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Nursing Home Abuse Attorneys Encourage You to Trust Your Instincts

A lot of time and effort goes into choosing the right nursing home for your loved one. Location, cost, equipment, and staff are all important factors when considering what facility will become responsible for the life and care of your elderly loved one. But one thing we encourage as nursing home abuse attorneys is to trust your gut when choosing a facility. In most cases, as always, if something feels wrong , it probably is.

Family Notices Signs of Abuse Quickly and Takes Action

nursing home abuse attorneys Moraa’s Assisted Living, a nursing home in Collegedale, Tennessee, is shutting down after of a number of resident abuse cases have been reported.

The home was run by David and Agnes Machoka and their only employee, Margaret “Maggie” Adhiambo. Haley McDonald and Heidi McFarland found the home for 96 year-old Gertrude after doing research online. But, when they went to visit Gertrude after she had made her new home there, McDonald said something was “off.” “Mother complained to me quite a bit about what was going on at night when they were put to bed,” said McFarland. The women witnessed Adhiambo abusing Gertrude’s roommate, “I saw her, Maggie, throw the patient on the bed and push her down with her shoulders,” McDonald said. This was enough for the women to want their grandmother out of the home after a week, “I wanted her out of there. I said I don’t want to leave her there. I’ll go up there and pick her up myself, she’s not staying there and getting abused,” McDonald said. They removed Gertrude, took her to the hospital and notified the police. At the hospital the elderly woman was dehydrated and showed signs of abuse, “She had bruises on her,” McDonald says. “There were finger prints by her knees.” The police then found that the home was in violation of fire code and had neglected to correct numerous previous violations.

Nursing Home Abuse Attorneys 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 attorneys. 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 Lawyers and Litigation NOT Breaking Healthcare’s Bank

medical malpractice attorneys negligence new jersey philadelphia tort reform Health Affairs, the leading journal of health policy and research, founded in 1981 to support health policy education in the medical community domestically and worldwide, recently published the results of a study involving the cost of medical malpractice to the public. This well respected organization demonstrated that the “tort reformists” claim that medical malpractice litigation adds enormous costs to healthcare is simply a myth. In fact, Health Affairs estimated that less than 2.5% of all healthcare costs in the United States are in any way associated to medical malpractice litigations. That’s two and half pennies out of each dollar.

Frivolous Medical Malpractice Defense Costs to the United States

Health and Human Services data shows that in 2008, the United States spent $7,681 per person on healthcare related costs. Less than $200 of this sum is in any way related to medical malpractice law suits. Although the “tort reformist” likes to blame this cost on frivolous lawsuits, what we never hear about are “frivolous defenses.” Someone’s mother, father, son, or daughter is injured because a medical provider took short cuts or didn’t follow basic safety rules of medicine. Instead of accepting responsibility and making up for the medical mistake, many times a medical malpractice insurance company will decide to mount a frivolous defense. It pays thousands and thousands of dollars to high-priced lawyers and medical “experts” to fight the case. Deny and Defend – even when decency and economics demand fair compensation. The family comes into court with a fair and legitimate case and a jury turns them away with nothing. This happens every day – and it adds to this cost of health care

Medical Malpractice Victims vs. Tort Reformists

Tort reformists (and the insurance lobbyists who promote them) like to spin tales about the astronomical costs of medical malpractice litigation to the taxpayers and medical providers of America, but the Health Affairs study negates those accusations. It seems that the only people paying heavily for medical malpractice are those who commit it: negligent doctors and irresponsible pharmaceutical companies. Tort Reformists, medical malpractice insurance lobbyists, and corporate nursing homes all desperately want to prevent ordinary citizens from fair compensation for injuries that could potentially afflict them for the rest of their lives. These tort reformists and HMO lobbyist supporters want the government to place caps on how much a jury is allowed to compensate injured patients. Imagine that. An elected official making a law that says a jury is not permitted to pay victims of malpractice fair compenation – no matter what.

Is $100,000 for causing a young mother of 4 children to lose a breast to misdiagnosed cancer a fair cap? How about $250,000 for causing a father of 3 to spend a lifetime in a wheel chair; or $300,000 for a child who will live the rest of his or her life with a debilitating brain injury? These governement proposed caps on mothers, fathers and children’s compensation would also eliminate the possibility of punitive damages in the case of willful and intentional conduct. Research has shown that monetary punishments are one of the few effective ways to hold corporate wrongdoers accountable for purposelfully harming consumers in the name of profit. As for the medical field, most doctors are hard working, decent, and caring professionals. These doctors don’t need tort reform.

Medical Malpractice Lawyers in New Jersey and Philadelphia

If you or a loved one have been vicitmized by medical malpractice or negligence, contact Messa & Associates for a free case evaluation. NJ and PA medical malpractice attorneys at Messa & Associates, P.C. are experienced in earning fair and helpful compensation for those injured by medical negligence. You may also call for a free consultation at (856) 833-0600 in New Jersey, or (215) 567-2380 in Philadelphia.

To discuss your case immediately, click on the “CHAT LIVE” icon in the bottom right hand corner of your screen. Representatives are standing by to speak with you.

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.

new jersey philadelphia medical malpractice lawyers, medical malpractice attorneys

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.

Nursing Home Abuse Attorneys Thrilled by American Nursing Homes Making Moves to Change Care

new jersey nursing home abuse attorneys, philadelphia nursing home abuse lawyers Our nations’ nursing homes are in dire need of help. Every day, nursing home abuse attorneys of Messa & Associates, P.C. are contacted by individuals regarding some form of abuse or negligence that a loved one endured in a nursing home. The importance of patient care seems to have dissipated and its priority replaced by money and business related needs.

However, it seems there is has been a push for betterment in the nursing home industry. Advancing Excellence, NH Quality Campaign – a campaign created to encourage, assist, and empower nursing homes to improve the quality of life, prevent bed sores and pressure ulcers, and care for residents – is prepared to change the nursing homes of America.

Nursing Home Abuse Attorneys Support goals of Advancing Excellence Campaign

The coalition, which is the first of its kind, is made up of long term care providers, medical professionals, consumers, employees, and state and federal agencies. It has 8 major goals:

To minimize staff turnover; a stable workforce will improve patient care.
To employ a “Constant Assignment” plan so that patients are regularly cared for by the same caregiver.
To reduce the time residents spend restrained. Independence will improve quality of life.
To prevent bed sores and pressure ulcers, and to provide appropriate treatment of those that do develop.
To prevent unnecessary or prolonged episodes of severe pain.
To include residents in advanced care planning prior to the completion of their stay
To use assessments of resident and family experience of care to improve future quality of care for patient safety.
To use assessment of staff satisfaction of work environment to improve future quality of care.

Many nursing home establishments have joined forces with Advancing Excellence in efforts to improve the quality of care they provide. Obviously, these establishments are aware and agree that they are not providing top notch care. It’s good news to those who have suffered from nursing abuse, neglect, and inadequacy.

All nursing homes in New Jersey are in fact either participants in or charter members of the Advancing Excellence campaign. We should be proud that caregivers in the state are willing to step up and begin providing the kind of care our elderly citizens deserve.

New Jersey and Philadelphia Nursing Home Abuse Attorneys

If you are someone who has seen first-hand the effects of nursing home abuse, negligence, and inadequacy, it’s time to contact a nursing home abuse attorney. 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.

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.

Medical Malpractice Attorneys Support POCT Patient Safety Initiatives

Point-of-care testing is medical testing that produces results near the patient as opposed to in a lab. The benefits to point-of-care testing are almost infinite as necessary treatment can be expedited almost immediately through the use of rapidly returning test results. But with such beneficial and life-saving technology comes a great responsibility to protect patient safety and avoid medical errors. Medical malpractice attorneys support any and all initiatives aimed at protecting patients from POCT related negligence.

Medical Journal Calls Medical Providers to Task of Patient Safety

Point-Of-Care: The Journal of Near-Patient Testing & Technology released a special issue last month highlighting the need for increased vigilance to medical errors related to POCT. The issue contains editorials, research studies, and case reports that provide an overview of the policies in place for other medical providers which assist in assuring patient safety.

James H. Nichols, PhD, Professor of pathology at Tufts University School of Medicine in Boston and medical director of clinical chemistry for Baystate Health in Springfield, Mass, provided the issues introduction. In it he states:

“While the theme is patient safety, each article is different and the authors were not constrained to one format or question, but free to express their concerns and perceptions around the theme of patient safety and medical errors.”

The issue also features information on some of the most recent technological advances in POCT, including built in quality-controls and security measures which, in themselves, can help prevent errors. Presently, very few formal rules or guidelines exist when it comes to point-of-care-testing, but new standards are continuously being developed and the FDA is in the process of solidifying their own guidelines by performing assessments of POCT devices. Patient safety and identification, operator training, timely results, and system alerts were just a few of the topics mentioned in the journal regarding necessary focuses of error prevention.

Medical Malpractice Attorneys in New Jersey and Philadelphia

Medical errors claim the lives of patients everyday. The medical malpractice attorneys at Messa & Associates are in full supoprt of any steps medical providers take to help prevent those medical errors. If you or a loved one have been injured by any form of medical malpractice or negligence, contact the medical malpractice attorneys of Messa & Associates for a free consultation. Call toll-free 1-877-MessaLaw, or submit a free online inquiry form.

Let the New Jersey medical malpractice attorneys of Messa & Associates work to earn you the compensation you need and deserve.

Nursing Home Abuse Lawyers Disgusted by Maggot Infestations

A state advocacy group in Michigan is calling for increased oversight of state nursing homes, citing as their motive the growing instances of extreme nursing home abuse. One specific case mentioned a nursing home in Washtenaw County, Michigan where maggots infested one patient’s throat and another patient’s catheter. Clinical corporate staff members instructed the nurse who came upon the catheter infestation to document it as “debridement.” Debridement is a name for dead tissue, not maggots. The second maggot incident took place in an Oakland County care facility. Maggots obstructed the airway of a woman had been coughing. The maggots were discovered when the airway was being cleared.

Maggots Sign of Severe Neglect State Wide?

new jersey philadelphia nursing home abuse lawyers maggot infestations The group, a non-profit Michigan Protections and Advocacy Service, cited the maggot infestation cases as evidence of a severe problem concerning treatment in the state’s care facilities. Of course, a representative of the state agency that regulates nursing homes insisted to a Michigan radio DJ that these maggot infestations were isolated incidents and that they, in no way, reflect the treatment that the state’s care facilities provide. Mike Pemble of the Department of Licensing and Regulatory Affairs said, “I don’t think it’s fair to hold it up and say this is happening in all nursing homes.”

Rhonda Smith, communications specialist with the Michigan Protections and Advocacy Service, did not provided the name of the nursing home involved. A Michigan television station is reporting that the Whitehall Healthcare Center of Ann Arbor was the culprit.

The MPAS reported that the information regarding these horrid incidents of neglect was gathered from surveys performed by the Department of Licensing and Regulatory Affairs. They are also preparing a report they they claim will highlight “numerous examples of abuse and neglect of individuals with disabilities in nursing homes throughout the state.”

Nursing Home Abuse Lawyers in New Jersey and Philadelphia

If your loved one is a resident at a nursing home or long term care facility and you believe that the care they are receiving is negligent or inadequate, contact our professionals for a free case evaluation or consultation. Contact the Mininno Law Office by phone at (856) 833-0600 in New Jersey, or (215) 567-2380 in Philadelphia.