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Nursing Home Abuse Lawyers: Administrator Steals $300,000 from Home

As nursing home abuse lawyers, we see some of the worst kinds of abuse and neglect that the elderly unfortunately have to endure. We continue to fight against this horrible injustice but the problem is not going away. Most of the physical and emotional abuse is the result of frustrated direct care workers, but another growing problem is the financial abuse from administrators and other nursing home officials. They are taking advantage of their power and access to the facility’s finances in order to steal from the home. They are not only stealing from an organization, but from the elderly and disabled residents who need that money in order to keep up their standard of care.

Former Administrator Plead Guilty to Stealing from Facility and Residents

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The Golden Years Rest Home in Jenkins, KY is facing problems after their former administrator James F. Tackett, 69, entered a guilty plea in court for stealing thousands of dollars in funds from the home and from the residents. He admitted to stealing more than $300,000 from the home that was meant to be used for the care of the patients. He also admitted to stealing more than $60,000 from one resident. Tackett used the money to buy himself cars and other personal vehicles including a GMC Hummer, a Chevrolet Silverado, a Ford F-150, and a Suzuki XL-7. He is also in trouble for not reporting any of the funds on his state income tax returns for the past five years.

This started after a complaint was filed in 2009 by the local ombudsman office that multiple residents of the home were not receiving their $250 stimulus check from the American Economic Recovery Act, The Attorney General’s Department of Criminal Investigations started looking into the home. This is not the first strike for Tackett, he plead guilty in 2009 to physical abuse of a resident and in October to charges of theft of federal Social Security funds received on behalf of the personal care home residents. He faces up to 10 years in prison for the state charges.

Nursing Home Abuse Lawyers in New Jersey and Philadelphia

If your loved one is missing money or you have witnessed any questionable or abusive behavior in a nursing home facility directed towards them or even another resident 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 with one of our nursing home abuse lawyers at (856) 833-0600 in New Jersey, or (215) 567-2380 in Philadelphia.

Nursing Home Abuse Lawyers Disgusted by Maggot Infestations

A state advocacy group in Michigan is calling for increased oversight of state nursing homes, citing as their motive the growing instances of extreme nursing home abuse. One specific case mentioned a nursing home in Washtenaw County, Michigan where maggots infested one patient’s throat and another patient’s catheter. Clinical corporate staff members instructed the nurse who came upon the catheter infestation to document it as “debridement.” Debridement is a name for dead tissue, not maggots. The second maggot incident took place in an Oakland County care facility. Maggots obstructed the airway of a woman had been coughing. The maggots were discovered when the airway was being cleared.

Maggots Sign of Severe Neglect State Wide?

new jersey philadelphia nursing home abuse lawyers maggot infestations The group, a non-profit Michigan Protections and Advocacy Service, cited the maggot infestation cases as evidence of a severe problem concerning treatment in the state’s care facilities. Of course, a representative of the state agency that regulates nursing homes insisted to a Michigan radio DJ that these maggot infestations were isolated incidents and that they, in no way, reflect the treatment that the state’s care facilities provide. Mike Pemble of the Department of Licensing and Regulatory Affairs said, “I don’t think it’s fair to hold it up and say this is happening in all nursing homes.”

Rhonda Smith, communications specialist with the Michigan Protections and Advocacy Service, did not provided the name of the nursing home involved. A Michigan television station is reporting that the Whitehall Healthcare Center of Ann Arbor was the culprit.

The MPAS reported that the information regarding these horrid incidents of neglect was gathered from surveys performed by the Department of Licensing and Regulatory Affairs. They are also preparing a report they they claim will highlight “numerous examples of abuse and neglect of individuals with disabilities in nursing homes throughout the state.”

Nursing Home Abuse Lawyers in New Jersey and Philadelphia

If your loved one is a resident at a nursing home or long term care facility and you believe that the care they are receiving is negligent or inadequate, contact our professionals for a free case evaluation or consultation. Contact the Mininno Law Office by phone at (856) 833-0600 in New Jersey, or (215) 567-2380 in Philadelphia.

Medical Malpractice Lawyers Support FDA Surgical Fire-Safety Initiative

Medical malpractice attorneys represent patients each year that suffer the often lasting effects of surgical fires. Sometimes, they represent the family members of patients who did not live through the harrowing tragedy. It is important to discuss with your surgeon the risks and dangers associated with surgical room fires.

Operating Room Fires Rare but Relevant

nj and pa medical malpractice lawyers Dr. Nancy Perrier speaks of her first encounter with an operating room blaze;

“The flames were at least 6 to 8 feet high and the correct actions were unknown to everyone in the operating room. The patient survived the operation, but died about 30 days later from complications of a significant pulmonary injury.”

Doctors and the FDA alike know that these events are nearly 100% preventable. That is why they are pushing for increased oversight on the education of surgical fires for operating room personnel.

Just last month, the FDA hosted a special workshop to looks for ways to stop fires from happening, as well as to offer pertinent medical professionals the tools and knowledge to deal with those that occur.
Experts have estimated that about 650 operating room fires are sparked nationwide every year. As previously stated, many of the victims of those fires will walk away scarred or marginally scathed. Others, however, will lose their lives.

Dr. David Cowles, an anesthesiologist who previously spent 14 years as a firefighter and paramedic, knows well the need for FDA intervention when it comes to establishing a medical standard concerning surgical room fires:

“As a firefighter you’re concerned about what’s going to be the safest way to do a dangerous job and that’s not unlike what it is in the operating room, where every day we perform procedures that could be dangerous and we need to explore the safest way to do that.”

Medical Malpractice Lawyers in New Jersey and Philadelphia

If you or a family member have been victimized by medical errors due to negligent or inadequate medical providers, please contact the Mininno Law Office to speak with a medical malpractice attorney. You may also call for a free case evaluation and consultation at (856) 833-0600 in New Jersey and (215) 567-2380 in Philadelphia.

Let our professionals earn you your just and due compensation.

Medical Malpractice Attorneys: Survival and Wrongful Death Actions

In the past, under the common law, if either the plaintiff or defendant of a tort claim died, the action would be ended. This is because one of the parties, who either deserved compensation or who was liable, would no longer be around. A simple example would be if a patient was injured by a doctor due to medical negligence, the action would end if either party passed away. Also, historically there was no right to recovery for survivors of a patient who was negligently killed by a doctor’s medical malpractice (and the patient’s family could not recovery pecuniary losses or for the loss of companionship). Today, every state has altered these rules by statute which allows medical malpractice attorneys to bring lawsuits in search of compensation, even if their client or the defendant has passed away.

The Types of Actions

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The first types of laws that have been implemented are generally referred to as “survival” statutes. Under these statutes, a lawsuit will not come to a halt simply because one of the parties has passed away prior to the litigation. This means that lawsuits, including those for medical malpractice, will survive the death of either party. Alternatively, there are also laws in place known as “wrongful death” statutes. These statutes create a cause of action for the family who has been left behind following the death of a plaintiff. An example of a wrongful death situation may be if a doctor’s tortious activity, such as negligence or malpractice, leads to the death of a patient. In that case, the family of the patient may still bring a lawsuit against the doctor even though the true victim of the tort, the deceased patient, is no longer around. Lawyers have found that although some states have elected to combine the two types of actions into a single statute, every state provides this type of protection for patients and their loved ones.

Medical Malpractice Attorneys in New Jersey and Philadelphia

If you or a family member have 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: CNA Imprisoned for Patient Abuse

Nursing home abuse lawyers try their best to advocate for the elderly victims of abuse and neglect, the victims who often can no longer defend themselves against these predators.

Amanda Tibble, 36, who used to work as a certified nursing assistant at the John M. Reed Nursing Home in Limestone, Tennessee has been sentenced to 15 months in jail. Tibble was fired from the home when allegations of physical, emotional, and verbal abuse from January 2010 surfaced. She has since plead guilty to four counts of willful abuse or neglect and admitted to mentally abusing two patients. She has also been accused of twisting a male patient’s hand and bending back the hand of another patient. Tibble admitted to having an anger management problem and recently said “I do apologize for my actions and I do, you know, hate that it caused the mental anguish on her that it did.”

Judge and Victim’s Family Do Not Believe Apology

The family of Anza Hall, one of Tibble’s victims, said “We’ve waited well over a year and a half to get justice served.” The 90-year-old paralyzed stroke victim would tell her family “Don’t make them mad, don’t make them mad. They’ll be mean, they’ll be mean.” Because of the non-believable testimony from Tibble and the testimony of Hall’s daughter and granddaughter, Marcella Hall and Carla Anderson, Judge Robert Cupp gave Tibble the maximum sentence. Hall and Anderson said they didn’t believe Tibble felt any remorse for the incidents.

Nursing Home Abuse Lawyers in New Jersey and Philadelphia

If your loved one is currently a resident of a nursing home or care facility, pay attention to the quality of the nursing staff. 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: Pre-Natal Injuries

There are many forms of negligence, and other tortious conduct, that can lead to the injury of a baby while still in the mother’s womb. Many people’s first thoughts would be to look at the potential tortious conduct of a doctor, which may have caused injury to a baby due to medical negligence. Medical malpractice attorneys have found that most courts have allowed for the recovery of damages when a child is injured while “en ventre sa mere” (meaning “in the mother’s belly”) and is born alive. This is because the negligence of a defendant has caused some sort of injury to the young baby and damages are reasonable even though the child was not yet born. A minority of courts have actually denied the recovery of damages if the child was not yet born, even though the negligence will affect the baby for years down the road.

A Startling Approach by Defense Attorneys

medical malpractice attorneys in nj and pa Some lawyers who have represented defendants in these sorts of cases have come forth with surprising, if not shocking, legal arguments to avoid liability. Some attorneys in this situation have argued that there can not possibly be negligence because that tort requires a duty and a breach of duty. The argument follows that a defendant could not have possibly had a duty of care towards a being that is not yet born. This approach is very rarely accepted because it sets forth bad public policy and it tends to disregard the values we tend to hold as a society. Negligence that harms an unborn baby is just as undesirable as any negligence that could injure any one else. Thankfully, medical malpractice attorneys agree that today, recovery of damages is generally acceptable when a baby is injured prior to birth due to some act of negligence.

Medical Malpractice Attorneys in New Jersey and Philadelphia

If you or a family member have recently been the victim of medical negligence, it is possible that you would like to speak with our 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.

Medical Malpractice Attorneys Explain Six General Rules of Malpractice

Medical malpractice attorneys , in preparing to file a lawsuit, generally look to a series of rules that have been set forth by numerous courts over the years. The rules refer to when a plaintiff may file a malpractice lawsuit and the types of proof that are necessary at trial. The Supreme Court of Arizona set forth a series of rules in 1938 in the case of Boyce v. Brown, that still hold true today.

A Historical Look at Medical Malpractice

new jersey philadelphia Medical Malpractice Attorneys six general rules

The Arizona Supreme Court listed these 6 general rules, these rules are adopted slightly differently in some states and may be the subject of objection yet they lay out a fairly succinct framework.
(1) An individual who is “licensed to practice medicine is presumed to possess the degree of skill and learning which is possessed by the average member of the medical profession in good standing in the community in which he practices.” These doctors are also expected to use ordinary and reasonable care when treating patients.
(2) Prior to a medical professional being held liable for medical malpractice, “he must have done something in his treatment . . . which the recognized standard of good medical practice in the community in which he is practicing forbids in such cases, or he must have neglected to do something which such standards require”.
(3) Medical malpractice attorneys must bring in affirmative evidence to prove the relevant standard of medical practice in the community, which is often shown through expert witnesses and other doctors.
(4) Medical malpractice attorneys must affirmatively prove that there was medical negligence. This rule means that a plaintiff can not just show that the treatment did not work, the best results were not achieved, or that there was a death or injury, there must have been some action or inaction on behalf of the treating doctor.
(5) In order to show that a doctor did not live up to the standard of care, expert medical testimony must be used. However, there may be no need for expert testimony if the negligence is so grossly apparent that a layperson would easily be able to recognize it.
(6)Simply showing that other medical professionals would have undertaken a different medical treatment is not enough to show medical malpractice. It is necessary to show that the course of treatment deviated from one of the methods of treatment approved by the medical community. This rule is in place because there are many acceptable forms of treatment in some cases, just because one doctor may have done it differently does not clearly show malpractice.

Medical Malpractice Attorneys in New Jersey and Philadelphia

Medical Malpractice Attorneys: Doctor Liability to 3rd Parties

In some states, there has been a trend to impose a duty on physicians regarding third parties who have not directly sought treatment from the doctor. A simple example may be a doctor who advises a patient, who is prone to seizures, that he can safely drive his care home from an appointment. Should that doctor be liable to a third party who was seriously injured in a car accident after the patient had a seizure driving home? How about a doctor who prescribes a medication, which a patient has an unfortunate reaction to, and injures pedestrians on the car ride home for the doctor’s office? Medical malpractice attorneys have found that different jurisdictions have attacked these issues in different ways, some imposing liability on physicians and others declining to do so.
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In Osborne v. United States, a case out of West Virginia, that court permitted a third party to bring a lawsuit against a doctor whose negligent treatment resulted in an injury. The court ruled that in cases where it should have been foreseeable to the healthcare provider, the third party has standing to sue. Lawyers also point to the New York case of Tenuto v. Lederle Labs. In that case, the court found that there was a duty to warn to parents of the risks to their own health, following the vaccination of their children. Finally, medical malpractice attorneys point to the Pennsylvania case of DiMarco v. Lynch Homes-Chester County, Inc. In that case, a doctor negligently advised a patient about a communicable disease. Since the third party was at risk to contract that disease, there was liability placed on the healthcare provider.

Medical Malpractice Attorneys in New Jersey and Philadelphia

Medical Malpractice Attorneys Discuss Evolution of Hospital Liability

In the past, medical malpractice attorneys were extremely limited when bringing lawsuits, especially in determining who could be found liable. Under the doctrine of charitable immunity, hospitals were completely free from tort liability. This doctrine has been eliminated or minimized in many jurisdictions leading to three theories that have been used to hold hospitals liable when their doctors and nurses commit negligent acts. These three theories are known as respondeat superior, ostensible agency, and corporate negligence.

Hospitals are Responsible for Their Healthcare Providers

new jersey philadelphia medical malpractice attorneys evolution hospital liability Under the respondeat superior theory, a theory that applies to many employer/employee relationships, the healthcare provider must be employed by the hospital. In order for a hospital to be liable under respondeat superior, the negligence must occur within the scope of the doctor’s employment practices. Secondly, ostensible agency may apply even if the doctor is not directly employed by the hospital and rather acts as an independent contractor. Under this theory, if a patient looks to the hospital for care rather than a specific doctor or the hospital represents the doctor as an employee, the hospital may be found liable. Lastly, more and more courts are holding hospitals liable under a theory of “corporate negligence”. Under that theory, lawyers may sue hospitals when they fail to review the treatment prescribed by doctor’s or require consultation. This has been a major trend in recent years that has allowed plaintiffs who have been injured by negligent healthcare providers to seek damages from the hospital as opposed to merely a single doctor or nurse.

Medical Malpractice Attorneys in New Jersey and Philadelphia

Medical Malpractice Attorneys: Does the Law Do Its Job?

It is widely accepted that across the United States of America, many patients at one point or another are injured due to the carelessness of doctors. One study that has illustrated this point is the highly debated “Harvard Study”. That study concluded that in 1984, 99,000 patients in New York State suffered serious injuries while in hospitals. Thirteen thousand of those patients lost their lives. Other studies have had similar results regarding the injury of patients while in hospitals. The main issue that medical malpractice attorneys are confronted with each day is whether the law is doing a good enough job to protect these patients. The law, and medical malpractice litigation, is designed to hold negligent doctors accountable while vindicating doctors who could not have done anything to avoid a bad patient outcome.

The Goals of Malpractice Law

new jersey philadelphia medical malpractice attorneys law job harvard study The main goal is to determine whether the law is truly holding only negligent doctors liable while finding that on occasion, bad results do occur in the medical profession even when good doctors are providing treatment. Lawyers believe that the possibility of legal resolutions and potential lawsuits should result in doctors using safer procedures, better diagnostic tests, and more extensive fact finding before providing treatment. The law should also urge doctors to follow the “customary practice” standard which would discourage doctors from using untried and dangerous treatments as opposed to what is generally acceptable in the field. Finally, it is the hope of patients and medical malpractice attorneys alike that the possibility of a lengthy litigation process will push doctors to adapt and change with the profession rather than sticking with their old ways when new approaches are readily available.