In January of this year, the Mininno Law Office Blog posted about an act in Illinois government, passed by the House of Representatives and awaiting Senate approval, that would make available background information on medical providers throughout the state. On August 10th, Illinois Governor Pat Quinn signed into law the Patients’ Right to Know Act. This law will allow patients full access to the history of doctors and specialists, providing knowledge of medical malpractice lawsuits and/or payouts that the doctor has been involved in. More informed decisions can be made, and it can also be argued that the availablity of this information will force physicians to provide better care to patients in order to remain in business. The public release of this information could do far more damage to a negligent doctor’s practice than word of mouth ever could.
Patients Will Now Have Access to Crucial Information
The doctors have been provided a sixty day window to edit and review their online profiles before they become accessible to the public. If doctors provide false information, and mislead potential healthcare consumers, lawyers believe that they will be subject to different forms of discipline. Other information that will be included in these profiles includes the medical schools they attended, specialty board certification, number of years in practice, location of practice, and whether or not the doctor participates in Medicaid.
While passage of the law might be a large step for patients in Illinois, is it really a win? With the ability to edit their profiles, will doctors really be providing all of the information patients would want to see? It might be slightly naive to believe that patients will now be fully informed before they select a doctor or physician. Medical malpractice attorneys believe that allowing patients to see if a doctor has been making malpractice payments in recent years will shed light on the diligence and professionalism of physicians before they are chosen. But whether or not this law will allow for that has yet to be seen.
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.
Many parents are alarmed after their child’s surgery when new scars are red. During the healing process, the body re-routes blood vessles to the scar to bring an extra supply of blood, creating that red color. The red will progressively darken for about three months and will be raised off the skin and stiff to the touch. Eventually, the scar will fade, soften, and flatten. Ultimately, the scar should look like a soft, flat, white line.
Jawara Henry, a 27 year old autistic patient at the South Beach Psychiatric Center, a state run facility in New York, died after a supervisor tried to restrain him. Henry was “agitated and aggressive and was biting staff and other patients,” when Erik Stanley, 37, a supervisor for disabled adults at the Staten Island mental health facility held him in a wrongful restraint. Stanley allegedly applied excessive pressure to the neck and torso of Henry. According to a source, he placed the patient in a “chokehold,” forced him onto his stomach, and got on top of the patient while he was face down on the floor. Stanley did “not follow protocol nor use proper techniques while to trying to restrain” and used “excessive force.” The medical examiner determined that the cause of death was asphyxiation by neck and chest compression. Stanley was charged with criminally negligent homicide and endangering the welfare of an incompetent or physically disabled person. He pleaded not guilty and was released without bail.
The county insurance fund will cover one million dollars of the total expected settlement amount. The remaining amount will be subject to reimbursement from the California State Association of Counties. The county clearly determined that a drawn out litigation process would be a sub-optimal resolution to this tragic case of medical malpractice. The county’s legal department stated “it had been determined that timely economic resolution together with release of any and all potential claims is in the best interests of the county.” Lawyers say that this means that the boy’s family will collect this sum of money but has also agreed to end the conflict here, without pursuing any other claims of liability against the county in the future. Although this money should be helpful in assuring the healthcare and safety of the boy in the future, it is unclear how much medical attention he will need for the duration of his life. Medical malpractice attorneys believe that determining damage amounts for infants is among the hardest figures to calculate because of the countless variables and the length of the baby’s expected life.
Any medical professional who has spent a significant amount of time in the field knows that medical malpractice does sometimes happen. Although not all medical negligence is serious and life-altering, some rare instances of malpractice are extremely severe and tragic. Lawyers urge that it is these victims who should be allowed to exhaust the judicial system in search of justice. Opponents will certainly argue that doctors will undoubtedly go out of business or flock to states with a more favorable system of tort damages. The victims in cases of medical malpractice are the patients, not the doctors. It is important that although this has become a popular issue recently, that we do not forget the tradition of this country. Many medical malpractice attorneys believe that a jury of the victim’s peers should be able to hear the case and determine a reasonable damage award after being presented with all of the evidence. Aren’t jurors, who hear each case individually, in a better place to determine a fair outcome, as opposed to representatives sitting in a state capital, who throw a limit on damages no matter how serious or traumatic? It seems that a jury is in a better position to determine the severity of a particular case. We should trust juries to come to a fair and equitable outcome, our forefathers certainly did.
A certified nursing assistant at the Fieldston Lodge Care Center in the Bronx, New York was attempting to treat an elderly female resident on January 2, 2011 with incontinence care when the resident resisted. The certified nursing assistant then grabbed the woman’s arm and twisted, causing the bone to fracture. The nursing home did not document the incident in the daily report and did not perform an x-ray on the victim until the next morning.
