Uncategorized Archives - New Jersey Medical Malpractice Lawyers

Medical Malpractice Attorneys Take Issue With Physician Opinions on Honesty and Disclosure

Harvard Medical School, along with a number of other Massachusetts health institutions, executed a survey among doctors and medical professionals regarding their honesty with patients. The study and it’s findings were published in the medical journal Health Affairs. Unfortunately, medical malpractice attorneys aren’t shocked by some of the survey’s results.

Medical Malpractice Attorneys Concerned with Survey Results

philadelphia and new jersey medical malpractice attorneys, new jersey lawyers, medical malpractice lawyers, philadelphia medical malpractice The team of med students and medical professionals aimed to discover how honest doctors believe they should be, and in turn actually are, with their patients. The survey was carried out in 2009 and involved almost 1,900 practicing doctors from the United States.

While the majority of doctors and physicians believe that patients should always be told all of the truth, there was a substantial minority of practicing doctors that do not agree that patients need always know the whole truth about their treatment. This opinion and possible basis of practice is a direct violation of The Charter on Medical Professionalism, which insists on openness and honesty. The Charter was penned in 1999 by medical entities in both the US and Europe. It is argued by some that the charter, while not outwardly proclaiming to do so, aims to replace the Hippocratic Oath as a medical guideline for professionalism and patient safety. It is backed by over 100 professional organizations world wide, including the US Accreditation Council for Graduate Medical Education.

The survey inquired as to how closely its participants followed the principles set forth in the Charter when it came to conveying information to patients. Authors of the Health Affairs article reported the following:

The vast majority of doctors believe they should be 100% honest with their patients regarding the pros and cons of certain medical treatments. That same majority also agrees that they should never reveal confidential patient information to unauthorized persons.

About one third of the doctors surveyed don’t believe it’s necessary to disclose serious medical errors to patients.

Almost one fifth of the doctors surveyed believe that lying to patients in certain situations is justified.

Forty percent of surveyed doctors believe it is unnecessary to habitually disclose information about their financial relationships with pharmaceutical or medical device companies.

About 1 out of every 10 doctors surveyed admitted to lying to at least one patient in the 12 months prior.

The article’s authors suggest that the survey results could mean a large gap between what patients know as true and what actually is. They wrote:

“(our findings raise concerns) about whether patient-centered care is broadly possible without more widespread physician endorsement of the core communication principles of openness and honesty with patients.”

Philadelphia and New Jersey Medical Malpractice Attorneys

Doctors take an oath to always act in the best interest of their patients; it is the most crucial part of their job. If you believe that you’ve been deceived by your physician, or that physician acted negligently in your treatment, contact the Philadelphia and New Jersey medical malpractice attorneys of Messa & Associates, P.C. Our attorneys are experienced and skilled in earning substantial compensation for injuries sustained due to medical errors. Call, toll-free, at 1-877-MessaLaw, or submit a free online inquiry for a free case evaluation.

If you would like to speak with someone immediately, simply click the link to your right that says “CHAT LIVE!” A representative will be able to help right now.

Philadelphia Attorney Eric H. Weitz Elected to Philadelphia Bar Association Board of Governors

Media Contact:

FOR IMMEDIATE RELEASE

Glorious Hightower
ghightower@messalaw.com
215.568.3500

MESSA & ASSOCIATES, P.C.

Philadelphia Attorney Eric H. Weitz Elected to
Philadelphia Bar Association Board of Governors

PHILADELPHIA (January 26, 2012) – Attorney Eric H. Weitz, of Messa & Associates, P.C. has been elected to the Board of Governors for the Philadelphia Bar Association. Mr. Weitz will serve a three-year term on the Board of Governors, working with the Chancellor and fellow Governors to establish official policy for the Philadelphia Bar Association and provide guidance to the overall legal system. Attorney Weitz is also a board member a number of other organizations including the Philadelphia Trial Lawyers Association (PTLA) and the Pennsylvania Association for Justice (PAJ).

“This year, a presidential election year, is an especially exciting time to be joining the Board of Governors for the Philadelphia Bar Association,” said Attorney Weitz today. “Our legal system nationally and our court system locally are constant source of debate and discussion in election years, and I look forward to working with my colleagues to formulate ideas and policies that will continue to protect people’s rights, while adapting to a rapidly changing economy and societal needs.”

Mr. Weitz has successfully litigated dozens of personal injury cases for his clients, including a $28.75 million verdict for a foster child that was rendered a paraplegic in a motor vehicle accident and many multi-million dollar resolutions for victims of medical neglect and other unsafe practices.
The Philadelphia Bar Association is the oldest association of lawyers in the United States. It provides guidance and professional support for attorneys, judges and politicians on legal issues. In addition, the organization offers local Philadelphia community members assistance in addressing legal matters.

Attorney Weitz received his juris doctorate, cum laude, from the Villanova University School of Law and his undergraduate degree from the S. I. Newhouse School of Public Communications at Syracuse University where he was awarded a Bachelor of Science, cum laude, in Television, Radio and Film Management. He has been named a Pennsylvania Super Lawyer by Law & Politics magazine and Philadelphia Magazine for five consecutive years, including Top 100 Pennsylvania and Top 100 Philadelphia for 2011. Mr. Weitz is also an active member of the American Trial Lawyers Association in New Jersey.

About Messa & Associates, P.C.
Messa & Associates, P.C. represents individuals and their families in complex personal injury matters, including catastrophic injury, medical malpractice, product liability, motor vehicle accidents, fires and explosions. Our attorneys serve Pennsylvania clients throughout the state, including in Philadelphia and other surrounding communities in Montgomery County, Chester County, Delaware County, and Bucks County. Messa & Associates is also proud to serve clients throughout the state of New Jersey, and also litigate cases nationwide.

For more information, please contact Glorious Hightower at (215) 568-3500 or GHightower@messalaw.com.

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Medical Malpractice Attorneys Win $3 Million for Young Girl

The difference between a civil trial and a criminal trial is easy. In a civil trial, the jury must reach a majority opinion based on a “more likely than not” standard, as opposed to the criminal law requirement of a unanimous decision which is beyond a reasonable doubt. Thankfully for young Hannah Tilton, a ten year old girl who is severely disabled, the civil jury system worked out. In a six to three decision, a jury found that midwife, Irene Meyers, had breached the standard of care when she oversaw Hannah’s birth which led to dramatic injuries. Medical malpractice attorneys say that following a nine day trial, spanning three weeks, the jury got this case right after about six hours of deliberation.

Money Damages Help but They Certainly Aren’t Enough

Young Hannah Tilton was awarded $2.3 million for medical and health care expenses that she will incur in the future, $345,000 for medical expenses that she and her family have already paid, and $500,000 for the girl’s permanent impairment and loss of enjoyment. The young girl was born with severe mental retardation which has left her confined to a wheelchair. Furthermore, she must use a feeding tube for sustenance and maybe worst of all, she is blind and can’t speak or verbally communicate. Hannah was diagnosed with Kabuki Syndrome but her medical malpractice attorneys urged that she must have suffered a serious injury during birth due to a lack of oxygen. In a tight vote, the jury decided that Meyers failed to follow the standard of care when she was charged with overseeing the delivery and her negligence caused these significant injuries. Medical malpractice attorneys believe that this is a major victory for a plaintiff who has suffered an inordinate amount in her young life.

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.

New Health Legislation may not provide Coverage for Everyone

The health legislation concerns still keep going and going. The Democrats have celebrated that the bill created in the Senate Finance Committee would not increase the deficit, but it may not actually provide coverage for every American as previously promised. Yes, the bill will cover the expensive and possibility the sickest patients, but it will pose an insurance risk to other people by making them pay even more in health care coverage. This will lead to people once again not being able to afford coverage and then again having not everyone receiving health insurance coverage. The health care reform was supposed to provide health care coverage for as many if not all Americans. This does not seem to be the case since health insurance will increase their costs for those with insurance making those with insurance unable to afford it. This means less injuries and health problems for those that are covered by the new health care reform and unaffordable insurance and more injuries and problems for people that already had health insurance. This seems like the bill will not actually be able to deliver what was once promised. Patients and proper health care should come first, but yet again, money and profits are still being put first. When will our system get up to speed to places like Europe where if you have an ehic card, that’s probably all you are going to need for coverage. We need to make sure that not only is every American able to afford coverage but that this coverage will provide proper medical care and less malpractice and injuries for patients.

For more information on the new health reform debate, you may visit: http://www.washingtonpost.com/wp-dyn/content/article/2009/10/08/AR2009100801732.html

If you or someone you love feels like you have not received proper medical care, please contact a malpractice lawyer right away. They will help you advocate for your rights to receive proper medical care.

Chrysler Removes Body from Funeral

A graveside subpoena has kept a New Jersey man from his final resting place, and now members of his family are venting their outrage. Unfortunately, the family of the late Harold St. John is the most recent victim of the corporate legal machine.

In a desperate attempt to gain some ground in an ongoing lawsuit, the Chrysler Automobile Company demanded the body of Harold St. John be removed from his funeral service so additional tests could be performed. His remains have unfortunately become part of the legal tug of war surrounding a lawsuit Harold St. John’s exposure to asbestos while working for his father’s auto shop.

Harold St. John was diagnosed with Mesothelioma, a rare disease that is most commonly linked to asbestos exposure. While installing brake liners in his youth, Harold was constantly exposed to the dangerous chemical. As a result of his illness, he sued both Chrysler and Honeywell.

According to the family, the removal of the body was completely unwarranted. Chrysler’s claim was that the body needed to be removed in order to attain tissue samples, and discover the cause of death. However, Harold had undergone several extremely painful biopsy procedures to provide sufficient tissue samples while he was still alive.

Thus, the family has been left confused, only able to speculate why the Chrysler Corporation would get a court order for the remains of their father the day of his service.

“They waited until we all left, I don’t get it,” stated his son.

“The have all the evidence they need,” reports his late wife. “It’s a stall tactic. They’re ruthless.”

(WCBS-2, Cranbury, New Jersey)

Indeed, it would seem that respect for the dead and mourning don’t apply when it comes to Chrysler’s corporate agenda.

Window blinds and shades recalled after 1 child strangled, another nearly killed

By NATASHA T. METZLER, Associated Press Writer
7:04 AM PST, November 20, 2008

WASHINGTON (AP) _ About 677,300 IKEA and Green Mountain Vista window blinds and shades were recalled in the United States on Thursday after a young child choked to death.The Consumer Product Safety Commission said a 1-year-old girl from Greenwich, Conn., died in April when she got caught in the inner cord of a set of IKEA Roman blinds over her playpen.

The agency also received a report of a 2-year-old girl from Bristol, Conn., who nearly died in June on the beaded-chain loop hanging from a set of Green Mountain Vista shades. The girl’s neck was deeply bruised, but she was saved by her older brother.The recall includes about 670,000 IRIS and ALVINE Roman blinds, manufactured in India and distributed by IKEA Home Furnishings. They were sold at IKEA stores nationwide between July 2005 and June 2008. Another 4.8 million blinds were sold outside the country.

The blinds can be returned to any IKEA store for a full refund and its better to ask for help www.longmontwindowcompany.com.

Also recalled are about 7,300 insulated blackout roller shades and insulated Roman shades manufactured in China by Green Mountain Vista Inc. The shades were sold around the country by Country Curtains, Plow & Hearth, The Linen Source, Sturbridge Yankee Workshop, Ann & Hope, The Sportsman’s Guide, Target.com, The Curtain Shop of Maine, and the Solutions catalog. They were available between June 2005 and September 2008.

Green Mountain Vista shade owners should check to see if the tension device is attached. If not, contact the company for a free repair kit and installation instructions.

For more information on the Green Mountain Vista shades, call (800) 639-1728.

Contact a defective product attorney in New Jersey

Contact a defective product attorney in Pennsylvania

Parents Beware- Toys With Hazardous Chemical to Remain on Market this Holiday Season

So much for the Holiday Spirit. As you shop for your kid’s holiday presents this season, you risk buying a toy that contains an already banned plastic linked to children’s illnesses.That’s because “a new federal ban on the use of the controversial chemical phthalate in teethers, pacifiers and other children’s products won’t apply to goods already in warehouses or on store shelves, federal safety regulators said yesterday.” – Annys Shin, The Washington Post

Unfortunately the Consumer Product and Safety Commision has decided to allow the makers of child toys and products containing a banned plastic to remain on the shelves.This means that, various companies, including manufacturers in China and other third will countries, will be allowed to sell their products containing the controversial chemical as long as they are manufactured before the date the ban takes place (February 10^th, 2009).Most of these products are already on shelves for the holidays.

The ban, which was passed in August as part of a landmark product safety law, is supposed to remain in effect until a panel finishes a scientific review of phthalates.Although testing is still taking place, a scientific consensus has already formed that demonstrates this plastic’s hazard.Studies have shown that phthalates, “…have been shown to change hormone levels and cause birth defects.” Phthalates have negative effects on individuals of all age, however, in particular, “Young infants are more vulnerable to the potential adverse effects of phthalates given their increased dosage per unit body surface area, metabolic capabilities, and developing endocrine and reproductive systems.” – Sathyanarayana

The ban is supposed to remain in effect until a panel finishes a scientific review of phthalates.With studies showing the adverse effects of phthalate on the body, it is clear that this decision violates the direct purpose of the law.If consumers will not be able to tell what products were made when, and which products contain phthalates, than the ban will have little to no effect in helping consumers protect themselves.As Rachel Weintraub of the Consumer Federation of America puts it, “How will parents know whether the rubber ducky they’re buying was made today and not in March?'”

Here are some tips to parents prevent your child from exposure to phthalates.First, look for the common names of phthalates on ingredient lists, which is usually an abbreviation with a “P” on the end, such as DEHP, DINP, DBP, DEP, and DIP.Second, when purchasing toys for your child after this holiday season check to see that it is manufactured after the date of February 20^th, 2009.This assures that the ban has taken effect, and that the toy is phthalate free.For more information on phthalates and how to recognize which products contain them, please visit the Children’s Health Environmental Coalition profile page on phthalates.

Contact a defective product lawyer

Are your tires expired? The following information may save your life.

Aged tires have been linked to hundreds of vehicle deaths across the country.

You may be thinking, “My tires are brand new…this doesn’t apply to me.”

Unfortunately, that may not be the case. Those “brand new” tires may have sat on the shelf for up to 10 years before they were put on your car.

However, for each year a tire sits on a shelf, it becomes less elastic and prone to tread separation on the road. Tire experts claim that any tire over six years of age is expired and should not be sold to consumers. I always recommend these winter tires reviewed by carbibles. They are great.

A recent ABC investigative report shows the seriousness of this issue. Major tire retailers such as Sears were caught selling tires up to 15 years old. When questioned on the dangers of these tires, investigative reporters were assured they were safe and sent on their way.

This same report shows a professional driver attempting to control a vehicle with old tires after the tread separates from the wheel. Not surprisingly, this condition resulted in a crash every single time.

Clearly, your “brand new” tires may be an accident waiting to happen.

How to Check the Age of a Tire Manufactured after 2000

To find the age of a tire made before the year 2000, you must first locate the “DOT” number on the sidewall.

In this picture, the last 4 digits represent the week the car was manufactured and the year. So in this case, the last two digits are 00, which means the tire was manufactured in the year 2000.

How to Check the Age of a Tire Manufactured Before 2000
In the case of a tire manufactured before the year 2000, you will find only 3 digits at the end of the DOT number. These three digets stand for the week and year that the tire was made.

In this case, the tire was made on the 40th week of the year 1998.

These numbers will only apply to the years 1990-1999, as tire age regulations did not exist before this time.
I was sold expired tires as new. What should I do?

First and foremost, if your tires are still intact, I would ask the store to replace them as soon as possible. Driving on these tires can be deadly and immediate action must be taken.

However, if you or a loved one has been injured as a result of aged tires, you may have a case against the manufacturer. For further information or a free legal consultation, call (856) 833-0600 in NJ or (215) 567-2380 in PA. You can also fill out the form on the left side of the page for immediate help.

Are Day Care Centers In New Jersey Safe For Children?

A scathing report issued by the Asbury Press reveals that New Jersey day care centers are among the nation’s worst regarding proper inspections/safety personnel, slow response times and releasing violations to the public.

According to the report, New Jersey has only 27 inspectors to watch over 4,290 public day care centers. However, this figure does not include the thousands of private day care centers operating within the state.

In addition, the report found that New Jersey inspectors take an average of 7.4 days to respond a complaint that falls just shy of child abuse. The report further states that 61 New Jersey day cares have over 33 violations each and account for 26% of reported incidents.

Linda K. Smith, Executive Director of the National Association of Child Care Resource and Referral Agencies, has called on the State of New Jersey to clean up their act regarding child safety. “If there is going to be an error made, the error needs to be in favor of the safety of the child. These children cannot speak for themselves,” warns Smith.

When choosing a day care, I would encourage families to personally interview members of the facility, as well as other parents who use the same day care. Ask the parents how often their child comes home with unexplained cuts, bruises or injuries and how forthcoming the facility is when an accident happens.

Alternatively. if your child has been injured or abused at a New Jersey day care center, you may have legal rights against the facility. To immediately speak with an NJ personal injury and accident attorney, call (856) 833-0600 or fill out the case evaluation form on the left side of the page for a free consultation.

MEDTRONIC RECALLS HEPARIN-COATED BYPASS EQUIPMENT

While receiving no reports of contamination, Medtronic Inc. is voluntarily recalling some of their disposable devices used during cardiac bypass surgery. Medtronic reports that the devices are coated with its Carmeda BioActive Sulfate–which includes the blood thinner, Heparin, The device is generally used to help prevent blood clots in cardiac bypass patients.

Medtronic elected to recall their product in response to an FDA recommendation issued after reports of serious injuries and death in began to surface among patients who received injectable heparin products containing high levels of oversulfated chordroitin sulfate….Click here for the full story.

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