Tag: tort reform

Health Care Reform versus Medical Malpractice Rights

There continues to be much debate about health care reform and how to achieve it for everyone. There have been people talking about and trying to push aside medical malpractice rights in favor of other medical rights and reform. The truth is that is two different topics and should be given two seperate debates. Health care reforms main goals are to make sure every person in this country has affordable health care coverage. That is great and even wonderful if it can happen, but it should not come at the expense of taking away other much needed rights of the same Americans we are trying to get medical coverage. If we get medical coverage for every person, but then take away their rights to file a complaint if injured while receiving  that medical care what are we as a country saying? Are we saying you can go to any hospital or doctor you want now because you are covered with insurance but we do not care if you are injured or we do not care how good that medical care is? This country needs medical coverage for everyone, we really do, but we also need to keep protecting the rights of those injured by medical errors and malpractice every year. Thousands of people with medical coverage still not receive proper medical care, due to errors, injuries, malpractice, and abuse. We as a country need good medical care, but we also need to protect our rights to voice our opinions and let them be heard if we are injured by a medical error. If health care reform pushes aside medical malpractice rights then we will just have yet another crisis on our hands. We need to think of people first and foremost and profits second. Medical coverage will not matter if the medical care is not good. This is why medical malpractice rights are still very important and cannot be pushed aside.

If you want to do your part to protect medical malpractice rights, write a letter to your congressmen or your editor and get the word out about how we still need these rights and they should not be taken away.

For more information on the health care reform and medical malpractice rights you may visit: www.peopleoverprofits.org

Patients should not have to Choose

Health care reform and what rights will be given and which ones will be pushed aside has been the subject of much public debate for many months now. One of the most recent concerns is that the Obama Administration may push aside malpractice reform and rights in order to push for other health care reform that may be more favorable to more people. This does not seem right. People should not have to choose between one of their rights to make room for another.

They should have their voices heard and their rights protected no matter where they are or who they are. There are millions of people that suffer each day in nursing homes from malpractice, abuse, neglect, and much more. They deserve to have their voices heard and rights protected as much as anyone else. If we choose to take away one very necessary right to make room for another, what are we saying to those nursing home patients and their loved ones?
Is this country saying that it does in fact care more about profits than people? If so, then something must be done to change this and make more voices heard. This is America where the rights of the people are supposed to come first before profits.

If you feel that health care reform is pushing malpractice rights aside to make room for other rights and want to do something about it, take action and write a letter to Congress and make your voice heard. Tell them that patient care and rights should not take second place to other rights. Speak up for your loved ones suffering from nursing home abuse and neglect.

If your loved ones have suffered from nursing home abuse and neglect and you want their rights to be protected and heard, contact a nursing home lawyer right away and let them help you get your voice heard for your loved one.

For additional information about health care reform and malpractice reform and to take action, you may go to this site.

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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Mininno Law Office: In The News

The following is a letter from John Mininno the Courier Post (South Jersey), published on May 24, 2008:

Re: “White House moves to make it harder to sue businesses” (C-P May 13).

Thanks to the Courier-Post for highlighting the Bush administration’s latest “war” — this one against people who have been injured by defective products. As reported, big business, pharmaceutical giants and insurance lobbyists have spent their considerable resources lobbying the White House to use federal agencies such as the Food and Drug Administration (FDA) to implement rules making it virtually impossible for victims to be compensated when injured, killed or maimed by defective or dangerous products.

Congress and the courts have both previously rejected this back-door tactic. Why? Probably because of the outrage from American consumers who, this year alone, have seen toxic dog food, poison toothpaste, lead paint toys, unsafe child seats, contaminated heparin and dangerous drugs such as Vioxx and Trasylol. Every day, hundreds of lives are lost and thousands are injured from defective products, drugs and malpractice.

The Bush administration’s secretive tactics seek to take away our constitutional right to a trial by jury in civil cases. Juries make our community safer by ensuring defective product manufacturers, drug companies and negligent doctors meet their full responsibility for any harm they cause. If a drunk driver chooses to get behind the wheel of a car and kills a working father, shouldn’t his family have the right to go to a jury and seek full compensation? Why, then, should a large corporation be shielded from a jury when it produces a dangerous or defective product that hurts our loved ones?

If the insurance lobbyists and the Bush administration truly want to use federal agencies such as the FDA or the Consumer Product Safety Commission to “curb lawsuits,” then I suggest they require these agencies to focus on their real mission. Ensuring that products and drugs are thoroughly tested and deemed safe before making their way to American consumers. Safe consumers have no reason to file a lawsuit. It’s really just that simple.

JOHN MININNO

Collingswood

Do People File Frivolous Medical Malpractice Suits To Get "Time and Attention" From Their Doctor?

What is the real reason behind the medical malpractice crisis in this country? Could it be medical malpractice victims and “unethical lawyers” who file lawsuits solely for “time and attention” from the physician? Apparently, that”s what some doctors think.

Example number one is this quote from the doctor at Brain Blogger:

Studies have shown that patients who ultimately file a lawsuit are looking for something from the physician. Usually it is time and attention and not money. Unfortunately, money typically is the solution when it gets to that point. Unfortunately, given that the system is set up so that physicians settle out of court, the physician can be penalized by frivolous claims.

Wow-that”s a new one. Let me see if I have this straight. A person who is now unable to work and permanently disabled after a bad doctor makes a careless mistake is only bringing a lawsuit because they want the doctor”s “time and attention?”

Where is the research to support this conclusion? Has he actually talked to patients who have been victims of malpractice? Has he spoken to a young mother is permanently disfigure because a bad doctor misread her mammogram?

Here”s another doctor quote to add to the mix. The doctors over at Physician Entrepreneurs are encouraging all physicians to “band together” against frivolous medical malpractice suits. Here is the main argument from the post:

Doctors who have had enough with frivolous lawsuits have banded together to analyze frivolous lawsuits and take action to discourage unethical lawyers, their paid “experts”, and others from participating in future lawsuits .Medical Justice, launched in 2002 is a membership-based organization designed to complement tort reform and head off frivolous lawsuits.
The service started by a neurosurgeon and attorney has two important components. First, they look at the quality of the so-called expert-witness testimony..

These doctors have started a whole organization to stop “frivolous lawsuits” brought by “unethical lawyers.” Sounds pretty noble right? Not when you stop to look at the facts.

What benefit does a lawyer get for filing a frivolous lawsuit? Number one, there are sanctions and penalties against such actions. Number two (and most importantly), it would make no economic sense whatsoever for a lawyer to file a frivolous medical malpractice lawsuit. Malpractice lawyers work for free – which means that they do not get paid unless they win. Therefore, the cost of experts, research, medical records, etc. is financed personally by the attorney. If they lose or the case is thrown out, the only person that takes a hit is the lawyer. Why then would any business person in their right mind waste resources on a case that has no merit. Here, at MinFirm we screen out and reject about 100 cases for each one we take. Each case is screened by a lawyer, a nurse and a doctor before it ever gets to court.

Like MinFirm, most malpractice attorneys are very selective in the cases that they take. Lawyers may have a reputation for a lot of things, but they are definitely not stupid. And in my opinion, putting out thousands of dollars to bring a frivolous lawsuit is stupid.

It”s even more stupid to suggest that victims of malpractice bring suits for “time and attention” from their doctor. I”m pretty confident that people can find a more constructive way to make friends and get attention than submitting themselves to scrutiny by defense lawyers hired by billion dollar insurance companies.

Sounds to me like these “doctors” are really just the mouth pieces for the insurance industry lobbyist. The majority of good caring doctors believe that patients are entitled to be fairly compensated for injuries by bad doctors. The insurance industry efforts would be better spent “banding together” measures to implement safety procedures and standards to stop incidents of medical malpractice and weeding out doctors that carelessly hurt people.

For further information on medical malpractice lawsuits in New Jersey or Pennsylvania, click on the following link:
Medical Malpractice Lawyer In NJ

23 Facts About Medical Malpractice

Doctors and politicians like to blame attorneys for the high cost of malpractice insurance but the truth is that doctors make severe errors that hurt or kill thousands of patients each year. Here are the facts.

  1. 98,000 deaths each year are due to medical errors. – Institute of Health, National Academy of Sciences (1999)
  2. Deaths by medical errors each year exceeded the number of deaths due to motor vehicle accidents, breast cancer and AIDS. – Institute of Health, National Academy of Sciences (1999)
  3. More than 10% of common surgical procedures are unnecessary or inappropriate. – USA Today(7/24/02)
  4. In the year 2000, the Center for Disease Control found that there were 90,000 deaths due to hospital infections.- Chicago Tribune (7/21/02)
  5. In West Virginia, 40 doctors were found to account for 25% of all of the 2,300 cases of malpractice reported to the West Virginia Board of Medical Examiners since 1993. – West Virginia Gazette Mail
  6. Full and prompt disclosure of medical errors to the patient followed with fair compensation for the injury caused has reduced litigation costs in Veterans Hospitals. – United States Department of Veteran Affairs
  7. Medical errors kill more people each year than auto accidents. – Paul C. Weiler, A Measure of Malpractice: Medical Injury, Malpractice, Litigation and Patient Compensation (1993), Harvard University Press
  8. Medical errors produce more permanent disabilities than do workplace accidents. – Paul C. Weiler, A Measure of Malpractice: Medical Injury, Malpractice, Litigation and Patient Compensation (1993) – Harvard University Press
  9. In New Jersey if a physician has been sanctioned by the Board of Medical Examiners, consumers can find out nothing about the complaints or disciplinary action. – Asbury Park Press (1/31/02)
  10. Getting a formal hearing with the New Jersey Division of Consumer Affairs and its Board of Medical Examiners can take a member of the public up to 2 years. – Asbury Park Press (1/30/02)
  11. Doctors disciplined for gross negligence received on average 3 month suspensions. – Asbury Park Press (1/28/02)
  12. An Asbury Park Press Review of 483 disciplinary records since 1995 showed the Board of Medical Examiners issued reprimands to 3 doctors in 3 cases court. – Asbury Park Press (1/30/02)
  13. 20,000 physicians, or 5% are alcoholics, drug addicts, senile, criminals or are incompetent and should not be practicing medicine. New England Journal of Medicine (10/5/87)
  14. Only 1,974 doctors out of 623,000 doctors nationwide were disciplined as a result of their actions. This represents .32% or 3.2 doctors out of 1,000. – Public Citizen Health Research Group Report, September 1993
  15. States do not have the resources available to adequately investigate claims and discipline doctors. 53.6% of the doctors disciplined by the Drug Enforcement Administration (DEA) and 44.6% of the doctors disciplined by Medicare were not disciplined by the states in their disciplinary process. – Public Citizen Health Research Group Report, September 1993
  16. In the year 2000 nearly 3/4 of the deadly infections found in hospitals-or about 75,000-were preventable, the result of unsanitary facilities, germ-laden instruments, unwashed hands and other lapses. – Chicago Tribune (7/21/02)
  17. Deaths linked to hospital germs represent the fourth leading cause of death among Americans, behind heart disease, cancer, and strokes. – Chicago Tribune (7/21/02)
  18. Hospital infections kill more people each year than car accidents, fires and drowning combined. – Chicago Tribune (7/21/02)
  19. Strict adherence to clean-hands policies in hospitals cold prevent the deaths of up to 20,000 patients each year. – Chicago Tribune (7/21/02)
  20. Since 1995, more than 75 percent of all hospitals have been cited for significant cleanliness and sanitation violations. – Chicago Tribune (7/21/02)
  21. About 2.1 million patients each year, or 6% will contract a hospital-acquired infection. – Chicago Tribune (7/21/02)
  22. The deaths of 2,610 infants in the year 2000 were linked to preventable hospital-acquired infections. – Chicago Tribune (7/22/02)
  23. Diagnosis of breast cancer was delayed in 9% of patients in a recent study because physicians wrongly ascribed a benign status to a palpable mass. – Archives of Internal Medicine (6/24/02)

If you or a loved one has been harmed by medical malpractice, you may have a claim for damages. For more information, please go to the New Jersey Medical Malpractice Attorneys page.

John R. Mininno, Esq.is a New Jersey and Pennsylvania trial lawyer representing clients in medical malpractice, defective products and other serious injury claims. He also writes about issues concerning patient safety. His offices are in Collingswood, NJ and Philadelphia, PA.