Medical Malpractice Attorneys Earn $24 Million for New Jersey Woman

An Orange County, New York jury awarded a Montague, New Jersey woman $24 million following an extreme incident of medical malpractice. Diane Manganiello was forty two years old when she was the victim of negligence which sent her into a coma for a period of time and now has left her with severe brain damage and very limited speech. Medical malpractice attorneys say that the damage award included $19.5 million for her future medical and rehabilitation needs and an additional $5 million for Andrew, her husband, for the relationship and enjoyment of life that he has now lost.

Mother of Five is the Victim of Medical Negligence

new jersey philadelphia medical malpractice attorneys diane manganiello bon secours community hospitalManganiello went into Bon Secours Community Hospital in Port Jervis, NY due to low sodium levels. Saline solution should have been infused into the woman slowly because this was a chronic condition. Sadly, this is not what happened. Medical malpractice attorneys say that saline solution was infused very rapidly, raising her sodium levels significantly in only fourteen hours. Following a trial that lasted nearly four weeks, the critical care physician, Dr. Moinuddin Ahmed was found to be sixty percent responsible, while Rose Aumick, the nurse, was found to be responsible for the remaining forty percent. Today, Manganiello lives in Milford, Pennsylvania at a supported living facility. Her family is only able to bring her home on weekends for visits but they hope in the future, thanks to the compensation from the verdict, that they will be able to bring her home permanently and she can receive a high level of care from home.

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 Win New York Man $5.4 Million in Damages

Robert Messina, a sixty three year old New York man, was awarded $5.4 million in damages after he developed severe bedsores which went untreated. Bed sore attorneys believe that this amount of damages is not uncommon because the injury caused by severe pressure ulcers can be very serious and even life threatening. The injury occurred at Staten Island University Hospital (SIUH), and Messina is now unable to walk after the bed sores led to a significant hip infection. Bed sores can be very dangerous when they are not properly treated and it is essential to monitor patients who have limited mobility because of the lack of blood flow and increased pressure on certain body parts.

Bed Sores are a Preventable Condition that Present Large Dangers

new jersey philadelphia bed sore attorneys robert messina siuh Golden Gate rehab centerA brain dysfunction caused Messina to collapse and landed him in and out of hospitals and rehabilitation centers beginning in late August of 2006. Several days after his admission into the hospital, he was diagnosed with bedsores. He began to develop the bedsores at SIUH and Golden Gate Rehabilitation and Health Care Center. Professionals say that Messina’s bed sores worsened until ulcers were developed on his mouth, buttocks, ankles, and genitals. Many of these bed sores had healed by the time he entered Golden Gate Rehabilitation Center. Various health problems sent Messina back and forth between the hospital and the rehab center over the next year. He can no longer walk due to a dislocated hip and he is unable to receive a replacement because of the infection which was caused by the bedsores. The New York Supreme Court jury assigned to this case found SIUH 75% responsible for the developments and complications of the bedsores. Bed sore attorneys say that this means that the hospital is liable for $4 million of the total awarded to Messina.

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. 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 Jail Time for Granddaughter of Victim

Elder abuse and neglect do not only happen in nursing homes and long term care facilities. Surprisingly, an alarming number of elder abuse cases are actually against friends and family of the elderly victim. These cases of abuse are harder to discover because it is often easier to hide the abuse from outside parties. When the elderly are in the car of their loved ones, it is easy and natural to assume that those family members are looking out for the best interests of the elder they care for. However, sometimes family members are unable to take on the enormous responsibility of caring for the elderly and, unfortunately, abuse and neglect occur.

Granddaughter Commits Financial and Physical Elder Abuse

new jersey philadelphia elder abuse lawyers april courtneyIn February, April Courtney, 36, pleaded guilty to burglary and elder abuse for a September 3, 2008 attack on her then 94 year old grandmother Lydia. According to police investigations, over an eight-month period of time, Courtney had allegedly withdrawn $28,000 from Lydia’s bank accounts without her consent. The women had been fighting for a while since Lydia found out about the money. On the day of the attack, Courtney tricked her grandmother into thinking she was a friend when knocking on the door. When Lydia opened the door, Courtney grabbed her cane away and began to beat her with it. Lydia was hit about 20 times in the head and body and then fell to the ground and pretended to be unconscious in hopes that Courtney would stop hitting her. Courtney then went into the house and stole documents that might be used as evidence against her in the financial abuse case. She fled to Texas and was captured a week later by federal Marshals. She was set to go to trial on charges of burglary, elder abuse, attempted murder and inflicting great bodily injury on a person over 70 years old, but worked out a last minute plea deal where the attempted murder charge was dropped. Courtney was sentenced to four years in prison.

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.

Birth Defects Attorneys Discuss Non-Surgical Speech Options

The idea of having a surgery to correct a cleft palate or cleft lip has been discussed in a previous blog post and, in many cases, it is the correct decision for your child’s health. However, in cases where surgery may not be the best option due to health concerns or fears that the surgery will not be successful, there are other non-surgical treatment options. Our birth defects attorneys would like to highlight some effective, nonsurgical treatment options specifically targeted to help your child develop better speech.

Speech Bulbs and Palatal Lifts

new jersey philadelphia birth defects attorneys non surgical speech optionsOnce your child starts to grow, your doctor may want to discuss appliances that can be put in his or her mouth, to make speech easier. The speech bulb may be suggested, which is a plastic ball that fits into the velopharyngeal space, which is then attached to a plastic plate fitted to the roof of the mouth and held in place by wire clasps. The size of the bulb will vary depending on the size of the velopharyngeal space. The bulbs function is to stop air and sound from escaping the nose during speech. It is removed at night before bed.

Another appliance that may be suggested is a palatal lift. This is similar to a speech bulb, but is a wider, plastic paddle that extends back into the mouth and lifts the soft palate up, closing the velopharyngeal space. Your child’s care team should be consulted to see which, if any, of these appliances is appropriate.

Birth Defects Attorneys in New Jersey and Philadelphia

Many parents who have children with a cleft lip or cleft palate are often overwhelmed and, in some instances, confused about their legal rights and whether or not birth defects attorneys would even be needed. In some cases, there have been improper actions that may have lead 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.

Nursing Home Neglect: No Care for Elderly Man Following Fall

Augustana Health Care Center, in Hasting Minnesota, was recently cited for abuse, causing the home to take corrective measures and re-educate their current employees. The Minnesota Department of Health Facility Complaints office stated that the nursing home neglectoccurred when staff did not assess, monitor, and treat” a man shortly following a fall. The duty and urgency of these employees should have been even more clear because in the present case, the “signs and symptoms indicated a head injury“.

Man Passes Away Two Days Following Injury

new jersey philadelphia Nursing Home Neglect lawyers Augustana Health Care CenterA man fell at the health care center but did not receive proper treatment which led to his death. The report issued by the Department of Health Facility Complaints office stated that the man had a “large hematoma, approximately four centimeters by three centimeters, on his left forehead.” The man was not examined until thirty minutes after he sustained the injury and no vital signs or neurological tests were administered in the hours following the accident. Four hours after the fall, when the proper tests were finally conducted, the man’s vital signs were anything but stable and he was no longer responsive. He was then transferred to the hospital and died a mere two days after the initial accident. The death certificate stated that the death was caused by a massive intracranial hemorrhage. Nursing home neglect is far more prevalent than should be the case and it is essential that in the event of abuse or mistreatment, the proper authorities are notified as soon as possible.

Nursing Home Neglect in New Jersey and Philadelphia

If you believe that a loved one, residing in a nursing home or long term care facility, is receiving negligent, abusive, or inadequate care, it is possible that you have some questions regarding nursing home neglect. Please 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.

Birth Defects Attorneys Discuss Velopharyngeal Dysfunction

After your child has a palate repair surgery, most people would think that they are out of the woods and nothing else will have to be done. Unfortunately, approximately 15-25% of children born with a cleft palate will develop Velopharyngeal dysfunction (VPD). Our birth defects attorneys think that parents should be informed about the possibilities that may affect their child, and be able to react in a well-informed manner.

What is Velopharyngeal dysfunction?

new jersey philadelphia Birth Defects Attorneys Discuss Velopharyngeal DysfunctionVelopharyngeal dysfunction occurs when the open space between the back wall of the throat and the soft palate cannot be properly closed during speech. Unfortunately, this results in an unwanted escape of air or sound through the nose during speech. Essentially, this dysfunction may result in what is called hyper-nasal speech. The sounds that create speech come from both the nose and the mouth. When we speak, the majority of those sounds should come from the mouth alone. Closing the velopharyngeal space allows people to build pressure in the mouth and make the appropriate speech sounds. When a VPD is present, air comes through the nose that should not, and speech becomes too nasal.

In many cases, after surgery has been completed, or if surgery is not going to be undertaken, there are other options that can be explore. There are appliances that your doctor may recommend that can help alleviate these issues and eliminate the hyper-nasal speech problem.

Birth Defects Attorneys in New Jersey and Philadelphia

Giving birth to a child with a cleft lip or cleft palate begs the question,”Do I need the assistance of birth defects attorneys?They are necessary when a birth defect is caused by a deviation in the standard of care. For example, contacting our experienced professionals would be beneficial to you and your child if Topamax (Topiramate) was taken during pregnancy. The FDA has recently announced that Topamax has been linked to an increase in the development of cleft lips and palates. 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 – Judge-Directed Negotiations

The Obama Administration has given money grants to states as part of its health-care plan in order to launch a variety of projects in an effort to limit the rising costs and expenses of lengthy medical malpractice litigation. New York has taken those federal funds and run with them, creating a new approach known as “judge-directed negotiations“. Medical malpractice attorneys will now have the ability to sit down with opposing counsel and the judge much earlier in the litigation process in an effort to discuss potential settlements. This is a major step forward because now lawyers will be able to meet and discuss potential agreements months after a complaint is filed, as opposed to years later as the current system operates.

Early Case Settlements Mean Less Court Costs

new jersey philadelphia medical malpractice attorneys judge directed negotiationsWith both parties meeting with an honest and neutral party, the judge, it is easier to get a true hold on how the parties can meet in the middle, at a fair amount of damages. We believe this process will probably result in somewhat smaller awards for plaintiffs but it will be paid far earlier than waiting for a verdict. Trials can drag on for years and years, this process should allow the parties to reach an agreement after only months. This will allow plaintiffs to get money much sooner, which in many cases is necessary as bills begin to stack up. Michelle M. Mello, a Harvard professor, said that “ordinarily when the parties come to a settlement conference, it’s late in the game.” This will no longer be the case with the success of judge-directed negotiations. The approach has been limited to New York City courts thus far but it is expected to spread rapidly due to its apparent success.

How the Program Works

In New York, cases are assigned to a judge in the early stages of the legal process. Judges will often have a background in medical issues and a nurse with legal training also helps the judge. Frequent meetings are held between the medical malpractice attorneys and the judge, without clients present, to discuss the case. The medical malpractice attorneys must have the authority from their clients to settle the case. With more frequent interaction and more expedience in the legal process, medical malpractice attorneys should be able to achieve their clients’ goals in a much quicker and more efficient manner.

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 one of 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 Results in a Citation at Minnesota Facility

The Minnesota Department of Health has recently announced that a citation for nursing home neglect has been issued following the actions of employees at Lutheran Care Center in Little Falls, Minnesota. A female resident fell out of her wheelchair on multiple occasions in addition to falling out of a mechanical lift. The woman sustained injuries to her head, which she hit on two occasions during these three separate falls. This is surprisingly common across the country and it is essential that the proper authorities are made aware of these situations before it is too late.

Special Investigator Substantiates Claims of Nursing Home Neglect

new jersey philadelphia nursing home neglect lawyers citation minnesota lutheran care centerThe woman’s troubles began in early June, 2010. On June 8th, the resident fell two times causing significant injuries. First, she fell directly out of her wheelchair, causing her to knock her head against the ground. The woman sustained injuries just above her right eye. Later that same day, the resident fell once again out of her chair onto the floor of a lounge area at the care center. Employees should have been aware of the potential for falls because this woman suffered from advanced dementia and this should have been apparent to her caretakers. Less than one month later, on July 5th, an employee did not know how to use a Divided-leg Sling which was attached to a mechanical lift. This lack of understanding led to yet another fall. This led to the development of a significant sized bump on the back of her head. An investigator for the state was able to substantiate these claims of nursing home neglect when he visited the Lutheran Care Center in September of 2010. Nursing home neglect is a growing problem across the map and it is crucial that these problems be reported as soon as possible in an effort to sustain the health of patients and residents everywhere.

Nursing Home Neglect in New Jersey and Philadelphia

If you believe that a loved one, residing in a nursing home or long term care facility, is receiving negligent, abusive, or inadequate care, it is possible that you have some questions regarding nursing home neglect. Please 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.

Birth Defects Attorneys Give Anti-Bullying Advice

new jersey philadephia birth defects attorneys anti bullying adviceYour child has a cleft lip and is about to start school and you are nervous that he or she may be the victim of a school bully. Our caring birth defects attorneys want to help you get ready for this. It is in any parent’s nature to want to nurture their child for as long as possible and shield them from the cruel outside world. Now that your child is school aged, this is less and less an option and you should be focusing and preparing your child for school and the social interactions that comes with it. As we all know from our school experiences, children can be cruel (although we are not suggesting that all children are). It is not to say that bullying will happen, just that it can happen, and you should take steps to prepare your child to deal with it in a positive way. We wish you and your child a happy school year and want it be as successful as possible.

Helping Your Child Understand Their Situation

It is important for your child to understand his or her condition in a way that helps them communicate to others what is different about them, as curious children may ask. Explaining this in a way that children can understand will be beneficial to your child and expose other children to the differences in people. Take the opportunity to make your child feel special and help him or her understand what is different (and special) about them.

It may go without saying, but taking photographs as your child matures is helpful so they can see their physical history and see it as “normal.” These photos document changes and help children have an opportunity to ask questions about their condition in a non-threatening environment.

In the case of a negative social interaction with another student, many parents get angry and want to confront the other child’s parents right away. Before you do, ask your child to express his or her feelings about it and try to understand what happened. Use this is a segue to discuss the birth defect in a positive way and ask how your child would like to proceed. Obviously, there are going to be situations where confronting the other parents is necessary, even if your child does not want to. But in some situations, letting kids work out their own differences, with a little adult help, can be beneficial.

Birth Defects Attorneys in New Jersey and Philadelphia

In many cases, parents of a child with a cleft lip or palate ask if they need the services of birth defects attorneys. Due to the nature of the birth defect, lawyers would do little good. However, the FDA has recently announced that Topamax (Topiramate) has been linked to an increase in the development of cleft lip/palates. If you believe that Topamax may be involved with your child’s cleft palate/lip 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: How The Litigation Process Works

Following an injury due to medical negligence, patients and families frequently seek legal representation in order to set forth a claim in court. Plaintiffs can be a wide range of individuals including the patient, a party acting on behalf of the patient, or even the executor of a deceased patient’s estate. Once medical malpractice attorneys begin representation, the lawsuit is filed within the appropriate jurisdiction and the legal process is underway. Although it may seem like a long and confusing endeavor, the startling frequency of incidents of medical negligence make filing a lawsuit one of the only ways to seek justice and compensation today.

Elements of a Medical Malpractice Case

new jersey philadelphia medical malpractice attorneys explain how litigation process worksSince the plaintiff is the party bringing the lawsuit, the patient, and his or her medical malpractice attorneys, bear the burden of proving all of the necessary elements of the case by a preponderance of evidence (also known as the “more likely than not” standard). There are four key elements involved in a medical malpractice lawsuit.

  • First, it is necessary to prove that a legal duty was owed by the healthcare provider to the patient.
  • Secondly, it must be proven that the healthcare provider breached the duty of care that they were supposed to fulfill.
  • Thirdly, the patient must show that because of the breach, they sustained an injury.
  • Finally, even if a patient is able to show that their healthcare provider acted negligently, this is not enough. We need to show damages to ensure that there is a basis for the claim.

Settlement or Trial?

A large majority of cases are settled without ever reaching the inside of a courtroom. If both sides are able to reach a fair and reasonable agreement, lawyers will try to settle the claim. Without an agreement, the case will proceed to trial. At trial, both parties will present evidence and expert witnesses to testify as to the standard of care that is required and whether or not the healthcare provider lived up to that standard. The finder of fact, whether it is a jury or just the judge, will then weigh all of the evidence and determine which side is more credible. Attorneys will attempt to prove their case in order to provide their client the proper compensation for the injuries that they have sustained.

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 one of 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.