Medical Malpractice Attorneys: Paraplegic Woman Wins $7.6 Million

Plaintiff D’Knawn Hairston was awarded $7.6 million by a Sacramento Superior Court jury this week in California. The incident occurred in December of 2003 when Hairston was taken to the UC Davis Medical Center after complaining of numbness in her legs. An MRI was conducted but the doctors found her results to be normal. Medical malpractice attorneys say that over four years later, in February 2008, Hairston suffered from nearly the same symptoms but this time she was taken to Methodist Hospital.

A Shocking Discovery…Years Too Late

new jersey philadelphia Medical Malpractice Attorneys D’Knawn Hairston case large verdict At the second hospital, doctors found an arteriovenous malformation on her thoracic spine. Professionals found that even after surgery, Hairston’s spine was still permanently damaged and she had no movement below her chest. These complications led to the young woman, who was fourteen years old when she first complained of these symptoms, becoming paraplegic. Hairston’s lawyers stated “the jury did a great job of working through the evidence and coming up with a result that will enable this very deserving young woman to move forward independently.” It is unclear what the life of Ms. Hairston would be like had the malformation been noticed when she originally visited healthcare providers as a young teenager. It is the hope of medical malpractice attorneys that the sum of money she is set to receive in damages will be adequate to assist her in living a successful and happy life. A statement released on behalf of the University of California stated “this is a regrettable and unfortunate case for everyone involved.”

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.

Nursing Home Abuse Lawyers: CNA Imprisoned for Patient Abuse

Nursing home abuse lawyers try their best to advocate for the elderly victims of abuse and neglect, the victims who often can no longer defend themselves against these predators.

Amanda Tibble, 36, who used to work as a certified nursing assistant at the John M. Reed Nursing Home in Limestone, Tennessee has been sentenced to 15 months in jail. Tibble was fired from the home when allegations of physical, emotional, and verbal abuse from January 2010 surfaced. She has since plead guilty to four counts of willful abuse or neglect and admitted to mentally abusing two patients. She has also been accused of twisting a male patient’s hand and bending back the hand of another patient. Tibble admitted to having an anger management problem and recently said “I do apologize for my actions and I do, you know, hate that it caused the mental anguish on her that it did.”

Judge and Victim’s Family Do Not Believe Apology

The family of Anza Hall, one of Tibble’s victims, said “We’ve waited well over a year and a half to get justice served.” The 90-year-old paralyzed stroke victim would tell her family “Don’t make them mad, don’t make them mad. They’ll be mean, they’ll be mean.” Because of the non-believable testimony from Tibble and the testimony of Hall’s daughter and granddaughter, Marcella Hall and Carla Anderson, Judge Robert Cupp gave Tibble the maximum sentence. Hall and Anderson said they didn’t believe Tibble felt any remorse for the incidents.

Nursing Home Abuse Lawyers in New Jersey and Philadelphia

If your loved one is currently a resident of a nursing home or care facility, pay attention to the quality of the nursing staff. If you are worried that the care they are receiving is negligent, abusive, or inadequate, 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 Discuss Evolution of Hospital Liability

In the past, medical malpractice attorneys were extremely limited when bringing lawsuits, especially in determining who could be found liable. Under the doctrine of charitable immunity, hospitals were completely free from tort liability. This doctrine has been eliminated or minimized in many jurisdictions leading to three theories that have been used to hold hospitals liable when their doctors and nurses commit negligent acts. These three theories are known as respondeat superior, ostensible agency, and corporate negligence.

Hospitals are Responsible for Their Healthcare Providers

new jersey philadelphia medical malpractice attorneys evolution hospital liability Under the respondeat superior theory, a theory that applies to many employer/employee relationships, the healthcare provider must be employed by the hospital. In order for a hospital to be liable under respondeat superior, the negligence must occur within the scope of the doctor’s employment practices. Secondly, ostensible agency may apply even if the doctor is not directly employed by the hospital and rather acts as an independent contractor. Under this theory, if a patient looks to the hospital for care rather than a specific doctor or the hospital represents the doctor as an employee, the hospital may be found liable. Lastly, more and more courts are holding hospitals liable under a theory of “corporate negligence”. Under that theory, lawyers may sue hospitals when they fail to review the treatment prescribed by doctor’s or require consultation. This has been a major trend in recent years that has allowed plaintiffs who have been injured by negligent healthcare providers to seek damages from the hospital as opposed to merely a single doctor or nurse.

Medical Malpractice Attorneys in New Jersey and Philadelphia

Medical Malpractice Attorneys: Does the Law Do Its Job?

It is widely accepted that across the United States of America, many patients at one point or another are injured due to the carelessness of doctors. One study that has illustrated this point is the highly debated “Harvard Study”. That study concluded that in 1984, 99,000 patients in New York State suffered serious injuries while in hospitals. Thirteen thousand of those patients lost their lives. Other studies have had similar results regarding the injury of patients while in hospitals. The main issue that medical malpractice attorneys are confronted with each day is whether the law is doing a good enough job to protect these patients. The law, and medical malpractice litigation, is designed to hold negligent doctors accountable while vindicating doctors who could not have done anything to avoid a bad patient outcome.

The Goals of Malpractice Law

new jersey philadelphia medical malpractice attorneys law job harvard study The main goal is to determine whether the law is truly holding only negligent doctors liable while finding that on occasion, bad results do occur in the medical profession even when good doctors are providing treatment. Lawyers believe that the possibility of legal resolutions and potential lawsuits should result in doctors using safer procedures, better diagnostic tests, and more extensive fact finding before providing treatment. The law should also urge doctors to follow the “customary practice” standard which would discourage doctors from using untried and dangerous treatments as opposed to what is generally acceptable in the field. Finally, it is the hope of patients and medical malpractice attorneys alike that the possibility of a lengthy litigation process will push doctors to adapt and change with the profession rather than sticking with their old ways when new approaches are readily available.

Medical Malpractice Attorneys in New Jersey and Philadelphia

Medical Malpractice Attorneys: A Matter of Common Knowledge

In order to successfully prove a medical negligence case, medical malpractice attorneys must prove that the doctor failed to live up to the appropriate standard of care. Generally, lawyers, on behalf of their clients, must call expert witnesses in order to establish the relevant standard of care that professionals are expected to fulfill. However, in many jurisdictions, plaintiffs may not need to present expert witnesses if the negligence undertaken by the doctor was “so grossly apparent, that a layman would have no difficulty recognizing it”.

When Would a Layman Recognize Medical Malpractice?

new jersey philadelphia medical malpractice attorneys common knowledge layman recognition Expert testimony is not necessary to prove a plaintiff’s case when the negligent conduct of the doctor was a matter of common knowledge. One example that constitutes a “matter of common knowledge” is all too frequent in medical treatment today. This example involves a surgeon who negligently leaves a foreign object inside of a patient, such as a sponge, following a medical procedure. Expert testimony is not necessary to prove that the doctor breached his duty to the patient when he began the procedure. A layperson does not need advanced medical schooling and degrees to recognize that a foreign object should not be left inside of a patient following a procedure. Therefore, a jury can easily see for themselves that there was a breach of a duty resulting in medical malpractice, without the unnecessary parade of highly educated doctors at trial.
One final example came about in the Texas case of Schneider v. Haws. In that case, no expert testimony was necessary to prove medical negligence when a patient was not provided an escort or mechanism to safely return her to the waiting room. The patient ended up hitting her head due to the lack of assistance and supervision following a meeting with the doctor.

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: Don’t Know What You Got until It’s Gone

The law recognizes a spouse’s right to the love, company, affection (including sexual) and service of the other spouse and this is referred to as “consortium”. Unfortunately, in many medical malpractice cases, due to serious injury or death, one spouse may lose the consortium of the one they love. Medical malpractice attorneys will often seek compensation for this loss as part of the damages that a jury awards at the conclusion of a trial.

The Loss of a Loved One Due to Medical Malpractice

new jersey philadelphia medical malpractice attorneys discuss definition consortium This category of the law has spread in recent years and in different jurisdictions across the United States, other individuals have been able to claim loss of consortium. Some of these individuals include parents, grandparents, and children. It is crucial for lawyers to know the common law in the jurisdiction in which they practice because many people are affected and hurt by medical malpractice aside from just the patient. It is important that those who will truly lose the consortium of the victim be compensated for their loss. This portion of the law is continuing to expand and grow to allow others to bring claims of loss of consortium.

In 2003, a New Mexico court decided the case of Lozoya v. Sanchez. That case was the first time in history that a court was upheld after they recognized the right of unmarried cohabitants who were in an “intimate familial relationship” with the victim. Medical malpractice attorneys for that plaintiff were allowed to seek loss of consortium damages even though there was no official marriage.

Medical Malpractice Attorneys in New Jersey and Philadelphia

Medical Malpractice Attorneys Recognize Loss of Life’s Pleasures

In a recent trend, some courts across the United States of America have begun recognizing “hedonic damages.” Hedonic damages refer to a plaintiff’s loss of the ability to engage in activities that he or she enjoys. Traditionally, there could be no award and recovery for the loss of life’s pleasures but in some states, this trend is coming to an end. As of 2006, the supreme courts of Connecticut, Maryland, New Hampshire, New Mexico, South Carolina, Washington, and Wyoming have all allowed medical malpractice attorneys to make separate claims for these types of damages.

The Importance of Doing What You Love

new jersey philadelphia medical malpractice attorneys hedonic damages loss life pleasures Lawyers believe that hedonic damages should be recognized in all states because the victims of some incidents of medical malpractice will no longer be able to engage in these behaviors. Imagine the case of an avid swimmer who, because of medical malpractice, could no longer kick her feet. Another example would be the golfer who, because of medical negligence, experienced stiffness in his arms and could no longer swing his clubs.

Medical malpractice has a broad range of effects on victims and courts should not be slow to recognize that the loss of ability to engage in activities could be some of the most tragic losses to the patients. Many people see medical malpractice as a single incident and believe that a patient should be compensated only for the doctor’s negligence. This near-sighted approach fails to recognize that because a doctor did not live up to the standard of care, the patient’s entire life is now altered, potentially forever.

Medical Malpractice Attorneys in New Jersey and Philadelphia

Elder Abuse Lawyers: California Developing Website to Report Abuse

Every state operates differently. Elder abuse lawyers and state officials advocating for the elderly are always looking at the procedures of other states to find out what is working in the fight against abuse and neglect.

New legislation is waiting the approval of the governor in California to develop a secure website for police, doctors, and other authorities to report suspected elder abuse and neglect. The current system in California, and in a good portion of the country, involves a phone call to the state’s elder abuse hotline to report all forms of suspected abuse. The biggest flaw with the hotline, however, seems to be that, because it is used by both lay citizens and legally obligated authorities to report abuse or neglect, callers deal with long wait-times which in turn causes frustration and hang-ups.

The proposal in California suggests a reporting website for police and other civic authorities which would eliminate a large portion of the callers and lessen wait times, allowing the public to speak to a representative faster. The goal, of course, would be to create an easier reporting process for individuals with information, reducing the number of hang-ups and encouraging more people to come forward. According to a 2010 study of county calls, one in four callers hang up rather than wait while they are placed on hold. Developing a website and separating callers would also speed up the reporting process for doctors and police who do not have time to sit and wait through hour-long wait times to report suspected abuse.

“This effective reporting system will ensure that our seniors’ voices are heard and abuses are not overlooked,” said Sen. Juan Vargas, a San Diego Democrat who carried the bill.

Reporting Elder Abuse in New Jersey

As elder abuse lawyers, we know how frustrating the long wait times can be for the elder abuse hotlines. Phone representatives for these hotlines work very hard to keep up with an influx of calls while getting all necessary details, but this often results in a lot of waiting. Approving proposed legislation to ease the process almost seems like a no-brainer. Elder abuse lawyers at the Mininno Law Office hope to see that this legislation is passed and similar systems start to pop up nation wide.

The New Jersey Ombudsman’s Office works to investigate allegations of elderly abuse and neglect. You can report any suspicions anonymously by calling their 24 hour toll-free hotline toll at 1-877-582-6995, or emailing at ombudsman@advocate.state.nj.us. We feel that anonymity is very important for those who could lose their job or feel uncomfortable revealing potential elder abuse. The problem with the current New Jersey system is that the only way to anonymously report abuse is to call and wait to speak to a representative. A website similar to the one being proposed in California for the general public would allow someone to report abuse over the internet without having to use their email address. An anonymous secure website would be an efficient and quick way to report elder abuse to state authorities.

Elder Abuse Lawyers in New Jersey and Philadelphia

If your loved one is currently a resident of a nursing home or care facility and you are worried that the care they are receiving is negligent, abusive, or inadequate , contact the Mininno Law Office for a free case evaluation with an elder abuse lawyer. You may also call for a free consultation at (856) 833-0600 in New Jersey, or (215) 567-2380 in Philadelphia.

Nursing Home Abuse and the State Ombudsman

nursing home abuse and beglect ombudsman in new jersey
By definition, an ombudsman is a government official who hears and investigates complaints by private citizens against other officials or government agencies. In the state of NJ, an ombudsman works on behalf of the elderly in nursing homes and long term care facilities through the The Office of the Ombudsman for the Institutionalized Elderly. This office accepts reports and complaints of nursing home abuse, negligence, inadequacy, theft, fraud, and other issues concerning the care residents receive in nursing homes and long term care facilities. The office invesitigates these reports of abuse and neglect from a neutral, third party stand-point, and takes the proper steps in the event that abuse is taking place.

I am a Victim of Nursing Home Abuse, What Should I Do?

If you or someone you know have been abused or neglected in a nursing home, the first thing you should do is contact the Elder Ombudsman’s Office. They will document the complaint, and take further steps to investigate it. Your next step is to contact a nursing home abuse attorney.

The NJ and PA nursing home abuse attorneys at the Mininno Law Office are dedicated to eradicating the disturbing trends of abuse and neglect in our nation’s nursing homes and long term care facilities.

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, and (215) 567-2380 in Philadephia.

New Jersey Office of the Ombudsman for the Institutionalized Elderly
To file a complaint:
Call 24-Hour Toll Free Hotline: 1-877-582-6995
Email: ombudsman@advocate.state.nj.us
Write: The Office of the Ombudsman
P.O. Box 852
Trenton, NJ 08625-0852
Fax: 609-943-3479

Pennsylvania Office of the State Long-Term Care Ombudsman
Pennsylvania Department of Aging
555 Walnut Street, 5th floor
Harrisburg, Pa. 17101-1919
(717) 783-8975

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.