blog Archives - Page 10 of 85 - New Jersey Medical Malpractice Lawyers

Medical Malpractice Attorneys Find Justice after 7 Years

Medical malpractice attorneys fought for the plaintiffs, Melinda Schultz and the family of William Bribriesco, in an attempt to earn them much deserved compensation. Finally, in 2011, the State Appeals Board approved settlements in both cases which resolved the open lawsuits which date back to 2007. As part of the settlements, the hospital and those employed at the time denied any wrongdoing.

Two Plaintiffs Find Justice

new jersey philadelphia medical malpractice attorneys justice after seven years In the first approved settlement, the State Appeals Board approved a settlement in the case of Melinda Schultz for a figure around $300,000. In that case, the plaintiff alleged that her anesthesiologist negligently administered pain medication prior to a knee operation. In the second settlement, the family of William Bribriesco was awarded $91,000 to settle the case. Mr. Bribriesco passed away following an extended term at the hospital. The plaintiff’s lawyers in that case alleged that the man died because he developed an infection which was attributable to negligent treatment during his stay at the University of Iowa Hospital. Following a complicated procedure to treat a heart aneurysm, the medical malpractice attorneys believe that negligent treatment led to the man’s demise.

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.

Medical Malpractice Attorneys: When Damages Are Inadequate

When a jury verdict in a medical malpractice case does not appear to be supported by the weight of the evidence, a trial court has the discretion to order a new trial. In rare cases, if a medical malpractice award is viewed as excessive, a new trial could be ordered unless there is an agreement among the parties to lower the award amount. The procedure is known as a “remittitur”. Although a remittitur does not benefit plaintiffs, medical malpractice attorneys can increase the award due to their client when an “additur” is ordered.

How an Additur Benefits Plaintiffs

new jersey philadelphia medical malpractice attorneys inadecuate damages In some cases, a plaintiff will be awarded a new trial if the damage amount found by the jury appears to be inadequate. In that case, a court will require the case to be retried unless the defendant makes certain concessions. A defendant may agree to pay a larger amount than that which was awarded by the jury in order to properly compensate the plaintiff and avoid a lengthy re-trial. Courts, both on the trial and appellate level, lack the authority to increase the jury damage assessments by themselves. This is the reason why a new trial will be necessary for the plaintiff to be compensated in the event that the judge notices that the amount due to the plaintiff is too small. Medical malpractice attorneys believe that an additur is a useful tool in cases when it was clear a healthcare provider breached the standard of care and yet the jury did not find an appropriate damage amount.

Medical Malpractice Attorneys in New Jersey and Philadelphia

Medical Malpractice Attorneys: Don’t Know What You Got until It’s Gone

The law recognizes a spouse’s right to the love, company, affection (including sexual) and service of the other spouse and this is referred to as “consortium”. Unfortunately, in many medical malpractice cases, due to serious injury or death, one spouse may lose the consortium of the one they love. Medical malpractice attorneys will often seek compensation for this loss as part of the damages that a jury awards at the conclusion of a trial.

The Loss of a Loved One Due to Medical Malpractice

new jersey philadelphia medical malpractice attorneys discuss definition consortium This category of the law has spread in recent years and in different jurisdictions across the United States, other individuals have been able to claim loss of consortium. Some of these individuals include parents, grandparents, and children. It is crucial for lawyers to know the common law in the jurisdiction in which they practice because many people are affected and hurt by medical malpractice aside from just the patient. It is important that those who will truly lose the consortium of the victim be compensated for their loss. This portion of the law is continuing to expand and grow to allow others to bring claims of loss of consortium.

In 2003, a New Mexico court decided the case of Lozoya v. Sanchez. That case was the first time in history that a court was upheld after they recognized the right of unmarried cohabitants who were in an “intimate familial relationship” with the victim. Medical malpractice attorneys for that plaintiff were allowed to seek loss of consortium damages even though there was no official marriage.

Medical Malpractice Attorneys in New Jersey and Philadelphia

Medical Malpractice Attorneys Recognize Loss of Life’s Pleasures

In a recent trend, some courts across the United States of America have begun recognizing “hedonic damages.” Hedonic damages refer to a plaintiff’s loss of the ability to engage in activities that he or she enjoys. Traditionally, there could be no award and recovery for the loss of life’s pleasures but in some states, this trend is coming to an end. As of 2006, the supreme courts of Connecticut, Maryland, New Hampshire, New Mexico, South Carolina, Washington, and Wyoming have all allowed medical malpractice attorneys to make separate claims for these types of damages.

The Importance of Doing What You Love

new jersey philadelphia medical malpractice attorneys hedonic damages loss life pleasures Lawyers believe that hedonic damages should be recognized in all states because the victims of some incidents of medical malpractice will no longer be able to engage in these behaviors. Imagine the case of an avid swimmer who, because of medical malpractice, could no longer kick her feet. Another example would be the golfer who, because of medical negligence, experienced stiffness in his arms and could no longer swing his clubs.

Medical malpractice has a broad range of effects on victims and courts should not be slow to recognize that the loss of ability to engage in activities could be some of the most tragic losses to the patients. Many people see medical malpractice as a single incident and believe that a patient should be compensated only for the doctor’s negligence. This near-sighted approach fails to recognize that because a doctor did not live up to the standard of care, the patient’s entire life is now altered, potentially forever.

Medical Malpractice Attorneys in New Jersey and Philadelphia

Medical Malpractice Attorneys: Tennessee Moves to Damages Cap

Insurers in the state of Tennessee who cover healthcare providers will not be paying out less money in medical malpractice suits. Tennessee passed new laws earlier this month which put into place caps and limitations on malpractice awards and also stated that insurers will not longer be liable under the consumer protection laws. Medical malpractice attorneys will now be faced with the uphill battle of fighting for the proper compensation for clients within the limited amounts allowed by law.

Non-Economic, Punitive, and Catastrophic Damages All Capped

Governor Bill Haslam made no secrets about his agenda to considerably limit the civil lawsuits within Tennessee. Now with the passing of the “Tennessee Civil Justice Act of 2011”, medical malpractice attorneys believe that he may have done just that. Pain and suffering, along with other non-economic damages, will now be capped at a maximum of $750,000. Furthermore, the new Act will also limit punitive damages, in both medical malpractice and personal injury cases, to only $500,000. The most shocking, and potentially limiting to plaintiffs and their medical malpractice attorneys, may be the limits placed on catastrophic cases, which will be $1 million but could effect people forever. These cases qualify as the most serious and life altering scenarios of medical malpractice. Some examples of catastrophic cases caused by medical negligence include when patients become paralyzed, blinded, burned, need an amputation, or pass away when children still qualify as minors. This new law seriously inhibits the rights of patients in seeking compensation that will once again make them whole. Although these cases hopefully will not occur too often, in these rare instances it is highly unjust to limit the amount that plaintiffs can seek at trial but such a large amount.

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.

Nursing Home Abuse Lawyers Report Improvement in Nation Nursing Homes

Our blog contains many stories of negligent and abusive nursing homes and care givers. We report on these cases to raise awareness of the poor conditions that many of our elderly population have to endure. With all of these horrible cases of abuse and neglect, as nursing home abuse lawyers, we were happily surprised to read a recent report that came to the conclusion that overall nursing home care has improved in the past few years. This is incredibly good news and means that nursing home and government officials are finally starting to realize how important this problem is and has begun to fix facility conditions.

Study Shows Measurable Increase in Quality of Care and Life of Nursing Home Residents

new jersey philadelphia nursing home abuse lawyers report national improvement
According to a report by the Alliance for Quality Nursing Home Care and the American Health Care Association, America’s nursing home facilities have increased quality of care in the past few years. Since 2009, facilities have accomplished measurable improvements in nine out of ten quality measures which positively affect the quality of care and life of the nearly 2.5 million people who receive nursing home care a year. Independent researchers used government measured data to analyze the “capabilities of skilled nursing facilities, trends in skilled nursing care and the need for quality measures to effectively evaluate rehabilitation outcomes among an increasingly diverse patient population.” They found that nursing facilities have improved in their short term care, including patient delirium, pain and pressure ulcers, as well as their long term care including daily living, high-risk pressure ulcers, resident mobility and pain.

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 their treatment as well as their living conditions. 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.

Elder Abuse Lawyers Help Get Man 35 Years in Prison for Scamming the Elderly

As elder abuse lawyers, we want to warn the elderly population and their loved ones of the many people who prey on the elderly because they see them as an easy target. The elderly can be vulnerable and too trusting, at times, of people who do not have the best intentions. We have seen many cases where strangers befriend the elderly and make promises that they have no intention of keeping in order to rob them of any and all monies, savings, and belongings. This is a serious problem that is happening far too often. Keep an eye on your loved ones’ finances and remind them to be careful of who they give their personal information.

Man Cons Elderly out of $100,000 After Promising Home Repairs

Timothy Ralph Carrillo, 49, has been convicted by a California jury and sentenced to 35 years in prison for stealing more than $100,000. Carrillo has been convicted of 24 counts, including financial elder abuse, residential burglary, grand theft and contracting without a license. From 2006 to 2008, Carrillo convinced nine people, mostly elderly with some in their 80s, to pay him in advance for home repairs such as painting, window replacement, and roofing. He then disappeared and never did any of the promised repairs. The victims testified during trial that their losses ranged from $1,260 to $65,000. One of his victims borrowed $65,000 on an equity credit line and was told by Carrillo to pay $50,000 to his “partner” for supplies. But the third man was actually someone Carrillo owed money for a gambling debt.

Carrillo has prior felony convictions for commercial burglary, grand theft, driving under the influence, and obtaining money by false pretenses. Because of his record and California’s three strikes law, Carrillo’s sentence was twice as long as what it would have been. According to Judge Russell Scott, “Based on the defendant’s character … he does clearly fit the purpose of the three strikes law.” Judge Scott went on to tell Carrillo “You’re a predator. I don’t know if anybody’s ever said that to you…Here you are preying on the elderly … and you don’t care.” Carrillo was convicted in 2009 in Texas of similar cases of cheating the elderly and sentenced to 25 years in prison. He will serve his 35 years in California after he has completed his time in Texas.

Elder Abuse Lawyers in New Jersey and Philadelphia

If your loved one is currently being taken advantage of financially, 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 and want to speak with elder abuse lawyers, 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 Explain the Basics of a Trial

A civil trial, including medical malpractice and negligence, are used to settle non-criminal disputes. Generally, patients are seeking compensation for some sort of wrong and they will hire medical malpractice attorneys to bring forth the case. At trial, both parties present evidence in an attempt to demonstrate their case and persuade the trier of fact, a judge or jury, of the strength of their position. In order to find the truth of the matter, the adversarial approach is used in American jurisdictions to settle civil litigation.

Describing the Adversarial Approach

new jersey philadelphia medical malpractice attorneys explain trial basics
The lawyers and the defense team will present opposing legal arguments and use the facts of the situation to prove their case as they go head to head against one another. The purpose of the adversarial approach is to arrive at a just result. The logic is that the truth is more likely to become evident when each side contests the facts and law, giving the trier of fact the full scope of the dispute. The burden of proof in medical malpractice cases is a preponderance of the evidence. This standard can be described as the debated proposition, “more likely than not.” For example, if medical malpractice attorneys can prove that it is more likely than not that a doctor failed to live up to the standard of care required by the medical profession and this resulted in harm to the plaintiff, the victim has sustained its burden in proving the case.

Medical Malpractice Attorneys in New Jersey and Philadelphia

Medical Malpractice Attorneys: Spine Surgeons Susceptible to Lawsuits

When surgeons unintentionally operate on the wrong level of the spine, many patients file lawsuits. Lawyers have found that this is the second most common type of medical negligence behind only OB/GYN physicians. Medical malpractice attorneys point to the case of Douglas and Brenda Ray. vs. Mignucci, from 2004 in Texas. That jury awarded the plaintiffs $134,000 when the surgeon operated on the wrong disc.

Ray v. Mignucci- A Common Occurrence

new jersey philadelphia medical malpractice attorneys douglas brenda ray versus mignucci case texas
In that case, Doctor Luis Mignucci accidentally removed the T5-T6 thoracic spinal disc instead of the T6-T7 disc. The doctor blamed his mistake on the MRI image which he claimed was unclear, as well as the height of his patient. The patient and his wife filed a lawsuit against the doctor in which they asked for lost wages, medical costs, and non-economic damages such as physical pain, mental anguish, loss of consortium, and loss of household services. Thankfully, the jury found in favor of the plaintiffs and awarded $94,000 to Douglas Ray and $40,000 to his wife, Brenda, for loss of consortium. This field is particularly prone to incidents of medical malpractice and therefore doctors need to be on the look out and attempt to protect their patients against significant injury. Physicians and surgeons should insist on clear imaging before beginning an operation and they should be increasingly careful in counting vertebrae before beginning an operation.

Medical Malpractice Attorneys in New Jersey and Philadelphia

If you or a member of your family has recently been the victim of medical negligence, it is possible that you would like to speak with our professional 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 Abuse Lawyers: Nurse Charged for Overmedicating Residents

nursing home abuse lawyers in NJ and PA Some caregivers and nurses use medications as a way to calm their patients and make them easier to handle. As nursing home abuse lawyers, we see many cases of abuse where overworked and frustrated care workers abuse and neglect their patients in many different ways. Marty Himebaugh, 60 years old, has pleaded guilty to felony criminal neglect for overmedicating residents and giving patients medications they had not been prescribed. Prosecutors have dropped five other felony counts against the former nurse after her guilty plea, but she still faces up to three years in prison. She admitted to giving the anti-anxiety medication Ativanto an agitated male resident who had not been prescribed the medication by a doctor.

In 2006, authorities began investigating the nursing home facility where Himebaugh worked after six resident deaths involved overdoses of morphine. In 2008, Himebaugh and her former supervisor, Penny Whitlock, were charged due to their connection with the nursing homes. Neither were charged with causing any of the patient deaths.

In 2009, Himebaugh’s nursing license was suspended by the state. This year, Whitlock was acquitted of charges that she allowed Himebaugh to overmedicate her patients and that she tried to obstruct the investigation by ordering an employee to destroy drugs she kept in her desk. Although she denies using the phrase, according to reports Whitlock nicknamed Himebaugh the “Angel of Death” because of the way her patients died.

Victim’s Loved Ones Conflicted about Guilty Plea

According to Himebaugh’s attorney Sam Amirante, “She really felt she did the right thing.” He will be pushing for Himebaugh to be placed on probation, saying that “It’s been a long haul for her. She wanted to get this over with and go on with her life.” But the relatives of the patients that died because of Himebaugh’s actions are upset with the plea deal. “We’re saddened she didn’t have to face trial on all the charges, we’re gratified she admitted some of her guilt,” said Steven Levin, who represents relatives of 78-year-old Virginia Cole.

Nursing Home Abuse 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.