litigation Archives - New Jersey Medical Malpractice Lawyers

Nursing Home Abuse Lawyers: Haverford Facility’s Staff Found Not Guilty

nursing home abuse lawyers nj and pa Early last year our nursing home abuse lawyers wrote several blogs about the Quadrangle nursing home facility in Delaware County, PA and the alleged nursing home abuse of one of their residents, 78-year-old Lois McCallister. Officials found out about an incident where three orderlies were allegedly mocking and abusing the dementia patient, forcing her to walk around her room naked while they laughed at her. Lois McAllister’s family caught the abuse on tape, the facility lost their license, and the staff members involved were arrested and charged. The home’s parent company later entered into an agreement with the Pennsylvania Department of Public Welfare (DPW) and had their license reinstated.

Ayesha Muhammad, 19, Tyrina Griffin, 21, and Samirah Traynham, 22, were charged with simple assault, false imprisonment, harassment, and conspiracy and found not guilty on all counts by Judge Kevin F. Kelly. The Assistant District Attorney Robert Manzi tried to argue that the three caregivers were taunting, mocking, and physically abusing McCallister while they forced her to stand partially naked inside her room, as seen in the video. However, the defendant’s attorney successfully argued that the footage on the video only showed the three women struggling to get a difficult patient dressed.

Nursing Home Abuse and Neglect Attorneys in New Jersey and Philadelphia

If your loved one is currently a resident at a nursing home or long term care facility, pay close attention to not only their condition, but also the care they are receiving. Your attentiveness is crucial to your loved one’s continued safety at a nursing home. If you are worried that the care they are receiving is indeed negligent or abusive, 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.

Elder Abuse Lawyers Give Update on Disturbing Case

elder abuse lawyers in NJ and PA About a month ago, the elder abuse lawyers of the Mininno Law Office reported on an elderly woman who was being severely neglected by her adult son. Police found Carol Brown, 74, unresponsive in the home of her son James Owens, 52, and rushed her to the hospital but she died just days later. The responders described Brown as “a rotting corpse that was still breathing.” She was found fused to her chair surrounded by her own waste, with a swollen ankle wound containing maggots. It also became clear that Owens had not fed his mother in over a week. Brown’s daughter, Laura Sanders, is incredibly mad at her brother for allowing their mother to die in this way. She told officials “Knowing that she died and it may have been prevented? … I’m so far passed crying. I am just real mad! I’m beyond mad!”

Adult Son Faces Charges For Mother’s Death

James Owens is now facing charges of first-degree involuntary manslaughter for his mother’s death, as well as forgery after attempting to cash her Social Security check two days after her death. The medical examiner’s office reported that the autopsy showed the cause of death to be complications from sepsis due to neglect. Owens is being held on a $100,000, cash-only bond.

Elder Abuse Lawyers in New Jersey and Philadelphia

If your loved one is currently under the care of an individual or care facility and you have witnessed them being abused, you have noticed strange bruises, scratches or sores, or you fear that the care they are receiving may be considered negligent or abusive, our professional elder abuse lawyers can address your questions and concerns. 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: Canadian Man Dies Awaiting Treatment

Brian Sinclair passed away after he waited 34 long hours in an emergency room awaiting treatment, and now his relatives have filed a medical malpractice lawsuit. The Province of Manitoba is arguing that the Charter of Rights and Freedoms does not guarantee a right to life, liberty and security, which has been the focus of the medical malpractice attorneys for Sinclair’s family. The province is arguing that the charter “guarantees a right not to be deprived of life, liberty, and security of the person in accordance with the principles of fundamental justice.” The province also argues that the government was not negligent in the man’s death because there was no personal duty to care for him under the Canada Health Act.

Can Canada Look Away while a Man Dies Without Any Obligations?

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The lawyers for Sinclair’s family found these arguments to be both offensive and perverse. They believe that if the charter were to be read in this way, the rights and freedoms that are guaranteed to all citizens of Canada would slowly deteriorate. Sinclair was a double amputee and he died from a treatable bladder infection in the emergency room at age 45. His medical malpractice attorneys stated “imperiling the safety of the public in such a way that someone as vulnerable as Brian Sinclair arbitrarily would not get any medical treatment or attention as he waited in a Manitoba hospital emergency room for 34 hours, in pain, vomiting, and dying, is not in accordance with any conceivable principle of fundamental justice”. Security tape showed that when Sinclair showed up he spoke to an aide, wheeled himself into a waiting room, and a long 33 hours later he was discovered by an individual who told a security guard it appeared the man was dead.

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: Wisconsin Attempts to Limit Evidence

A bill is currently working its way through the Wisconsin Legislature that would limit the admissibility of certain types of evidence in medical malpractice cases. Medical malpractice attorneys believe that this bill, which is part of a larger tort reform plan, may be over reaching. The new law would not allow courts to consider an apology, expression of condolence, or expression of responsibility by nurses, doctors, or other healthcare providers as evidence of malpractice.

The Two Debating Sides

medical malpractice attorneys in nj and pa Sandy Pasch originally wrote the bill in an attempt to disallow courts to consider healthcare provider’s apologies, but since the bill became more expanded, she elected to vote against the bill. Pasch, a nurse, was quoted as saying,

“It would negate whistleblowers who call up and say to a family member I’m so sorry your husband died, we’ve been having problems with that equipment and I had to come forward, we cant take another death.”

A vocal leader on the other side of the debate is Mark Grapentine, who is the spokesman for Wisconsin Medical Society, and is in favor of the new bill. Grapenstine said,

“oftentimes a physician will accept responsibility even if he or she has no idea if something was the result of negligence or not. It’s kind of the human part of making someone feel better. We don’t want to have physicians worrying about what words they say and whether they’re being interpreted as an admission of fault or not.”

Medical malpractice attorneys believe that, in some circumstances, the dialogue between healthcare providers and patients could be pertinent and it would be a mistake to broadly outlaw all comments, as this bill attempts to do.

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 medical malpractice attorneys. Please contact the Mininno Law Office for a free case evaluation, or call for a free consultation at (856) 833-0600 in New Jersey, or (215) 567-2380 in Philadelphia.

Medical Malpractice Attorneys and the “Conspiracy of Silence”

Prior to the 1960s, medical malpractice litigation was far less prevalent in society than it is today. Everything began to change when medical malpractice attorneys were able to break the traditional “conspiracy of silence”. This led to many more tort claims and allowed injured patients to seek the compensation that they rightfully deserved. The conspiracy of silence refers to the discouraging of physicians and doctors (who today serve as expert witnesses) from testifying against other healthcare providers in malpractice or negligence lawsuits.

A Change in the Protocol of Experts

It was very difficult for medical malpractice attorneys to prove that medical malpractice occurred when they were unable to call experts in the field, such as doctors, to testify. Informing the jury of the relevant standards of care and the expected performance and requirements did not hold as much water when a prominent professional in the field was not the one testifying. Thankfully, today, medical malpractice attorneys are able to call any number of expert witnesses who can now shed light on the potential negligence of their colleagues in the field. The unspoken tradition of doctor and physicians refusing to testify against their colleagues in reality only caused an injured victim to suffer. This cultural shift signified a great time for injured patients because it gave tort lawyers and medical malpractice attorneys’ greater leverage to prove their case by painting a much broader picture. Today, both parties are able to call as many expert witnesses to testify as they wish and the jury is able to determine who has presented a stronger case, free from any conspiracy of silence.

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 medical malpractice attorneys. Please contact the Mininno Law Office for a free case evaluation, or call for a free consultation at (856) 833-0600 in New Jersey, or (215) 567-2380 in Philadelphia.

Medical Malpractice Attorneys: Survival and Wrongful Death Actions

In the past, under the common law, if either the plaintiff or defendant of a tort claim died, the action would be ended. This is because one of the parties, who either deserved compensation or who was liable, would no longer be around. A simple example would be if a patient was injured by a doctor due to medical negligence, the action would end if either party passed away. Also, historically there was no right to recovery for survivors of a patient who was negligently killed by a doctor’s medical malpractice (and the patient’s family could not recovery pecuniary losses or for the loss of companionship). Today, every state has altered these rules by statute which allows medical malpractice attorneys to bring lawsuits in search of compensation, even if their client or the defendant has passed away.

The Types of Actions

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The first types of laws that have been implemented are generally referred to as “survival” statutes. Under these statutes, a lawsuit will not come to a halt simply because one of the parties has passed away prior to the litigation. This means that lawsuits, including those for medical malpractice, will survive the death of either party. Alternatively, there are also laws in place known as “wrongful death” statutes. These statutes create a cause of action for the family who has been left behind following the death of a plaintiff. An example of a wrongful death situation may be if a doctor’s tortious activity, such as negligence or malpractice, leads to the death of a patient. In that case, the family of the patient may still bring a lawsuit against the doctor even though the true victim of the tort, the deceased patient, is no longer around. Lawyers have found that although some states have elected to combine the two types of actions into a single statute, every state provides this type of protection for patients and their loved ones.

Medical Malpractice Attorneys in New Jersey and Philadelphia

Medical Malpractice Attorneys: Pre-Natal Injuries

There are many forms of negligence, and other tortious conduct, that can lead to the injury of a baby while still in the mother’s womb. Many people’s first thoughts would be to look at the potential tortious conduct of a doctor, which may have caused injury to a baby due to medical negligence. Medical malpractice attorneys have found that most courts have allowed for the recovery of damages when a child is injured while “en ventre sa mere” (meaning “in the mother’s belly”) and is born alive. This is because the negligence of a defendant has caused some sort of injury to the young baby and damages are reasonable even though the child was not yet born. A minority of courts have actually denied the recovery of damages if the child was not yet born, even though the negligence will affect the baby for years down the road.

A Startling Approach by Defense Attorneys

medical malpractice attorneys in nj and pa Some lawyers who have represented defendants in these sorts of cases have come forth with surprising, if not shocking, legal arguments to avoid liability. Some attorneys in this situation have argued that there can not possibly be negligence because that tort requires a duty and a breach of duty. The argument follows that a defendant could not have possibly had a duty of care towards a being that is not yet born. This approach is very rarely accepted because it sets forth bad public policy and it tends to disregard the values we tend to hold as a society. Negligence that harms an unborn baby is just as undesirable as any negligence that could injure any one else. Thankfully, medical malpractice attorneys agree that today, recovery of damages is generally acceptable when a baby is injured prior to birth due to some act of negligence.

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 medical malpractice attorneys. Please contact the Mininno Law Office for a free case evaluation, or call for a free consultation at (856) 833-0600 in New Jersey, or (215) 567-2380 in Philadelphia.

Medical Malpractice Attorneys Explain Six General Rules of Malpractice

Medical malpractice attorneys , in preparing to file a lawsuit, generally look to a series of rules that have been set forth by numerous courts over the years. The rules refer to when a plaintiff may file a malpractice lawsuit and the types of proof that are necessary at trial. The Supreme Court of Arizona set forth a series of rules in 1938 in the case of Boyce v. Brown, that still hold true today.

A Historical Look at Medical Malpractice

new jersey philadelphia Medical Malpractice Attorneys six general rules

The Arizona Supreme Court listed these 6 general rules, these rules are adopted slightly differently in some states and may be the subject of objection yet they lay out a fairly succinct framework.
(1) An individual who is “licensed to practice medicine is presumed to possess the degree of skill and learning which is possessed by the average member of the medical profession in good standing in the community in which he practices.” These doctors are also expected to use ordinary and reasonable care when treating patients.
(2) Prior to a medical professional being held liable for medical malpractice, “he must have done something in his treatment . . . which the recognized standard of good medical practice in the community in which he is practicing forbids in such cases, or he must have neglected to do something which such standards require”.
(3) Medical malpractice attorneys must bring in affirmative evidence to prove the relevant standard of medical practice in the community, which is often shown through expert witnesses and other doctors.
(4) Medical malpractice attorneys must affirmatively prove that there was medical negligence. This rule means that a plaintiff can not just show that the treatment did not work, the best results were not achieved, or that there was a death or injury, there must have been some action or inaction on behalf of the treating doctor.
(5) In order to show that a doctor did not live up to the standard of care, expert medical testimony must be used. However, there may be no need for expert testimony if the negligence is so grossly apparent that a layperson would easily be able to recognize it.
(6)Simply showing that other medical professionals would have undertaken a different medical treatment is not enough to show medical malpractice. It is necessary to show that the course of treatment deviated from one of the methods of treatment approved by the medical community. This rule is in place because there are many acceptable forms of treatment in some cases, just because one doctor may have done it differently does not clearly show malpractice.

Medical Malpractice Attorneys in New Jersey and Philadelphia

Medical Malpractice Attorneys: Doctor Liability to 3rd Parties

In some states, there has been a trend to impose a duty on physicians regarding third parties who have not directly sought treatment from the doctor. A simple example may be a doctor who advises a patient, who is prone to seizures, that he can safely drive his care home from an appointment. Should that doctor be liable to a third party who was seriously injured in a car accident after the patient had a seizure driving home? How about a doctor who prescribes a medication, which a patient has an unfortunate reaction to, and injures pedestrians on the car ride home for the doctor’s office? Medical malpractice attorneys have found that different jurisdictions have attacked these issues in different ways, some imposing liability on physicians and others declining to do so.
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In Osborne v. United States, a case out of West Virginia, that court permitted a third party to bring a lawsuit against a doctor whose negligent treatment resulted in an injury. The court ruled that in cases where it should have been foreseeable to the healthcare provider, the third party has standing to sue. Lawyers also point to the New York case of Tenuto v. Lederle Labs. In that case, the court found that there was a duty to warn to parents of the risks to their own health, following the vaccination of their children. Finally, medical malpractice attorneys point to the Pennsylvania case of DiMarco v. Lynch Homes-Chester County, Inc. In that case, a doctor negligently advised a patient about a communicable disease. Since the third party was at risk to contract that disease, there was liability placed on the healthcare provider.

Medical Malpractice Attorneys in New Jersey and 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.