Medical Malpractice Attorneys: Sponge Left in Patient After Procedure

Erin Webster, a Pennsylvania woman, was recently awarded $525,000 in a medical negligence lawsuit after a surgical sponge was left in her abdomen following a cesarean section. Medical malpractice attorneys say that the lawsuit was brought against Lower Bucks Hospital, Dr. Richard Turner, and two nurses, Megan Blatcher and Laura Tedesco. The jury found the hospital and the two nurses liable, while they determined no liability should be placed on Turner.

Rare but Serious Mistake Leads to Countless Problems

medical malpractice attorneys in nj and paAfter the laparotomy sponge was left in Webster, she suffered from a severe infection, bowel perforation and obstruction, digestive problems, and intense abdominal pains. These extreme pains and symptoms led to the discovery of the sponge a long two months later. Webster finally was forced to undergo another surgery to remove 16 inches of her bowel, but her medical problems were still not completely solved. These issues could have likely been avoided if these two nurses did not fail to properly count the medical equipment before and after surgery.

Although leaving a laparotomy sponge inside of a woman is a rare case, it is very serious and potentially deadly. In 2003, the New England Journal of Medicine reported that there were approximately 1,500 cases per year of sponges or other surgical tools being left behind inside a patient after an operation. There are a number of precautionary measures that can be taken to avoid the tragedy and pain that Webster experienced.Medical malpractice attorneys believe that sponge counting, tracking bar codes, and radio-graphic screening are just some of the options that can greatly decrease the potential of surgical instruments being left inside patients.

Most states have elected to extend the statute of limitations in these sorts of cases to allow victims to bring medical malpractice complaints longer down the road because detection can be somewhat difficult. Medical malpractice attorneys believe this extension shows that states recognize the extreme danger that patients may be in while undergoing a procedure and they want to preserve their ability to bring a lawsuit in a court of law.

Medical Malpractice Attorneys in New Jersey and Philadelphia

If you or a loved one have recently been victimized by medical negligence, it is possible that you would like 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.

Nursing Home Neglect Warning: Certain Anti-depressants Increase Risk of Falls

As nursing home neglect and abuse lawyers, we believe it is important to keep readers informed of any new revelations when it comes to care for the elderly. That is why this blog post centers around the results of a recent study, which show that nursing home residents’ fall risk increases when certain anti-depressants are prescribed. The elderly are in a vulnerable physical state and are often prescribed a high number of medications, all with different side effects. It is very important that the nursing homes monitor the medications that are being given to their residents, to make sure that they are safe combinations and that the drugs are appropriate for each patient. Many drugs may have the intended result for the patient, but the side effects may be too dangerous for that particular person.

Change in Dose of Non-SSRI Antidepressant Can Increase Risk of Falls in Elderly

nursing home neglect in NJ and PAAccording to a study that was published online in the Journal of Gerontology: Medical Sciences by Dr. Sarah D. Berry, a scientist at the Institute for Aging Research of Hebrew SeniorLife in Boston, the elderly are at a greater risk of falling the days after they start taking non-SSRI (selective serotonin reuptake inhibitor) antidepressants, such as bupropion or venlafaxine. The researchers studied information on 1,181 nursing home residents who fell and compared the changes in their antidepressants shortly before the fall. They discovered that a patient’s risk of falling is five times higher two days after changing prescriptions or changing to a higher dose and that the risk falls each day after the medication change. According to Dr. Berry:

“Our results identify the days following a new prescription or increased dose of a non-SSRI antidepressant as a window of time associated with a particularly high risk of falling among nursing home residents…. These drugs are effective at treating the symptoms of depression, and many clinicians are reluctant to withhold their use based solely on a risk for falls…. Nursing home staff should keep a watchful eye on residents in the days following a non-SSRI antidepressant change to prevent falls and clinicians should avoid making changes on weekends or during times when unfamiliar staff is present.”

The study links the increased risk of falls to these possible causes:

  • Serious cognitive or motor effects associated with non-SSRI antidepressants that have not yet been fully examined.
  • Postural hypotension, a dramatic decrease in blood pressure upon standing, associated with certain non-SSRIs, such as trazodone.
  • Sedation and coordination problems linked to certain non-SSRIs.

Over one third of the large elderly population in this country currently living in nursing homes are taking some form of antidepressant. These medications can be very helpful to the residents’ quality of life and this study is showing a side effect of the medications. If the patient is already prone to falls or is in a very fragile condition where a fall could be fatal, the nursing home may want to consider an alternative medication option. But most importantly, these patients need to be monitored more closely for two days after changing prescriptions. They need to be given extra care to prevent falls.

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 they are not receiving their medication, or 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.

Nursing Home Neglect Leads to Civil Complaint for Fraud

The U.S. Attorney’s Office filed a civil complaint this month alleging that Villaspring Health Care and Rehabilitation in Erlanger, Kentucky provided “worthless services” that resulted in the death of numerous residents. The complaint claims that Medicare and Medicaid were billed for services by the home that were so “inadequate that they were essentially worthless.” This is the first case of its kind in Kentucky, where the state is accusing a nursing home facility of defrauding Medicare and Medicaid for submitting bills for poor care. The nursing home neglect became so bad at the facility that the government took legal action.

new jersey philadelphia nursing home neglect lawyers Villaspring Health Care Rehabilitation complaintsAccording to the complaint, from 2004 to 2008, many of the facility’s residents suffered injuries, and five patients died during that time. The poor care in question involved failure to follow physicians orders, failure to treat wounds and bed sores, failure to update resident care plans, and failure to monitor the blood sugar levels of diabetic residents.

The home is also being accused of violating the federal False Claims Act, committing common law fraud, and unjust enrichment. If the home, their parent company Carespring Health Care Management, and its owner are found liable for the fraud, the defendants would be have to pay between $5,500 to $11,000 per false claim and would have to repay Medicare and Medicaid three times the amount of the government’s loss.

Parent Company Releases Statement Defending Facility

Carespring Health Care Management released a statement about the charges and alleged nursing home neglect, saying:

“This stems from an allegation that is 6 years old. The Kentucky Attorney General has already investigated this thoroughly and closed the case without bringing any charges. The Centers for Medicare and Medicaid Services, and the Kentucky Office of the Inspector General, have also looked into these allegations and were satisfied with and accepted Villaspring’s response. We do not feel that the government’s case has any merit and we will defend ourselves vigorously. The Federal Government is alleging we didn’t provide services that we did in fact provide. Villaspring has consistently provided high quality care to the Resident’s of Kenton County and looks forward to doing so in the future.”

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.

Medical Malpractice Attorneys and Judge Fight Caps on Damages

Circuit Judge, Ronald Wilson, joined the West Virginia Supreme Court on a temporary basis to hear a challenge to the state’s law which capped non economic medical malpractice damages. Medical malpractice attorneys say that Wilson, although his position was not a majority among the court, acted as a strong advocate for victims of medical negligence who may seek damages. Some argue that non-economic damages, such as pain and suffering, are frivolous and should not exceed a certain amount for victims and their families. Wilson combated this argument by saying, “spend a day in their shoes if you think mental pain and loss of enjoyment are frivolous damages.”

Why Should Healthcare Providers Who Negligently Hurt Someone be Protected

new jersey philadelphia medical malpractice attorneys ronald wilson West Virginia Supreme CourtWilson strongly argued that these medical malpractice caps are blatantly favoring a special class of society over the general public. This special class includes medical professionals, corporations, insurance companies, and special interests groups. Malpractice victims may suffer many non-economic damages that will no longer be fully compensated for in states such as West Virginia. Someone who is permanently disfigured, maimed, or handicapped will certainty be owed compensation that exceeds mere medical expenses and future costs. An avid golfer or swimmer who can no longer enjoy these activities, a young child who will never walk or talk, or a woman who can never bear a child are only some of the instances where non-economic damages that exceed a cap may be necessary. Medical malpractice attorneys also have fears that were pointed out by Judge Wilson. He stated,

an unknown number of medical negligence victims can no longer use the court system because of the cap and the fact that lawyers are no longer willing to risk huge litigation expenses for a low net return for their clients and themselves.

Medical Malpractice Attorneys in New Jersey and Philadelphia

If you or a family member has 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.

Bed Sore Attorneys Get Justice for Philadelphia Girl’s Death

Danieal Kelly was a 14 year old handicapped girl who died a horrific and painful death after she was neglected by both her family and social service agencies. Bed sore attorneys say that in 2006, at the time of her death, the young girl weighed only 42 pounds. Kelly had not attended school in years and she could not walk or talk. In a time that she needed help the most, she was provided none. She was forced to spend almost all of her time in the same position, in the same bed, she had limited medical care, was often times not given sufficient food or water, and she suffered from severe, maggot infested bed sores.

Defendants in Kelly Neglect Case to Serve Big Time

bed sore attorneys in nj and paDaniel Kelly Sr., Danieal’s father, was convicted of child endangerment because he abandoned the young girl with a mother who he knew to be unfit. He made little-to-no effort to see his daughter and now the father now faces up to seven years in prison. Kelly’s mother, Andrea, is already serving 20-40 years in prison after she plead guilty to the charge of third degree murder.

Additionally, the city of Philadelphia had given Mickal Kamuvaka’s firm one million dollars to supervise some of the city’s families in need. The money was to be used for social workers to make regular visits. The jury determined that the private social services contractor failed in this duty by regularly skipping visits and they found the firm guilty of involuntary manslaughter. Kamuvaka is already serving a 17 year federal sentence for fraud, but now she will face up to an additional 25 years for this manslaughter conviction. Finally, bed sore attorneys say that Dana Poindexter, the man assigned to visit Kelly’s family, was found guilty of reckless endangerment and perjury. Bed sore attorneys say that he did not live up to his duties and rarely, if ever, checked in. Poindexter will now face up to 15 years in prison. Bed sore attorneys say that sentencing will occur in September and then justice will finally be done for young Danieal Kelly.

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.

Elder Abuse Leads to Three Year Conviction for Caretaker

Financial elder abuse is unfortunately becoming more prevalent as the economy worsens. People in low paying caretaker jobs are becoming more desperate and see stealing from the elderly patient that they care for as an easy way out of their financial problems. Stealing from a vulnerable elderly or disabled adult is a horrible crime and should not be tolerated.

Caretaker Forges Checks Totaling $300,000

elder abuse in NJ and PAMarisa Robles, 31, faced 92 counts related to theft, fraud and elder abuse and pleaded guilty to 32 counts of fraud and elder abuse this month. Robles used her access to the 81-year-old man’s financial documents to write checks to herself and sign his name. According to Deputy District Attorney Barrie Pink, “She started small to see if she could get away with it,” first forging checks for $500 but then quickly began writing them for larger amounts up to $10,000. Robles stole up to $300,000 from the elderly man.

Robles was not just stealing from the man’s personal accounts. The victim has a foundation that gives money to help less fortunate girls in third would countries to better themselves through education. “She stole from him, and she stole from what his foundation does,” said Pink.

After her arrest, Robles kept saying, “Can’t I just pay it back.” But by the time of the arrest, Robles did not have any of the $300,000 left. At an August 17th hearing, Robles will be asked to repay all the money she took.

Elder Abuse Lawyers in New Jersey and Philadelphia

If your loved one is being taken advantage of financially, or you believe the care they are receiving is abusive or negligent, you should 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, and (215) 567-2380 in Philadelphia.

Birth Defects Attorneys: Timetable to Follow Up With Doctors After Surgery

After a cleft lip/cleft palate surgery, it is important to listen to your doctor’s guidelines and follow up based on the doctor’s instructions. Just like you regularly would check in with your birth defects attorneys, it is very important to check up with the medical team at the appropriate intervals. Your child is likely going to be in some pain after the surgery, and he or she needs to be given the appropriate time to heal before follow-up work is done. As always, follow your doctor’s instructions for the safest and most optimal recovery.

Follow Up Visits

Once your child is discharged, there are typically two follow up dates that are required. The first visit should be at seven to ten days after surgery. The second appointment should usually be at about three weeks after the surgery. Finally, if there happens to be a wound breakdown, it is usually advisable to wait at least six months after surgery to attempt to close it. This is because blood supply needs to be reestablished to the tissues.

Birth Defects Attorneys in New Jersey and Philadelphia

Many parents who have children born with a cleft lip or cleft palate are often overwhelmed and, in some instances, confused about their legal rights. They are especially confused about whether or not the services of birth defects attorneys would be needed. In some cases, there have been improper actions that may have led to your child’s birth defect and contacting birth defects attorneys is beneficial to your family’s physical and financial health. For example, the FDA has recently announced that Topamax (Topiramate), taken during pregnancy or during child-bearing years, has been linked to an increase in the development of cleft lips and cleft palates. We are able to assist parents dealing with these issues. 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: NC Governor Stands Up For Victims

Governor Bev Perdue of North Carolina took a major step in sticking up for seriously injured victims of medical negligence within the state. Governor Perdue vetoed North Carolina Senate Bill 33 which would have capped non-economic damages at $500,000 regardless of the severity of the patient’s injuries. Medical malpractice attorneys believe that this is a great win for patients of medical negligence because they will be awarded a damages amount that they truly deserve, not a figure that was arbitrarily decided by a group of politicians.

Malpractice Reform Won’t Work if it Does Not Protect the Catastrophically Injured

medical malpractice attorneys in nj and paThe damages for pain and suffering, and other non-economic measures, would have had a ceiling of half a million dollars. Some people may argue that this is quite a significant figure, and ask who wouldn’t be happy with $500,000? Medical malpractice attorneys argue that the problem with these sorts of limitations is that they include the pain and suffering that accompanies death, paralysis, brain damage and severe disfigurement. Individuals who suffer from some of these ailments for their entire lives would strenuously argue that a jury who hears a case should decide the correct amount to be awarded, not a group of politicians in the state capital. Perdue agrees, the governor recently stated “I commend the legislature for addressing this important issue, but, in its current form, the bill is unbalanced. I urge legislators to modify the bill to protect those who are catastrophically injured when the general assembly returns.Medical malpractice attorneys believe this is a strong stance for the governor to take to ensure that those who are truly injured by medical malpractice will not be short changed.

Medical Malpractice Attorneys in New Jersey and Philadelphia

If you or a family member has recently been the victim of medical negligence, it is possible that you would like 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.

Elder Abuse Prevention Tip: Have Legal Documents Ready

There are so many different types of elder abuse that it is hard to think ahead in order to prevent all of them. The elderly and disabled are vulnerable and need their loved ones to look out for them. As sad as it is, there are many people out there who want to take advantage of the elderly, financially, physically, and mentally. It is our goal to give advice and share stories of abuse and neglect in order to shed light on this growing problem in our country. We want your loved ones to live a life of dignity in a time when the elderly are often disregarded and abused.

List of Essential Legal Documents for Elderly

elder abuse in NJ and PAOne of the most important tips that we can give to prevent your loved one from falling victim to elder abuse is to have all of the appropriate documents ready as the person gets older. It is important to have these documents before you need them so you are not surprised and unprepared by how fast their health or mental state worsens.

The basic legal documents that we suggest you have include:

  • Power of Attorney: This document is very important; it names a person to make decisions for the individual when they are no longer able to do so for themselves. Financial and health care power of attorney are the most important because they allow the designated person to handle the individual’s money and make health care decisions.
  • Living Will: This document will specify the individual’s preferences towards the end of their life. This will include extraordinary measures to prolong their life if something were to happen such as a coma where they cannot speak for themselves.
  • HIPAA Authorization: These authorizations will allow the designated person to speak to doctors and other health care professionals in times when the individual cannot speak for himself or herself.

Elder Abuse Lawyers in New Jersey and Philadelphia

The elderly are a vulnerable population that needs our help and understanding. It is shameful to essentially throw them away when they become difficult to care for. Our elderly loved ones deserve to live and die with the same dignity that we feel we are entitled to. Don’t let elder abuse continue at the same alarming rate at which it occurs now.

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.

Elder Abuse Leads to Severe Weight Loss and Bed Sores

Robert Rogers, 44, was arrested this month for the elder abuse of his mother Connie Rogers, 66, who died on May 27, 2011. He is being charged with manslaughter and vulnerable adult abuse. Connie Rogers, who was living with her son, was bedridden and completely dependent. Moments before his arrest, Robert Rogers told a reporter that his mother had died of natural causes, he said:

“She died in the living room — watching a movie … She was thin but she had been thin along time. I’d get her Burger King and McDonald’s whatever she wanted…I wanted her to live.”

Woman Died in Messy Home Too Weak to Move

new jersey philadelphia elder abuse lawyers robert rogers malnutrition bedsoresEven though he is claiming that she died of natural causes, the investigators are saying that she died of starvation while covered in bed sores. The autopsy showed she died of severe pneumonia, malnutrition and possibly dehydration. They are also saying that the house was messy and the only food was two cans in the cabinet. According to her driver’s license, Ms. Rogers weighed 140 pounds, but at the time of her death, she weighed only 70 pounds. The coroner said the bed sores were severe and all over her body and that the sores on her feet meant that she was too weak to move her legs. More than a third of the home’s combined monthly income of $3,500< came from Connie’s social security. According to bank records, that money was usually withdrawn as cash days after it was deposited. Mr. Rogers may have had good intentions for his mother’s care, but this is no excuse for the severe elder abuse that occurred. Even if she refused to eat or was difficult to care for, he should have known the point where he needed the professional help. There is no record of Ms. Rogers applying for or receiving any Medicare benefits. This means that he did not take advantage of a service that could have improved her condition drastically and allowed her to live much longer.

Elder Abuse Lawyers in New Jersey and Philadelphia

If your loved one is currently under the care of an individual or they are 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.