Tag: right to sue

New Malpractice Idea: Will it Help or Hurt Patients?

President Barrack Obama is willing to consider alternatives to medical malpractice lawsuits by replacing them with such alternatives like appointing neutral experts for both political parties to look at medical appeals and allegations. The goal for this new idea seems to be to address medical liability and to cut malpractice insurance premiums for doctors. Okay, maybe it is a long process to go through a jury trial with a lawyer but weren’t the courts and justice system created for just that purpose to bring justice to the party that has the injury or suffered from medical malpractice. It seems to be that this new idea is only favoring doctors who are afraid of being sued later. All trial lawyers are trying to do is see that their clients, who are former patients of these doctors received the proper care possible. Once again this new idea seems to be in favor of only saving money and not actually helping the patients who need proper medical care. If so many doctors worried less about how much money everything was costing and focused more on proper medical care for all their patients then they would not have to worry about medical malpractice lawsuits. If though however, a medical error or problem does occur then in this country by law that person or patient is entitled to a trial and entitled to justice being done for them and their families. This new idea seems to be taking away trial rights in favor of saving money for doctors and insurance. People should continue to come first; money needs to stop doing all the talking.

For additional information on this new malpractice idea and the health care debate, you may visit this link

 

If you or a loved one has suffered due to a medical error, please contact a medical malpractice attorney right away. They will help make sure your case is heard and you get the medical care you deserve.

Chamber of Commerce Attacking Legal System through Radio Ads

In this country, we all have the right to hold another person or party, or even corporation responsible for their acts of negligence, malpractice and other cases of harm. Recently, the Chamber of Commerce has entered the radio advertisement arena in an attempt to protect its high standing members from these lawsuits and claims of negligence. They claim that this is to protect people from meaningless lawsuits, but these ad campaigns are supported by the same people that the Chamber of Commerce is trying to protect, including oil, tobacco, and insurance companies. It seems to like the Chamber of Commerce does not really care about proper care and practices for individuals and Americans, it seems like they care more about protecting their highest paying and loyal supporters. Once again money is put before rights and in this country people have fought for those rights and they deserve the chance to exercise them when the situation calls for it. People’s rights and needs should come first before money, but once again, this is not the case. If people listen to the ads of the Chamber of Commerce than people will not be able to sue for neglect or abuse of a loved one in a nursing home, or a injury due to a product defect or the injuries that can error due to improper label of products. If the members of the Chamber of Commerce were injured due to malpractice they would want to have the right to sue, so other people deserve this right as well.

For additional information on the Chamber of Commerce radio campaigns, you may visit:

http://www.politico.com/news/stories/1009/28211.html

 

If you or a loved one feels you have been injured due to medical negligence, please contact a malpractice attorney right away. They will help you get your voice heard and your rights protected.

Tort Reform is Hurting More Than Helping

As the health care debate continues, so does tort reform. While some efforts have been made to help protect patients and their rights, there is still tort reform that is trying to cut costs and because of this there are still many people that are unable to get proper medical care and unable to fight for their rights to it. If tort reform continues the way it has, it is hurting more people than it is or will help.  Cutting costs and providing coverage for everyone is a great idea, but it is only great if it actually helps people to get the care they need and to have the services they need to fight for proper medical care if it is not given.  They are still many people being injured daily because of medical errors and malpractice. They are still many elderly being abused in nursing homes due to improper medical care. It is great that programs are trying to be put in place to cut down on medical malpractice lawsuits but what about just cutting down on the actual malpractice? If patients receive proper medical care, including checkups, treatments, evaluations and more, then we can worry less about lawsuits because the medical care will be better. Until medical errors are dramatically reduced and programs are put in place for more adequate medical care than people still need malpractice rights and lawyers to help them advocate for their rights to proper medical care. Tort reform may try to cut costs all it wants, but people still need their rights and one of these rights is their right to sue for medical malpractice. These rights are there to help those hurting.  Tort reform has only hurt more and not helped.

If you would like more information on the health care debate and tort reform, you may visit:

This link.

If you or someone you loved has been injured or denied proper medical care, contact a malpractice lawyer right away. They will help you fight for your rights and get your voice heard to help those you love.

FDA requires Strongest Warning Label on Nausea Drug

On Thursday September 17th the Food and Drug Administration required that the strongest warning label be placed on a nausea drug known as Phenegran. This new warning label is due to the fact that after Diane Levine took this drug through an IV push for migraine related nausea and it then led to infection and gangrene. This caused her to have to have her lower right arm amputated. She sued the drug company Wyeth claiming that the warning label was not sufficient enough to warn against the effects of this drug especially in an IV push. This case made it to the Supreme Court and won Diane 6.7 million dollars. This then led to the FDA requiring this strong warning. This will warn users and medical professionals about the possibility of gangrene and also to let them know that IV drugs should be used in low doses and low concentration. This warning is the FDA’s strongest and is called a “black box” warning. The Court agreed that having the Food and Drug Administration’s approval and new warnings help cut down on medical device lawsuits.

For more information on Food and Drug Administration and  improper warning labels you may visit:

This link.

If you or a loved one have experienced a situation similar to this or have been injured due to a medical device or product, please contact a defective product lawyer right away. They will help you fight for your rights to be heard and get the care you or loved one  deserve.

Should a Price Tag be put on Good Medical Care?

There has been much debate about health care over the last few months. One of the issues that is being brought up over and over again is whether or not tort reform and limits on malpractice suits actually will save money. Some people say it does because doctors will not have to spend so much money ordering special tests and treatments for patients when it may not be needed. Should a price tag really be put on good medical care? What if a doctor did not order a test or treatment because they thought it was not needed and then later discovered that it could have helped? For situations like these that happen every day in millions of hospitals, doctor’s offices, and nursing homes in every state, we still need our malpractice rights. It is still possible that even with universal coverage those doctors may make a medical error either because they want to cut a cost or because they just did not pay enough attention. States that have medical malpractice caps and tort reform are not actually saving any more money than those who do not have them. So why should we deny patients the right to good medical care and treatment when we are not really saving any money by doing so? Everyone, even the doctors that see patients every day, should have the right to speak up if their medical care is inadequate or if there is a problem. This should be a basic right as a person and an American. Malpractice caps do not save money on health insurance so why take away a person’s right to good medical care and treatment and the right to sue if they do not receive it? The logic just does not make sense.

People in this country have the right to free speech as well as many other rights and that should always include the right to speak up about medical errors and malpractice. These rights should be totally different than the health insurance debate because there should not be a price tag on person’s right to good proper medical care.

If you would like more information on the health care debate and malpractice rights, you may visit this link.

If you or a loved one has been injured or abused due to improper medical care, contact a medical malpractice lawyer right away. They will help you advocate for your right to be heard and receive the care you deserve.

New Jersey Governor Signs bill concerning Patient Safety

 

When a Patient goes in to the hospital, they expect and deserve to receive the proper medical care and attention. Most patients believe they will be better when they leave the hospital than when they came in to the hospital. Unfortunately, there have been many times where a patient comes in with one illness or problem and leaves with a new and different illness because of medical malpractice.  For example, otherwise healthy patients have been known to leave hospitals with factures, punctures, transfusion reactions, drama from birth and even surgery done in the wrong place. This has caused many patients much more worry and pain than before they entered a hospital.

 New Jersey is now one  of the first States to take action on this problem  In fact the Governor of New Jersey signed a bill yesterday, August 31, 2009 that will require the Department of Health and Human Services to report safety measures for patients on a hospital by hospital basis. This bill will also help protect patients from being charged for a hospital’s medical error.  This bill means that each hospital and all their procedures will be checked and reported on annually and then additional safety indicators may be regulated by the Commissioner of Health and Senior Services. The Department of Heath and Senior Services will include the following patient safety indicators in their reports:

  • forgein body left during a procedure
  • post operative hip facture (a facture after surgery)
  • latrogenic pneumothorax
  • postoperative hemorrhage or hematoma
  •  postoperative deep vein thrombosis or pulmnary embolism
  • postoperative sepsis
  • postoperative wound hiscence
  •  accidental pucture or laceration
  • transfusion reaction
  • birth injuries
  • Obstetric trauma- vaginal delivery with instrument
  • Obstetric trauma- vaginal delivery without instrument
  • air embolism
  • surgery on the wrong side, wrong body part, or wrong person, or wrong surgery performed on a patient

This list consists of concerns and conditions that can happen to a patient if the hospital is not following safety regulations. Some of these are minor and some of them are very serious. Never the less, they are all very important are things that should “never” happen in a hospital. They are called the “never events” for this reason.

 The Commissioner may consider recommendations from the Centers for Medicare and Medicaid, as well as the Commissioner requesting studies from the Quality Improvement Advisory Committee on how to get public reports on patient infections, bed sores,  ulcers, or falls by patients while in hospital care. 

This bill signed by the Governor yesterday on August 31, 2009 is another step towards better patient rights and patient care. After all, when you enter a hospital as a patient you should know that you are getting the best care possible. If you are not, you should be able to fight for your right to better patient care and services.

If you feel that your rights have been violated under this new bill, contact a New Jersey Malpractice lawyer,  right away for help regarding your rights.

 For more information regarding this bill and your rights you may visit:

New Jersey State Legislature

 

Chamber of Commerce: Business As Usual at a Theater Near You

In what seems to be an endless bombardment of spin campaigns, the chamber of commerce has now cracked into the movie business, by releasing a trailer to be shown in Washington, D.C. area theatres. Titled’ “The Faces of Lawsuit Abuse,” The Chamber has once again launched an attack against the world’s best legal system in an attempt to shield their exclusive members from lawsuits.

By shamelessly exaggerating isolated issues of what some would call questionable legal practices, the chamber is attempting to invalidate the entire civil legal system of the United States. Although they insist that their goal is to protect everyday citizens from greedy trial attorneys, the truth is that this campaign is just a new phase of their longstanding credo that negligent corporations should never be held accountable. Period.

The consequences of the chamber reaching their goal would be disastrous. Throughout American history, the legal system has combated against the corporate structure and won the right to protect its citizens from the profit driven manufacturers of today’s modern society. From the food we eat, to the toys our children play with, all products sold to consumers today would not be nearly as safe as they are if it were not for the modern legal system. If the Chamber had its way, parents would have never been able to sue when a defective crib killed their child, veterans of Vietnam would not have been compensated for their exposure to deadly toxic agents, and citizens would have never been properly warned of the dangers of tobacco.

The irony of it all is, that while the Chamber doesn’t want everyday Americans to use the legal system, they are actually one of the biggest lawsuit-filers in Washington. Except in their case, Chamber sues on behalf of Wall Street banks, oil companies, and lead paint manufacturers.

Let the government know how you feel about this immoral attack on the best legal system in the world. Write to your local and state representatives and let them know that you do not want the Chamber of Commerce walking on our constitution in order to protect the wallets of its contributors.

Medical Malpractice Attorney in NJ

Legal Side Effects or Legal Remedy?

In May’s issue, Kate Wilcox stated that a recent U.S. Supreme Court’s decision left drug companies “wide open for lawsuits” because it allowed juries to hold negligent drug companies accountable for harm they cause. The principles expressed by the Supreme Court in the Wyeth decision require federal regulations to improve transparency and public participation in the FDA regulatory process. Also, the decision recognized the state civil justice system provides an additional protection against billion dollar pharmeceutical companies when government regulations fail, and therefore agencies must limit their attempt to preempt state law, except in cases when Congress has explicitly stated its intent to do so. The decision upholds laws that are much needed, especially in light of the long standing practice of pharmaceutical companies to sponsor and pay for the, “research,” of the drugs they make. This practice allows the companies to market the drug’s positive effects while concealing the dangerous side effects that harm patients. The Court’s decision upholds important constitutional rights afforded to all citizens in this country and should be welcomed by a journal that promotes scientific study.

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A father’s day gift: support the “fairness in nursing home arbitration act”

Imagine the scene.  You are sitting with your elderly dad in a nursing home’s admission office. On the floor are suitcases packed with his clothes, personal belongings, family photos and memories. You watch as the admission officer hands over a package containing hundreds of forms that need to be signed.  His hands shake as he begins to sign the forms.  Moments later, he is taken to his new “home” where, you know, he will live out the rest of his life.

While it is undoubtedly painful, putting Mom or Dad into a nursing home is sometimes necessary when they require around the clock care. In general, a nursing home’s admission office is frequently the scene of tears and anguish from grown children overwhelmed by the guilt of abandoning a parent to the home.

However, according to recent reports, insurance carriers and corporate nursing homes are seeking to capitalize on this vulnerability by sneaking a contract clause into the preadmission forms that take away rights guaranteed by the US Constitution and the Constitution of 48 states. This includes Mom or Dad’s right to a jury trial, the right to attorney’s fees and, the right to the full measure compensatory damage and/or punitive damages in the event of nursing home abuse or neglect.

Nursing homes present these clauses as a “take or leave it” deal. There is no mutuality.  Mom or Dad is not permitted an opportunity to negotiate the terms and no lawyer is present to advise them. They are kept in the dark regarding the problems that persist in the nursing home industry and, protecting their legal right is the last thing on their mind as they sit in the admission office with their suitcases and belongings.  If Mom or Dad refuses to sign, they are turned away from the door of the nursing home, despite their need for round the clock care.

At this point, you may be wondering why insurance companies and big corporate nursing homes try to slip these clauses into every contract?  For starters, they recognize the vulnerability of Mom or Dad during the admissions process.  Also, by taking away Mom or Dad’s right to gain access to the courts, corporations no longer have to worry about their wrongdoing being exposed. Access to the courts is our most effective means of holding companies accountable for their actions. Forcing Mom or Dad to waive their rights to sue is just another way corporations place themselves above the laws that are created and intended to protect us.

In our civil justice system, wrongdoers are supposed to be held accountable for the harm they cause.  Innocent victims are also entitled to be compensated for the full measure of their loss. That is why this Father’s day, we should commit to support the “Fairness in Nursing Home Arbitration Act of 2008,” which is presently pending before Congress.  This measure is supported by the AARP and has received additional bipartisan support from elder care and human rights foundations across the country.

As a gift this father’s day, I encourage you to write a letter to your local Congressman and state Senator regarding this bill (HR 6126 and S. 2838).  In the letter, please urge Congress to act swiftly to outlaw pre-dispute, binding mandatory agreements in nursing home settings.  With your help, senior citizens around the country will be given back their right to hold bad nursing homes accountable for the pain and suffering they have caused.  In my opinion, there is no better way to say thank you to our fathers than by ensuring that they will be treated with dignity and respect in the final stages of life.

Related Information:

New Jersey Lawyers – Nursing Home Abuse