settlement Archives - New Jersey Medical Malpractice Lawyers

Medical Malpractice Attorneys: Tennessee Moves to Damages Cap

Insurers in the state of Tennessee who cover healthcare providers will not be paying out less money in medical malpractice suits. Tennessee passed new laws earlier this month which put into place caps and limitations on malpractice awards and also stated that insurers will not longer be liable under the consumer protection laws. Medical malpractice attorneys will now be faced with the uphill battle of fighting for the proper compensation for clients within the limited amounts allowed by law.

Non-Economic, Punitive, and Catastrophic Damages All Capped

Governor Bill Haslam made no secrets about his agenda to considerably limit the civil lawsuits within Tennessee. Now with the passing of the “Tennessee Civil Justice Act of 2011”, medical malpractice attorneys believe that he may have done just that. Pain and suffering, along with other non-economic damages, will now be capped at a maximum of $750,000. Furthermore, the new Act will also limit punitive damages, in both medical malpractice and personal injury cases, to only $500,000. The most shocking, and potentially limiting to plaintiffs and their medical malpractice attorneys, may be the limits placed on catastrophic cases, which will be $1 million but could effect people forever. These cases qualify as the most serious and life altering scenarios of medical malpractice. Some examples of catastrophic cases caused by medical negligence include when patients become paralyzed, blinded, burned, need an amputation, or pass away when children still qualify as minors. This new law seriously inhibits the rights of patients in seeking compensation that will once again make them whole. Although these cases hopefully will not occur too often, in these rare instances it is highly unjust to limit the amount that plaintiffs can seek at trial but such a large amount.

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 Try to Settle on Behalf of Bereaved Family

medical malpractice attorneys in nj and pa

Michael Notarangeli is the executor of the estate of Elaine Notarangeli, a Massachusetts woman who was 72 years old when she passed away. The family urges that the delay in diagnosis and treatment of a necrotic bowel led to the woman’s death. Necrotic bowel occurs when there is a lack of blood flow to the region. The family agreed to attempt to negotiate an out of court settlement through mediation with the defendants, including Lakes Region General Hospital, as well as several other doctors. Medical malpractice attorneys generally attempt to settle cases more frequently than they take them to trial in order to provide compensation for their clients more quickly and to avoid the hassle of a long and extensive litigationprocess.

Settlements are the Optimal Solution

An enormous amount of civil lawsuits are settled long before they ever reach the courtroom and there is a good reason for that. The sooner the process comes to an end, the quicker a patient can be compensated for any injuries that have been sustained. Furthermore, medical malpractice attorneys find that as litigation drags on there are increasing costs. Courts are already backed up and it often takes years for a case to get before a judge. Such is the case with Notarangeli. If that a settlement is not reached, it is likely that the case will not be heard until 2013.

Lawsuits and all of their counterparts – preparation, discovery, and investigation – are quite costly. These costs can be avoided if a settlement is reached early on in the process, leaving a much larger amount to a patient in need of compensation. Settlements very often are more beneficial to a victim or a victims family, trying to move on from their tragedy and get on with life.

Medical Malpractice Attorneys in New Jersey and Philadelphia

If you or a family member have recently been the victim of medical negligence, take the time speak with our medical malpractice attorneys 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.

Medical Malpractice Attorneys Win Deceased Man’s Family $2.5 Million Verdict

Lawrence Dixon was only 59 years old when he passed away. His death was due, in part, to his physician’s failure to properly diagnose his condition and recognize that he was suffering hemorrhagic shock. Medical malpractice attorneys witnessed a Maryland jury award the deceased’s family $2.5 million in money damages. Dixon’s estate and his wife were each awarded one million dollars in non-economic damages while each of his two children are set to collect a quarter of a million dollars each. Unfortunately, due to a cap in Maryland on non-economic damages, the award total is likely to be cut all the way down to $812,500.

Two Days after Fracturing His Pelvis, Man Loses Life

new jersey philadelphia medical malpractice attorneys Lawrence Dixon case million verdict On May 17, 2007, Lawrence Dixon fell and fractured his pelvis. David Harding was the doctor assigned to Dixon. It was alleged by the plaintiffs in the lawsuit that, after conducting examinations, Dr. Harding failed to notice internal bleeding which ultimately led to the failure of multiple organs and eventually death. It is argued that there were numerous warning signs that an experienced doctor, such as Harding, should have recognized. Medical malpractice attorneys argued that the victim had not produced urine in over twenty four hours, had a rapidly increased heartbeat, a rapidly decreased blood pressure, and suffered loss of lucidity. Professionals believe that any of these signs should have been a strong warning sign to Harding that something was wrong and it was likely that the patient was losing blood.

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.

Bed Sore Attorneys Advise: It’s All in The Family

Tiffany Duthu, a 35 year-old woman, was found guilty of neglecting her paralyzed mother, Clara. Clara Duthu passed away due to untreated bed sores which soon became infected. Now, the daughter faces up to fifteen years in prison after being convicted of cruelty and negligent homicide. Bed Sore lawyers discovered that Tiffany is the second family member who has been charged in this death already. Her father, Joseph, is currently serving a two year sentence in prison, while another daughter, Tessie Breaux is scheduled to go on trial later in 2011.

Woman Lived in Horrid Conditions Prior to Death

new jersey philadelphia bed sore attorneys family case Tiffany Duthu case Clara Duthu passed away at Leonard J. Chabert Medical Center due to sepsis. Her daughter’s conviction came following a three day trial before District Judge David Arceneaux. When Tiffany’s father was unable to take care of his wife due to his own medical issues, there was a two month span where she failed to provide assistance to her mother. Tiffany had acted as a caregiver in the past but steadily began to provide less help. Lawyers say that Tiffany made a statement to authorities in which she claimed to have neglected her mother as a way to get back at her other siblings who did not help. The judge said “it seems she simply stopped going to her mother’s house, knowing nobody else could change her diapers.” Bed sore attorneys found that Clara’s bed and sheets were covered in urine and feces, a terrible way for a life to come to an end. Bed sores can be caused by many things including bed bugs, getting a mattress protector can help. Here are some bed bug mattress cover reviews on the best protectors.

Bed Sore Attorneys of New Jersey and Philadelphia

If your loved one has recently suffered from a bed sore, you may have questions for our professionals regarding your legal rights. If you suspect that neglect or mistreatment played a factor in the development of a bed sore, Please contact the Mininno Law Office for a free case evaluation. You may also call for a free consultation in New Jersey at (856) 833-0600, or in Philadelphia at (215) 567-2380.

Medical Malpractice Attorneys: Man Sues Doctor for Amputating Penis

Phillip Seaton, a sixty one year old man from Kentucky, went to Dr. John Patterson for a routine circumcision to relieve inflammation. Medical malpractice attorneys say that Seaton is now suing his former doctor after this routine procedure turned into an amputation of his penis. Seaton claims that he never gave the doctor permission to go through with the amputation and he was not given a chance to consult with another doctor for a second opinion. The key question that medical malpractice attorneys believe will be answered in litigation is whether a doctor can remove an organ or a limb if he or she believes it will be life saving.

Doctor Says Amputation was Necessary

Dr. John Patterson’s medical malpractice attorneys will argue that the doctor had to remove the patient’s penis because cancer was discovered during the circumcision procedure. On the other side, Seaton has declared that even if there was cancer, it was not life threatening and the amputation did not need to occur imminently. The jurors will be asked to determine if the doctor’s actions were a “necessary part of the surgery” and whether the doctor “had no reasonable option” other than removing the body part. David Perecman, one of many medical malpractice attorneys chiming in on this issue, stated “the law protects a patient’s right to make his or her own medical decisions. . .The law extends to the right of every patient to be informed of the consequences, risks and alternatives or any surgery or procedure.”

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: Maine Supreme Court Makes Landmark Ruling

Medical malpractice attorneys believe that a recent decision by the Supreme Court of Maine will now, for the first time, allow patients to bring medical malpractice lawsuits that extend beyond the statute of limitations period. This could have a dramatic impact on cases that involve misdiagnosis or treatment by doctors who continue to see patients over a long period of time. Unlike a botched surgery, where the statute of limitations begins running almost immediately, when a doctor negligently diagnoses and treats a patient over a period of time, the limitations period to bring a lawsuit is now extended.

Sustained Medical Negligence in Treatment and Testing Leads to Prostate Cancer

Phillip Baker was a regular patient of his primary care physician Dr. Merrill Farrand Jr. Baker saw this physician for twenty years and he was regularly screened for a prostate specific antigen known as PSA. These tests can reveal risks and evidence of cancer. Baker’s results were high but it took five years of similar results for Farrand to refer Baker to a urologist. Medical malpractice attorneys say that when Baker went to visit the urologist and had a biopsy completed, it was revealed that he had prostate cancer. The biggest disappointment of this revelation was that the most important period of time to treat this cancer was more than three years in the past. Now, because of the Maine Supreme Court ruling, the “Continuing Negligent Treatment Doctrine” will be used and Baker can assert that there was not a single negligent act, but rather this medical malpractice continued between 2002 and 2006. Baker’s medical malpractice attorneys stated,

“the issue that has always lurked in the background is the situation in which a patient is told to have a test, gets that test and for one reason or another the test is abnormal but the doctor doesn’t act on it…That doctor continues to treat the patient for a period of years, seeing the patient each year, seeing the abnormal test each year but continuing not to act on it.”

Medical Malpractice Attorneys in New Jersey and Philadelphia

Nursing Home Neglect: Recognizing the Warning Signs

Today in the United States, there are more than one million elderly individuals living in nursing home establishments. Most families resort to nursing homes because their loved ones require moderate to extensive assistance with basic needs and medical care; care that they can no longer provide. The biggest problem in nursing homes, however, is neglect. These basic needs and medical care that should be provided consistently and in conjunction with a doctor’s orders are neglected, or not carried out correctly. Annually, there are over 20,000 complaints of nursing home neglect, which represents only a fraction of the total instances, as recent data shows that only 1 of 14 nursing home incidents is reported.

Be on the Look Out for Falls, Poor Nutrition, and Bed Sores

Falls: Residents of nursing homes, depending on their conditions, are usually very susceptible to falls. Falls can be very dangerous to an ailing elderly person. Broken hips and ribs and/or head injuries often result from nursing home falls. Residents who are more likely to fall are usually marked with bracelets, citing them as fall risks to the entire nursing home staff. If one of these patients is to fall, it is a clear sign of inadequate supervision or, even worse, no supervision at all. Severe injuries suffered from only a single fall could lead to paralysis or even death.

Poor Nutrition: Nursing homes are required to provide proper fluids and food to residents. When a patient becomes sick from malnutrition, it is most certainly because A.) the nursing home is not providing proper nutrition to the resident, or B.) the nursing home is not providing supplemental nourishment in the case of a resident refusing to eat. Nutrition is first and foremost in a list of needs for a patient, and malnourishment is an unacceptable form of nursing home neglect.

Bed Sores: Bedridden or wheelchair ridden patients are to be rotated every 2 hours to prevent the development of bedsores. Although bed sores are certainly treatable when caught early, neglect of a patient can lead to stage III and stage IV bedsores, which can be extremely painful and quickly fatal. When bed sores progress to levels three and four without proper treatment, it is evident that adequate medical attention is not being provided.

Nursing Home Neglect in New Jersey and Philadelphia

If you believe that a loved one, residing in a nursing home or long term care facility, is receiving negligent, abusive, or inadequate care, it is possible that you have some questions regarding nursing home neglect. Please 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.

Birth Defects Attorneys: Popular Migraine Med Effective but Dangerous

Topamax is a very popular pharmaceutical drug that is used in treating migraines and epilepsy. Although it has been shown to be extremely effective, birth defects attorneys warn that pregnant women should steer clear of its use. Recent studies have reported that use of Topamax during pregnancy has led to an increased chance of babies born with birth defects, such as cleft lip and cleft palate.

Why has Topamax been so Popular in Treating Migraines?

birth defects attorneys in nj and pa Topamax is not like many other migraine medications and this may shed light on its popularity. As opposed to taking the medicine as soon as headache pain begins, Topamax is taken daily which helps avoid migraines all together. Topamax begins limiting the frequency of migraines after only one month. But when women begin to heavily rely on it, a problem may arise. Many studies have shown that Topamax is successful in limiting headaches, but unfortunately, women need to prioritize once they become pregnant. Although headaches can have a devastating effect on daily activities, birth defects attorneys believe that the risk to newborn babies is far worse. Topamax has been widely available in the United States since 1996, but the true dangers of potential birth defects have only recently been realized. Expectant mothers should speak with a medical professional and seek an alternative medication while pregnant to limit the potential of birth defects.

Birth Defects Attorneys in New Jersey and Philadelphia

Many parents who have children born with a cleft lip or cleft palate are often overwhelmed and, in some instances, confused about their legal rights. They are especially confused about whether or not the services of birth defects attorneys would be needed. In some cases, there have been improper actions that may have led to your child’s birth defect and contacting our professionals is beneficial to your family’s physical and financial health. 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 Defect Attorneys: Problems with Hearing

The problems surrounding Topamax have been widely publicized in the recent months. The epilepsy and migraine headache medication has been linked to birth defects, such as cleft lip and cleft palate, when taken by women during pregnancy. Aside from the oral malformation, young babies may also experience a number of other significant health problems in their early years. One of the paramount dangers iS potential hearing problems or total hearing loss in young children. Birth defect attorneys stress the importance of seeking medical assistance as soon as possible.

Hearing Impairment Possible in Children with Cleft Lip and Palate

After a child is born with a cleft lip or cleft palate, physicians often seek to limit the potential threat to the hearing and speech abilities of the baby. Birth defect attorneys say that a tympanostomy tube is usually inserted into the child’s eardrum. This tube is readily used to aerate the middle of the baby’s ear. It is the hope of medical physicians that this will allow the hearing ability of the young child to flourish. Although there are different means by which to help with hearing ability, hearing impairment is very prevalent in children with a cleft palate. This is because the eustachian tubes often can not open properly due to issues with the tensor muscle fibers. When these muscle fibers lack an anchor to open the eustachian tubes, the secretion of fluid is possible. As air in the middle ear begins to be absorbed by the mucous membrane, the negative pressure is unable to be compensated for. The result is secretion of fluid in the middle ear space from the mucous membrane. This middle ear effusion could lead to hearing loss in these young babies. Birth defect attorneys say that medical treatment and consultations at an early age will help the child counteract potentially harmful symptoms later in life.

Birth Defect Attorneys in New Jersey and Philadelphia

If your child was born with a birth defect, such as cleft lip or cleft palate, that you believe is attributable to your use of Topamax during pregnancy, you probably have some questions for a birth defect attorney. 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: Negligent Air Force Medical Staff

Five months following a federal appeals court ruling, which affirmed a lower court’s ruling, the United States government was forced to pay a $7.5 million award. The 9th U.S. Circuit of Appeals in California affirmed the 2008 ruling which awarded Deborah Rutledge and her husband, retired Master Sgt. Thomas Rutledge, damages due to the negligence of Air Force medical staff. Medical malpractice attorneys say that Deborah was left disabled after medical professionals failed to properly diagnose a herniated spinal disk, back in 2004.

Failures to Properly Examine and Provide Treatment Leave Woman Disabled

new jersey philadelphia medical malpractice attorneys deborah rutledge air force staff misdiagnose Deborah Rutledge was experiencing numbness in her groin, legs, and feet when she went in search of medical help at the Andersen Air Force Base clinic in Guam. A doctor’s assistant and a nurse met with Rutledge but failed to conduct proper medical examinations for the numbness the woman experienced. To compound the problem, the medical professionals did not report the case to their supervisors and instead misdiagnosed what Rutledge was suffering from. Lawyers say that the symptoms persisted, even after an emergency operation. Rutledge continues to suffer today from nerve damage.

One of the plaintiff’s medical malpractice attorneys stated, “[t]he Rutledge’s are relieved that this long drawn out process is finally over and that they ultimately received justice from the judicial process.” Robert Keogh continued, “[t]he District Court’s award was eminently fair under all the circumstances presented, and the Ninth Circuit affirmed the reasonableness of the award.