How Do I Know If My Hip Implant is a DePuy Hip Implant?

As New Jersey and Pennsylvania DePuy hip recall lawyers, we have been asked by patients, “How do I know if my surgeon used a DePuy hip implant? After all, there are literally dozens and dozens of different hip implant manufacturers, yet only a certain few of these hip implants have been recalled. Obviously, one way is to contact your doctor directly. However, many DePuy hip recall patients have had difficulty reaching doctors either because the doctors have retired, moved away, or do not have access to the operative records of the DePuy hip recall patient. Although contacting your hip replacement doctor is a good start, the only true way that a DePuy hip implant patient can know for sure is to look at the records from the hospital where the surgery took place.

Doctors and Hospitals Are Required to Put an Implant Record in a Patient’s Chart.

All hospitals and surgical centers where hip, knee, and other joint replacement takes place are required to have a method and system to track hip implants and other implants. For example, the nationally recognized Joint Commission on Accreditation of Healthcare Organizations (JCAHO) requires that any JCAHO-accredited organization have a dedicated system to record the manufacturer’s name and type of implant used.

new jersey philadelphia depuy hip recall lawyers help identify hip implantUnder this system, all DePuy hip recall patient should have a specific medical record in their chart which will show which DePuy hip implant products where used. Specifically, for DePuy hip recall patients, there should be a label taken directly from the package that was opened up in the operating room and affixed in the chart. This DePuy label should identify the DePuy hip replacement system (e.g. ASL XR, Pinnacle, etc), the model number, and serial number for the DePuy hip implant.

Any potential DePuy hip recall patient, should immediately call the medical records department of the hospital or surgical center where the hip implant surgery took place, and specifically ask for a copy of the record which contains the product label used in their surgery. This is the best and only way to know for sure if your surgeon utilized the recalled him implant manufactured by DePuy.

DePuy Hip Recall Lawyers in New Jersey and Philadelphia

If you are the recipient of a defective DePuy hip implant, 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. The defective product attorneys at the Mininno Law Office are skilled at earning full and fair compensation for victims of corporate negligence.

Nursing Home Abuse Exposé: Eastern Pines Convalescent Center

It is important for us, as nursing home abuse lawyers for New Jersey and the Philadelphia area, to review care facilities in the area for signs of nursing home abuse or neglect. We have recently been posting on some of the facilities with a high number of cited deficiencies. Today we will discuss the Eastern Pines Convalescent Center.

Eastern Pines Convalescent Center Puts Residents in Danger

new jersey philadelphia nursing home abuse lawyers eastern pines Convalescent CenterThis nursing home is a 141 long term care bed facility located in Atlantic City, New Jersey. Between November, 2008 and October, 2010, it was routinely inspected twice. These inspections are performed by the Division of Health Care facilities Evaluation and Licensing for the NJ Department of Health and Senior Services.

During these two inspections, 34 deficiencies were cited at the facility. Although there were a variety of deficiencies cited, some of the most severe had to do with abuse and neglect policies, patients’ rights to voice grievances without reprisal, infection control issues, and issues regarding sanitation. These deficiencies were found to be widespread, with a number of them alleged to cause immediate jeopardy to resident health and safety.

Nursing Home Abuse Lawyers in New Jersey and Phialdelphia

It is extremely important to be aware of a nursing home’s records and reputation before placing a loved one in it’s care. It is equally as important to be vigilant in your review of these health department reports to protect the safety of the patient from various forms of abuse and neglect. This Atlantic County nursing home has had many serious deficiencies cited in the past two years, and family members of residents must make extra efforts to ensure that proper treatment and care are being provided.

If your loved one is currently a resident at nursing home or long term care facility, and you feel that the care they are receiving is poor, negligent, sub par, or dangerous, contact the Mininno Law Office for a free case evaluation. The NJ and PA nursing home abuse lawyers at the Mininno Law Office are skilled and experienced in earning compensation for victims of nursing home abuse. You may also call for a free case evaluation at (856) 833-0600 in New Jersey, or (215) 567-2380 in Philadelphia.

Don’t let abusive and inattentive nursing homes continue to diminish your loved one’s quality of life. Contact a nursing home abuse attorney today.

Nursing Home Abuse Exposé: Sterling Manor

As New Jersey and Philadelphia nursing home abuse lawyers, we have been randomly viewing the New Jersey Department of Health and Senior Services report cards for New Jersey nursing home. The State of New Jersey publishes these reports for each nursing home and long term residential facility in New Jersey. We have been reviewing the inspection summary reports for different nursing homes and reporting on those that have a large number of citations. It is important to review these reports to be aware of any signs of possible nursing home abuse.

Sterling Manor in Maple Shade, NJ

new jersey philadelphia nursing home abuse lawyers exposé sterling manorToday we are posting on Sterling Manor. Sterling Manor is a nursing home that has 124 long term patient beds under its care. It is located in Maple Shade, New Jersey in Burlington County. Sterling Manor had 3 routine inspections over the two year period from November 2008 until October 2010. It also had 14 complaint inspections during that same time period. The Sterling Manor nursing home was cited for physician visit issues relating to care/notes/orders etc., as well as residential record issues, life safety code violations, and bed sores. (As we have posted on many occasions, bed sores, themselves, are signs or nursing home abuse.)

Problems relating to the treatment and prevention of bed sores is also one of the reasons the facility received a complaint inspection as recently as July 2010. Another complaint inspection occurred due to food sanitation and preparation issues. These types of issues are what can lead to claims of nursing home abuse. It is important if you plan on having your loved one cared for in any nursing home, including Sterling Manor in Maple Shade, that you review these State of New Jersey Licensing and Evaluation inspections, to make sure it is a safe environment free from abuse.

Nursing Home Abuse Lawyers in New Jersey and Philadelphia

If your loved one is a resident at a nursing home and you believe that the care they are receiving may be 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. Our team can work to earn you the compensation you deserve.

Medical Malpractice and Sleep Deprivation; Should Surgeons Disclose to Patients When They Haven’t Slept?

As a New Jersey and Philadelphia medical malpractice attorney, I found a recent article published in the New England Journal of Medicine quite interesting. It posed a question regarding surgeons and their often wearisome schedules; Should a surgeon who has been deprived sleep in the past 24 hours be obligated to do disclose such to his/her patient?

Surgeons and Surgery Schedules

new jersey philadelphia medical malpractice lawyers disclosure lack sleepSleep deprivation can affect a surgeon or physician’s clinical and physical performances as severely as alcohol intoxication, and therefore increase risk of medical malpractice. But for a hospital, the task of ensuring that it’s surgeons are not suffering from fatigue has proven quite a challenge. Hospitals are in need of 24/7 coverage of clinical procedures, and must provide continuous care. Hospital trainees currently have work regulations set forth by the Accreditation Council of Graduate Medical Education that restrict them to a maximum of 16 consecutive working hours followed by a minimum of 8 hours off-duty. These types of regulations do not currently exist for fully trained physicians, who work multiple on-call and overnight shifts a week, strategically placing elective surgical procedures in between.

Furthermore, continuous sleep deprivation can lead to more serious problems, creating a larger concern regarding it’s effect on patients. Surveys show that patients would be very concerned if they were told that their physicians had gone 24 hours without sleep, and 80% of those surveyed said they would request new providers. Considering how important this is to so many patients, it seems informed consent should be demanded in these situations.

The Sleep Research Society has proposed legislation that would require medical providers who have been awake for 22 of the last 24 hours to:

“inform their patients of the extent and potential safety impact of their sleep deprivation and to obtain consent from such patients prior to providing clinical care or performing any medical or surgical procedures.”

Patients should be informed of the impairments sleep deprivation and fatigue can cause, as well as the increased risk of complications associated with proceeding. Patients should then be given the opportunity to proceed, re-schedule, or proceed with a different physician. Until hospitals can staff their facilities accordingly, patients will have to play a more active role in their medical care in order to protect themselves from medical malpractice and negligence.

Medical Malpractice Lawyers in New Jersey and Philadelphia

If you or a loved one have suffered at the hands of a negligent medical provider, 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. The medical malpractice lawyers at the Mininno Law Office are experienced and skilled in earning victims their full and fair compensation.

Nursing Home Abuse Exposé: ManorCare Health Services, West Deptford, NJ

Once again today we are here to discuss another local nursing home that has been cited with a number of deficiencies in the past two years. As nursing home abuse lawyers, it is important for us to educate the public on the need to investigate whether appropriate standards of care are being met in the New Jersey and Philadelphia nursing homes. Numerous violations can be a sign of nursing home abuse.

Gloucester County Nursing Home Cited With Violations

new jersey philadelphia nursing home abuse lawyers manorcare health servicesToday’s post takes a look at a nursing home facility in Gloucester County. The name of the facility is Manorcare Health Services. It is located on West Deptford and has 156 long term care beds.

The Manorcare facility was inspected two times from November 2008 through October 2010. During these two inspections, 25 different deficiencies were cited. The scope and severity of these citations ranged from isolated to widespread. One of the citations was for a level 3 offense, which is one considered to have caused actual harm to one or more residents. In this particular instance it referred to not maintaining the proper nutritional status. There were also instances of life safety code violations and violations regarding the sanitary and comfortable environment, as well as bed sore prevention and treatment failings.

Twenty-five violations in only two inspections over a two-year period seems to be quite a concern. These types of failings are the things that can lead to patient safety concerns, including the acquiring of bed sores. During this time period, four complaints were also inspected and detailed at ManorCare. One of these complaints did in fact concern bed sores, and although it was isolated in this case, it was found to have had a potential for more than minimal harm. Of course, both acquiring a bed sore and the improper treatment of that bedsore are indeed nursing home abuse. Any of these issues should be discussed with a New Jersey nursing home abuse lawyer immediately. It is important to be an advocate for your loved one, and when abuse has occurred it is important to have an attorney advocating with you.

New Jersey and Philadelphia Nursing Home Abuse Lawyers

If your loved one is a resident at a nursing home or long term care facility and you are seeing signs that you attribute to possible negligence or abuse, 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.

Let the Mininno Law Office team work hard to earn you the compensation you and your loved one deserve.

DePuy Hip Recall: What About the FDA?

As New Jersey and Pennsylvania Depuy hip recall attorneys, we have been posting various bits of information regarding the Depuy hip recall and its effect on recipients of the implant. We hope these posts have been helpful to not only patients who have experienced implant failure, but to all Depuy hip recall patients, regardless of whether or not they have experienced pain or symptoms associated with the DePuy hip implant failure.

Did the FDA Have Anything to Do With the Recall?

Recently a Depuy hip implant patient asked us, “What does the federal government have to say about the Depuy hip implant recall?” As many know, medical devices, such as artificial hips, prosthesis, knee joint replacements, and other implants, are supposed to be regulated by the Food and Drug administration (FDA). According to its website, the FDA is charged with responsibility for:

“protecting the public health by assuring the safety, efficacy and security of human and veterinary drugs, biological products, medical devices, our nation’s food supply, cosmetics, and products that emit radiation.”

new jersey philadelphia depuy hip recall attorneys examine fda approach Despite this responsibility, the FDA has not done much regarding the recall since July 17, 2010, the date they posted information on specific recalled devices. The recall contained DePuy technical data that listed all of the various sized component parts of the DePuy ASR hip replacement system. As for the reason for the recall, the FDA quoted Depuy, stating that the recall was caused by “notification to clinicians of new revision rate data/information regarding use of the device.” What does that mean? It means that DePuy and the FDA were receiving complaints that the hip implant was failing at an alarming rate, causing the necessity for revision surgeries to rise to a new and unacceptable level. These complaints started coming in shortly after DePuy was granted approval to market their device in the United States in 2003.

DePuy Hip Recall Attorneys in New Jersey and Philadelphia

Unfortunately, the FDA has not provided any additional information to patients about what to do next. In fact, the FDA website refers all inquiries back to Depuy’s home office in Indiana. As New Jersey Depuy hip recall attorneys, we urge the FDA to be more diligent in its reporting of consumer complaints regarding medical devices. The device was approved for use in 2003, and was on the market for 7 years before it was finally recalled. Had the complaints been investigated sooner, perhaps surgeons and potential Depuy hip implant patients would have thought twice about using this defective hip replacement product.

If you are the recipient of a DePuy ASR XL Acetabular hip implant system, or an ASR XL Hip Resurfacing System, 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. Our defective product attorneys are skilled in earning full and fair compensation for victims of negligent and defective manufacturing.

Nursing Home Abuse Exposé: South Jersey Health Care Center

As New Jersey and Philadelphia attorneys with a focus on nursing home abuse, we are always concerned with the well being of nursing home patients housed in long term care facilities in New Jersey. We have recently been reviewing reports published by the New Jersey Department of Health and Senior Services regarding the evaluation and licensing of nursing homes and other types of long term care facilities. It is a major concern of ours when we find reports that indicate various violations that are indicative of nursing home abuse.

South Jersey Health Care Center receives Unsatisfactory Ratings

new jersey philadelphia nursing home abuse lawyers south health care centerToday we are reporting about the South Jersey Health Care Center located in Camden, New Jersey. This is a nursing home that has 120 long term care patient beds. In a two year period, from November 2008 until October 2010, this nursing home was inspected on two separate occasions. During those inspections, the nursing home was cited for 16 separate violations. These violations included failure to meet proper safety code standards, lack of proper housekeeping and maintenance services, and food and nutritional issues. Many of the violations were found to occur often, and at least one of the violations was considered immediate jeopardy to residents’ health and safety.

One of the violations concerned the neglect that causes initial acquisition and later worsening of bed sores or pressure ulcers. As indicated in some of our earlier posts, the procurement of a bed sore is nursing home neglect and should not occur if the nursing home staff is properly trained and fulfilling their jobs at the proper level. In the case of the South Jersey Health Care Center located in Camden, there are enough violations to warrant a family’s close monitoring while a loved one remains in the home’s care. As always, it is important to review any nursing home that you may have in mind before your loved one is entered as a resident, and to monitor the nursing home for abuses during their residency.

Nursing Home Abuse Lawyers in New Jersey and Philadelphia

If your loved one is currently a resident at a nursing home or long term care facility and you feel that the care they are receiving may be 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. Don’t let your loved one become another victim of negligent and inadequate nursing homes.

Let the Mininno Law Office team earn you the compensation you deserve.

Qui Tam: What Is It?

The term qui tam is actually an abbreviated form of the latin phrase “qui tam pro domino rege quam pro seipse,” which means “he who sues for the king as for himself.” Whistleblower is another term used to describe the same type of claim. When an employee gets wind of their employer’s illegal business practices, they have the opportunity to file a qui tam claim against them, and are usually awarded a large portion of the settlement that the government receives.

Whistleblower vs. Qui Tam Claims – Is There a Difference?

new jersey philadelphia qui tam whistleblower lawyers explanationWhistleblower and qui tam claims do essentially the same thing; they allow employees to file lawsuits against their employers for fraud or other illegal practices. Many times, especially in the healthcare industry, companies engage in fraudulent advertising to increase popularity of a product. Pharmaceutical companies are largely guilty of committing this type of fraud. Creating false or untested uses for a certain drug, or offering physicians large amounts of money (kickbacks) to recommend and prescribe certain drugs is very much illegal, and equally as dangerous.

Fraudulent billing is another problem for health programs such as Medicare. It is estimated that close to 10% of all medicare charges are indeed fradulent. Commonly, this fraud occurs in the form of :

  • Billing multiple times for one service
  • Charging for treatment that was never performed
  • Charging for expensive equipment when cheaper equipment was purchased
  • Charging for services that are actually free

Qui Tam Lawyers in New Jersey and Philadelphia

If you currently work for a company that you believe is defrauding it’s employees, customers, and/or government, contact the Mininno Law Office for a free case evaluation. The qui tam lawyers at the Mininno Law Office are specifically focused on earning significant compensation for whistelblowers who aim to end their associates illegal and potentially harmful business practices.

You may also call for a free consultation at (856) 833-0600 in New Jersey, or (215) 567-2380 in Philadelphia. Let the Mininno Law Office team work hard to earn you the full an fair compensation you deserve.

Response to Republican Malpractice Bill

Last week, Republicans introduced tort reform legislation that would make serious changes to current medical malpractice liability and infringe upon the rights of patients nationwide. Malpractice liability has been a hot topic of debate for quite sometime, and after the introduction of this bill, many people have varying opinions on the issue.

HEALTH Act Unlikely to Pass

While the bill has a good chance of winning passage in the House, it most likely will face intense opposition in the Senate. Senate Judiciary chairman, Senator Patrick Leahy (D-VT), has always opposed caps on damages and instead supports lifting anti-trust immunity for insurance companies in hopes of sparking competition within the industry and subsequently lowering premiums.

new jersey philadelphia medical malpractice lawyers Overwhelmingly Opposed Tort ReformWhite House aides have provided that President Obama is strongly opposed to placing caps on damages for injured patients, but would be open to utilizing other avenues of resolution, such as “health courts” or special arbitration systems.

Illinois and Georgia have recently struck down state-wide caps on liability, arguing that they violated their state constitutions. Liability caps are an unfair advantage to insurance companies and severely negligent medical providers, as it is in the worst cases that juries are inclined to offer large sums of money for pain and suffering.

California has been using a cap system since 1975 and claims that those caps are what keep insurance rates low. However, consumer groups in the state maintain that California’s regulations on insurance rates are what serve to keep premiums low, not their caps on liability.

Medical Malpractice Lawyers in New Jersey and Philadephia

If tort reform is a way to keep premiums low, why not skip the middle man and fix the actual problem; insurance companies charging astronomical amounts of money to protect their clients. Limiting the awards to an injured victim of malpractice may or may not change insurance premiums. Without regulations on the industry, insurance companies will remain free to charge whatever they like. The answer to our current healthcare problem cannot be found by limiting patient rights.

If you or a loved one have suffered at the hands of a neglient medical provider, 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. Let the medical malpractice lawyers at the Mininno Law Office earn you the compensation you need and deserve.

House Introduces Malpractice Reform Bill

On Monday, Republicans introduced medical malpractice reform legislation into the House that, if passed, would greatly limit the rights of patients who have suffered injuries at the hands of negligent medical providers. The bill, sponsored by Republican Phil Gingrey (R-GA), an OB/GYN, Republican David Scott (D-GA), and Judiciary Committee Chairman, Republican Lamar Smith (R-TX), aims to place extensive limits on how and when victims of medical negligence can file claims. It also aims to apply one-size-fits-all caps on recoveries.

The HEALTH Act

new jersey medical malpractice lawyers republican phil gingrey
Republican Phil Gingrey (R-GA)
The bill was introduced as the Help-Efficient, Lowcost, Accessible, Timely Health Care Act, or HEALTH Act. Supporters of the proposed legislation claim that reform of the medical liability system is necessary to lower healthcare costs. But the Congressional Budget Office has estimated that such reform could only save, at most, .5% of all healthcare costs. Furthermore, the bill does nothing to support an American people that loses up to 100,000 lives a year to medical negligence. With caps on liability, the bill serves as a government hand-out to physicians, insurance companies, nursing homes, and even pharmaceutical companies, that act with negligence and greed, and harm patients and consumers.

Limiting liability and removing many patients’ rights to a jury trial will only further the country’s current medical negligence problem that continues to worsen. What motivation is there to provide better care when accountability lessens? If healthcare reform is the question, sacrificing patients’ rights is not the answer.

Medical Malpractice Lawyers in New Jersey and Philadelphia

Medical malpractice lawyers everywhere are fighting the passage of medical liability reform legislation. Patients are injured everyday due to the practice of negligent and careless medicine, and many need compensation to carry out the rest of their lives.

If you or a loved one have suffered at the hands of a negligent medical provider, 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.

Let our team fight for your rights to full and fair compensation.