Category: Malpractice

Don't be Fooled, Pressure Ulcers are Preventable

The National Pressure Ulcer Advisory Panel is an entity that serves as the authoritative voice for improved patient outcomes in pressure ulcer prevention and treatment through public policy, education, and research. On March 3rd of this year, the panel released notice that their recent consensus conference, held at Johns Hopkins Medical Center in Baltimore, Maryland, determined that there are indeed unavoidable pressure ulcers.
The panel was comprised of 24 specialists in medicine, geriatrics, surgery, specialty nursing, physical therapy, and also included dieticians. The panelists concluded that there were two instances in which the development of a pressure ulcer could not be avoided.

1. Refusal of the patient to participate in his or her own pressure ulcer prevention.
2. Certain clinical conditions such as hemodynamic instability (abnormal blood movement) or skin failure.

We at the Mininno Law Firm see these findings certainly as reasons that pressure ulcers do form, but in no way reasons that their formation is unavoidable. From the beginning of treatment, a vital key to pressure ulcer prevention is assessment. Doctors and caretakers must assess the condition and needs of a patient. Following assessment, the next vital step is planning. If it is determined that a patient suffers from hemodynamic instability, they are therefore more susceptible to pressure ulcers, and additional plans must be made to actively prevent those pressure ulcers from forming.
If a patient refuses to be moved or turned, a doctor or caretaker must then implement additional skin protection strategies. The higher the risk, the more attentive their care must be. A patient that refuses to be turned could also be placed on a special pressure distributing mattress that helps prevent bed sores and pressure ulcers.

Pressure ulcers are a dire affliction that must be promptly treated as they could quickly cause other serious complications to a patient’s health. If you or a loved one is suffering or has suffered from the formation of a bedsore or pressure ulcer, do not hesitate to call for help. The trial lawyers at Mininno Law Office are here to provide the help and representation you’ll need to be compensated.
Contact us or call us at (856) 833-0600 in New Jersey or (215) 567-2380 in Philadelphia.

Medical Malpractice – inevitable human error or very preventable negligence?

We all agree that there are too many medical malpractice lawsuits in courtrooms around the country. The reason for this is simple. While most doctors and medical staff are well trained and professional, every day, some medical care workers prescribe the wrong medication, misdiagnose patients, perform the wrong procedure, and even operate on the wrong part of the body. Overworked and underpaid nurses and aides make simple mistakes that harm patients. Surprisingly, the most common cases of medical malpractice involve preventable falls and preventable bed sores.

In 2008, New Jersey hospitals reported 533 incidents of error. These blunders included patient falls, bed sores, and foreign objects left inside patients after surgery. Of these 533 errors reported in New Jersey in 2008, 40% of them were patient falls. The typical falling patients were elderly women between the ages of 81 and 90. Fractures to arms and legs were the most commonly reoccurring injuries resulting from falls, while 9% of the falls resulted in death. Seventy-one percent of the falls happened in the patient’s rooms, usually while the patient was trying to get to the bathroom. Some may argue that these falls are hardly medical malpractice cases, and simply accidents. Those people are wrong. These “accidents” are preventable and someone must be held accountable. Fall prevention must be high priority for health care facilities housing high-risk fall patients, and hospital staffs should be educated about those patients. Perhaps better lit pathways to private bathrooms, or rails that patients could hold onto while walking could reduce fall rates. We send our loved ones to the hospital in hopes that the doctors and nurses will be able to treat their ailments and return them back to health. Those doctors and nurses are paid to care for and watch over our parents, grandparents, aunts, uncles, cousins, etc. Should it not then be a nurse’s job to know that the 82 year old woman in room 104 is at risk of falling, and therefore check on her more regularly?

In addition to preventable falls, bed sores and pressure ulcers are also among the most frequently reported errors, and a grave cause for concern. The medical evidence overwhelmingly shows that there is no reason that any nursing home or hospital patient that is being properly cared for ever develop a bed sore or pressure ulcer. They are simply a sign of negligence and inadequate care-taking, and both count as medical malpractice. Bed sores and pressure ulcers result in unnecessary and preventable suffering, infection, and other serious complications, that otherwise would not have to be dealt with. Some sick patients can not take a minute infection that a bed sore can cause, and that minute infection than becomes fatal. Preventative measures should be taken to avoid these awful afflictions. Those measures include repositioning the patient every two hours, inspecting the parts of the body most prone to bedsores, cleaning skin that becomes moistened from perspiration, excrement, or wound drainage, changing sheets frequently, and keeping patients hydrated.

Asking medical personnel to prevent over 200 sick patients from falling and sustaining serious and possibly fatal injuries is far from asking doctors to be perfect. Demanding that nurses and nurses’ aides be more attentive to bed ridden patients to prevent painful and dangerous bedsores is not outrageous. Negligence, inadequate care taking, and inattentiveness are all cases of medical malpractice.
If you or a loved one has suffered due to medical malpractice in New Jersey or Philadelphia, Mininno Law Firm is here to help you get the compensation you are owed. Call (856) 833-0600 in New Jersey, or (215) 567-2380 in Philadelphia.

The dangers of cosmetic surgery are worth thinking about while considering an operation

We always hear about celebrities getting cosmetic surgery. We hear about how glamorous it is, and we hear about the incredible changes that it makes to our bodies. Sometimes we hear about what goes wrong. However, these stories are often swept under the rug. We rarely hear about the dangers of cosmetic surgery, and judging by the numbers, potential consequences aren’t stopping anyone. According to the ASAPS, more than 10 million surgical and nonsurgical cosmetic procedures were performed in the U.S. in 2008.

What are the dangers of cosmetic surgery?

Specifically looking at breast implants, young adults must be especially cautious before going under the knife. It’s important to understand both sides of the equation: the positive side and the negative side. The positive side is obvious — there are psychological and physical reasons to consider. The risks however, can be both short-term and long-term problems as well as general complications. Thousands of young women undergo breast implants every year. With so many procedures and medical risks, there is always a chance that something could go wrong.

One of the dangers of cosmetic surgery for young women lies in the fact that their bodies have not fully matured yet. They’re still growing, and therefore, a major operation early in life could have consequences later in life. Those who are considering a procedure have to ask themselves the ultimate question: Is it worth the risk?

Are there dangers in cosmetic surgery for men?

Don’t be too surprised to hear men in the conversation. It’s become more and more common for men to join and try out these kinds of procedures. Some people just don’t like the image they see in the mirror every day, and they see a simple procedure as an option that’s worth the risk. Still, there are dangers in cosmetic surgery that are similar to risks that women face. Beyond the physical/medical risks, it’s going to cost a significant chunk of change. Once again, it comes down to one question: Is it worth the risk?

What if the worst should happen?

We hope your surgery is a success and free of complication. If something does go wrong during or following a surgery, call a New Jersey medical malpractice attorney who can answer your questions on surgical errors and complications.

You and your loved ones deserve safety and proper care. Our experienced civil trial lawyers are always available to help. Call (856) 833-0600 in New Jersey or (215) 567-2380 in Pennsylvania.

Serve your country: Jury duty is essential to fairness in the justice system

There’s a common saying that only two things in life are certain: death and taxes. However, I think there’s one more certainty that we should add: jury duty. Though it’s essential to the preservation of our government, nobody likes it. It’s like going to the dentist — it’s something you’d do just about anything to get out of. However, I’m here to tell you that jury duty is essential to not only the legal system, but to the preservation of the laws that govern our country. Regardless of whether we like it, it’s something that we simply have to do.

Why is jury duty essential?

Jurors make up the foundation of the court system. Without them, everything would be in disarray. Who would debate the testimony? Who would decide who is guilty and who is innocent? If you can come up with someone other than the jurors, I’m all ears. They ensure that everyone receives a fair trial. Only a group of individuals who are impartial to the matters of the case can determine for sure who is guilty and who is innocent.

Why are so many jurors upset right now?

Despite the argument that jury duty is essential in our court system, many people are voicing displeasure. The reason is money. In a recovering economy, many people are strapped for cash. They can’t afford to lose a paycheck. Because of the recession, many people are living paycheck to paycheck.

Imagine you are living paycheck to paycheck. One day, you get a call to sit on a trial and help decide a case. Someone tells you that jury duty is essential to the court system and you have to do it. However, you know you’re going to miss out on a paycheck or two. How would that make you feel? How would you respond?

For those who are used to the process, you know that there is a stipend to sit on a case. Rates are as high as $40 in cities like Dallas, but they can be lower elsewhere. To many people, that’s simply not enough. However, jury duty is essential to the success of the current system. To read more about this issue, click here.

Do you have questions or answers about the legal system? We can help

At the Mininno Law Office, we have experienced civil trial lawyers who are at your service. Our New Jersey attorneys are always available and willing to help. Whether you have questions about medical malpractice, trucking accidents or any other legal matter, we’d like to hear what you have to say. Call (856) 833-0600 in New Jersey or (215) 567-2380 in Pennsylvania to get the help you need.

Ask for nose spray to lessen infection risk if you're having surgery

Sometimes the simplest solutions are “right under our nose.”
The risk of infection is one of the most common and well-known risks associated with any surgery. For years, doctors and hospitals have cooked up various ways to lessen infection risk and eradicate the bacteria and bugs that seem to thrive in hospitals and operating rooms.

Until now, these efforts have only marginally reduced the rate of infections following surgery. The staph bacterium has been particularly troublesome.

How can the risk of infection be reduced?

Research shows that the staff bacterium is the most common cause of infections following surgery. Now, researchers have discovered a safe and easy method to dramatically reduce surgical site infections by 40 to 60 percent.
These findings, published in the January 7, 2010 edition of the New England Journal of Medicine reveal that bathing patients with an antiseptic followed by squirting a medicated ointment up a patient’s noses can dramatically cut the rate of dangerous staph infections following surgery.

Can we really lessen infection risk?

At last, we have a simple solution for this difficult problem. Please remember, patients should be their own “patient safety advocate”. Speak up for your health. The next time you or a loved one requires surgery, ask your surgeon for the nose spray and bath. Your risk of infection will be reduced dramatically.

If your surgeon won’t agree with your request, you may want to find a new surgeon. That’s your right. Better yet, print out this blog and the article from the New England Journal of Medicine and give it to your surgeon. Chances are, you’ll get the bath and the nose spray.

What if the worst should happen?

We hope your surgery is a success and infection free. But, if something does go wrong during or following a surgery, call a New Jersey medical malpractice attorney who can answer your questions on surgical errors and complications.
You and your loved ones deserve safety and proper care. Our experienced civil trial lawyers are always available to help. Call (856) 833-0600 in New Jersey or (215) 567-2380 in Pennsylvania.

The link between burnout and surgical errors should be taken seriously

We have all heard the term, “burnout.” It means exhaustion of physical or emotional strength or motivation usually as a result of prolonged stress or frustration. It applies to teachers, pilots, coaches, lawyers and doctors.
When it comes to surgeons, burnout is a clear cause of surgical errors and mistakes. That shouldn’t surprise anyone.

A recent study acknowledges what we already know: As a group, surgeons work as hard as any other profession. What’s worse, the hours are often worked under very stressful situations. It’s natural for any human being to be tired from working grueling hours in stressful situations.
Therefore, it’s important for anyone working in those conditions to get the proper rest so they can perform at the highest level they possibly can.

We know burnout and surgical errors are linked, so what’s new?

Since 1885, the Annals of Surgery journal has been doing monthly reviews of medical issues like burnout and surgical errors. The objective of a surgery on burnout and surgical errors conducted by the Annals of Surgery was simple: figure out how burnout and surgical errors are linked.
Sounds pretty simple, right? There were 7,905 participating surgeons in the study to make sure there was a big enough sample size.

Here are the results on burnout and surgical errors: Nearly 9 percent of the survey’s participants said they had made a serious medical mistake during the previous three months. That’s 700 surgeons, and that’s scary.
More than 70 percent of surgeons attributed their mistake to something they personally did wrong or failed to do correctly. In other words, these surgeons took the blame for their own mistakes.

What did we learn about burnout and surgical errors?

If a surgeon is “burned out,” how more likely is it that he or she will make an error? Since the problem is known to exist, the next step is to find a solution.
What is the best way to reduce surgeon distress? Unfortunately, if a patient needs care, cutting back hours may not be the answer, but all options should be considered.

With that said, we’d like to hear from you. How do you think “burnout” should be reduced?

Do you have questions or answers about burnout and surgical errors?

Add a comment to our blog. New Jersey lawyers can answer your questions about surgical errors and complications.
At the Mininno Law Office, we have experienced NJ trial attorneys who have dealt with these cases all too often. We’d be happy to answer any questions you have or offer any help you need. Call (856) 833-0600 in New Jersey or (215) 567-2380 in Pennsylvania.

Patient rights protection is getting major help from a new ad campaign

Patient rights protection might not be the first thing you think about when you or a loved one has to go to a hospital. You may not always need it, but when you do, you’re sure glad it’s there.

Why is patient rights protection important?

To explain why patient rights protection is important, let me share what may be a shocking statistic. Fact: Research shows that each year, 98,000 lives will be lost to preventable medical errors. Do you know what the keyword is in that sentence? It’s “preventable” and it means that these medical errors that cause wrongful death can be avoided. These are errors that should not happen and these deaths should not happen.
If we can improve patient rights protection, we can do two things. We can both improve health care and decrease the number of deaths from preventable medical errors.

Is anyone fighting for patient rights protection?

Yes, certified civil trial lawyers are fighting for patient rights protection. The American Association for Justice, formerly called the Association of Trial Lawyers in America, has recently spent its own resources to advocate and fight for patient rights protection. The goal? Make health care more affordable for everyone.

In order to make a difference, 30 public service “billboards” that will be displayed at Union Station Metro in Washington, D.C. during the entire month of December. The campaign has already gotten a ton of positive press coverage. You can read about the effort on Politico and on NationalJournal.com.
Each ad will tell a story of someone who was hurt by medical negligence. This is an investment of $100,000, but it shows how important health care is to medical malpractice attorneys. New Jersey attorneys see cases with surgical errors and medical mistakes all too often. In addition to fighting for their clients, they’re fighting for all Americans to get better health care.

What about tort reform? Will it help with patient rights protection?

Tort reform will not help with patient rights protection. Think about who’s pushing tort reform — insurance lobbyists and corporate nursing homes. Why? They’re trying to make more money. Tort reform takes away rights, it doesn’t support them. It won’t help improve health care; it will just make things worse.

What if I’m not being protected?

Talk to a medical malpractice attorney. At the Mininno Law Office, we have experienced New Jersey attorneys who have dealt with these cases all too often. We’d be happy to answer any questions you have or offer any help you need. Call (856) 833-0600 in New Jersey or (215) 567-2380 in Pennsylvania.

How to find the best medical care for you and your loved ones

Best medical care: How can you find it?

Finding the best medical care is not easy. Why? Because how do you ever know whether you are or are not getting the “best.” Is “best” the most likeable, the most experienced, the best trained? How can you even begin to find the “best” medical care. As a trial lawyer, I have had the experience of seeing and learning about “poor” medical care from the people who call me every day with a potential medical malpractice case.
Usually, I only learn about what “great” medical care should be after I retain a well qualified expert to evaluate a potential medical malpractice case.

But, now there is a great resource that I want to share with you, a book on the best medical care is one great resource. It’s called “The Life You Save: Nine Steps to Finding the Best Medical Care and Avoiding the Worst.”Written by Patrick Malone, this book should be one of the primary resources to help you find the “best” medical care.
This book, written by one of the country’s great trial lawyer is one first reference books of its kind. In 296 pages, Malone answers the basic questions: what, when, where, why, and how. What questions should you ask your doctor? When do you have symptoms that need immediate attention? Where can you find the most experienced surgeons and safest hospitals? Malone answers all of these questions and more. Find out more about the book or purchase it by clicking here.

Another great guide is here. The site’s patient section covers all of the ways you can use the Internet to get the help you need. The guide covers search engines, online doctors, chat sessions, newsgroups, mailing lists and more.

If I don’t find the best medical care, what could happen?

That’s simple. You could become the victim of medical malpractice. The quality of medical care increases with the quality of the doctor or hospital giving that care. The risk of a bad outcome increases with the degree of inexperience of a doctor. So, the consequences of not having the most experienced doctor or the highest quality attention can be very severe.
A surgical error, for example, could lead to personal injury or death. There’s nothing more important than your health and the health of your loved ones, so getting the help you need isn’t an option. It’s a necessity.

What if I’ve been a victim of medical malpractice?

Talk to a medical malpractice attorney. At the Mininno Law Office, we have experienced New Jersey lawyers who have dealt with these cases all too often. We’d be happy to answer any questions you have or offer any help you need. Call (856) 833-0600 in New Jersey or (215) 567-2380 in Pennsylvania.

Medical malpractice data should be easily accessible for public viewing

Did you know that medical malpractice data about your local hospitals and doctors is being hidden from you? We’re not talking about a few little facts. We’re talking about 20 years worth of medical malpractice data, including 460,000 records of medical malpractice lawsuits.
This is data that the public SHOULD have access to but doesn’t. It doesn’t sound fair, does it? You’re right of course — it’s not fair.

Why is medical malpractice data being hidden from the public?

It may sound obvious to you, but medical malpractice data is being hidden because there are some people who don’t want you to see it. The American Medical Association is probably the biggest culprit here. Reported by Tulsa World, the AMA is telling us that the information in the database is inaccurate and unreliable. Do you believe that?

Let’s go back to the question at hand. This medical malpractice data contains information about doctors’ mistakes. Now can you see why an organization like the AMA would not want this information to get out? This data could hurt doctors’ reputation because if people found out that their particular doctors frequently made mistakes, they might just switch doctors.

Why is it important to publish medical malpractice data?

Medical malpractice data is incredibly important for any patient. If you knew which doctors have made mistakes and which haven’t, you would have an easier time picking a doctor for an operation, treatment or whatever your need may be.

Also, this data would help other doctors explain the risks and benefits of medical treatment. A doctor and a patient could each do their own research and make better, more informed decisions.

Finally, if a doctor knows that his or her mistakes will be on a public record, perhaps that doctor will be just a little more careful with a patient. We have all seen examples of how public scrutiny changes behavior and acts as a check and balance system on irresponsible conduct.

More than anything else, don’t you have the right to know? We pay for medical treatment. We are the customers. You deserve proper medical attention and care, and if your physician’s mistakes are being hidden, you do not have all of the information needed to make important medical decisions.
The best way to get information is to just ask questions. Ask your doctor, ask your friends. Do some research. Sooner or later, you’ll find what you’re looking for. If for some reason you can’t get the information you want on your doctor, it may be time to look for a new doctor. You should always know the quality of care you can expect to receive.

What if I’m not getting my questions answered?

Talk to a medical malpractice attorney. At the Mininno Law Office, we have experienced New Jersey lawyers who have dealt with these cases all too often. We’d be happy to answer any questions you have or offer any help you need.
Call (856) 833-0600 in New Jersey or (215) 567-2380 in Pennsylvania.

Visiting a nursing home requires observation and communication

Visiting a nursing home is not an easy thing to do. The truth is, one visit can have huge implications for someone you love. You can learn so much just by spending a little time at a home, talking with staff and absorbing the atmosphere.

When visiting a nursing home, you should have a sharp eye and be very observant for anything that stands out — good or bad.

When visiting a nursing home, what should I look for?

When you’re visiting a nursing home, you want to gauge the morale of residents and staff, but most importantly, you want to know about one word: care. How are residents cared for? What’s the quality of care? Do employees truly care about the residents or are they just doing their job? This is really the best way to help you choose.
Let’s face it. It is difficult to care for our own loved ones, who may have enormous needs and medical problems. It takes a special person to be able to care for the elderly on a daily basis. Look at staff members. Do they seem like they really care about the patients; or are they just collecting a paycheck and doing a job?

These are all important questions to ask yourself during your visit. It may help to bring a pen and a pad. Ideally, you’ll gather tons of information that you can’t possibly remember, so write everything down so you don’t forget. A checklist is one way to approach note-taking. We suggest you go to Medicare.gov, which has a great nursing home checklist.

What else should I do when visiting a nursing home?

We’ve discussed observing the care that residents get when you’re visiting a nursing home. Observing is just step one. Step two? Talk. Communicate. Talk to the employees. But most importantly, LISTEN to what they say. Do they refer to the residents by name, or call them “clients and patients.” Spend time with residents as well. Ask employees to introduce you to residents.

Here’s an even better idea: Talk to other visitors — families who have residents there. Call in advance to find out when visitors are most likely to be there, and then talk to them. Exchange e-mail addresses and get the real scoop. Ask them what they think of the place. Ask them about the care their relatives are getting.

Although this may be tough, you should bring your loved one if possible. They may be reluctant to interact or even go to the home, but you can learn by watching how the staff treats them on the visit to the nursing home. If possible, let your loved one engage with other residents. Watch staff interact with him or her. See what happens.
This step is crucial. Many nursing homes are businesses that want your Medicaid and Medicare dollars, so if you don’t look carefully and find the right home, your may increase the chances of your loved one becoming a victim of nursing home abuse, neglect or exploitation.

If such a case should arise, though we hope it never does, please contact a nursing home abuse lawyer immediately. At the Mininno Law Office, our certified civil trial lawyers are experienced with these cases and would be happy to help you. Call (856) 833-0600 in New Jersey or (215) 567-2380 in Pennsylvania.