Medical Malpractice Attorneys Discuss the Force of Lawsuits

Professional malpractice typically refers to negligence by a professional and it has been applied to many professions such as engineers, art experts, social workers, and pilots. However, it’s most common application is with healthcare providers such as doctors, nurses, surgeons, etc. A lawsuit involving a single patient and a single healthcare provider may have a narrow impact on society, meaning it may only have consequential value to the parties involved. The litigation process will determine how an injured patient will be compensated but medical malpractice attorneys have also found that the outcome of a lawsuit may mold how the profession will engage in its practice.

Broad Impact of Medical Malpractice Cases

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Consider the case of medical professionals. How courts in a particular jurisdiction rule on different matters of liability and standards of care will undoubtedly affect how other doctors and nurses act in similar situations. Situations such as communicating with patients regarding treatment and procedures, undertaking surgery and diagnosis, avoiding negligence and malpractice liability, and safeguarding patients from clearly foreseeable injury and even more remote potential outcomes all will be molded by how courts have ruled in previous cases. When other doctors or nurses are found liable for medical negligence, lawyers believe that this does not merely deter those individuals from acting in a particular way. Medical malpractice attorneys believe that the profession as a whole, both within and outside of that jurisdiction, will alter the ways in which they practice. When patients are hurt due to alleged negligence or malpractice, a courts ruling sends a message to the community as a whole that certain behavior and activity will not be tolerated.

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 Put Rapist Away for Nine Years

Sexual nursing home and elder abuse is one of the most disgraceful forms that nursing home abuse lawyers face. To abuse their power and take advantage of a vulnerable elderly person in that way is shameful. Kevin Burns was sentenced to nine years in prison on September 13, 2011 after pleading guilty to raping an elderly woman in the Friend’s Care Nursing Home in Yellow Springs, Ohio, where she was a resident and he was working. Burns said in court “I’m sorry for what I’ve done to them.”

Nursing Home Employee Pleaded Guilty to Raping Elderly Resident

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As part of a deal that Burns reached with the prosecutors, he pleaded guilty to one count of rape and the two other charges were dropped. This deal was reached because prosecutors felt it saved everyone from going to trial and according to Assistant Prosecutor Jeff Hunter, “The defendant stepped up and acknowledged what was done as opposed to dragging victims through a court process and trial.“. After Burns serves his nine years in prison he will have five years of probation and have to register as a tier 3 sex offender, which is the strictest of the classifications. During the court hearing, the defendant admitted to struggling with an addiction to pornography. He said “I should have went to them and told them I was struggling with that and should have asked to be put on leave until I could take care of it. I tried to take care of it myself but didn’t, didn’t do it.

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 their treatment as well as their living conditions. 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 Lawyers Warn About Financial Abuse from Adult Children

new jersey philadelphia elder abuse lawyers Warn Financial Adult ChildrenAt all points in life, we face the threat of being abused; abused physically, emotionally, or even financially. Our elder abuse lawyers write this blog to keep you informed about the dangers of being taken advantage of as you get older and the different ways to see the warning signs in order to prevent yourself from being a victim. The problem is that there are so many different forms of abuse,  it is hard to protect yourself from all of them. Financial abuse can come from anyone, but a disturbing number of cases involve a victim’s own children.

The exact number of cases is unknown, but experts estimate that between 60 and 90% of financial elder abuse is committed by family members. Out of that percentage, one out of five cases go unreported. Unfortunately, many victims do not report that their children have been stealing from them because they are embarrassed or do not want their children to be punished. It is expected that this form of abuse is going to increase as the number of the elderly population in this country grows.

Warning Signs and Prevention

Often, the adult child that is more likely to steal from their elderly parents still relies on his or her parents for support. According to Dr. Winsor Schmidt, professor of family and geriatric medicine at the University of Louisville, “Research suggests that increased risk of elder financial abuse by adult children is associated with such factors as the perpetrator’s unemployment, inability to drive and financial dependence upon the older person.” You should also consider a history of substance abuse, chemical dependency, compulsive gambling, and other addictions as reasons to be more vigilant. Choosing a financial caretaker is a very important decision and a job that should only go to someone you absolutely trust.

new jersey philadelphia elder abuse lawyers Warn Financial Adult ChildrenThe older you get the higher your chances of being taken advantage of become. Individuals that have a hard time performing everyday tasks, getting around by themselves, or who suffer from Dementia or Alzheimer’s are most often the victims of financial abuse. Parents who have children who live far away from them or each other are also at a higher risk. One sibling can misuse the parents’ assets without the others finding out.

Few parents anticipate or ever want to think about the fact that their children may someday cheat them out of their entire life savings, but it is unfortunately common. Many people are in the mindset that it will not happen to them, that they have great kids and nothing to worry about. As elder abuse lawyers, we encourage you to take this seriously and choose a financial caretaker carefully. Think about the warning signs and choose someone who is responsible and good with money so you do not fall victim to a growing form of abuse. If you can, discuss these issues with a lawyer while you are planning your estate. The more planning you do and the more you get in writing, the better your chances of preventing abuse and theft.

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.

Nursing Home Negligence – Feeding Tube Causes Death

Residents of a nursing home are residents because they require medical care that they can no longer provide themselves. Depending upon severity of conditions, this care could be as simple as a few check-ins throughout the day, or could be as serious as constant and close observation. Because some patients require constant observation, staff members and caretakers have a responsibility and obligation to know what their patient’s needs are at all times and how to effectively provide those needs in a way that promotes a good quality of life.  Nursing home negligence occurs when the needs of a patient are disregarded or overlooked. Often, injuries and death occur as a result of nursing home neglect, and the matter should not be taken lightly.

Facility Fined After Death of 78-Year-Old Man

new jersey philadelphia nursing home neglect lawyers AA citation Orchard-Post Acute CareOrchard-Post Acute Care in Whittier has been fined $75,000 and given a “AA” citation from the state of California for the death of a 78-year-old patient in 2008. The man, who suffered from Alzheimer’s and was recovering from a stroke, was admitted to the facility in July of 2008. Nursing home staff inserted a feeding tube into the man’s abdomen, as is often necessary for Alzheimer’s and Dimentia patients who may forget to eat or become aggressive at meal times. Soon after, the man began complaining of abdominal pain and was taken to the emergency room. While in the hospital, the doctors discovered that his feeding tube was inserted incorrectly, causing an inflamed abdomen lining, labored breathing, and septic shock. The man underwent an operation and was placed on a ventilator, but died six days later.

Placing a feeding tube is a common procedure in nursing homes. Staff members should be adequately trained before they perform these procedures on patients. It certainly is sad when something so easily preventable leads to the death of patient.

Nursing Home Neglect 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 the care they are receiving. If you are worried that the care 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 and Neglect Get Las Vegas Facility Closed

As nursing home abuse lawyers, our goal is to get justice for the victims and loved ones of elder and nursing home abuse. We also want to see that the correct punishment is brought to the facility and/or the individuals responsible. Revoking an operating license is the most severe punishment that state officials give to nursing home facilities who fail to meet inspection requirements. Fines and follow up inspections are utilized before the state revokes a license, but if conditions are not improved, licenses will be lost.

Repeat Citations and Abuse Leads to Loss of License for Home

nursing home abuse lawyers in NJ and PAAfter an investigation by the state of Nevada, the Las Vegas Home Sweet Home had its license revoked and was forced to close in August. All of the residents were removed and placed in different facilities.

The most recent investigation that led to the closure was prompted by a witness a caregiver yelling at an elderly woman. The abuse continued as the caregiver dragged the resident down the hallway by her ankles. During their investigation, state officials also found that caregivers at the home were depositing residents’ social security checks into their personal bank accounts. Staff members were also taking more money than necessary for small grocery trips for the residents, and then pocketing the change afterwards.

These were not the first violations for “Home Sweet Home.” The facility has been fined and investigated frequently over the years for various citations that made the home unsafe for the residents. The state became aggravated with the home’s failure to adhere to regulations and decided to shut it down.

Nursing Home Abuse Lawyers in New Jersey and Philadelphia

If you have witnessed any questionable or abusive behavior in a nursing home, directed towards your loved one or even another resident, 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 Homicide and Arson

Nursing home neglect and abuse are not always suffered at the hands of facility staff and administrators. Other residents can also pose a threat to your loved ones in nursing homes. It is the responsibility of the facility to provide enough staff to ensure the safety of all patients. Conflict is common when large groups of people are living and working in a confined area, but the staff needs to control the nursing home population from physically harming each other.

Man Dies From Burns Suffered During Argument With Other Resident

nursing home neglect in NJ and PAAccording to the New Orleans Police Department, a 42-year-old man died after suffering second and third degree burns at the St. Charles Health Care Center. Around 9 p.m. on August 2, 2011, the man, who was wrapped in gauze for treatment, entered into an argument with another resident, 72-year-old Joann Everett, when his dressing ignited in flames. The nursing home staff extinguished the fire before the firefighters arrived on the scene. The victim was taken to Baton Rouge General Medical Center where he was treated for the burns that covered 80 percent of his body. The man died the next day as a direct result of the burns he sustained. The New Orleans Parish coroner determined the death a homicide. Everett is in custody at a local hospital and will be arrested and charged with homicide and aggravated arson. Police have not stated what started the argument, how the man’s gauze caught fire, or the victim’s name.

The facility obviously could not control an argument between these two residents, but they should have stopped Everett from assaulting the man. If these two had a history of fighting, they should have had limited contact with each other. Although it is currently unknown to the public how Everett started the fire, she clearly possessed something dangerous that the home should have taken from her.

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 Lawyers File Claim Against Negligent Dentist in West Virginia

medical malpractice lawyer in NJ and PALinda Johnson saw Dr. Ernest N. Pennington in January 2008 for impressions of her mouth that were being used as preparation for a bridge that she was having placed. According to the complaint that was filed by her medical malpractice lawyer , Christopher J. Heavens, on June 25, 2010 in Kanawha Circuit Court, West Virginia, the material that was used to make the molds caused an infection in her gums. The infection led to the bridge fitting improperly, roots being exposed and severe pain. The complications caused Mrs. Johnson to have teeth removed and several other painful and expensive procedures. She is suing Charleston Dental Associates and Dr. Pennington for the poor care. Mrs. Johnson started seeing Dr. Richard Smith on February 19, 2009 to correct the complications from Dr. Pennington. Before seeing Dr. Smith, she believed that the problems were unavoidable, but he explained to her that the treatment “may have constituted medical malpractice.”

Dental Medical Malpractice is Preventable

Unlike other forms of medical malpractice, complications from dental procedures are often accepted by the patients as unpreventable. This is not always the case. Often, errors made by doctors or nurses create serious complications that can lead to painful and drawn out recoveries. Dental medical malpractice should be taken seriously and considered a violation of the standard of care that is expected from all medical professionals.

Medical Malpractice Lawyers in New Jersey and Philadelphia

If you or a family member has recently suffered severe dental complications or has been the victim of medical negligence, and you would like to speak to someone about your legal options please 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 Medication Error After Staffing Cuts

nursing home neglect in NJ and PABishops Corner Skilled Nursing & Rehabilitation in West Hartford, Connecticut is facing a $710 fine for failing to properly administer antibiotic medications that were prescribed by a doctor to a severely demented patient who was experiencing wheezing accompanied by a cough. According to the facility’s nursing director, the medication was “not available in the medication cart and the nurses failed to check with their supervisor.” In another incident of nursing home neglect, two nurses’ aides improperly used a mechanical Hoyer lift to move a patient and the resident slid out of the sling, fell on the floor, and bumped the back of his head, suffering a hemorrhage. After the incident, the staff was retrained on how to properly use the lift.

Parent Company Starts Large Round of Layoffs

These two incidents occurred after a large round of layoffs for the facility. In the beginning of August, Bishops Corner Skilled Nursing & Rehabilitation’s parent company, Omega Healthcare Investors, laid off 81 employees from their several nursing home facilities in Connecticut. This was the first round of 575 employees that are to lose their jobs. With the bad economy, layoffs are inevitable, but facility administrators need to make sure that care does not suffer as a result. It is clear that this nursing home neglect could have been prevented if the staff was trained properly and had not been spread so thin.

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 Abuse Lawyers Warn About Sexual Abuse of the Elderly

As nursing home abuse lawyers, we hear about a lot of abuse and neglect cases, but sexual abuse is always the most disturbing. Sexual elder abuse is an unsettling problem happening far too often in nursing homes and with in-home aides. Workers hired to care for this vulnerable population are taking advantage of the disabled and elderly. These workers often prey on those who cannot speak up for themselves and defend against the sexual assault, making it very hard to discover and/or prove.

Man Gets Ten Years Probation for Sexual Assault of Elderly

nursing home abuse lawyers in NJ and PATelesforo Vasquez III, 25, was facing counts of attempted sexual assault and injury to an elderly person, but was given ten years of probation during an August 22 hearing. On November 24, 2010, Vasquez reportedly exposed himself to a 91-year-old female resident of the Castle Pines nursing home in Lufkin, Texas where Vasquez worked. He directed the elderly woman to touch him sexually, but when she refused he pushed her down causing injuries to her hip and buttocks. Part of his probation includes restrictions that say he cannot work in a nursing home, hospital or rehabilitation center.

This behavior is unacceptable. As nursing home abuse lawyers, we wish this man had received a greater punishment than probation. Even though he is not allowed to work in any form of caregiver position, he is still free to sexually assault someone else. It is good that he will be supervised and not let go completely, but we hope that the probation deters him from performing any form of abusive behavior again.

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 witness or suspect any form of inappropriate or abusive behavior from the staff, you must report it. If you feel uncomfortable reporting negligent or abusive care to the nursing home, 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 Attorneys Earn $91.5 Million for Victim’s Family

As nursing home neglect attorneys, we often write about how many cases of abuse go unreported. Sometimes, the elderly person being abused is too afraid or unable to speak up about what is going on. Other times, the nursing home is covering for the abuser. Whatever the reason, it is always a sad situation when a vulnerable person is being taken advantage of. It is nice when we get to write about a case where justice was served and the abuser is punished.

Three Weeks at Facility Led to Patient’s Death

nursing home neglect attorneysAfter almost two weeks of trial, a jury awarded the family of Dorothy Douglas a total of $91.5 million in damages. The jury found that the facility and the staff failed to feed and care for Douglas and indirectly caused her death. Dorothy Douglas suffered from Alzheimer’s disease, dementia, Parkinson’s disease and several other conditions. Prior to moving into a nursing home, while Douglas was living with her son, her heath had improved. She could speak, walk and recognize loved ones. But in 2009, during the short three-week period when Douglas was a resident of the Heartland of Charleston nursing home, her health deteriorated. When she was transferred to the Heritage Center nursing home, she had lost 15 pounds, was dehydrated and unresponsive. The day after she was transferred, September 24, 2009, Douglas died at the age of 87 at the Cabell Huntington Hospital.

According to the family attorney, Lance Reins, Heartland of Charleston’s biggest problem was staffing. In 2009, the employee turnover rate was 112%. “They were losing more people because they weren’t even staying through orientation when they saw the conditions,” Reins told the jury. Several former employees testified at trial to the poor staffing conditions. From February 2010 to April 2011, state inspectors cited Heartland of Charleston for 28 deficiencies, which is more than double West Virginia’s average of 13.

Nursing Home Neglect Attorneys 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.