Governor Bev Perdue of North Carolina took a major step in sticking up for seriously injured victims of medical negligence within the state. Governor Perdue vetoed North Carolina Senate Bill 33 which would have capped non-economic damages at $500,000 regardless of the severity of the patient’s injuries. Medical malpractice attorneys believe that this is a great win for patients of medical negligence because they will be awarded a damages amount that they truly deserve, not a figure that was arbitrarily decided by a group of politicians.
Malpractice Reform Won’t Work if it Does Not Protect the Catastrophically Injured
The damages for pain and suffering, and other non-economic measures, would have had a ceiling of half a million dollars. Some people may argue that this is quite a significant figure, and ask who wouldn’t be happy with $500,000? Medical malpractice attorneys argue that the problem with these sorts of limitations is that they include the pain and suffering that accompanies death, paralysis, brain damage and severe disfigurement. Individuals who suffer from some of these ailments for their entire lives would strenuously argue that a jury who hears a case should decide the correct amount to be awarded, not a group of politicians in the state capital. Perdue agrees, the governor recently stated “I commend the legislature for addressing this important issue, but, in its current form, the bill is unbalanced. I urge legislators to modify the bill to protect those who are catastrophically injured when the general assembly returns.” Medical malpractice attorneys believe this is a strong stance for the governor to take to ensure that those who are truly injured by medical malpractice will not be short changed.
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 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.
Even though he is claiming that she died of natural causes, the investigators are saying that she died of starvation while covered in bed sores. The autopsy showed she died of severe pneumonia, malnutrition and possibly dehydration. They are also saying that the house was messy and the only food was two cans in the cabinet. According to her driver’s license, Ms. Rogers weighed 140 pounds, but at the time of her death, she weighed only 70 pounds. The coroner said the bed sores were severe and all over her body and that the sores on her feet meant that she was too weak to move her legs. More than a third of the home’s combined monthly income of $3,500< came from Connie’s social security. According to bank records, that money was usually withdrawn as cash days after it was deposited.
Mr. Rogers may have had good intentions for his mother’s care, but this is no excuse for the severe elder abuse that occurred. Even if she refused to eat or was difficult to care for, he should have known the point where he needed the professional help. There is no record of Ms. Rogers applying for or receiving any Medicare benefits. This means that he did not take advantage of a service that could have improved her condition drastically and allowed her to live much longer.
Lawyers say that Ms. Burke underwent an abdominal hysterectomy on March 22, 2005. The medical negligence occurred when a pre-operative nurse left a cleaning sponge inside the woman’s vagina which was not noticed during the procedure. They say that Burke had raised her concerns to her physician over the next two months and she went in for medical assistance no less than six times. In the months following the procedure, the woman was in significant pain and she experienced a discolored vaginal discharge. Medical malpractice attorneys also say that her vagina had an offensive odor which Ms. Burke describes as “so embarrassing“. Finally, on May 23, 2005, her doctor elected to perform a vaginal exam where he discovered the sponge. Proffesionals note that a second surgery was necessary to fix the problem and following the surgery, Burke remained weak and in pain.
Mercedes Iverson, 86, died on Thursday, July 14 at the NorthShore University HealthSystem Evanston Hospital after an “assault” by another nursing home resident. Iverson had been a resident of the Maryhaven Nursing and Rehabilitation Center in Glenview, Illinois for fiver years after her daughter, Laurie Iverson, saw that she began showing signs of “advanced Alzheimer’s.” Preliminary reports said Iverson had fallen, but the autopsy revealed that “assault injuries” led to her death. The medical examiner’s office said that her death was caused by craniocerebral injuries from an assault and from heart disease, and ruled the death a homicide. No other details about the incident have been released from the facility or the authorities.
Dr. Anthony Pickett, who was dismissed as a defendant, performed the circumcision on January 3, 2003 at Maternity Center of Vermont. The doctor was using a Militex Mogen clamp which removed eighty five percent of the top of the boy’s penis. The young boy’s medical malpractice attorneys said, “because of the defective design of the circumcision clamp, there was no protection for the head of the penis and Dr. Pickett was unable to visualize the head when excising the foreskin.” The lawyers working the case earned the plaintiffs $3.07 million in the settlement after fees and costs were deducted. Although the boy needs to regularly visit a physician and may need additional surgery in the future, they believe this is a great victory for the boy and a way to secure his financial future. Although medical malpractice statutes appeared as though they may limit the available recovery in this case, the lawyers were able to earn a just result for the young boy.
According to the fire department, facility workers wheeled the woman outside daily so she could smoke by the entrance of the building. The residents were allowed to smoke in that area of the nursing home. But it was not required by the home that the residents be supervised while they were smoking. According to Jim Suydam, spokesman for the Texas Veterans Land Board, an entity that runs the El Paso facility, since the woman did not suffer from Alzheimer’s disease, she did not need to be under constant supervision.
In August of 2002, Bruscato smashed his mother, Lillian Lynn, in the head with a battery charger and then stabbed her 72 times which resulted in her death. He was charged with murder but due to his psychological state, he was found to be incompetent to stand trial and he was committed to a mental institution. His father, Vito, then sued the doctor for medical malpractice because he believes that his son never should have been taken off of the medication. A judge at the trial court level ruled in favor of the psychiatrist but a divided state Court of Appeals elected to overturn that decision and allowed the case to proceed to trial.
Soland was given a criminal neglect charge to for each victimized patient, along with a possession charge for the drug. Soland pleaded guilty in May to one felony theft and criminal neglect charge, and the rest of the charges from the incident were dropped. She was sentenced to 120 days in jail and was credited for 67 days served. She must also complete five years of probation.
A 57-year-old woman was found unresponsive this week outside of the Riverview Nursing Home in Bossier City, Louisiana where she lived. The autopsy has not yet been performed, but Bossier Coroner Dr. John Chandler said there were indications that the death was heat-related. It was 100 degrees with a heat index of 106 degrees in Bossier City on the day the woman was found. She had been missing for several hours before a staff member of the nursing home found her a little after 6 p.m. She was taken to Willis Knighton Pierremont hospital in Shreveport where she was pronounced dead.
Nancy Kammerer, 56, of Urbandale, Iowa, alleged that her physicians mistakenly cut part of her pancreas while undertaking the transplant procedure in 2008. Her lawyers said that her pancreas needed to be removed after this mistake, leading Kammerer into a future of medical uncertainty. Kammerer was a special projects manager at Wells Fargo prior to her surgery, a position that she soon had to give up after the alleged medical negligence. Her medical malpractice attorneys said that Kammerer became an insulin dependent diabetic, which added further pain and medical troubles into her life. In her complaint, attorneys alleged that the error was due in part to an inaccurate medical record that was in her file. It is certainly an unfortunate situation, but they say that it is not uncommon. It is important for patients who have been victimized by medical negligence to seek legal advice in order to receive compensation for their potentially sky rocketing bills. Victims often have increased hospital bills, future medical expenses, and extreme pain and suffering, which occurs far too often.