Nursing Home Abuse Lawsuit Blocked by Facility Document

The decision to put your loved one into a nursing home or long-term care facility can be a heartbreaking time. Choosing the right facility, worrying about the quality of care, and making the financial commitments can be very overwhelming. It is important to do your research with every nursing home that you consider. Look into past accusations of nursing home abuse, research the experience of the medical staff, compare facility conditions and make sure to carefully read every document before you sign.

Trinity Mission Does Not Live Up to Expectations

Nursing Home Abuse Lawyer NJ PA
Photo by: Tim Pierce
Cindy Farese, a Mississippi woman, was very upset when her mother’s doctor told the family that she needed to be put into a nursing home. They had promised her mother, Virginia Valentine, that she would never be put into a care facility. As hard a decision as it was, Farese and her family chose Trinity Mission Health & Rehab in Holly Springs, Mississippi.

They immediately started to notice a change in their mother; she was always a vibrant, happy 79 year old. Once she entered the nursing home, she started to lose weight, stopped eating, and was no longer herself. The family knew something was wrong and insisted that the facility take her to the hospital. They were appalled with what the doctors at the hospital found. “She had blisters from front to back where she had not been changed,” Farese said.

The hospital also diagnosed Virginia with Clostridium Difficile, or “C-Diff.” The nursing home had been giving Virginia very strong antibiotics to prevent infection, however, when overexposed to antibiotics, bacterias become resistance to their effect. The antibiotics that Trinity Mission gave to Virginia became ineffective, allowing C-Diff to form. If the nursing home had been doing their job and not neglecting Virginia, the strong antibiotics would have not been necessary and the c-diff would not have developed. C-Diff eventually killed Virginia Valentine.

Mississippi Family Urges You to Read All Admission Documents

Cindy Farese wanted to sue Trinity Mission Health & Rehab for killing Virginia, but when her mother was admitted, she signed an ‘Alternative Dispute Resolution Agreement. She unknowingly signed away her right to a jury trial. Luckily, Cindy’s husband, John Booth Farese, is an attorney and was able to find a legal loophole in the document. He deposed nine employees and got the nurses to admit on the record that they knew Virginia’s condition was worsening and recorded it on her medical chart but never informed the doctor.

As nursing home abuse lawyers, we strongly recommend carefully reading over every document a nursing home gives you to sign. If you have any questions about these documents, we urge that you have an attorney look them over before signing. If you are not careful, you may be giving up your right to go to court, despite the wrongfulness of a facilities actions.

Nursing Home Abuse and Neglect Lawyers in NJ and PA

If your loved one is currently a resident of a nursing home or long term care facility, or you are considering placing them into one, pay close attention to the facility and every document you are asked to sign. If you are worried that the care they are receiving is 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.

Medical Malpractice Attorneys Outraged over Proposed Bill

Medical malpractice attorneys in the state of North Carolina strongly disagree with the current debates within the state legislature.

Legislators in Raleigh, NC are in search of a manageable way to reform the medical malpractice laws within the state. Medical malpractice attorneys, on the other hand, find this to be extremely detrimental to potential victims of negligence whose sole means to recovery comes through the judicial system.

Damage Should not be Limited when a Jury Finds Liability

new jersey philadelphia Medical Malpractice Attorneys  Outraged over Proposed BillThe legal system uses money damages in many different ways. Compensatory damages are generally used to compensate the plaintiff for any harm that the defendant has caused. Punitive damages are used to set an example and punish a defendant for particularly egregious harm. One particular portion of the legislation in North Carolina that has medical malpractice attorneys “up at arms” is the $500,000 cap on non-economic money damages. This means that damages that go beyond mere lost wages and the cost of medical care that were caused by medical negligence would now be limited. This is a debatable position for the legislature to take because many cases involve specific circumstances in which pain, suffering, loss of consortium (spousal loss of companionship and affection), hedonic damages (loss of life’s pleasure), and many other non-economic losses will far eclipse the proposed cap.

It is hard to say that a child who loses a limb or a mother who loses her voice due to medical malpractice should be limited in their recovery. The legislature defends the current debate because of the unpredictable nature of pain and suffering awards which lead to ever increasing malpractice insurance premiums within the healthcare industry. The debate will surely rage on within the states and in Washington, but medical malpractice attorneys hope that an individuals’ right to bring a lawsuit when they have been harmed is not limited by an overbearing legislative decision.

Medical Malpractice Attorneys in New Jersey and Philadelphia

If you have recently undergone medical treatment but something went wrong which you believe is attributable to medical negligence, you probably have some questions. 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.
Our team is dedicated to earning full and fair compensation for victims of medical negligence.

Nursing Home Neglect – Resident Dies Trapped Between Bed Rails

new jersey philadelphia Nursing Home Neglect lawyers resident trapped between bedrailsNursing homes and long-term care facilities have made modifications to prevent accidents and nursing home neglect. Falling is a big problem with the elderly because of their compromised balance and cognitive impairment and falls can have more drastic consequences because of their fragile health. According to the American Academy of Family Physicians, falls are the leading cause of accidental deaths in people 65 years or older, account for 70 percent of accidental deaths in people 75 years of age and older, and 60 percent of nursing home residents fall each year. Many nursing homes have preventative measures in place such as floor mats, bars in the bathrooms and bed rails to prevent falls. However, some of this equipment that is meant to prevent injury can actually be fatal in other ways.

In December of 2004, 75 year old Harry Griph Sr. was found dead in his room at the New Perspective assisted living facility in Brookfield, Wisconsin. His neck was trapped between the mattress and the bed rail, where he became asphyxiated. Although cases like this are happening all over the country, bed rails are still being used in many nursing homes.

Dangers of Bed Rails

According to geriatrician and bioethicist Steven Miles of the University of Minnesota, “Rails decrease your risk of falling by 10 to 15 percent, but they increase the risk of injury by about 20 percent because they change the geometry of the fall.” When patients climb over the rails they fall from higher levels and are more likely to hit their heads. Another danger of the bedrails is getting stuck within the rails or between the rail and the mattress. According to Dr. Miles,

“A person will roll into the slot next to the rail, and the mattress slides to the opposite side. That doubles the size of the gap. The patient drops into the gap, the mattress presses against his chest and he can’t breathe.”

The patient can then die from asphyxiation within minutes.

Although bed rails are meant to prevent nursing home neglect, they are in fact doing more harm than good. In 2006, the F.D.A. issued guidelines for the use of bed rails in nursing homes and long-term care facilities, and since then, their use is decreasing. However, about 10 percent of nursing home residents occupy a bed with bed rails and with the number of elderly entering nursing homes rising, there are many at risk. The only way to solve the problem is to enforce manufacturing standards that prevent the potential of becoming trapped between the mattress and the rail.

Nursing Home Neglect Lawyers in New Jersey and Philadelphia

If your loved one has been seriously injured as a result of bed rails, or you fear that the care they are receiving may be considered negligent or abusive, you probably have a lot of 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 – Unethical Juror Delays Justice

Nassau County District Attorney Kathleen Rice stated that “juror misconduct undermines the constitutional rights of plaintiffs and defendants and threatens the sanctity of our justice system,” and medical malpractice attorneys could not agree more.

This week, a New York juror in a medical malpractice lawsuit was arrested for allegedly soliciting a bribe from the plaintiff. The juror, Deonarine Persaud, was charged with bribe receiving by a juror, a Class D felony, as well as first degree misdemeanor misconduct by a juror. Although it is important to put an end to this type of juror misconduct, the behavior of this one man has delayed the justice sought by the plaintiff.

Corrupt Juror could Face Seven Years in Prison

new jersey philadelphia Medical Malpractice Attorneys unethical juror delays justicePersaud, a sworn juror in a medical malpractice civil trial, contacted the plaintiff and said that he had some important information about the defendant that was crucial to the lawsuit. Through a telephone conversation, Persaud spoke to the mother of the plaintiff and arranged to meet the plaintiff’s father at a local hardware store to discuss the information. The father immediately recognized the juror, who made assurances that he could sway the jury in the plaintiff’s favor in return for a five percent cut of the damages awarded. The family contacted the plaintiff’s medical malpractice attorney soon after the phone call and the news was promptly brought to the judge on Monday. The judge, in turn, contacted the DA’s Office and after a short investigation, the juror was arrested when he returned to court on Tuesday. If Persaud is convicted of all the charges that have been brought against him, he could face up to seven years in prison. Due to this gross misconduct on the behalf of the juror, medical malpractice attorneys fear that the plaintiff’s pursuit of a fair and impartial trial will be substantially delayed.

Medical Malpractice Attorneys in New Jersey and Philadelphia

If you have recently been the victim of any sort of medical negligence, you most likely would like to speak to medical malpractice attorneys regarding your situation and 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) 5672380 in Philadelphia.

Adding Your Child’s Teacher to the Cleft Palate Care Team

The birth defects attorneys of the Mininno Law Office would like to share with you some advice about preparing your child with a cleft lip/palate for school. There are many things you may want to communicate with your child’s teacher. First and foremost, in as tactful a way as possible, let the teacher know that your child is an individual, not a diagnosis. Other children will naturally be curious, because your child’s appearance may be different, but the teacher can make this a positive experience by respectively educating the other children about the birth defect, as well as making your child feel more welcome.

new jersey philadelphia Birth Defects Attorneys school tips children oral cleftsIt is also important to let the teacher know that your child may have hearing issues tied to the cleft palate, which should be considered if the teacher believes the child isn’t listening. Lastly, try to encourage the teacher to maintain an open line of communication, as the first years of school are most likely going to shape your child’s self-image strongly, and it should be as positive as possible. Teachers are generally compassionate people, so adding your child’s teacher to your care-team along side your doctors, birth defects attorneys, and other professionals is a great idea.

Birth Defects Attorneys In New Jersey and Philadelphia

Now that your child is getting ready for school, you may be asking yourself if you need birth defects attorneys. The simple truth is that in a great portion of cases there is no one to blame for the development of the birth defect as it was caused by natural forces. However, in some instances, there are external forces at work which may have affected your child’s development. For instance, the FDA has recently announced that Topamax (Topiramate) has been linked to an increase in the development of a cleft lip/palate by 21 times the normal rate.
If you believe that Topamax may have been a factor in the development of your child’s cleft lip/palate please do not hesitate to contact us. Our lawyers are experienced and in many cases can help achieve financial judgments that can help your family.

Contact the Mininno Law Office in New Jersey at (856) 833-0600 and in Philadelphia at (215) 567-2380 for a FREE case evaluation and consultation.

Nursing Home Abuse Occurs as Fraud and Theft

Not all forms of elder and nursing home abuse are physical. Financial elder abuse is becoming more of a problem in this country. Nursing home employees and caregivers are taking advantage of the elderly and sometimes even stealing large amounts of money from them or putting themselves in charge of their finances. Banks will often issue signature stamps to their elderly and disabled customers who are not able to physically go to the bank. Some caregivers are using these stamps to steal thousands of dollars from their elderly patients.

Caregiver uses Signature Stamp to Steal from Elderly Woman

Liz Sanders is a Southern California woman who is fighting against financial elder abuse because her mother, Bette Isenberg, was taken advantage of by her caregiver. Before Bette died at the age of 82 last year, she was bedridden and required round-the-clock care. The woman charged with her care used a signature stamp to cash checks, empty her bank account, access her life insurance fund, and add herself to department store accounts by faxing over a letter that was signed with the signature stamp. Helen Wofford was convicted and sentenced to 32 months in prison. Liz sanders testified to the life-altering effects of Wofford’s actions:

“This $20 signature stamp cost my mother three-quarters of a million dollars and left her in financial ruin. This has been heartbreaking and I don’t want any other family to have to go through this.”

new jersey philadelphia Nursing Home Abuse lawyers occurs fraud theftMs. Sanders is now testifying in support of a bill authorized by Senator Fran Pavley that will enforce new regulations on the issuing of signature stamps. The bill would make it harder for caregivers with ill intentions to obtain the stamps by requiring that a bank employee witness and sign all requests for new signature stamps. Customers given the stamps will also be provided with information on the risks associated with them, in hopes that people will be more aware of the signs of theft or fraud, and also more careful of where the signature stamps are kept. The bill would also increase the punishment for financial elder abuse in California.

This is an excellent step in protecting the elderly from being taken advantage of in California. However, the rest of the country needs to be aware of this issue. Ordering signature stamps for your elderly loved ones can be risky and should be done with caution. Do not leave the stamp around where caregivers or others could potentially take possession of them. Check bank and credit card statements on a regular basis to make sure there are no mysterious charges, and report any suspicions that you may have.

Nursing Home Abuse Lawyers in New Jersey and Philadelphia

If your loved one is being taken advantage of financially, or you believe the care they are recieving is abusive or negligent, you should 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 Philadelphia.

Medical Malpractice Attorneys & a Kidney Procedure Gone Bad

new jersey philadelphia Medical Malpractice Attorneys negligence naval hospital jacksonvilleSeventy-two year old Christine Williams went in to Naval Hospital Jacksonville to have a mass removed from one of her kidneys. The procedure was expected to keep Ms. Williams in the hospital for three days and then allow her to resume normal activities. Those three days turned into four months. Ms. Williams then contacted medical malpractice attorneys to file a lawsuit against the hospital for a surgical error that lead to the need for additional surgery, diminished feeling in extremities, and loss of the ability to walk.

Aorta Inadvertently Stapled During Kidney Surgery

Two days after the initial kidney procedure, a CT scan was ordered by physicians which revealed a problem with her aorta. The radiologist conducting the CT scan notified the surgeon that Ms. Williams appeared to have a dissection of the aorta, a condition that called for a follow-up CT of the aorta itself. The woman’s medical malpractice attorneys said that a second CT scan did not occur for several days because it was Memorial Day weekend. When the second CT was finally done, it did show that a vascular surgeon was needed and Williams was transferred to the Mayo Clinic for emergency surgery. This additional procedure revealed that Williams’ aorta was accidentally stapled during the initial surgery.

Sean Cronin, Ms Williams’ medical malpractice attorney, stated:

“we have a surgical error that took place that was not recognized. Once it was recognized by the attending radiologist, it was not acted upon. Ms. Williams is experiencing a medical emergency. She’s unable to walk. She didn’t have pulses in her legs and people are going home and going on vacation.”

Williams has become dependent on her family and she now has to do physical therapy to try and regain some of the strength she had before surgery. Williams is taking very small steps towards recovery but she is thankful to be alive. Medical malpractice attorneys believe these types of negligence cases happen more often than most people would expect and they can cause great damage to a patient and their family.

Medical Malpractice Attorneys in New Jersey and Philadelphia

If you believe that you are suffering the effects of medical malpractice or negligence, you do have 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.

Birth Defects Attorneys Give Insurance Advice for Cleft Lip/Palate

new jersey philadelphia Birth Defects Attorneys insurance advice cleft lip palateIf your child is suffering from a cleft palate or lip the stress involved can seem, at times, overwhelming. Dealing with your insurance carrier to get the necessary care should not, but often does, add to the stressful burden. In many instances, insurance companies will deny the claim outright initially. This can be frustrating, especially when the person making the initial denial does not have a medical background, and therefore is not intimately familiar with the issues associated with a cleft lip/palate. The attorneys at the Mininno Law Office have some practical advice to help cope with this problem.

It is important to prepare yourself for the possibility of spending considerable amounts of time on the phone speaking with various representatives from the insurance company. It is important to document every phone call, with the date, time, name of who you spoke with, and the content of the call. This serves to protect you. Essentially, you are looking for that one sympathetic person at the company that will make your life easier and help get your child the treatment that he/she deserves. In the case that your claim is denied, as a paying customer, you should consider the appeals process to have the claim looked at again.

Birth Defects Attorneys In New Jersey and Philadelphia

Many times people who have a child with a cleft palate/lip birth defect ask if they need to contact birth defects attorneys. The answer is complicated. In many instances, the birth defect was caused by natural forces and there is no one to blame. In these instances you may find yourself fighting the insurance battle described above. However, in other cases, external forces may have been in play, like Topamax (Topiramate), a drug that the FDA has recently announced increases the likelihood of cleft palate/lip by 21 times.

If you believe Topamax may have been a factor in your child’s birth defect, the birth defects attorneys at the Mininno Law Office can provide financial remedies that will alleviate the stresses associated with your child’s birth defect. Contact the Mininno Law Office in New Jersey at (856) 833-0600 and in Philadelphia at (215) 567-2380 for a FREE case evaluation and consultation.

Medical Malpractice Attorneys – Lawsuits in Pennsylvania Are Down

New rules were enacted in 2002 by the Pennsylvania high court in an attempt to limit “frivolous” medical malpractice lawsuits. In 2010, medical malpractice litigation against hospitals and doctors in Pennsylvania dropped to the lowest point since the adoption of the new guidelines. The new standards within the state are supposed to ensure that all the medical negligence cases that reach trial are legitimate, as opposed to dubious, claims. Medical malpractice attorneys believe plaintiffs will still be able to acquire just compensation for medical malpractice because more of the judicial resources will be available to the deal with stronger lawsuits.

Statewide Medical Malpractice Suits Down 45% Since Adoption of New Rules

new jersey philadelphia Medical Malpractice Attorneys lawsuit pennsylvaniaThe worry among medical malpractice attorneys has been that the new rules limiting the ability of plaintiffs to bring lawsuits may place a significant obstacle in the way of patients finding justice. Medical malpractice has been a hot button issue in nearly every jurisdiction within the country, with many politicians concerned with stabilizing the costs of malpractice insurance. Medical malpractice attorneys’ chief concern is that rules that are over-expansive may keep meritorious cases from reaching a courtroom. On the other hand, many medical malpractice attorneys believe that these new rules in Pennsylvania may help those patients bringing strong negligence cases to court. Although the new standards on negligence have been put into place to limit frivolous lawsuits, those patients with strong cases will have more of the judicial resources at their disposal.

The Pennsylvania rules now require medical malpractice attorneys to file a statement by an expert in the medical field stating that the claims being brought are not frivolous. Clearly, those patients who are able to pass this standard have a legitimate case and should have a fair shot at prevailing in a court of law. The rules also require medical malpractice attorneys to file the lawsuit in the county where the health care provider’s mistake took place, in an effort to limit plaintiffs from running to a more sympathetic forum to have their case tried.

Hospitals and doctors are clearly involved in big business and have a big say in the political processes across the country. Hopefully, patients who have been harmed by medical negligence can still pursue a fair remedy in Pennsylvania.

Medical Malpractice Attorneys in New Jersey and Philadelphia

If you believe that you or a loved one have been recently treated by a negligent medical provider which is causing excess and/or unnecessary pain and discomfort, please contact the Mininno Law Office for a free case evaluation, or call for a free consultation at (856) 833-0600 in New Jersey, or (215) 567-2380 in Philadelphia.

Medical Malpractice Lawyers seek Damages in Breast Cancer Lawsuit

In late April, Carol Renna was awarded $400,000 by a jury in Northampton County, Pennsylvania. The lawsuit derived from multiple visits made by the plaintiff to different doctors. Ms. Renna wanted to have two large masses in her breasts examined. Medical malpractice lawyers believe that this is an extreme case of negligence because if the problem is not properly detected, breast cancer is often deadly.

Medical Malpractice Lawyers Argue the Necessity of a Follow-Up

Medical Malpractice LawyersMs. Renna originally found two masses in her breast in April of 2004. She visited her primary care physician but was soon referred to Dr. Mark Schadt. In the month following Renna’s discovery, Schadt conducted a fine-needle aspiration biopsy in an effort to determine whether cysts in the breast were cancerous. The initial results came back negative. The fine-needle aspiration biopsy is acceptable for some women in particular cases, but more extensive examinations such as a core-needle biopsy or an open biopsy are often necessary.

The following March, Renna returned and was once again given a fine-needle aspiration. Unlike her previous test however, these results came back positive for cancer. In April of 2005, the plaintiff underwent an excisional biopsy, which entails removing cysts and other surrounding area. Following the more invasive biopsy, Renna learned that she had invasive carcinoma stage III. Following this traumatic and shocking discovery, Renna was forced to undergo a simple mastectomy on her left breast and a radical mastectomy performed on her right breast. Medical malpractice laywers point out that a competent doctor should have followed up the initial fine-needle aspiration biopsy with a more complete biopsy to test a large sample of tissue.

Medical Malpractice Lawyers in New Jersey and Philadelphia

If you have recently undergone a procedure and you are still in pain that you believe may be attributed to negligence, it is possible that you have questions that only medical malpractice lawyers can answer. 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.