Medical Malpractice in Denver Leads to License Suspension

Often times, medical malpractice lawyers are criticized for bringing cases against doctors, hospitals, and other medical providers. Many believe that medical malpractice attorneys are “ambulance chasers“, and attack doctors for negligence that does not exist. Medical malpractice attorneys have a certain stigma, and largely suffer from a poor reputation.
The simple and unfortunate truth is that medical negligence does exist. While most doctors are hard-working and dedicated professionals, others are greedy and aloof. They are responsible for the lives of hundreds of patients, yet some act as if those lives were disposable. Such is the case of Dr. Manuel De Jesus Aquino of Denver, Colorado.

Colorado Doctor Prescribes Marijuana to Pregnant Woman

new jersey philadelphia malpractice lawyers marijuana prescription pregnant woman Dr. Aquino has had his license suspended after prescribing medical marijuana to a 20 year old woman who was 6 months pregnant. The woman saw Dr. Aquino at the Back to the Garden Health and Wellness Center in Denver, Colorado, and asked for a marijuana prescription. The visit with the woman, who was a new patient, lasted all of about 3 minutes. No physical examination was performed, the patient was not required to complete medical history forms, nor was she scheduled for any follow-up visits.
She gave birth April 8, 2010, and tested positive for marijuana. Her infant was exposed to the drug in utero, and had some initial feeding difficulties. The baby may or may not face long-term damages.

Medical Malpractice Lawyers in New Jersey and Philadephia

Dr. Aquino acted with extreme disinterest in the well being of his patient. To write a prescription for marijuana use without performing a thorough examination is a depraved medical practice. An investigation should be performed to discover whether or not this is something that he does regularly with patients.

Dr. Aquino’s negligence as a medical professional is certainly not isolated. Unfortunately, there are doctors that act just as he did, and patients sometimes pay the ultimate price for that negligence. If you or a loved one have suffered from medical malpractice, 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.
Let our team earn you the compensation you need and deserve.

DePuy Hip Recall Lawyers Warn Against Johnson & Johnson’s Tactics

If you are one of the 93,000 patients affected by the defective DePuy hip recall, you should expect to receive an unwanted telephone call from a DePuy hip recall insurance adjuster paid for by DePuy Orthopaedics and their parent company, Johnson & Johnson.

DePuy Insurance Adjusters Trained to Cheat You

This insurance adjuster is a trained professional working on behalf of DePuy Orthopaedics and Johnson & Johnson to reduce your potential exposure to damages. While they may seem to be concerned for your well being and deeply apologetic for issues arising from the hip recall, these skilled claims adjusters are following a careful script. new jersey philadelphia depuy hip recall lawyers warn against johnson tactics

First, these DePuy hip recall adjusters will try to gain trust and become something of a confidant. They will promise to help by paying for medical bills and offering other compensation. But some patients have reported being probed by DePuy insurance adjusters regarding post-operative symptoms, even though these adjusters have no medical training to determine whether symptoms are related to a defective DePuy hip implant or some other condition.

DePuy hip recall insurance adjusters are not your friend, do not represent you, and are not looking out for your best interest. Instead, they are documenting everything that you are and are not saying. They will likely utilize the information during later litigation to deny or minimize your right to recoveries.
What’s worse; although all DePuy hip implant patients have legitimate medical questions that they would like to ask, the DePuy claims adjusters are trained not to provide any meaningful answers, but to simply gather information and discourage recall victims from seeking proper legal representation.

DePuy Hip Recall Lawyers in New Jersey and Philadelphia

As a New Jersey and Philadelphia DePuy hip recall lawfirm, we believe that patients are entitled to far more than what is being offered by Johnson & Johnson and DePuy Orthopaedics. All DePuy hip implant patients are entitled to full and fair compensation, which includes full payment of medical bills, wage losses, pain and suffering compensation, and any and all damages which are lawfully permitted under our civil justice system.
If you are a victim of the DePuy hip implant recall, 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.

Don’t let a DePuy insurance claims adjuster rob you of your right to full and fair compensation. Let a DePuy hip recall lawyer earn you the recoveries you are entitled to.

Nursing Home Abuse Lawyers Offer Tip#3 For Bedsore Prevention

As a New Jersey and Philadelphia nursing home abuse attorney, I am providing a continuation in our series of posts involving the subject of nursing home abuse and, particularly, tips for the prevention of bedsores and pressure ulcers. In our last post, I provided nursing home patients and their family members with Tip #2 to help prevent the serious medical problems that result from nursing home abuse and bedsores.
These tips are helpful because prevention is always the best medicine when it comes to protecting nursing home patients from bedsores or pressure ulcers.

Tip #3 for Preventing Bedsores and Pressure Ulcers

A third tip from nursing home abuse lawyers which will help prevent pressure ulcers or bedsores is to:

Identify any and all potential factors that could increase the risk in a nursing home patient of developing a bedsore or pressure ulcera.

For example, a major factor that exposes a patient to bedsores or pressure ulcers is moisture in a bed. new jersey philadelphia nursing home abuse lawyers third tip prevent bedsoresAs New Jersey and Philadelphia nursing home abuse lawyers, we hear from nursing home patients and their families that nursing home staff members do not change the bedding or sheets on a regular basis and, in particular, do not change the nursing home sheets when they become wet.

Nursing home bed sheets frequently become wet when a patient is incontinent. Incontinence can be caused by a decreased mental state, decreased mobility, or medications that increase urination. Other times, sheets become wet when patient have difficulty feeding themselves, and food and drink end up in their beds.

The moisture that results from wet bedding can lead to pressure ulcers or bedsores. As such, bedsore and pressure ulcer prevention requires nursing home staff members to frequently check residents’ bedding to ensure that it is clean and dry. If, as a nursing home patient or family member, you discover that bed sheets contain moisture, promptly insist that the nursing home staff change the bedding before the patient is placed back into the bed. No one likes to lie in a wet bed, but if a nursing home patient is forced to do so, it will put that patient at a greater risk for pressure ulcers or bedsores.

Nursing Home Abuse Lawyers in New Jersey and Philadelphia

Neglecting to change resident bed sheets is just another sign of potential nursing home abuse, and any nursing home abuse should be reported to the New Jersey Ombudsman. After reporting the abuse to the ombudsan, 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.
A nursing home abuse lawyer will be necessary to seek full and fair compensation for negligence and abuse in a nursing home or long term care facility.

Jury Awards $7 Million to Victims of Medical Malpractice in New York

In New York, a Queens jury has awarded a Long Island couple $7 million in a case of medical malpractice that almost led to the untimely death of Owen McNamara.

Medical Malpractice at St. Francis Hospital

new jersey philadelphia medical malpractice lawyers st. francis hospital case St. Francis Hospital, located on Long Island, NY, is known as “The Heart Center”. It’s reputation for cardiac excellence has patients the world over seeking treatment there. That is why Owen and Jo-Ann McNamara went to St. Francis Hospital for a “routine” by-pass surgery. The surgery went smoothly. Post-op, however, did not.

While in the ICU (Intenstive Care Unit), Owen developed a condition called tamponade. This condition involves the build-up of blood and fluid in the pericardium (the sac surrounding the heart) which can compress the heart and disrupt it’s normal function. A timely response can relieve the pressure within minutes, but because of a negligent response and failure on his doctor’s part to communicate the budding complications, Owen McNamara suffered a heart attack.

Doctors revived him, but Owen faced 2.5 years of complications, hospital stays, and rehab treatments resulting from the tamponade related heart attack. His heart blockages were cleared during the by-pass surgery, but Owen now lives with permanent damage to his heart, as well as chest and breathing complications.

Had St. Francis Hospital staff recognized the symptoms of tamponade sooner, and promptly and effectively treated those symptoms, Mr. and Mrs. McNamara could have avoided the nightmare that followed the cardiac arrest.

Medical Malpractice Lawyers in New Jersey and Philadelphia

The McNamaras, in some ways, are very lucky. Hospital negligence did not take Owen’s life. Others have lost life and limb as a result of medical malpractice and hospital negligence. That is why medical malpractice lawyers are necessary. Hospitals and doctors that act negligently and do not adhere to the standard of care must be held accountable for their mistakes.

If you or a loved one have suffered in any way at the hands of a negligent medical provider, contact the Mininno Law Office for a free consultation or call us at (856) 833-0600 in New Jersey, or (215) 567-2380 in Philadelphia.
Our team strive to earn full and fair compensation for those who have been seriously wronged by careless and negligent medical providers.

Medical Malpractice Lawyers Find Fault in Texas Tort Reform

In 2003, Texas government passed tort reform legislation regarding medical malpractice lawsuits within the state. The new legislation capped medical malpractice payouts at $250,000 per provider, with a maximum of $750,000 all together. It also stated that in order for emergency room physicians to be responsible for civil damages, they would have to act with “willful and wanton” negligence.
In other words, they have to purposefully and knowingly put their patients’ lives in danger.

A San Antonio medical malpractice lawyer, Jon Powell, commented on the “willful and wanton” standard, saying:

You’d have to be a Nazi death camp guard to meet this standard.

The liability caps and impossible standards are making victims of medical malpractice weary as they find that, in Texas, they simply do not have a case.

Medical Malpractice Leads to Amputation

new jersey philadelphia medical malpractice lawyers willful wanton connie spears texasConnie Spears, a 54 year-old woman with a history of blood clots, went the the emergency room at the Christus Santa Rosa Hospital in San Antonio, Texas, complaining of excrutiating leg pain. She was discharged with “bilateral leg pain” and told to follow up with her primary care physician.
Three days later, Connie’s legs were purple. An ambulance took her to another area hospital where doctors determined that a filter that had been installed in her heart years before was severely clotted, which led to tissue death in her legs, as well as kidney failure. Weeks later, Connie awoke to find that both of her legs had been amputated in order to save her life.

Now, she can’t find an attorney who will take her case, because in Texas, she doesn’t have one. Clear negligence exists, yet attorneys no longer have confidence in their judicial system due to the new standards set forth by tort reform. They also argue that this “willful and wanton” standard for medical malpractice allows for a serious decline in the standard of care provided to patients in Texas, and could allow Texas ER’s to become the most dangerous in the country.

Medical Malpractice Lawyers in New Jersey and Philadelphia

Tort Reform has significantly and severely damaged a medical malpractice victim’s chance at justice in Texas. Connie Spears will live the rest of her life without her legs due to a careless misdiagnosis, yet because of the standards Texas tort reform has put forward, she may never be able to gain the compensation she needs and is entitled to.

Medical malpractice affects many patients in the US, and victims should know that when doctors act negligently, they are liable for damages. If you or a loved one have suffered at the hands of a negligent and/or careless doctor, 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.
Let our team earn you the full and fair compensation that you need and deserve.

Nursing Home Abuse Lawyer Offers More Bedsore Prevention Tips

As a New Jersey and Philadelphia nursing home abuse attorney, I have recently posted on many topics involving nursing home abuse, especially in the areas of the prevention of pressure ulcers and bedsores. In our last post, we provided you with Tip #1 for avoiding bedsores.
It is our hope that these nursing home abuse and bedsore prevention tips will help nursing home patients and their families prevent pressure ulcers and bedsores from developing in a nursing home setting.

Tip#2 for Preventing Bedsores

A second tip from nursing home abuse lawyers to assist in the prevention of bedsores or pressure ulcers is to make up your own bed sore or pressure risk assessment daily chart and place it in the nursing home patient’s room. This risk assessment chart can be little more than a 8 x 11 calendar page printed from the internet which includes the following:

  1. The date;
  2. A line to indicate whether or not a nursing home worker has performed a pressure ulcer or bedsore risk assessment of the patient;
  3. A line to indicate what bed sore or pressure ulcer Braden score (see our latest blog about the Braden Scale) has been given to the nursing home patient by the nursing home staff; and
  4. A line for the nursing home staff member’s initials.

As nursing home abuse lawyers, we think this simple chart will help prevent bedsore or pressure ulcers from ever developing (enlarge it by clicking on the next miniature):


Download it (Right Click – Save as)

Why Will A Chart Assist in the Prevention of Bedsores?

Because, by law, a nursing home is not required to perform a daily pressure ulcer or bedsore skin assessment. The law only requires a pressure ulcer or bedsore skin assessment upon admission and at regular intervals, or with a change in condition. This law is the bare minimum standard of care required of a nursing home to prevent bedsores and pressure ulcers.
However, as New Jersey and Philadelphia nursing home abuse lawyers, we encourage nursing home patients and their family members to insist that nursing homes provide the best bed sore or pressure ulcer preventive care – not just minimal care. So, although it may seem odd to have your own home made bed sore or pressure ulcer risk assessment chart in your room, this is the best way to ensure that the nursing home staff is properly assessing you or your family member for bedsores or pressure ulcers.

Nursing Home Abuse Lawyers in New Jersey and Philadelphia

Bedsores and pressure ulcers cause the deaths of many residents in nursing homes and long term care facilities. Bedsores are very susceptible to infection, and for those whose immune systems are already weak, those infections can become impossible to fight off. Bedsore prevention is certainly key to a high quality of life for a nursing home resident.
If you or a loved one have suffered nursing home abuse, 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.

Let the team at the Mininno Law Office earn you the full and fair compensation you need and deserve.

Nursing Home Abuse Lawyers Offer Tips to Prevent Bedsores

new jersey philadelphia nursing home abuse attorneys tips prevent bedsores As a New Jersey and Philadelphia nursing home abuse lawfirm, we have frequently posted on many topics involving nursing home abuse and, in particular, pressure ulcers and bed sores. In this next series of posts, we will provide nursing home patients and their families with tips that may help prevent pressure ulcers and bedsores from ever developing in the first place. The old adage, “an ounce of prevention is worth a pound of cure,” is not an exaggeration when it comes to the prevention of nursing home abuse in the form of pressure ulcers and bedsores.

Tip #1 for Avoiding Bedsores

Tip 1: Make sure the nursing home has properly assessed the potential risk for a bedsore and pressure ulcer. Part of the law that governs nursing homes, 42 C.F.R. 483.25(c), relates to bed sores (also referred to as: pressure sores, pressure ulcers or decubitus ulcers):

Based on the comprehensive assessment of a resident, the facility must ensure that:
(1) A resident who enters the facility without pressure sores does not develop pressure sores unless the individual’s clinical condition demonstrates that they were unavoidable; and
(2) A resident having pressure sores receives necessary treatment and services to promote healing, prevent infection and prevent new sores from developing.

Nursing home abuse lawyers will always tell you that a bed sore or pressure ulcer risk assessment is the first preventive method for any patient in a nursing home or an assisted living facility. All bed-bound or chair-bound patients in a nursing home or nursing home patients whose ability to reposition themselves is impaired, are to be considered at a risk for pressure ulcers. As a nursing home patient, or the family member of a nursing home patient, the first thing you should do is ask the nursing home if they have assessed the potential risk of developing a pressure ulcer or bedsore in the chart.

What is the Braden Scale?

All nursing homes use the Braden Scale for Predicting Pressure Sore Risk to help identify nursing home patients who are at a high risk for the development of pressure ulcers or bed sores. As a nursing home patient or family member or a nursing home patient, you should ask to see the nursing home chart to determine what Braden Scale level of risk has been assigned to you or your loved one. A Braden Scale score of 12 or less is considered to by a “high risk” for that patient to develop a bed sore or pressure ulcer in a nursing home.
If the nursing home has not assigned a high risk for a pressure ulcer, bed sore or pressure sore to a nursing home patient, you should ask the nursing home why. This is the first step any nursing home patient should take to prevent a bedsore or pressure ulcer from ever developing.

Nursing Home Abuse Lawyers in New Jersey and Philadelphia

If your loved one has acquired a bedsore or pressure ulcer at a nursing home, you should seek the counsel of a nursing home abuse lawyer. You can 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.

Look for future posts from a New Jersey nursing home abuse lawyer on other preventive measures to prevent the development of pressure ulcers and bedsores.

Medical Malpractice Leads to Birth Injury in New Jersey

Just last month, a New Jersey jury delivered a $450,000 verdict in a medical malpractice case to the parents of a little girl who suffered a birth injury that resulted in Erb’s Palsy.

Medical Malpractice Attorneys Warn Against Shoulder Dystocia

A previous Mininno Law Office blog post (Birth Injuries Caused By Shoulder Dystocia) described the effects of Shoulder Dystocia during birth. Shoulder Dystocia is a very avoidable birth injury that can lead to Klumpke Paralysis, Erb’s Palsy, or fetal hypoxia. The New Jersey case involved Shoulder Dystocia during child birth that lead to the tearing of the brachial plexis (a series of nerves coming out of the cervical spine and running down the arm) in a baby girl that now lives with Erb’s Palsy.

Medical Malpractice Attorneys Advocate for Victims of Birth Injury

new jersey philadelphia Medical malpractice attorneys birth injury erbs palsy shoulder dystociaShoulder Dystocia occurs when the shoulder gets stuck behind the mother’s pelvic bone after the head exits the birth canal. Child births with high risk of shoulder dystocia include those of larger babies. In the New Jersey case, the baby weighed 9 lbs, and her mother weighed 300. It is also known that overweight mothers are more likely to give birth to heavier babies. Had an estimated fetal weight been made prior to the woman going into labor, a C-Section could have been discussed as an option. Instead, however, a vaginal birth was attempted, and after shoulder dystocia and excessive force by the OB/GYN, the little girl now suffers from from Erb’s Palsy.

Erb’s Palsy is a paralysis of the affected arm from shoulder to fingertips. Often, the condition requires close monitoring as it can also cause a delay in or stop to circulatory and muscle development in the arm. Skin healing also takes much longer, and the arm becomes much more susceptible to infection.

Nerve and tendon transfers are procedures often used to reverse the effects of Erb’s Palsy, as well as other procedures involving cutting and re-placing muscle. Normally, if full functionality has not been achieved by the age of one, chances are it never will be. Physical therapy can be utilized to help children and adults make the most of their handicap.

Medical Malpractice Attorneys in New Jersey and Philadelphia

A New Jersey or Philadelphia medical malpractice or birth injury lawyer will be necessary if your child suffered a birth injury to the negligence or bad judgement of a doctor. Only a medical malpractice or birth injury lawyer will be able to fight for you and your right to full and fair compensation.
If your child is a victim of a life changing birth injury, 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 earn you the compensation you need and deserve.

Nursing Home Abuse Leads to Unstageable Bedsores

new jersey philadelphia Nursing home abuse lawyers represent patients unstageable bedsoresIn our recent nursing home abuse post, we provided details regarding various forms of pressure ulcers and bedsores. These posts have provided information from a New Jersey and Philadelphia nursing home lawyer regarding Stage I, Stage II, Stage III and Stage IV pressure ulcers and bedsores. These four stages are the common types of nursing home abuse pressure ulcers and bedsores we encounter with our clients. However, some pressure ulcers cannot be categorized in the pressure ulcer or bedsore staging system above. These pressure ulcers or bedsores are called “unstageable“.
Sadly, as a New Jersey and Philadelphia nursing home abuse lawfirm, we are called upon to represent patients and family members of patients who have asked what it means to have an “unstageable” bedsore or pressure ulcer.

Nursing Home Abuse Lawyers Describe “Unstageable” Bedsores

According to the National Pressure Ulcer Advisory Panel (NPUAP), an unstageable bedsore is defined as the following:

Full thickness tissues loss in which the base of the ulcer is covered by slough (yellow, tan, grey, green or brown) and/or eschar (tan, brown or black) in the wound bed.

A further description from the NPUAP indicates that:

…until enough slough and/or eschar is removed to expose the base of the wound, the true depth, and therefore stage, cannot be determined. Stable (dry, adherent, intact without erythema or fluctuance) eschar on the heels serves as the body’s natural (biological) cover and should not be removed.

Therefore, if a nursing home tells you that a patient has an “unstageable” pressure ulcer, this merely means that the pressure ulcer has a scab on it (as described above) which does not permit a nursing home medical staff member to properly assess the depth and stage. However, an “unstageable” pressure ulcer is a serious medical problem. If you or a family member is in a nursing home and has a “unstageable” pressure ulcer you should demand that the patient be transferred to a medical facility for proper medical care.

Nursing Home Abuse Lawyers in New Jersey and Philadelphia

As a New Jersey and Philadelphia nursing home abuse lawfirm, we strongly encourage patients to be proactive in their pressure ulcer and bedsore care. Once you have your loved one transferred to the proper medical facility, 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.
You have paid a lot of money a rehab center or care facility and entrusted their staff with the life of your loved one. Bedsores are painful and potentially fatal complications that should not be taken lightly, and you may be entitled to compensation.

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

Nursing Home Abuse Costs a Man His Leg

In Washington state, a man lost a limb due to nursing home abuse and negligence.

Nursing Home Abuse Lawyers Protect the Helpless

new jersey philadelphia nursing home abuse lawyers patrick carson Patrick Carson is a schizophrenic who has spent most of his life in care facilities and rehab institutions. He was in his sixties when he entered the Burien Nursing and Rehabilitation Center in King County, Washington, and reports from the home show he also suffers from dimentia and heart disease. In October, 2009, Carson fell out of his bed and landed near a baseboard heater positioned dangerously close to his bed. His left leg landed directly on the heater. He laid there long enough to sustain third degree burns to much of the left leg and right foot. The injuries were so bad that the left leg had to be amputated.

Nursing Home Abuse Lawyers Fight Negligence

Yes, the incident could be regarded as simply an unfortunate accident, but not considering Carson’s history as a patient at Burien. The complaint filed against the home states that an alarm was supposed to be attached to Carson’s body that would sound should he fall out of bed. The home maintains that the alarm was present, but was crushed in the fall and therefore did not sound. Carson’s attorney questions the presence of an alarm at all, claiming that an alarm was prescribed after the fall and the burns took place.

The home also claims that due to peripheral neuropathy and a supplement for neuropathy called Nerve Renew, Carson did not feel pain and therefore did not scream after the fall, explaining the delayed response. But Carson’s guardian, Loralee McDonnell-Williams, will testify that he had total sensation in his knee when stitches were being removed, meaning he could indeed feel pain. A state investigator also stated that Carson communicated pain during a wound check.

Nursing Home Abuse Lawyers in New Jersey and Philadelphia

Patrick Carson lost a limb to negligent and inadequate care at a home his family entrusted with his life. Everyday, nursing homes and long term care facilities fall short on their promises to effectively care for the people that reside there.
If your loved one has been harmed by a negligent or abusive nursing home, 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. Let the Mininno Law Office team earn you the full and fair compensation you need and deserve.