of enjoyment are frivolous damages.”

Why Should Healthcare Providers Who Negligently Hurt Someone be Protected

new jersey philadelphia medical malpractice attorneys ronald wilson West Virginia Supreme CourtWilson strongly argued that these medical malpractice caps are blatantly favoring a special class of society over the general public. This special class includes medical professionals, corporations, insurance companies, and special interests groups. Malpractice victims may suffer many non-economic damages that will no longer be fully compensated for in states such as West Virginia. Someone who is permanently disfigured, maimed, or handicapped will certainty be owed compensation that exceeds mere medical expenses and future costs. An avid golfer or swimmer who can no longer enjoy these activities, a young child who will never walk or talk, or a woman who can never bear a child are only some of the instances where non-economic damages that exceed a cap may be necessary. Medical malpractice attorneys also have fears that were pointed out by Judge Wilson. He stated,

“an unknown number of medical negligence victims can no longer use the court system because of the cap and the fact that lawyers are no longer willing to risk huge litigation expenses for a low net return for their clients and themselves.“

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.

Elder Abuse Leads to Three Year Conviction for Caretaker

Financial elder abuse is unfortunately becoming more prevalent as the economy worsens. People in low paying caretaker jobs are becoming more desperate and see stealing from the elderly patient that they care for as an easy way out of their financial problems. Stealing from a vulnerable elderly or disabled adult is a horrible crime and should not be tolerated.

Caretaker Forges Checks Totaling $300,000

elder abuse in NJ and PAMarisa Robles, 31, faced 92 counts related to theft, fraud and elder abuse and pleaded guilty to 32 counts of fraud and elder abuse this month. Robles used her access to the 81-year-old man’s financial documents to write checks to herself and sign his name. According to Deputy District Attorney Barrie Pink, “She started small to see if she could get away with it,” first forging checks for $500 but then quickly began writing them for larger amounts up to $10,000. Robles stole up to $300,000 from the elderly man.

Robles was not just stealing from the man’s personal accounts. The victim has a foundation that gives money to help less fortunate girls in third would countries to better themselves through education. “She stole from him, and she stole from what his foundation does,” said Pink.

After her arrest, Robles kept saying, “Can’t I just pay it back.” But by the time of the arrest, Robles did not have any of the $300,000 left. At an August 17th hearing, Robles will be asked to repay all the money she took.

Elder Abuse Lawyers in New Jersey and Philadelphia

If your loved one is being taken advantage of financially, or you believe the care they are receiving is abusive or negligent, you should 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, and (215) 567-2380 in Philadelphia.