nj Archives - Page 23 of 51 - New Jersey Medical Malpractice Lawyers

Medical Malpractice Attorneys: How The Litigation Process Works

Following an injury due to medical negligence, patients and families frequently seek legal representation in order to set forth a claim in court. Plaintiffs can be a wide range of individuals including the patient, a party acting on behalf of the patient, or even the executor of a deceased patient’s estate. Once medical malpractice attorneys begin representation, the lawsuit is filed within the appropriate jurisdiction and the legal process is underway. Although it may seem like a long and confusing endeavor, the startling frequency of incidents of medical negligence make filing a lawsuit one of the only ways to seek justice and compensation today.

Elements of a Medical Malpractice Case

new jersey philadelphia medical malpractice attorneys explain how litigation process works Since the plaintiff is the party bringing the lawsuit, the patient, and his or her medical malpractice attorneys, bear the burden of proving all of the necessary elements of the case by a preponderance of evidence (also known as the “more likely than not” standard). There are four key elements involved in a medical malpractice lawsuit.

First, it is necessary to prove that a legal duty was owed by the healthcare provider to the patient.
Secondly, it must be proven that the healthcare provider breached the duty of care that they were supposed to fulfill.
Thirdly, the patient must show that because of the breach, they sustained an injury.
Finally, even if a patient is able to show that their healthcare provider acted negligently, this is not enough. We need to show damages to ensure that there is a basis for the claim.

Settlement or Trial?

A large majority of cases are settled without ever reaching the inside of a courtroom. If both sides are able to reach a fair and reasonable agreement, lawyers will try to settle the claim. Without an agreement, the case will proceed to trial. At trial, both parties will present evidence and expert witnesses to testify as to the standard of care that is required and whether or not the healthcare provider lived up to that standard. The finder of fact, whether it is a jury or just the judge, will then weigh all of the evidence and determine which side is more credible. Attorneys will attempt to prove their case in order to provide their client the proper compensation for the injuries that they have sustained.

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 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 Leads to Two Lawsuits for West Virginia Facility

Accidents do happen, especially when it comes to the elderly and disabled. Unfortunately, more often than not, accidents in nursing homes and long term care facilities are a result of nursing home abuse from the staff or administrators. These accidents and cases of abuse and neglect are also usually not isolated incidents. If one resident is being abused, then there are probably others. Teays Valley Center, a Putnam County, West Virginia nursing home, was named as a defendant in two wrongful-death lawsuits filed in Putnam County Circuit Court on June 23, 2011.

Teays Valley Center Named Defendant in Two Wrongful Death Suits

new jersey philadelphia nursing home abuse lawyers lawsuit virginia In one of the suits, Bonita Tomblin is alleging that her late mother, Anoway Rose Smith, died as a result of the nursing home’s “systemic abuse and neglect.” Smith was a patient at the nursing home four separate times between August 25, 2009 and February 2010, and she died on February 23, 2010. According to the lawsuit, Tomblin says her mother suffered “skin breakdown, weight loss and falls” as a result of the neglect from the home. The lawsuit asks for damages for pain and suffering, mental anguish, inconvenience, physical impairment, loss of capacity for the enjoyment of life, aggravation of existing diseases and physical defects, medical expenses and for her death. It also requests punitive damages.

In the other lawsuit filed against the Teays Valley Center, Shirley A. Osburn alleges the nursing home’s abuse and negligence caused the death of her husband, John A. Osburn. Mr. Osburn was a resident at the home for only a week in July 2009. According to the lawsuit, during his time at the home, he “suffered serious injuries from a pattern of poor care, negligence and abuse” including “an injury of an unknown origin, that resulted in a fractured right hip, falls, dehydration, urinary tract infection and sepsis.” Mrs. Osburn is seeking damages for her late husband’s pain and suffering, anguish and for her husband’s death.

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.

Defective Products: Plaintiffs Win Class Action Drywall Lawsuit

A tentative settlement was reached earlier this month in a defective products lawsuit involving Florida homeowners and the supplier of Chinese drywall. The settlement amount is a reported $54.5 million dollars, which is to be used to repair Florida homes. It is estimated that between two and three thousand homes have been infiltrated by this defective drywall. The defective products lawsuit was brought after it was discovered that the drywall contained dangerous toxins that were corroding pipes and electrical wiring and giving off foul odors which led to headaches and breathing problems.

Over a Million Sheets of Drywall Sold in Florida

new jersey philadelphia defective products attorneys banner supply Class Action Drywall Lawsuit A Miami company, Banner Supply, sold 1.4 million sheets of the defective drywall to various builders throughout the state of Florida. Homeowners will now be compensated due to the corrosive material that was used in their homes. This problem, with Chinese drywall, began to grow in the time after Hurricanes Katrina and Rita hit the southern coast. Chinese drywall was imported into the States in large numbers as the call to rebuild homes grew louder.

Following the discovery of the defective nature of the drywall, countless lawsuits were filed against various distributors, manufacturers, and installers, including Banner Supply. Banner Supply believes that they were lied to about the overall quality of the drywall when they purchased the defective products from Knauf Group, a German distributor. Although Banner and their insurers were forced to pay out for this large settlement, it is foreseeable that they will seek damages from the actual manufacturers and distributors that previously handled these defective products. It is not quite clear who is truly at fault for the defective drywall, it could be the Chinese manufacturer, the German distributor, or the American supplier. In any event, it is a great win for Florida plaintiffs who suffered from the defective drywall. This settlement should allow many homeowners to replace the Chinese drywall in an effort to make their homes a safer place.

Defective Products Lawyers in New Jersey and Philadelphia

If you have recently been injured due to a defective product, it is possible that you have some questions. 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 Win California Man Justice

Medical malpractice attorneys and their client, a California man, came out victorious following a jury trial over the negligence of a medical center and an anesthesiologist. The California jury awarded the plaintiff $2.25 million as compensation for the brain injury that he sustained. The lawyers’ complaint alleged that the anesthesiologist let the patient go too deep under the anesthesia.

Routine Eye Procedure Leads to Significant Brain Damage

new jersey philadelphia medical malpractice attorneys win california man justice The patient went to the Mazzocco Ambulatory Surgical Center to have the lens on one of his eyes replaced with an artificial counterpart. The operation was categorized as standard and was only scheduled to last about two hours. The anesthesiologist assigned to the man reportedly had a history of walking out of the operating room while patients were under the effects of the potent drug. In the case that lead to the lawsuit, the patient was led into a deeper level of sedation than necessary.

The plaintiff’s medical malpractice attorneys urged that the physician had either left the room or had left the patient unattended. The stopped breathing and, in the absence of a physician, did not receive immediate and necessary attention. Since oxygen was cut off to the brain, the man suffered an anoxic brain injury, which is commonly known as cerebral hypoxia. This type of injury is extremely serious and lawyers claim that it could be life threatening and cause permanent cognitive damage to patients, potentially leaving them disabled.

Prior to trial, the anesthesiologist settled with the plaintiff. At trial, the plaintiff was further awarded upwards of two million dollars for his traumatic situation.

Medical Malpractice Attorneys in New Jersey and Philadelphia

If you or a family member have recently been victimized medical negligence, you shouldn’t waste any time in contacting a medical malpractice attorney. 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: Kentucky Granted $3 Million Federal Grant

The state of Kentucky was given a federal grant of $3 million to help reduce nursing home abuse occurrences within the state. The money will be used to buy equipment needed to take digital fingerprints for criminal background checks on prospective employees. This will allow the state to better screen those applying for jobs that provide direct care to residents at the long-term care facilities. Governor Steve Beshear ordered last year that the state make changes to reduce nursing home abuse. Reports found that only seven of 107 serious citations issued at Kentucky nursing homes in a three-year period were prosecuted as crimes and most nursing home abuse cases go unreported. “This falls directly in line with our ongoing work to address elder abuse and improve patient care in long-term care facilities,” Gov. Beshear said in a statement announcing Kentucky had received the grant.

Kentucky Hoping to Create Stricter Background Check Laws for Nursing Home Employees

new jersey philadelphia nursing home abuse lawyers kentucky granted millions federal grant Right now, Kentucky state law only requires nursing homes and long-term care facilities to conduct name-based background checks for prospective direct care employees. With the grant and the new digital fingerprint scanning equipment, more in-depth criminal background checks will be available. Kentucky state law also does not order that the employees submit fingerprint checks, but the facilities will be expected to voluntarily participate in the grant program and officials are expecting high involvement. According to the Cabinet for Health and Family Services spokeswoman Jill Midkiff, the cabinet intends to pursue legislation that would require the fingerprint checks for caregivers employed in long-term care facilities.

This is a great step in protecting the residents of nursing homes and long-term care facilities from abuse and neglect. By doing more in-depth background checks on potential direct care workers, they will hopefully be able to lower the chances of violent or abusive people coming into contact with the elderly and disabled. Hopefully this will also lead to more background checks for other workers who come into contact with residents, such as custodians and food service workers.

Nursing Home Abuse and Neglect Attorneys in NJ and PA

If your loved one is currently a resident at a nursing home or long term care facility, pay close attention to the staff and the kind of care they receive. Your attentiveness is crucial to their continued safety at a nursing home. If you are worried that the care they are receiving is indeed negligent or abusive, 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 Lip Dental Options

Unfortunately, when a child is afflicted with a birth defect like a cleft palate or cleft lip, there are other physical manifestations of the birth defect that must be dealt with. One of the major physical issues confronting children with cleft lip/palates is that they may need serious dental attention. The cleft usually occurs between the cuspid (eye tooth) and the lateral incisor. Possible dental issues include: a missing lateral incisor, two lateral incisors on both sides of the cleft, poorly formed teeth (with misshapen crowns and/or roots), and displaced teeth. We want you to be informed about the potential issues related to your child’s unfortunate birth defect and be able to take the appropriate actions.

Your Child’s Dentistry Needs

new jersey philadelphia birth defects attorneys topamax cleft lip dental options Although this may seem overwhelming, children born with a cleft lip/palate can still have healthy teeth. Proper cleaning, good nutrition, and fluoride treatment is necessary. The teeth should be cleaned with a small, soft-bristled toothbrush, as soon as the teeth are visible. Early evaluation is critical, with many dentists recommending the first visit being scheduled at one year of age, or in some cases, even sooner. What dental work your child needs will be determined by the dentist, which can be as simple as preventative care, or can be extensive including dental surgery.

It may be necessary for orthodontic care to be sought, even before the child has any teeth. This is to assess facial growth and plan for the child’s short and long term dental needs. If the teeth do not fit together correctly, braces will most likely be necessary.

Birth Defects Attorneys of New Jersey and Philadelphia

Parents who have children with a cleft lip or palate are often confused about their legal rights and whether or not birth defects attorneys are necessary. In many cases, birth defects attorneys are not necessary, because the cause is usually natural. However, the FDA has recently announced that Topamax (Topiramate) has been linked to an increase in the development of cleft lips and palates. In this situation, it would be beneficial to contact the Mininno Law Office: Our experienced and caring birth defects attorneys off a free case evaluation and consultation. You may call 856-833-0600 in New Jersey, or 215-567-2380 in Philadelphia.

Medical Malpractice Attorneys Win $3 Million for Young Girl

The difference between a civil trial and a criminal trial is easy. In a civil trial, the jury must reach a majority opinion based on a “more likely than not” standard, as opposed to the criminal law requirement of a unanimous decision which is beyond a reasonable doubt. Thankfully for young Hannah Tilton, a ten year old girl who is severely disabled, the civil jury system worked out. In a six to three decision, a jury found that midwife, Irene Meyers, had breached the standard of care when she oversaw Hannah’s birth which led to dramatic injuries. Medical malpractice attorneys say that following a nine day trial, spanning three weeks, the jury got this case right after about six hours of deliberation.

Money Damages Help but They Certainly Aren’t Enough

Young Hannah Tilton was awarded $2.3 million for medical and health care expenses that she will incur in the future, $345,000 for medical expenses that she and her family have already paid, and $500,000 for the girl’s permanent impairment and loss of enjoyment. The young girl was born with severe mental retardation which has left her confined to a wheelchair. Furthermore, she must use a feeding tube for sustenance and maybe worst of all, she is blind and can’t speak or verbally communicate. Hannah was diagnosed with Kabuki Syndrome but her medical malpractice attorneys urged that she must have suffered a serious injury during birth due to a lack of oxygen. In a tight vote, the jury decided that Meyers failed to follow the standard of care when she was charged with overseeing the delivery and her negligence caused these significant injuries. Medical malpractice attorneys believe that this is a major victory for a plaintiff who has suffered an inordinate amount in her young 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 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 Rate in New Jersey is one of the Highest in the U.S.

elder abuse in NJ and PA With a growing elderly population, we are seeing an increase in elder abuse. In 2010, there was a total of over 1 million reported cases of some form elder or nursing home abuse or neglect. According to the National Crime Prevention Council (NCPC), every five seconds, an elder is abused. What is worse is the number of elder and nursing home abuse cases in this country tht go unreported. For every reported case, there are five unreported cases. The National Center on Elder Abuse estimates between 1 and 2 million people over 65 are being abused, exploited, neglected or mistreated by someone who is in charge of their care.

New Jersey has one of the highest percentages of elder abuse in relation to their senior population. With 1.6 million seniors, which makes up 17% of the total population for the state, and 176,000 reported abuse cases in 2010, New Jersey has an 11% abuse level which is one of the highest in the nation.

Warning Signs of Elder Abuse

Financial abuse: Change in accounts, altered wills and trusts, frequent or unusual bank withdrawals, and checks written to cash or as ‘loans’ or ‘gifts’.

Physical abuse: Unexplained bruises, slap marks, broken bones, bedsores, and burns or blisters.

Emotional Abuse: Unexplained and sudden changes in alertness or other unusual behavioral changes and frequent arguments between the elderly person and a caregiver.

Sexual abuse: Bruises around the breasts or genital area and unexplained sexually transmitted diseases.

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, 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 Insurance “Gate Keeping”

As experienced birth defects attorneys, the Mininno Law Office has significant experience dealing with insurance companies. To you, it seems simple: your child has a medical issue (like a cleft palate), you have valid insurance for which you’ve paid your premium, and your child should receive medical care. As you may have unfortunately found out by now, it is not always this simple. A seemingly unwritten tool in many insurance companies’ belt is “gate keeping.” Ultimately, even if your claim has merit, the insurance company denies and delays treatment in the hopes that you become frustrated and go away. This is done in many ways, including excessive forms to fill out, waiting for confirmations, and outright denials. If you have dealt with insurance companies before, this frustration is probably no surprise.

Protecting Yourself From Gate Keeping

We’ve all heard the cliche “Knowledge is Power.” This is an absolute truth when it comes to fighting to get what you need from insurance companies.

First, you should make an effort to stay abreast with the relevant laws. This may seem difficult, as they change often, but being able to quote a law can be very helpful when talking with an insurance officer. Sometimes, representation by birth defects attorneys can be useful, but more often, a little research goes a long way.

Second, you should know your policy inside and out. Many times, the insurance representative is making an educated (and usually good natured) guess as to what the company will allow. If you know your policy, you can tell them exactly what you have paid for and what they should provide. It is inevitable to get rejected in some cases, but never accept a “No” without appealing. Carefully word your responses to indicate the medical necessity of the procedure.

Birth Defects Attorneys in New Jersey and Philadelphia?

There are many factors that influence whether you need the services of birth defects attorneys. In many cases, the cause of the birth defect is natural, and there is little birth defects attorneys can do for you. In other cases, there are external factors involved in the development of your child’s birth defect and the experienced birth defects attorneys of the Mininno Law Office can be of assistance. For example, the FDA just announced that the drug Topamax (Topiramate) has been linked to an increase in the development of cleft lip/palates.

If you believe that Topamax may have contributed to your child’s development of a cleft lip or palate 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.

Elder Abuse – Woman Blames Sister for Mother’s Death

Our parents spend a good portion of their lives taking care of us, so when they reach the age where they can no longer take care of themselves, we want to return the favor. Unfortunately, despite our best intentions, sometimes we are unable to take on the enormous responsibility of caring for the elderly. With all of the horror stories of elder abuse and neglect, many people think they can do a better job caring for their loved one than strangers could, but sometimes it becomes too much and they need to realize that they need help before it is too late.

Unsanitary Living Conditions and Bedsores Lead to Woman’s Death

elder abuse in NJ and PA Carmella Saldana, of Oklahoma City, was arrested on June 6, 2011 on a felony abuse and neglect by a caretaker charge. Saldana’s mother, Deborah Gay Ramirez, suffered a stroke in 2006 that left the right side of her body paralyzed. In 2009 she suffered a mini-stroke that left her completely paralyzed and bedridden. According to Saldana’s sister Christa Ramirez, Saldana took a more active role in their mother’s care after her stroke. But after their mother died on August 7, 2010 at the age of 57, Christa is accusing her sister of elder abuse and wants her to pay for the way she treated their mother.

The house where Saldana lived with Deborah Ramirez was gravely unsanitary, having been infested with animal feces and roaches. Ramirez died of health complications and while no autopsy was performed, Christa believes that the bedsores that her mother developed while living with Saldana added to her failing health. A couple months before she died, a doctor found five bone-depth bedsores on her body. After finding the bedsores, a health care worker reported the elder abuse and living conditions in Saldana’s home to Adult Protective Services. According to court documents, hospice employees had set up appointments in the past to teach Saldana the proper way to care for her mother, but on one occasion Saldana refused to let them in the home. Investigators also found old, dried food in her feeding tube. On another occasion, an 18-year-old girl drinking wine coolers was found caring for Ramirez. According to Christa, Deborah developed an infection and was placed on a breathing machine while in the hospital, “She wasn’t clean and her wounds were infected,” Christa Ramirez said. “My mother was suffering.”

Many adult children have the best intentions when they decide to become the caregiver for their elderly loved ones, but some become overwhelmed and begin to abuse or neglect them. Caring for a disabled or elderly person all by yourself can be an incredible amount of work. This is something that you need to become aware of before making this commitment.