consultation Archives - New Jersey Medical Malpractice Lawyers

Nursing Home Neglect Lawyers: Estate Awarded $5.2 Million

Nursing home neglect lawyers convinced an Arkansas court to award the estate of Martha Bull $5.2 million in damages for pain, suffering and mental anguish. Bull died at the Greenbrier Nursing and Rehabilitation Center on April 7, 2008 at the age of 76 after the home was negligent in her treatment by failing to act on a doctor’s orders to transfer her to a hospital.

Woman Dies after Cries of Pain are Ignored

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Bull was admitted to the facility on March 28, 2008 for 30 days of rehabilitation after suffering a stroke. On the night of April 6, she began suffering from severe abdominal pain, sweating, and inability to make a bowel movement. Nothing was done for her until the next shift when she was still complaining and a doctor was called that following afternoon. The doctor ordered that Bull be transferred to the emergency room because of her history. A fax was sent to a fax machine in a closet of the wing of the building where Bull lived. No one saw the fax and Bull was never taken to the hospital, even though she screamed throughout the afternoon so loudly that other residents complained. Martha Bull was found dead later that night, the fax not discovered until the next day. No autopsy was performed and the facility does not know the official cause of death.

Greenbrier Nursing and Rehabilitation Center fought this case for the four years it was in litigation and didn’t admit guilt in making mistakes in Bull’s treatment until after the trial had already begun.

Nursing Home Neglect Lawyers in New Jersey and Philadelphia

If you or your loved one has suffered nursing home abuse, negligence, and inadequacy it is time to contact nursing home neglect lawyers. The team at Messa & Associates is dedicated to earning justice and compensation for those injured or worse by negligence and abuse in nursing homes and long term care facilities. Call, toll-free, 1-800-MessaLaw, or submit a free online inquiry. If you would like immediate assistance, click the CHAT LIVE icon to the right. A representative is present right now to answer your questions.

Nursing Home Abuse Lawyers Update on Woman who Suffered Head Injuries

The nursing home abuse lawyers at Messa & Associates recently reported on Sammie Berry, an 88-year-old wheelchair bound woman with Alzheimer’s, who was injured in an incident at the Kaufman Healthcare Center nursing home where she suffered a huge gash on her forehead and severe bruising to her face. The facility misled the family regarding the severity of the injuries and the elderly woman remained in a coma at a local hospital. Investigators have since arrested James Seaton, a certified nurse at the nursing home, on charges of felony aggravated assault-injury to an elderly person.

Man Arrested for Assaulting Elderly Woman

nursing home abuse lawyers According to investigators, when arrested Seaton lied about the accident and tried to blame someone else for Berry’s injuries. He now denies the accusation, “I wasn’t trying to blame them. I was hurt, and too afraid to come forward,” he said. His side of the story is now that he was trying to get the elderly woman dressed while she was in bed, “I was turning her and my back kind of went out and I lost control of her, that’s when she bumped her head on the oxygen tank, which was close to the bed.” He then claimed that he told a nurse of the incident and she told him that she would call 911, but the victim’s family said the hospice nurse called 911 over an hour later.

“I think it’s pretty sad,” said relative Louise Berry. “I truly hope that he’s ashamed of himself.” When asked if he had anything to say to Berry’s family he said “Tell them it was an accident. I’m very sorry because I wouldn’t have intentionally done anything to happen to them. I pray Mrs. Berry will be better.”

Nursing Home Abuse Lawyers in New Jersey and Philadelphia

If you or your loved one have suffered nursing home abuse, negligence, and inadequacy it’s time to contact nursing home abuse lawyers. The team at Messa & Associates is dedicated to earning justice and compensation for those injured by negligence and abuse in nursing homes and long term care facilities. Call, toll-free, 1-800-MessaLaw, or submit a free online inquiry. If you would like immediate assistance, click the CHAT LIVE icon to the right. A representative is present right now to answer your questions.

Nursing Home Neglect Lawyers: Director Covers Up Missing Resident

As nursing home neglect lawyers we try to report on all forms of abuse and neglect. Facilities need to monitor high-risk patients very carefully to make sure they are kept safely in the home and do not get into dangerous situations. An elderly man is missing from the Bishop Charles Waldo Maclean Episcopal Nursing facility in Queens, NY. On May 26, 74 year old Alan Frazer, who suffers from high blood pressure and dementia, went missing from the facility. The former director of the home, Juliet Clifford, allegedly failed to call 911 to report the missing man. She then falsified records to cover up that he was missing and told investigators that he left against the home’s advice.

Former Director Falsifies Records

The day after he went missing Clifford removed notes from his medical charts and ordered staff members to edit the records to say he left against medical advice and told them not to call the police. Luckily staff members at the home did report Frazer missing on May 30th.

Clifford was arrested on one count of endangering the welfare of an incompetent or physically disabled person in the first degree, one count of falsifying business records in the first degree, two counts of falsifying business records in the second degree and one count of willful violation of the health laws. If found guilty of these charges, Clifford could serve up to four years in prison.

Nursing Home Neglect Lawyers in New Jersey and Philadelphia

If you or your loved one have suffered nursing home abuse, negligence, and inadequacy it’s time to contact nursing home neglect lawyers. The team at Messa & Associates is dedicated to earning justice and compensation for those injured by negligence and abuse in nursing homes and long term care facilities. Call, toll-free, 1-800-MessaLaw, or submit a free online inquiry. If you would like immediate assistance, click the CHAT LIVE icon to the right. A representative is present right now to answer your questions.

Nursing Home Abuse Lawyers Warn Against Violence between Residents

The Messa & Associates Blog focuses a lot on nursing home abuse and neglect, mostly from caretakers, nursing home employees, and family members. But another kind of abuse exists within nursing homes – violence from other residents. It is the nursing home staff’s job to monitor residents and make sure they are not engaging in violent, harmful, or inappropriate behavior. Unfortunately, due to illnesses like dementia and Alzheimer’s, side effects from strong medications, and general frustration, some residents become violent. As nursing home abuse lawyers, we want you to be aware of this aspect of nursing homes and to look out for any violence towards your loved one.

Elderly Woman Run Down by Other Resident in Wheelchair

A 44-year old woman, who is a resident of the Sharon Willow South nursing home in Peoria, Illinois, was taken to the hospital after her hostile neighbor ran her down with his wheelchair. The victim was outside of her room when another resident went after her with his wheelchair and knocked her to the ground. According to a witness, he directed his wheelchair towards the victim “with purpose and intention, and knocked her to the floor.” She was treated for scrapes as well as head and back pain at a local hospital and then released. The suspect, a 53-year old man, is an amputee who takes medication for depression and diabetes.

Nursing Home Abuse Lawyers in New Jersey and Philadelphia

If you or your loved one have suffered violence, nursing home abuse, negligence, and inadequacy it’s time to contact nursing home abuse lawyers. The team at Messa & Associates is dedicated to earning justice and compensation for those injured by negligence and abuse in nursing homes and long term care facilities. Call, toll-free, 1-800-MessaLaw, or submit a free online inquiry. If you would like immediate assistance, click the CHAT LIVE icon to the right. A representative is present right now to answer your questions.

Medical Malpractice Attorneys Report FDA Recall of Cardiac Science AEDs

The US Food and Drug Administration has issued a class 1 recall for a number of Cardiac Science’s Automated External Defibrillators (AEDs). A class 1 recall, as described on the FDA’s website, is issued for

“dangerous or defective products that predictably could cause serious health problems or death. Examples of products that could fall into this category are a food found to contain botulinal toxin, food with undeclared allergens, a label mix-up on a life saving drug, or a defective artificial heart valve.”

The FDA’s recall comes after Cardiac Science issued their own voluntary recall of the same products. Medical malpractice attorneys urge patients who may be affected by these recalls to speak with their doctors immediately and contact an attorney. Below is the FDA’s actual announcement.

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Medical Malpractice Attorneys in New Jersey and Philadelphia

If you or a loved one may be affected by this or any other FDA recall, contact the personal injury and medical malpractice attorneys of Messa & Associates by calling 1-877-MessaLaw, or by submitting an online inquiry for a free case evaluation.

Personal Injury Lawyers Warn of Fatal Complications with Bath Refinisher

new jersey personal injury lawyers, phildelphia, attorneys Personal injury lawyers recently came across an announcement made by the U.S. Centers for Disease Control and Prevention regarding a common paint stripping chemical that is often used to refinish bathtubs. The substance, called methylene chloride, is commonly used as a paint remover or degreaser in industrial and home improvement products.

The CDC’s announcement served as a warning against using any products containing the substance which Michigan State University research discovered was the cause for 13 deaths between 2000 and 2011. The 13 victims were workers who had used methylene chloride products to refinish bathtubs.

In its weekly report, the CDC commented on the 13 deaths, saying:

“Each death occurred in a residential bathroom with inadequate ventilation. Protective equipment, including a respirator, either was not used or was inadequate to protect against methylene chloride vapor.’’

The report went on to say that the chemical “has been recognized as potentially fatal to furniture strippers and factory workers but has not been reported previously as a cause of death among bathtub refinishers.”

The Centers for Disease Control and Prevention explained that using the chemical in confined spaces that lack sufficient ventilation is quite dangerous. In the same report, it urged labor safety organizations and public health agencies to “communicate the extreme hazards” of using the product under the wrong conditions. The author of the report, Michigan State’s Kenneth Rosenman, suggested to leave the product out of bathrooms entirely, citing that the vapors are heavier than air and linger after applications. Rosenman went on to explain:

“To use products containing methylene chloride safely, work areas must be well-ventilated, and when levels of methylene chloride exceed recommended exposure limits, workers must use protective equipment. In a small bathroom, it is unlikely these products can be used safely.’’

Personal Injury Lawyers in New Jersey and Philadelphia

Without proper warning, 13 workers used a product to complete a job and ended up losing their lives. Thirteen people died to refinish bathtubs. Dangerous products and chemicals, such as methylene chloride, should always come with proper warnings and clear safety instructions. It should not take research studies executed after the fact to determine that a product is dangerous.

If you or a loved one have been injured by a dangerous or defective product, contact the New Jersey personal injury attorneys of Messa & Associates, P.C. for a free legal consultation. Call 1-800-MessaLaw or submit a free online inquiry.

Nursing Home Abuse Lawyers Oppose the Use of Chemical Restraints to Care for Dementia Patients

new jersey , philadelphia, nursing home abuse lawyers, attorneys AThe use of chemical restraints is, unfortunately, nothing new. Nursing home abuse lawyers have long known that medication is often used to sedate and restrain residents. ABC News online recently published an article on the detrimental effects of a certain prescription often given to Dementia patients in nursing homes. Most of the time, these prescriptions are dispersed not only to sedate patients so they become more “manageable,” but also to help the nursing home make money from the Medicaid reimbursements they receive for ordering the medication.

Medication Causes Increased Death Risk in Dementia Patients

study of over 75,000 nursing home residents – 65 and older, who suffer from dementia – has found that those that take the anti-psychotic drug Haldol double their risk of death compared to those taking Risperdal. It seems that the risk was highest during the first 40 days of treatment. Krsita Huybrechts, epidemiologist at Brigham and Women’s Hospital in Boston, commented on the recent findings:

“The evidence provided in our study reinforces the important risks associated with the use of these drugs and underscores the need to try alternative means of dealing with behavioral problems in older patients with dementia. [The use of Haldol] cannot be justified because of the excess of harm. ”

Conversely, patients taking Seroquel appeared, according to the study, to have a decreased risk of death compared to those taking Risperdal. However, the use of any of the medications seems unneccessary, seeing as their effect on dementia symptoms is quite limited; so much so that the FDA never even approved many of these drugs for use in the treatment of dementia. Nursing homes are being reimbursed by Medicaid for the off-label distribution on anti-psychotics, or chemical restraints.

Dr. Jenny McCleery, consultant psychiatrist with the Oxford Heath NHS Foundation Trust in the U.K., believes that doctors are prescribing these antipsychotic drugs due to a lack of resources for non-drug interventions.

“Clearly, doctors find compelling reasons to prescribe antipsychotics to patients with dementia, reasons that are unlikely to be found in the evidence base alone.”

Nursing Home Abuse Lawyers in New Jersey and Philadelphia

Nursing home residents suffering from dementia are indeed a difficult population to care for. That does not, however, condone the use of drugs to sedate patients so they become easier to care for. Nursing homes should provide competent, compassionate, and attentive care to your loved ones living in long term care facilities.

If you believe that the home in charge of your loved one’s care is acting negligently or abusively, contact the nursing home abuse lawyers of Messa & Associates, P.C. Call 1-800-MessaLaw, or submit a free online inquiry. You may also click on the CHAT LIVE icon to the right to speak with a representative immediately.

Medical Malpractice Attorneys: Dentist Gets Jail Time for Paper-Clip Root Canals

A dentist in Massachusetts has been sentenced to a year in prison after it was discovered he was performing root canals with paper clips! He faced assualt and battery charges in addition to charges of witness intimidation. He also faced charges of Medicaid Fraud in the amount of $130,000. For years, despite a suspension, Dr. Michael Clair was filing claims with the government agency using the names of fellow dentists, all colleagues from his practice. Medical malpractice attorneys are astounded that a medical professional would stoop to such despicable means to make money.

The Michael Clair Special: A Pretty Penny for a Paper-Clip Procedure

new jersey medical malpractice attorneys, medical malpractice lawyers philadelphia, dental malpractice Traditionally, root canals are performed using small steel posts. Dr. Clair’s scheme to use paper clips instead of surgically competent steel posts caused many patients unnecessary pain, suffering, and infection. Brenda Almeida’s young son underwent the procedure in 2005. His tooth turned black and had to be pulled. Almeida also claims that her other children received poor care from Dr. Clair as well.

Almeida is unsatisfied with the one year jail sentence that Dr. Clair will serve, saying, “He put my kids in pain for months…I hope he rots there.” The prosecution had hoped for at least a five year sentence. Judge Moses, the judge who passed down the sentence, explained his decision, citing Clair’s mental health issues, lack of priors, and his acceptance of full responsibility. Judge Moses did, however, satisfy the prosecution’s request to keep Clair away from his victims and colleagues. It was noted that his former staff feared for their safety.

Clair will be on five years probation upon his release from prison. After receiving his sentence and before he was escorted out of the courtroom, Clair offered his gratitude:

“Thank you, your honor, for your consideration.”

Medical Malpractice Attorneys in New Jersey and Philadelphia

Medical malpractice comes in many forms. Some doctors commit malpractice by making surgical mistakes. Others act negligently due to a temporary lapse of judgement. But Michael Clair purposely put his patients in danger so he could make more money. This type of malpractice is surely the most egregious kind.

If you or a loved one have suffered at the hands of a negligent surgeon, physician, or other medical provider, contact the New Jersey medical malpractice attorneys of Messa & Associates, P.C. by calling, toll-free, 1-877-MessaLaw. You may also submit a free online inquiry. You may also click on the CHAT LIVE icon on the right to speak with a representative immediately.

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.

Nursing Home Abuse Attorneys Blog to Educate

If you have spent any time at all combing the internet for news and/or advice regarding nursing home abuse, you’ve no doubt stumbled upon Jonathon Rosenfeld’s Nursing Home Abuse Blog. Through his frequent updates and pertinent analysis, Rosenfeld has established a real and dependable source for information and guidance aimed at helping victims and their families attain justice for wrongs perpetrated at nursing homes, by home health aids, or even by other family members.

Nursing Home Abuse Blog References Messa & Mininno

Last week, Jonathon referenced the Messa & Associates Blog in a post about fellow law firms taking into their own hands public education regarding what is and is not considered acceptable treatment in nursing homes and long term care facilities. Blog contributors John Mininno and Joseph Messa have been representing injured nursing home patients for the past 10 years in hopes that their work against nursing homes and negligent caregivers would help the industry raise it’s standards and, in turn, protect our elderly community.

Abuse and negligence in nursing homes can often result in severe physical and emotional injuries and sometimes even death. Bedsores, unexplained bruises, weight loss, depression, and other unexplained symptoms could all be signs of abuse or negligence by the staff at a care facility.

Nursing Home Abuse Attorneys in New Jersey and Philadelphia

If your loved one is a resident of a nursing home and you suspect that the care they are receiving is negligent and/or abusive, contact the nursing home abuse attorneys from Messa & Associates for a free consultation. Call, toll-free, at 1-877-MessaLaw, or submit a free online inquiry.

Let the Philadelphia and New Jersey nursing home abuse attorneys of Messa & Associates earn you and your loved one the compensation you need and deserve.