Author: Angela Leone

Medical Malpractice Attorneys Try to Settle on Behalf of Bereaved Family

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Michael Notarangeli is the executor of the estate of Elaine Notarangeli, a Massachusetts woman who was 72 years old when she passed away. The family urges that the delay in diagnosis and treatment of a necrotic bowel led to the woman’s death. Necrotic bowel occurs when there is a lack of blood flow to the region. The family agreed to attempt to negotiate an out of court settlement through mediation with the defendants, including Lakes Region General Hospital, as well as several other doctors. Medical malpractice attorneys generally attempt to settle cases more frequently than they take them to trial in order to provide compensation for their clients more quickly and to avoid the hassle of a long and extensive litigationprocess.

Settlements are the Optimal Solution

An enormous amount of civil lawsuits are settled long before they ever reach the courtroom and there is a good reason for that. The sooner the process comes to an end, the quicker a patient can be compensated for any injuries that have been sustained. Furthermore, medical malpractice attorneys find that as litigation drags on there are increasing costs. Courts are already backed up and it often takes years for a case to get before a judge. Such is the case with Notarangeli. If that a settlement is not reached, it is likely that the case will not be heard until 2013.

Lawsuits and all of their counterparts – preparation, discovery, and investigation – are quite costly. These costs can be avoided if a settlement is reached early on in the process, leaving a much larger amount to a patient in need of compensation. Settlements very often are more beneficial to a victim or a victims family, trying to move on from their tragedy and get on with life.

Medical Malpractice Attorneys in New Jersey and Philadelphia

If you or a family member have recently been the victim of medical negligence, take the time speak with our medical malpractice attorneys about your legal rights. 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: Woman Lost Legs and Nearly Lost Life

Sharlee Ann Smoyer was only fifty five years old when she was the victim of medical negligence that changed her life forever. Smoyer’s medical malpractice attorneys argued that a home care nurse, who was treating Smoyer for complications associated with her Crohn’s Disease, did not report a bacteria-infected catheter while caring for the plaintiff. The infection, which became quite serious and nearly killed the 55 year-old woman, led to the amputation of both legs below the knees and a finger on the left hand.

Woman Awarded $23 Million in Damage

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Judge Carol McGinley oversaw seven days of testimony in the case. At the conclusion of the trial, the jury found the nurse, Jolynn Yurchak, and her employer, St. Luke’s Miners Memorial Home Care, liable. The plaintiff was awarded $23 million in order to compensate for pain and suffering, medical expenses, and lost wages. The plaintiff’s lawyers stated,

“Sharlee Smoyer was one of St. Luke’s most vulnerable home-care nursing patients and they refused during this trial to accept even the most basic responsibility for mistakes made in her care.”

The medical malpractice attorneys concluded,

“Ms. Smoyer hopes that the verdict will result in St. Luke’s redoubling its efforts to help prevent catheter-related bloodstream infections in the home-care setting.”

Although the plaintiff was awarded an enormous amount of money, this amount is necessary to help her adjust to the drastic changes that will now shape her life.

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 professionals. 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.

Nursing Home Abuse: Account Manager Steals and Nurse’s Aid Slaps

Nursing home abuse is not necessarily limited to physical or verbal abuse. Financial abuse is becoming more prevalent as the economy worsens. The elderly, a vulnerable and often trusting population, are an easy target for financial abuse. Frequently checking into your loved ones accounts is vital in preventing this crime from taking place. Be highly selective of who is allowed access into bank accounts. Even employees of a nursing home could have devious intentions.

Staff Member Steals $28,000 from 94 Residents

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A Connecticut nursing home is being fined $3,000 after $27,472 was stolen from 94 residents by a staff member. The administrators of the Village Green of Waterbury discovered the theft in October. According to administrator Linda Garcia, the nursing home’s account manager had full access to the resident’s accounts. She would make a request on behalf of a resident to withdrawal money, but requested more than the resident and kept the difference for herself. “We asked her for an explanation. When she couldn’t provide one, we terminated her,” said Garcia. The nursing home is currently in the process of reimbursing all of the residents. According to an inspection report by the state Department of Health, “money was withdrawn from cognitively impaired residents’ accounts without the responsible parties’ consent.”

Another incident of nursing home abuse that the facility is being fined for is an event in June when a nurse’s aide slapped a resident on the shoulder in order to wake him up and yelled “get out!” The resident happened to be the president of the resident’s council and reported the incident. There was an internal investigation held by the nursing home and the aide was fired.

Nursing Home Abuse Lawyers in New Jersey and Philadelphia

We recommend that you monitor your elderly loved one’s finances closely to avoid financial abuse. 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, or that they are being taken advantage of financially, 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.

Medical Malpractice Attorneys Examine the Pros and Cons of Litigation

Recently, there has been much debate over medical malpractice lawsuits and the potential need for tort reform across the United States. Although some experts are quick to “poo-poo” medical negligence cases as attacks on medical professionals, lawyers maintain that an individual’s right to sue is part of their bigger right to compensation for losses at the hands of others. Medical malpractice attorneys will point to certain social goals that are achieved by bringing these cases, while others may counter by pointing to the increased costs, strain on the court systems, and the high prices paid by doctors for some sort of defensive insurance.

Important Social Goals of Medical Malpractice Lawsuits

new jersey philadelphia medical malpractice attorneys examine pros cons litigation One major benefit of medical malpractice lawsuits is that they force healthcare providers to maintain acceptable standards of care. Doctors and nurses will be less likely to implement unsafe practices if they face a potential of being hauled into court and forced to pay for the results of their negligence. With certain reform systems suggesting a cap for damages, the maximum amount that lawsuits would be worth may not be enough to deter healthcare providers from engaging in unsafe behavior.

A second benefit is that verdicts and settlements also serve as a form of punishment. Negligent physicians should be reprimanded for their actions, but without sufficient punitive cost, no punishment is really handed down. Considering that most victims of medical malpractice will never attempt to bring a case against their doctor, negligent doctors, nurses, and other healthcare providers should be forced to answer for their behavior in the event they are called on to do so.

Finally, a third social goal is the compensation of patients who have been injured by negligence. These victims are often left in worse shape after sustaining injuries due to malpractice and it is important for medical malpractice attorneys to seek the compensation necessary to make the lives of their clients as normal and fulfilling as possible.

Medical Malpractice Attorneys in New Jersey and Philadelphia

If you or a family member have recently been the victim of medical negligence, you should speak to our professionals about your legal rights. 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.

Nursing Home Abuse Lawyers Reach Agreement with Abusive Nursing Aide

Physical violence and abuse towards the elderly and other vulnerable populations is unfortunately prevalent in our society. As nursing home abuse lawyers , we come across horrible cases of abuse and neglect almost daily. It is important that facility administrators continue to monitor all employees no matter their past performance and that family members pay close attention to their loved ones when they visit.

Woman Pleaded No Contest to Charges of Elder Abuse

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Shawna Hardesty, a former nursing assistant, has been accused of intentionally abusing a patient in the nursing home where she used to work. She is being charged with repeatedly punching a 93 year old woman in the forehead, resulting in a baseball sized bruise. According to the complaint, Hardesty had hit the elderly woman on several occasions and, on August 2, 2010, she punched her three times on the forehead, causing a headache and a large bruise. The elderly woman told authorities, “Every time she (Hardesty) comes in this room, I get a biff,” displaying a closed fist.

Hardesty entered into a two year deferred prosecution agreement where she pleaded no contest to the charges but will maintain innocence. She must undergo anger management and counseling, complete 40 hours of community service during the first year and she is not allowed to work or volunteer as a caregiver. She may care for relatives and children. Her employment at the nursing home has been terminated after working at the care center for about a year.

Nursing Home Abuse Lawyers in New Jersey and Philadelphia

If you have witnessed your loved one or any nursing home resident being abused, or you fear that the care they are receiving may be considered negligent or abusive, you probably have a lot of questions and concerns. 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.

Medical Malpractice Attorneys: Husband Sues after Death of Wife

Robert Katy lost his wife on March 28th, 2008 and filed a lawsuit against a number of defendants in North Carolina. Katy’s medical malpractice attorneys filed a lawsuit against Dr. Robert Michael Boemer, Dr. John Francis Ende, Asheville Radiology Associates, Dr. Michael John Capriola, Physician’s Assistant John David Riser, Dr. Salvatore John D’Angio, Dr. David Franklin Craig, Dr. Shashank Mishra, Dr. Keven Robert Chung, McDowell Emergency Physicians, and The McDowell Hospital. The lawsuit stated that these defendants did not do all they could to save the life of Aziza, Katy’s 42 year old wife. Most of the defendants settled outside of court, which resulted in settlements of $53,000 for Katy and $11,000 for each of his children. Riser, Chung, Capriola, and McDowell Emergency Physicians did not settle and went to trial.

Woman Dies too Young

new jersey philadelphia medical malpractice attorneys On February 9th, 2008, Aziza gave birth to twin boys at the McDowell Hospital. While there, she was diagnosed with pneumonia and given medicine to take before she was released. Following her release, Katy’s wife made three separate trips to the emergency room complaining of shortness of breath and nausea. The hospital continued to treat her for pneumonia. Lawyers have determined that on a fourth visit to the emergency room, Aziza was finally admitted to the hospital, dying from congestive heart failure. Throughout the next month, Aziza would have a stroke and undergo an operation to remove a ruptured blood vessel in her brain.

Despite the last minute efforts of the hospital, Aziza passed away on March 23rd, 2008. In the end, Robert Katy was awarded $667,000 in damages after his medical malpractice attorneys argued the case.

Medical Malpractice Attorneys in New Jersey and Philadelphia

If you or a family member have recently been victimized by medical negligence, you should speak with a professional to discuss your legal rights. 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.

Nursing Home Abuse Lawyers Discuss “Granny Cams”

There has been some debate over the use of “granny cams” in nursing home facility patient rooms. As technology advances, more and more people are placing cameras in the rooms of their elderly loved ones in order to catch or prevent abuse. Our nursing home abuse lawyers have written about numerous cases of abuse that were discovered because the family suspected something was wrong and decided to place a hidden camera in order to prove suspected mistreatment.

The Debate over Hidden Cameras in Nursing Homes

new jersey philadelphia nursing home abuse lawyers discuss granny cameras Cases have been reported all over the country in which the use of cameras has helped catch abusive and/or negligent nursing home employees. There is still some debate, however, over the privacy issues with hidden cameras in patient rooms. Those against the use of cameras have said that they would,

  1. make hiring new staff more difficult;
  2. cause misinterpretations of incidents; and
  3. violate resident and employee privacy issues.

There are many facilities and individual advocates for the elderly that support the use of hidden cameras. Supporters argue that that the cameras are an effective way to monitor employees that mistreat the elderly residents. According to Georgia Anetzberger, president-elect of the National Committee for the Prevention of Elder Abuse,

“Cameras are used to catch people more than ever before, not just because the technology is there but because it’s more widely accepted.”

Texas is one of the few states that have created laws approving the use of cameras in nursing home facilities. Residents and their families have the right to place cameras if they choose. Patty Ducayet, the state’s long-term care ombudsman, said

“I really do think it is a deterrent… People know you’ve got a device in your room…I think it does have the potential to influence the way someone behaves and cares for you in the privacy of your room.”

Even though the use of “granny cams” has increased, it is still a small part of the population that has opted to use the technology. Most families either do not feel that hidden cameras are necessary, or they don’t want to impose on their loved ones by constantly recording them in their rooms. But these cameras have been vital to the numerous cases of nursing home abuse that otherwise may not have been able to be proven. It should be the resident themselves and their families’ choice whether they want to place cameras in their rooms or not.

Nursing Home Abuse Lawyers in New Jersey and Philadelphia

If your loved one is currently a resident of a nursing home or care facility, we encourage you to visit frequently and be very observant of any scratches, bruises or anything that does not look right. If 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 with one of our nursing home abuse lawyers at (856) 833-0600 in New Jersey, or (215) 567-2380 in Philadelphia.

Medical Malpractice Attorneys: Insurance Costs and Capped Damages

Within the recent whirlwind of tort reform debates, two topics consistently raised are the rising cost of insurance and the potential of capped damages. Victims of medical negligence, such as patients and their families, do not like the idea of capped damages because there is a possibility that capping damages could prevent victims from being fully compensated. Doctors, on the other hand, are fearful of the rising cost of insurance. This group of people will claim that if a high number of medical malpractice claims reach trial, this will force physicians to acquire more insurance which will be pushed off on to the general public, leading to increased health care costs. Medical malpractice attorneys argue that it is important to strike a balance in the tort reform battle.

Medical Malpractice and Tort Reform

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Some experts maintain that caps on damage awards from medical malpractice cases will reduce the number of “frivolous” lawsuits and therefore decrease the amount of malpractice insurance premiums. Some lawyers will claim that enacting these caps will have a much bigger effect by threatening to take away an individual’s rights to compensation following a preventable medical error. Frivolous lawsuits represent an extremely small portion of lawsuits and it is unlikely that a jury would return a verdict in favor of such a claim.

A second major issue discussed by some experts is that medical malpractice claims are driving up malpractice insurance premiums, causing a rise in health care costs. Medical malpractice attorneys have a different view and associate the increase in malpractice premiums with the sluggish state of our economy. Malpractice costs are less than two percent of total health care spending and therefore not likely the blame for the rise in health care costs in our country.

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 professionals. 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.

Nursing Home Neglect Lawyers: CNAs Took Unauthorized Photo of Resident

Unfortunately, among a sea of good, attentive, and compassionate nursing home caregivers, exists a great many negligent, abusive, and careless nursing home caregivers. As nursing home neglect lawyers, we hear about, on a daily basis, different types of abuse ranging from the horrible cases that end in serious injury and even death, to cases where the staff takes advantage of their power through inappropriate behavior such as theft, fraud, or sexual abuse.

CNAs Shared Cellphone Photo of Resident with Other Staff Members

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The Colonial Hills Nursing Center in Tennessee has undergone an investigation after two certified nursing assistants took an unauthorized photo on a cell phone of a resident and then forwarded the photo to “an undisclosed number of staff members” and one of the CNA’s teenage daughter. On July 22, the shoulders-up, fully clothed photo was taken after a clean brief fell on the resident’s head. They took the photo because they found the incident “humorous” and “endearing.” The picture was said to be blurry and the resident was not clearly identifiable. Both CNAs were fired and the facility was fined $6,000 from the state and $4,550 a day from the Centers for Medicare and Medicaid Services until the violations are corrected. According to the report, the incident was “a violation of dignity” and the facility failed to protect the resident, enforce policies against employees using cellphones in patient areas and taking photos in the home, and to properly investigate the incident. The state suspended admissions to the nursing home after inspections found more violations. The facility submitted a plan for correcting their problems and the state lifted the suspension.

Nursing Home Neglect Lawyers in New Jersey and Philadelphia

If your loved one is currently a resident of a nursing home or care facility, pay attention to the quality of the nursing staff. If 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.

Medical Malpractice Lawyers: Vet Dies from Lethal Drug Combination

Chris Anglesey was a 32 year old U.S. Army veteran who was awarded a Bronze Star after he was partially disabled when his vehicle was hit by a rocket propelled grenade on its way to helping a downed helicopter. He suffered traumatic brain injury and post traumatic stress disorder, which he was being treated for at the George E. Whalen Veterans Administration Hospital in Salt Lake City, Utah. After surviving war, medical malpractice lawyers are now fighting to get his widow compensation for his death after a medication mistake.

VA Hospital Doctors Did Not Monitor Drug Combination

new jersey philadelphia medical malpractice attorneys Chris Anglesey irak vet caseLast year Anglesey went to the VA hospital after he tripped and fell over some toys in his home. He suffered a broken right tibial plateau and was kept overnight but sent home the next day with some painkillers. He returned to the hospital three days later with respiratory problems and required oxygen. Two days after that, the veteran was found unresponsive in his home and was not able to be revived.

Chris Anglesey’s wife, Kathy Anglesey, has filed a lawsuit claiming that her husband died due to a medication mistake at the hospital. She claims that he was prescribed drugs for his knee injury that should have not been combined with the drugs he was already taking. The cause of death was “mixed drug intoxication and pulmonary embolism due to (or a consequence of) recent right leg fracture.” The autopsy found six drugs in his system, hydromorphone, morphine, zolpidem, promethazine, mirtazepine and citalopram, drugs that treat pain, insomnia, allergies, and depression. Anglesey took the medication that was prescribed to him according to the instructions he was given. According to the suit, the doctors allegedly did not look closely enough at the risk of the interaction between what they were prescribing and what he was already taking. The second time he came to the hospital should have been a warning to the doctors that something was wrong.

Chris worked as a paramedic/firefighter and survived war in Iraq, only to die at 32 because his doctors made a fatal error. Anglesey’s medical malpractice lawyer is seeking damages that cover medical expenses, funeral services, lost earnings and financial support as well as lost love, comfort, and protection.

Medical Malpractice Lawyers in New Jersey and Philadelphia

If you or a family member has recently been the victim of medical negligence, and you would like to speak to someone about your legal options please contact the Mininno Law Office for a free case evaluation. You may also call for a free consultation with one of our medical malpractice lawyers at (856) 833-0600 in New Jersey, or (215) 567-2380 in Philadelphia.