Medical Malpractice Attorneys Try to Settle on Behalf of Bereaved Family

medical malpractice attorneys in nj and pa

Michael Notarangeli is the executor of the estate of Elaine Notarangeli, a Massachusetts woman who was 72 years old when she passed away. The family urges that the delay in diagnosis and treatment of a necrotic bowel led to the woman’s death. Necrotic bowel occurs when there is a lack of blood flow to the region. The family agreed to attempt to negotiate an out of court settlement through mediation with the defendants, including Lakes Region General Hospital, as well as several other doctors. Medical malpractice attorneys generally attempt to settle cases more frequently than they take them to trial in order to provide compensation for their clients more quickly and to avoid the hassle of a long and extensive litigationprocess.

Settlements are the Optimal Solution

An enormous amount of civil lawsuits are settled long before they ever reach the courtroom and there is a good reason for that. The sooner the process comes to an end, the quicker a patient can be compensated for any injuries that have been sustained. Furthermore, medical malpractice attorneys find that as litigation drags on there are increasing costs. Courts are already backed up and it often takes years for a case to get before a judge. Such is the case with Notarangeli. If that a settlement is not reached, it is likely that the case will not be heard until 2013.

Lawsuits and all of their counterparts – preparation, discovery, and investigation – are quite costly. These costs can be avoided if a settlement is reached early on in the process, leaving a much larger amount to a patient in need of compensation. Settlements very often are more beneficial to a victim or a victims family, trying to move on from their tragedy and get on with life.

Medical Malpractice Attorneys in New Jersey and Philadelphia

If you or a family member have recently been the victim of medical negligence, take the time speak with our medical malpractice attorneys about your legal rights. 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: Woman Lost Legs and Nearly Lost Life

Sharlee Ann Smoyer was only fifty five years old when she was the victim of medical negligence that changed her life forever. Smoyer’s medical malpractice attorneys argued that a home care nurse, who was treating Smoyer for complications associated with her Crohn’s Disease, did not report a bacteria-infected catheter while caring for the plaintiff. The infection, which became quite serious and nearly killed the 55 year-old woman, led to the amputation of both legs below the knees and a finger on the left hand.

Woman Awarded $23 Million in Damage

new jersey philadelphia medical malpractice attorneys Sharlee Ann Smoyer case

Judge Carol McGinley oversaw seven days of testimony in the case. At the conclusion of the trial, the jury found the nurse, Jolynn Yurchak, and her employer, St. Luke’s Miners Memorial Home Care, liable. The plaintiff was awarded $23 million in order to compensate for pain and suffering, medical expenses, and lost wages. The plaintiff’s lawyers stated,

Sharlee Smoyer was one of St. Luke’s most vulnerable home-care nursing patients and they refused during this trial to accept even the most basic responsibility for mistakes made in her care.

The medical malpractice attorneys concluded,

Ms. Smoyer hopes that the verdict will result in St. Luke’s redoubling its efforts to help prevent catheter-related bloodstream infections in the home-care setting.”

Although the plaintiff was awarded an enormous amount of money, this amount is necessary to help her adjust to the drastic changes that will now shape her life.

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 Examine the Pros and Cons of Litigation

Recently, there has been much debate over medical malpractice lawsuits and the potential need for tort reform across the United States. Although some experts are quick to “poo-poo” medical negligence cases as attacks on medical professionals, lawyers maintain that an individual’s right to sue is part of their bigger right to compensation for losses at the hands of others. Medical malpractice attorneys will point to certain social goals that are achieved by bringing these cases, while others may counter by pointing to the increased costs, strain on the court systems, and the high prices paid by doctors for some sort of defensive insurance.

Important Social Goals of Medical Malpractice Lawsuits

new jersey philadelphia medical malpractice attorneys examine pros cons litigation One major benefit of medical malpractice lawsuits is that they force healthcare providers to maintain acceptable standards of care. Doctors and nurses will be less likely to implement unsafe practices if they face a potential of being hauled into court and forced to pay for the results of their negligence. With certain reform systems suggesting a cap for damages, the maximum amount that lawsuits would be worth may not be enough to deter healthcare providers from engaging in unsafe behavior.

A second benefit is that verdicts and settlements also serve as a form of punishment. Negligent physicians should be reprimanded for their actions, but without sufficient punitive cost, no punishment is really handed down. Considering that most victims of medical malpractice will never attempt to bring a case against their doctor, negligent doctors, nurses, and other healthcare providers should be forced to answer for their behavior in the event they are called on to do so.

Finally, a third social goal is the compensation of patients who have been injured by negligence. These victims are often left in worse shape after sustaining injuries due to malpractice and it is important for medical malpractice attorneys to seek the compensation necessary to make the lives of their clients as normal and fulfilling as possible.

Medical Malpractice Attorneys in New Jersey and Philadelphia

If you or a family member have recently been the victim of medical negligence, you should speak to our professionals about your legal rights. 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: Insurance Costs and Capped Damages

Within the recent whirlwind of tort reform debates, two topics consistently raised are the rising cost of insurance and the potential of capped damages. Victims of medical negligence, such as patients and their families, do not like the idea of capped damages because there is a possibility that capping damages could prevent victims from being fully compensated. Doctors, on the other hand, are fearful of the rising cost of insurance. This group of people will claim that if a high number of medical malpractice claims reach trial, this will force physicians to acquire more insurance which will be pushed off on to the general public, leading to increased health care costs. Medical malpractice attorneys argue that it is important to strike a balance in the tort reform battle.

Medical Malpractice and Tort Reform

new jersey philadelphia medical malpractice attorneys balance insurance costs capped damages
Some experts maintain that caps on damage awards from medical malpractice cases will reduce the number of “frivolous” lawsuits and therefore decrease the amount of malpractice insurance premiums. Some lawyers will claim that enacting these caps will have a much bigger effect by threatening to take away an individual’s rights to compensation following a preventable medical error. Frivolous lawsuits represent an extremely small portion of lawsuits and it is unlikely that a jury would return a verdict in favor of such a claim.

A second major issue discussed by some experts is that medical malpractice claims are driving up malpractice insurance premiums, causing a rise in health care costs. Medical malpractice attorneys have a different view and associate the increase in malpractice premiums with the sluggish state of our economy. Malpractice costs are less than two percent of total health care spending and therefore not likely the blame for the rise in health care costs in our country.

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.

Bed Sore Attorneys Fight for Son of Woman Killed by Bed Sores

Lois Pierce was spending time at Fort Sanders Sevier Medical Center in Tennessee. Bed sore attorneys say that she was transferred from that center on April 7th, 2008 when she began developing small pressure sores. The woman was moved to Pigeon Forge Care and Rehab in hopes of treating the minor bed sores. Only one month later, Lois Pierce tragically passed away after she was removed from there and taken to an emergency room to treat massive bed sores which became infected and had reached stage four. The appellate court’s summary of the case stated “on May 7, 2008, she died when her organs failed as a result of the infections.”

Health Care Center Attempts to Dodge Liability

new jersey philadelphia bed sore attorneys fight woman killed massive pressure soresPierce’s son, David Blackmon, attempted to file a complaint in Sevier County Circuit Court but defense attorneys claimed that the action had to go through arbitration due to forms that Blackmon signed while his mother was at the nursing home. The appellate court affirmed the lower court’s ruling in favor of the woman’s son. Judge Rex Ogle, the lower court judge, found that the center failed to provide Blackmon with copies of the forms that he signed, a major mistake according to bed sore attorneys. The Judge noted “it troubles the court that anybody who requires someone to sign legal documents affecting the rights of patients would not give those people copies, executed copies. That makes no sense to me.” Lawyers say that the Judge continued by stating “the execution of the agreement, the way it was handled, it was very shoddy. And I think that quite candidly is unconscionable, that it does shock the conscience of this court by how this entire agreement was handled they should not be enforced.”

Bed Sore Attorneys of New Jersey and Philadelphia

If your loved one has recently suffered from a bed sore, you may have questions for our professionals regarding your legal rights. If you suspect that neglect or mistreatment played a factor in the development of a bed sore, Please 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.

Medical Malpractice Attorneys Win Deceased Man’s Family $2.5 Million Verdict

Lawrence Dixon was only 59 years old when he passed away. His death was due, in part, to his physician’s failure to properly diagnose his condition and recognize that he was suffering hemorrhagic shock. Medical malpractice attorneys witnessed a Maryland jury award the deceased’s family $2.5 million in money damages. Dixon’s estate and his wife were each awarded one million dollars in non-economic damages while each of his two children are set to collect a quarter of a million dollars each. Unfortunately, due to a cap in Maryland on non-economic damages, the award total is likely to be cut all the way down to $812,500.

Two Days after Fracturing His Pelvis, Man Loses Life

new jersey philadelphia medical malpractice attorneys Lawrence Dixon case million verdictOn May 17, 2007, Lawrence Dixon fell and fractured his pelvis. David Harding was the doctor assigned to Dixon. It was alleged by the plaintiffs in the lawsuit that, after conducting examinations, Dr. Harding failed to notice internal bleeding which ultimately led to the failure of multiple organs and eventually death. It is argued that there were numerous warning signs that an experienced doctor, such as Harding, should have recognized. Medical malpractice attorneys argued that the victim had not produced urine in over twenty four hours, had a rapidly increased heartbeat, a rapidly decreased blood pressure, and suffered loss of lucidity. Professionals believe that any of these signs should have been a strong warning sign to Harding that something was wrong and it was likely that the patient was losing blood.

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: Man Sues Doctor for Amputating Penis

medical malpractice attorneys in nj and paPhillip Seaton, a sixty one year old man from Kentucky, went to Dr. John Patterson for a routine circumcision to relieve inflammation. Medical malpractice attorneys say that Seaton is now suing his former doctor after this routine procedure turned into an amputation of his penis. Seaton claims that he never gave the doctor permission to go through with the amputation and he was not given a chance to consult with another doctor for a second opinion. The key question that medical malpractice attorneys believe will be answered in litigation is whether a doctor can remove an organ or a limb if he or she believes it will be life saving.

Doctor Says Amputation was Necessary

Dr. John Patterson’s medical malpractice attorneys will argue that the doctor had to remove the patient’s penis because cancer was discovered during the circumcision procedure. On the other side, Seaton has declared that even if there was cancer, it was not life threatening and the amputation did not need to occur imminently. The jurors will be asked to determine if the doctor’s actions were a “necessary part of the surgery” and whether the doctor “had no reasonable option” other than removing the body part. David Perecman, one of many medical malpractice attorneys chiming in on this issue, stated “the law protects a patient’s right to make his or her own medical decisions. . .The law extends to the right of every patient to be informed of the consequences, risks and alternatives or any surgery or procedure.”

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 Lawyers Fight for Parents of Stillborn Babies

Stillbirths are perhaps the worst tragedy to befall expectant parents. Not only do they have to endure the pain associated with the death of a child, but a mother will have to endure the entire delivery process, only to hold the body of her lifeless baby in the end. Often, stillbirths occur naturally, through no fault of doctor or patient. However, other on other occasions, medical negligence is to blame. It is for these cases that medical malpractice lawyers believe parents are due compensation.

$1 Million Awarded for Pain and Suffering

medical malpractice lawyers in NJ and PAIn 2004, New York’s highest court ruled that women can sue for emotional suffering if their stillbirth is a result of medical malpractice. There have now been a couple cases moving through the legal system that are determining what is justified compensation.

Lucia Ferreira was awarded $1 million in a New York court in February for pain and suffering after she lost her baby during a home labor. During her last three visits to the Wyckoff Heights Medical Center, she complained of abdominal pain but was only given painkillers and sent home.

After the Ferreira case, lawyer Jeff Korek is fighting for more money for his client Vivian Acevedo. He is trying to reason that $1 million should be the standard for medical malpractice stillborn cases. The Acevedo case is against Lincoln Medical and Mental Health Center for a delayed emergency Caesarean that caused the child to be stillborn. Lincoln Medical offered $500,000 but she turned it down.

Medical Malpractice Lawyers in New Jersey and Philadelphia

If you or a family member has recently suffered a stillbirth or has been the victim of medical negligence, and you would like to speak to someone about your legal options 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.

Medical Malpractice Attorneys: Maine Supreme Court Makes Landmark Ruling

medical malpractice attorneys in nj and paMedical malpractice attorneys believe that a recent decision by the Supreme Court of Maine will now, for the first time, allow patients to bring medical malpractice lawsuits that extend beyond the statute of limitations period. This could have a dramatic impact on cases that involve misdiagnosis or treatment by doctors who continue to see patients over a long period of time. Unlike a botched surgery, where the statute of limitations begins running almost immediately, when a doctor negligently diagnoses and treats a patient over a period of time, the limitations period to bring a lawsuit is now extended.

Sustained Medical Negligence in Treatment and Testing Leads to Prostate Cancer

Phillip Baker was a regular patient of his primary care physician Dr. Merrill Farrand Jr. Baker saw this physician for twenty years and he was regularly screened for a prostate specific antigen known as PSA. These tests can reveal risks and evidence of cancer. Baker’s results were high but it took five years of similar results for Farrand to refer Baker to a urologist. Medical malpractice attorneys say that when Baker went to visit the urologist and had a biopsy completed, it was revealed that he had prostate cancer. The biggest disappointment of this revelation was that the most important period of time to treat this cancer was more than three years in the past. Now, because of the Maine Supreme Court ruling, the “Continuing Negligent Treatment Doctrine” will be used and Baker can assert that there was not a single negligent act, but rather this medical malpractice continued between 2002 and 2006. Baker’s medical malpractice attorneys stated,

“the issue that has always lurked in the background is the situation in which a patient is told to have a test, gets that test and for one reason or another the test is abnormal but the doctor doesn’t act on it…That doctor continues to treat the patient for a period of years, seeing the patient each year, seeing the abnormal test each year but continuing not to act on it.”

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.

Birth Defects Attorneys: Popular Migraine Med Effective but Dangerous

Topamax is a very popular pharmaceutical drug that is used in treating migraines and epilepsy. Although it has been shown to be extremely effective, birth defects attorneys warn that pregnant women should steer clear of its use. Recent studies have reported that use of Topamax during pregnancy has led to an increased chance of babies born with birth defects, such as cleft lip and cleft palate.

Why has Topamax been so Popular in Treating Migraines?

birth defects attorneys in nj and paTopamax is not like many other migraine medications and this may shed light on its popularity. As opposed to taking the medicine as soon as headache pain begins, Topamax is taken daily which helps avoid migraines all together. Topamax begins limiting the frequency of migraines after only one month. But when women begin to heavily rely on it, a problem may arise. Many studies have shown that Topamax is successful in limiting headaches, but unfortunately, women need to prioritize once they become pregnant. Although headaches can have a devastating effect on daily activities, birth defects attorneys believe that the risk to newborn babies is far worse. Topamax has been widely available in the United States since 1996, but the true dangers of potential birth defects have only recently been realized. Expectant mothers should speak with a medical professional and seek an alternative medication while pregnant to limit the potential of birth defects.

Birth Defects Attorneys in New Jersey and Philadelphia

Many parents who have children born with a cleft lip or cleft palate are often overwhelmed and, in some instances, confused about their legal rights. They are especially confused about whether or not the services of birth defects attorneys would be needed. In some cases, there have been improper actions that may have led to your child’s birth defect and contacting our professionals is beneficial to your family’s physical and financial health. 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.