Tag: wisconsin

A bill is currently working its way through the Wisconsin Legislature that would limit the admissibility of certain types of evidence in medical malpractice cases. Medical malpractice attorneys believe that this bill, which is part of a larger tort reform plan, may be over reaching. The new law would not allow courts to consider an apology, expression of condolence, or expression of responsibility by nurses, doctors, or other healthcare providers as evidence of malpractice.

The Two Debating Sides

medical malpractice attorneys in nj and pa Sandy Pasch originally wrote the bill in an attempt to disallow courts to consider healthcare provider’s apologies, but since the bill became more expanded, she elected to vote against the bill. Pasch, a nurse, was quoted as saying,

It would negate whistleblowers who call up and say to a family member I’m so sorry your husband died, we’ve been having problems with that equipment and I had to come forward, we cant take another death.

A vocal leader on the other side of the debate is Mark Grapentine, who is the spokesman for Wisconsin Medical Society, and is in favor of the new bill. Grapenstine said,

oftentimes a physician will accept responsibility even if he or she has no idea if something was the result of negligence or not. It’s kind of the human part of making someone feel better. We don’t want to have physicians worrying about what words they say and whether they’re being interpreted as an admission of fault or not.

Medical malpractice attorneys believe that, in some circumstances, the dialogue between healthcare providers and patients could be pertinent and it would be a mistake to broadly outlaw all comments, as this bill attempts to do.

Medical Malpractice Attorneys in New Jersey and Philadelphia

If you or a family member have recently been the victim of medical negligence, it is possible that you would like to speak with our 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.

It is very important to remember how vulnerable the elderly are when it comes to temperature. Now that summer is here and the temperature is rising, it is crucial that you check up on your elderly loved ones to make sure that they do not overheat. Properly working air conditioners and fans are vital to their heath and well being during the summer months.

Nursing homes and long-term care facilities are responsible for maintaining the health of their residents. Nursing home neglect is a serious issue, and heat exhaustion is a very easily preventable form of neglect.

Elderly Man Left in Record Heat for Three Hours

new jersey philadelphia Nursing Home Neglect lawyers report Heat Exhaustion DeathA 69-year-old nursing home resident died on Tuesday, June 7th after care workers neglected to bring him inside for over three hours. Martin Belkin, who lived at Sunrise Care Center in Milwaukee, Wisconsin, had a history of medical problems. He asked care workers early Tuesday afternoon to be taken outside in his wheelchair. He was left in the heat for over three hours, from 2:45 p.m. until 6:00 p.m. He was found unresponsive. Tuesday was a record high for Milwaukee, reaching 97 degrees at 3:47 p.m. A staffer at the medical examiner’s office asked for a reading of Belkin’s body temperature just before 8 p.m. That reading relayed that Belkin’s body temp was 101.4 degrees. The Milwaukee County Medical Examiner’s Office will be conducting an autopsy this week to determine if Tuesday’s heat was the official cause of Belkin’s death.

Nursing Home Neglect Lawyers in New Jersey and Philadelphia

If your loved one is currently a resident of a nursing home or care facility and you are worried that the care they are receiving is negligent, abusive, or inadequate, 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.

On Tuesday, the Wisconsin State Senate passed new tort reform measures that have opponents (patients, patient advocates, medical malpractice lawyers, consumer advocacy groups) “up in arms.” The bill, which is now headed to the Assembly, could severely limit liability to medical providers who commit medical malpractice in hospitals and nursing homes.

Tort Reform Hurts Patients

new jersey philadelphia medical malpractice attorneys Tort Reform Strikes Again WisconsinThe business community is thrilled by the bill the Senate passed this week. Of course they are; the new measures make it harder to get sued! Patient advocates, however, view the bill as a shield for medical providers who injure or abuse in nursing homes, or who practice careless, dangerous, and sub-standard medicine.

Provisions of the bill include:

  • Limiting non-economic damages. These damages include payment for loss of companionship, mental distress, or pain and suffering, among others. Payment would max at $750,000 for medical malpractice cases in nursing homes. The $750,000 cap is already in place for medical malpractice cases in hospitals or private practices.
  • Limiting punitive (punishment) damages. Punitive damages would be reduced to $200,000, or twice the amount of compensatory damages – whichever is higher.
  • Raising the criteria for winning punitive damages. With the passage of the bill, plaintiffs will have to prove that the accused acted with “intent to cause injury to a particular person,” or with the knowledge that their actions would lead to an injury.
  • Preventing the admission of certain reports as evidence. Reports from state regulators, or statements from employees of a health care provider, would no longer be admissable as evidence in civil or criminal cases.
  • Changing Expert Standards Qualifications for those who can provide expert testimony would be raised.

The bill’s provisions could do a lot of harm to a patient’s right to compensation for serious injuries caused by medical malpractice or nursing home abuse.

Medical Malpractice Lawyers in New Jersey and Philadelphia

Tort reform supporters who boast it’s economic benefits don’t tell you that those benefits only speak to large corporations and insurance companies who proft from the limited liability that tort reform precipitates. Innocent people, like you and I, who have been seriousley and permanently injured by a negligent or careless doctor, hospital, or nursing home see no benefits at all from capped damages and limited liability.

If you or your loved one has suffered medical malpractice 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 the medical malpractice lawyers at the Mininno Law Office earn you the compensation you need and rightly deserve.