Josephine Ferhat, an 83 year old Nevada woman, hit a temporary road block in her search for justice. Ferhat’s husband, William, had died in a nursing home due to what Josephine suspects was neglect. Ferhat brought a lawsuit against TLC Long Term Care Center but Judge Jennifer Togliatti, of Clark County, granted summary judgment in favor of TLC. In a large win for Ferhat, the Nevada Supreme Court overturned the district judge and stated that Josephine Ferhat should have been granted more time to gather evidence. Bed sore attorneys say that the plaintiff will now be able to continue her lawsuit against the nursing home.
Nursing Home Neglect May Have Led to Bed Sores, Death
The plaintiff claims that TLC failed to properly monitor and care for her husband while he was under their supervision. According to the complaint, William’s diapers were not changed regularly and often times they would not be removed for extensive periods of time. Even worse, bed sore attorneys say that the complaint alleges that the patient was not regularly rotated in his bed, which lead to extreme bed sores. The bed sores continued to worsen and eventually became seriously infected. In a tragic turn of events, the bed sores led William Ferhat to become septic and later led to his death. The worst part about this tragic story is that bed sores are completely avoidable and treatable. Had the patient been routinely monitored and rotated, it is likely that this pressure would not have built up and the skin would have remained intact. It is essential to monitor those individuals who will remain in certain positions (especially in wheel chairs and hospital beds) for extended periods of time. Bed sores should never result in death as they did in William’s case.
Bed Sore Attorneys of New Jersey and Philadelphia
If your loved one has recently suffered from a bed sore, you may have questions regarding your legal rights for bed sore attorneys. In cases where you suspect that neglect or mistreatment played a factor in the development of the bed sore, contact the Mininno Law Office for a free case evaluation. You may also call for a free consultation in New Jersey at (856) 833-0600, or in Philadelphia at (215) 567-2380.
Medical malpractice lawsuits begin with the filing of a complaint with the court in the appropriate jurisdiction. Once the process begins, both sides undertake discovery in an effort to uncover as much relevant information and evidence as possible prior to trial. This information must be shared between the two parties, as to avoid any surprises by the time the case reaches trial. Plaintiffs and defendants are able to negotiate before the trial in an effort to reach a settlement. If no agreement is reached, the parties will be forced to argue their case at trial. Medical malpractice attorneys strongly believe that plaintiffs need to fight for just compensation due to negligence, whether it is through a settlement or trial.
Acquiring Information and Proving the Case
During discovery, each party will conduct interrogatories, depositions, and file many requests for documents, in an effort to get to the bottom of the controversy. The plaintiff is required to prove each and every element of negligence (by a preponderance of evidence in civil court) in order to prevail in his or her medical malpractice claim. The first element is that the defendant (the physician, nurse, or hospital) owed a duty to the patient, such as caring for them or providing treatment.
Medical malpractice attorneys say that the second element of negligence is that the defendant breached his duty of care. When a defendant fails to live up to his duty as a professional caretaker, this duty is breached. Third, a plaintiff must show that the actions of the defendant, through the breach of his duty, directly caused the injury that has been sustained.
Finally, lawyers need to prove the plaintiff’s damages. Even if a doctor, nurse, healthcare provider, or hospital has been negligent (and fulfilled the first three elements), there is no claim without losses. Once the medical malpractice attorneys present and prove the plaintiff’s case, the injured party will be awarded damages from the fact-finder as compensation.
Medical Malpractice Attorneys in New Jersey and Philadelphia
If you have recently undergone surgery and have been the victim of medical malpractice or negligence, it is likely that you may wish to speak with medical malpractice attorneys. Please contact the Mininno Law Office for a free case evaluation, or call for a free consultation at (856) 833-0600 in New Jersey, or (215) 567-2380 in Philadelphia.
Medical malpractice attorneys in the state of North Carolina strongly disagree with the current debates within the state legislature.
Legislators in Raleigh, NC are in search of a manageable way to reform the medical malpractice laws within the state. Medical malpractice attorneys, on the other hand, find this to be extremely detrimental to potential victims of negligence whose sole means to recovery comes through the judicial system.
Damage Should not be Limited when a Jury Finds Liability
The legal system uses money damages in many different ways. Compensatory damages are generally used to compensate the plaintiff for any harm that the defendant has caused. Punitive damages are used to set an example and punish a defendant for particularly egregious harm. One particular portion of the legislation in North Carolina that has medical malpractice attorneys “up at arms” is the $500,000 cap on non-economic money damages. This means that damages that go beyond mere lost wages and the cost of medical care that were caused by medical negligence would now be limited. This is a debatable position for the legislature to take because many cases involve specific circumstances in which pain, suffering, loss of consortium (spousal loss of companionship and affection), hedonic damages (loss of life’s pleasure), and many other non-economic losses will far eclipse the proposed cap.
It is hard to say that a child who loses a limb or a mother who loses her voice due to medical malpractice should be limited in their recovery. The legislature defends the current debate because of the unpredictable nature of pain and suffering awards which lead to ever increasing malpractice insurance premiums within the healthcare industry. The debate will surely rage on within the states and in Washington, but medical malpractice attorneys hope that an individuals’ right to bring a lawsuit when they have been harmed is not limited by an overbearing legislative decision.
Medical Malpractice Attorneys in New Jersey and Philadelphia
If you have recently undergone medical treatment but something went wrong which you believe is attributable to medical negligence, you probably have some questions. Please contact the Mininno Law Office for a free case evaluation, or call for a free consultation at (856) 833-0600 in New Jersey, or (215) 567-2380 in Philadelphia.
Our team is dedicated to earning full and fair compensation for victims of medical negligence.
In late April, Carol Renna was awarded $400,000 by a jury in Northampton County, Pennsylvania. The lawsuit derived from multiple visits made by the plaintiff to different doctors. Ms. Renna wanted to have two large masses in her breasts examined. Medical malpractice lawyers believe that this is an extreme case of negligence because if the problem is not properly detected, breast cancer is often deadly.
Medical Malpractice Lawyers Argue the Necessity of a Follow-Up
Ms. Renna originally found two masses in her breast in April of 2004. She visited her primary care physician but was soon referred to Dr. Mark Schadt. In the month following Renna’s discovery, Schadt conducted a fine-needle aspiration biopsy in an effort to determine whether cysts in the breast were cancerous. The initial results came back negative. The fine-needle aspiration biopsy is acceptable for some women in particular cases, but more extensive examinations such as a core-needle biopsy or an open biopsy are often necessary.
The following March, Renna returned and was once again given a fine-needle aspiration. Unlike her previous test however, these results came back positive for cancer. In April of 2005, the plaintiff underwent an excisional biopsy, which entails removing cysts and other surrounding area. Following the more invasive biopsy, Renna learned that she had invasive carcinoma stage III. Following this traumatic and shocking discovery, Renna was forced to undergo a simple mastectomy on her left breast and a radical mastectomy performed on her right breast. Medical malpractice laywers point out that a competent doctor should have followed up the initial fine-needle aspiration biopsy with a more complete biopsy to test a large sample of tissue.
Medical Malpractice Lawyers in New Jersey and Philadelphia
If you have recently undergone a procedure and you are still in pain that you believe may be attributed to negligence, it is possible that you have questions that only medical malpractice lawyers can answer. 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.