New Jersey attorney Archives - Page 14 of 24 - New Jersey Medical Malpractice Lawyers

Nursing Home Abuse Leads to Death of Autistic Patient

Working in a nursing home or long-term care facility is an incredibly demanding and often thankless job. Long hours, low pay, and sometimes poor working conditions can cause staff members to become careless. However, Nursing home abuse should never be tolerated no matter what the situation. When dealing with disabled patients, who can be more unpredictable and erratic, treatment will require even more patience and care. These types of patients can be aggressive, but restraint should be a last resort and only used if there is an immediate danger to the patient or another individual.

Excessive Force During Restraint Leads to Death

new jersey philadelphia nursing home abuse lawyers restraints dangers Jawara Henry, a 27 year old autistic patient at the South Beach Psychiatric Center, a state run facility in New York, died after a supervisor tried to restrain him. Henry was “agitated and aggressive and was biting staff and other patients,” when Erik Stanley, 37, a supervisor for disabled adults at the Staten Island mental health facility held him in a wrongful restraint. Stanley allegedly applied excessive pressure to the neck and torso of Henry. According to a source, he placed the patient in a “chokehold,” forced him onto his stomach, and got on top of the patient while he was face down on the floor. Stanley did “not follow protocol nor use proper techniques while to trying to restrain” and used “excessive force.” The medical examiner determined that the cause of death was asphyxiation by neck and chest compression. Stanley was charged with criminally negligent homicide and endangering the welfare of an incompetent or physically disabled person. He pleaded not guilty and was released without bail.

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.

Birth Defects Attorneys Discuss Cleft Palate Development

new jersey philadelphia birth defects injuries attorneys cleft palate development Birth defects attorneys are often asked by their clients, “what caused my child’s cleft palate?” Unfortunately, there is little known about the actual cause of cleft lips and palates, but some information is known about certain contributing factors. A cleft (lip, palate, or both), which occurs in about 1 out of 700 babies born,is present where the palate does not fuse completely, meaning full development did not occur. Professionals know that there are a wide range of factors that can hinder development, like environmental factors, alcohol use, drug use, and genetics. Additionally, certain prescription medicines have been linked to an increase in the development of cleft lip/palates. So while there is no known exact cause for a cleft lip or palate, there certainly are contributing factors.

One Contributing Factor: Topamax (Topiramate)

One factor that contributes to the development of cleft lips and palates discussed above is prescription medicine. The drug Topamax, commonly used to treat migraine headaches and seizures, has been linked to increased incidents of cleft lips and palates. The FDA has recently announced its findings regarding the drug, and has downgraded it to Pregnancy Category D (meaning the drug has known pregnancy complications). There are legitimate uses for Topamax, but if it was taken prior to or during pregnancy it may be responsible for your child’s cleft lip or palate.

Birth Defects Attorneys of New Jersey and Philadelphia

If you or a loved one has taken Topamax during or prior to pregnancy and has given birth to a child with a cleft lip or palate you have legal options. Our experienced professionals are willing and able to secure your fair compensation for your child’s birth defect, which will surely make recovery easier. It is important to act quickly as there may be time restrictions on filing a claim. 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.

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

A 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 PA Make 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.

Birth Defects Attorneys Talk About The Cost of a Topamax Lawsuit

Whenever you hear someone talk about “their lawyer,” it is natural to wonder what the services of an attorney would cost. In many cases, lawyers’ fees are expensive, and in some instances, cost-prohibitive. When you are dealing with your child’s cleft lip or cleft palate birth defect, additional concerns, like the cost of a lawsuit, really have no place in your life. You are stressed enough as is, and providing care for your child is your number one priority. With this in mind, the caring and experienced birth defects attorneys of the Mininno Law Office want to draw your attention to the true costs of trying your Topamax lawsuit.

Topamax Lawsuits and the Cost

The FDA has recently upgraded their warning to pregnant women about Topamax (Topiramate) to a Pregnancy Category D drug, meaning that there are recorded instances of negative pregnancy effects from the drug. In this case, Topamax has been linked to an increase in the development of cleft lips and palates. Because Topamax can reasonably be assumed to be a contributing cause to these birth defects, the Mininno Law Office is willing to get you the compensation you deserve.

Birth Defects Attorneys Discuss Cost of Topamax Lawsuits — The Mininno Team

What is the cost? There is no upfront cost because the birth defects attorneys of the Mininno Law Office work on what is called a “contingency basis.” This essentially means that the Mininno Law Office pays all the expenses for trying the case upfront, and you do not pay a cent. In exchange, when you recover a judgment or settlement, the birth defects attorneys of the Mininno Law Office receive a percentage of the judgment. Essentially, the Mininno Law Office is paid only when you are, and you owe no money at all if no money is recovered. There really is nothing to lose by speaking with the birth defects attorneys of the Mininno Law Office to discuss your options.

Birth Defects Attorneys of New Jersey and Philadelphia

The caring birth defects attorneys of the Mininno Law Office are prepared to get the compensation that you and your family deserve for your child’s birth defect. If you believe that Topamax was a cause of your child’s cleft lip or palate do not hesitate to contact the Mininno Law Office at (856) 833-0600 in New Jersey, or (215) 567-2380 in Philadelphia. As always, we do not get paid unless you do, and we offer free case evaluations and consultations.

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 Care The 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

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 4 Stage 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.

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 genetiano An 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 III Stage 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.

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 caps Those 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.