Medical Malpractice Attorneys File Lawsuit for Child’s Death

Medical malpractice attorneys have filed a lawsuit in Nebraska, in the Douglas County District Court, following a case of medical malpractice which led to the death of a two year old. Almariah Izabel Duque was approaching two years of age when her life came to an abrupt end. The young girl was given ten times the recommended dose of heparin as she was undergoing kidney dialysis. We have unfortunately found that this type of tragic occurrence is not uncommon in the medical world today.

Family Seeking Damages for Their Little Girl’s Death

new jersey philadelphia Medical Malpractice Attorneys file lawsuit heparin drug deathThe Duques brought their baby girl to Nebraska for a transplant after she was born with congenital defects. Almariah received a pancreas, liver, and small bowel transplant in late December of 2009. She was discharged from the hospital a few months later but quickly returned as she developed an infection.

The infection caused her kidneys to shut down, requiring her to undergo dialysis. The problem arose when the pump, used to disperse heparin, malfunctioned. The young child was given nearly ten times the proper dose. The mistake was not discovered for five hours and it caused severe bleeding in Almariah’s brain. The young girl passed away two short days later. The parents of the girl have filed a lawsuit seeking money damages for Almariah’s wrongful death, her suffering while she was living, and their emotional distress over losing their young child.

We also believe that the family will challenge the constitutionality of a state law which caps the maximum medical malpractice verdict award at $1.75 million. This issue has been litigated before, and in 2003, four judges left the door open for a challenge of this law because it may infringe on the right to due process.

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 – $2.6 Million Verdict for Plaintiff

Jorge Rosado was awarded a $2.6 million verdict following a short trial. Rosado filed the lawsuit against Dr. Richard Perugini and UMASS Memorial Medical Group. Rosado was scheduled to have a laparoscopic hernia operation in the summer of 2004 when he was twenty one years old. Medical malpractice attorneys say that Mr. Rosado’s serious health issues began after a surgical tack ended up in his small bowel rather than the lining of his stomach during the initial surgery. This medical malpractice forced the young man to undergo eight additional operations over the span of five months, landing him in intensive care with a breathing tube.

Plaintiff is Compensated Following Traumatic Year

Medical Malpractice Attorneys in NJ & PAOver a span of five months of constant medical procedures, Rosado also underwent an ileostomy and suffered with an open abdominal wound. Medical malpractice attorneys , and later a jury, believed that Dr. Perugini should have closely monitored where he placed the tacks during surgery. This manner of careful monitoring would have ensured that the tacks were placed in the lining of the stomach as opposed to the wall of the small bowel. It is also believed that the tack could not have fallen into the wall of the small bowel, as the defense team argued, had it been properly secured during the procedure. Dr. Steven Cohen stated that he believes that Rosado’s “spiraling complications” would have been avoided with proper treatment and care. The medical malpractice attorneys who handled the case believe this verdict was a just result in part due to the life altering complications and the long and extensive recovery period. Rosado is now at risk of continuing bowel obstructions for the rest of his life, which could lead to the need for additional operations. In a 10-2 jury vote, the plaintiff was awarded $2 million for pain and suffering, over $586 thousand for his medical costs, and nearly $18 thousand for loss of earning capacity during the tumultuous months of operations and recovery.

Medical Malpractice Attorneys in New Jersey and Philadelphia

If you or a family member has recently been the victim of medical negligence, it is possible that you would like to speak with 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.

Birth Defect Attorneys – Cleft Lip Leads to Dental Problems

We know that young children who suffer from cleft lip and cleft palate may face dental problems down the road. In particular, children who suffer from birth defects may be at risk for a significantly higher number of cavities due to their cleft lip or cleft palate. Children may also have extra, missing, malformed, or displaced teeth due to this. Birth defect attorneys advise that children who have teeth that require additional attention should seek dental and orthodontic consultations and treatment as soon as possible. Cleft lip and cleft palate can have dramatic ramifications on many parts of a young child’s life and it is important to address oral issues, including those dealing with teeth, as soon as possible.

Alveolar Ridge Defect may Accompany Cleft Palate

new jersey philadelphia Birth Defect Attorneys cleft lip dental problemsMany young children who suffer from a cleft palate may also have a alveolar ridge defect. The alveolus is the upper gum where the teeth are located. Defects in the alveous are not uncommon in young children who suffer from birth defects such as cleft palate. These defects in the upper gum may first displace or rotate the permanent teeth that have grown in. Secondly, in young children, these defects may prevent the adult or permanent teeth from descending and appearing. Finally, we say that this sort of defect may also prevent the alveolar ridge from properly forming. These can develop into serious problems for children and parents should seek dental consultation as soon as possible. Fortunately, we know that these problems are fairly common and can generally be fixed through some form of oral surgery. Following surgery, the young child will be able to show off a beautiful smile without any displacement or rotation of the teeth.

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, it is possible that you have some questions for 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 Sores – Stage 1 and Early Prevention: Free Consultation

We believe that it is essential to notice warning signs of bed sores and pressure ulcers as soon as possible in order to limit potential health issues down the road. Although bed sores are vaguely noticeable on the skin in the early stages, these wounds can quickly intensify and significantly impact the health of individuals. Bed sore attorneys stress the importance of frequently changing positions, especially in hospital beds and wheelchairs, as well as frequent skin examinations to catch bed sores before they develop. The risks are great when dealing with pressure sores and early prevention is the only way to ensure the health of loved ones.

The Beginning Stage of Bed Sores

new jersey philadelphia bed sores lawyers stage one early preventionAs pressure sores begin to develop, the skin will remain intact. This may confuse people into believing that it is simply a skin rash rather than the development of something more severe. People with a lighter complexion will notice that their skin is becoming red. Individuals with darker skin may not notice any significant changes in the coloring of the skin. People will also notice that their skin will not blanch, or briefly lighten, when it is touched or pressure is asserted.

Finally, bed sore attorneys say that the location of the bed sore may bring about many different sensations in patients. The pressure sore could be painful as skin begins to deteriorate. The skin may also begin to feel increasingly firm or soft, which will differ among individuals. The site of the pressure sore may also feel warmer or cooler than the other surrounding skin. All of these different appearances and sensations should be a warning sign that a bed sore is beginning to develop and medical attention is immediately necessary. We firmly believe that this discomfort forces many people to realize that they are not suffering from a normal rash therefore they immediately seek help and hopefully prevent a tragic outcome.

Bed Sore Attorneys in New Jersey and Philadelphia

If you or a loved one has recently suffered from a bed sore due to improper medical care or neglect, it is possible that you would like to speak with a bed sore 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.

Bed Sore Attorneys – CA Lawsuit Shows Typical Medical Center Conduct

Bed Sore AttorneysThe family of Esperanza Garcia has recently filed a complaint in Los Angeles County Superior Court following her death in October, 2010. Garcia’s daughter, Irene, is seeking general and special money damages as compensation for her mother’s pain and suffering, as well as costs and fees associated with the litigation. The complaint alleges that the Los Angeles Medical Center was reckless in their treatment and care of the ill woman. Esperanza was extremely ill when she entered the medical facility but she did not suffer from any bed sores or pressure ulcers at the time she entered the center. The bed sore attorneys said that once the bed sores began developing on the 64 year old woman, the personnel at the center did not report the severity of the ulcers or properly treat them.

Death Resulted Only One Day Following Removal From the Facility

The medical center should have been on notice that the elderly woman was at significant risk to develop bed sores because of the likelihood of skin breakdown. The center failed to follow any means of prevention in order to limit the possibility of bed sores. Not only did Garcia’s open wounds go untreated, she was also forced to continue to lie on them. Even worse, the woman was left uncared for in her own excrement for extended periods of time as the sores intensified. The bed sore attorneys found that rather than show the proper medical records, center officials deliberately covered up the documented pressure sores and attempted to re characterize them as merely a skin rash. Following this neglect, the family removed Garcia from the medical center but her condition had worsened beyond treatment and she passed away only a day later. Bed sore attorneys believe that this type of neglect and failure to understand the seriousness of bed sores is more prevalent than most would believe.

Bed Sore Attorneys in New Jersey and Philadelphia

If you or a family member has recently suffered from pressure ulcers due to neglect or failed treatment, it is possible that you have some questions for bed sore 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: Understanding Damages Due to Negligence

Victims of medical malpractice and negligence should bring a lawsuit as soon as possible because it is very likely that they are entitled to compensation. Medical malpractice attorneys explain that there are many types of potential damages that could be awarded to plaintiffs. Meritorious lawsuits could allow an individual to receive economic and non-economic damages as well as punitive damages, which are generally used to punish an especially egregious action by the defendant. Although people are often entitled to compensation, we worry that many claims fall by the wayside because of specific time limitations in different jurisdictions.

Compensating Plaintiffs for Negligence

new jersey philadelphia Medical Malpractice Attorneys understanding damages negligenceJuries frequently award plaintiffs both economic and non-economic compensatory damages. Medical malpractice attorneys explain economic damages as monies awarded to cover financial losses such as medical expenses, care expenses, and lost wages. Economic damages are frequently used to cover both the past and the future. Individuals who, because of negligence, can no longer work are entitled money damages for the time that they have already missed as well as future absence from their job. Medical malpractice attorneys explain non-economic damages as money that has been assessed for the injury itself. The types of recovery for non-economic damages are somewhat endless. Examples of these damages include psychological and physical harm, loss of enjoyment of life, loss of consortium, emotional distress, and many others. Finally, punitive damages are used to “teach the defendant a lesson,” and they are generally utilized in the case of some sort of wanton or reckless conduct.

Avoiding the Statute of Limitations

Following a medical negligence incident, individuals are afforded only a limited time period in which they can bring a lawsuit. Each jurisdiction generally will have a limitations period specified by statute. These limitations periods may vary depending on the type of malpractice and the state in which the negligence took place. Medical malpractice attorneys urge victims to seek legal assistance as soon as possible in order to avoid being left out in the cold without a legal remedy.

Medical Malpractice Attorneys in New Jersey and Philadelphia

If you or a family member have recently undergone surgery and have been the victim of medical malpractice or negligence, it is possible that you would like to speak with a professional. 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: Proving Medical Negligence

Medical malpractice lawsuits begin with the filing of a complaint with the court in the appropriate jurisdiction. Once the process begins, both sides undertake discovery in an effort to uncover as much relevant information and evidence as possible prior to trial. This information must be shared between the two parties, as to avoid any surprises by the time the case reaches trial. Plaintiffs and defendants are able to negotiate before the trial in an effort to reach a settlement. If no agreement is reached, the parties will be forced to argue their case at trial. Medical malpractice attorneys strongly believe that plaintiffs need to fight for just compensation due to negligence, whether it is through a settlement or trial.

Acquiring Information and Proving the Case

new jersey philadelphia medical malpractice attorneys proving negligenceDuring discovery, each party will conduct interrogatories, depositions, and file many requests for documents, in an effort to get to the bottom of the controversy. The plaintiff is required to prove each and every element of negligence (by a preponderance of evidence in civil court) in order to prevail in his or her medical malpractice claim. The first element is that the defendant (the physician, nurse, or hospital) owed a duty to the patient, such as caring for them or providing treatment.

Medical malpractice attorneys say that the second element of negligence is that the defendant breached his duty of care. When a defendant fails to live up to his duty as a professional caretaker, this duty is breached. Third, a plaintiff must show that the actions of the defendant, through the breach of his duty, directly caused the injury that has been sustained.

Finally, lawyers need to prove the plaintiff’s damages. Even if a doctor, nurse, healthcare provider, or hospital has been negligent (and fulfilled the first three elements), there is no claim without losses. Once the medical malpractice attorneys present and prove the plaintiff’s case, the injured party will be awarded damages from the fact-finder as compensation.

Medical Malpractice Attorneys in New Jersey and Philadelphia

If you have recently undergone surgery and have been the victim of medical malpractice or negligence, it is likely that you may wish to speak with 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 Earn Record Verdict In Connecticut

new jersey philadelphia Medical Malpractice Attorneys earn record verdict connecticutA Connecticut jury rendered what medical malpractice attorneys are calling the largest medical negligence verdict in the state’s history. The lawsuit was filed after Daniel D’Attilo was born with cerebral palsy in 2003. The cerebral palsy developed in the baby due to brain damage caused by a delayed delivery. This verdict is a huge victory for families who have had children injured due to medical malpractice.

Daniel D’Attilo, now eight years of age, has extremely serious cerebral palsy. The young child is unable to walk, eat, or speak and he still suffers from seizures. The plaintiff’s medical malpractice attorney said, “he is profoundly, profoundly disabled and the parents have gone through hell.” Cathy D’Attilo, the mother of Daniel, experienced a significant drop in amniotic fluid during pregnancy but her doctor elected to wait for days before performing a Caesarian section. The medical malpractice attorneys also believe that even after the necessary operation did happen, the doctors failed to conduct it properly.

Medical Malpractice Award is a Strong Win for Malpractice Victims

The damage award was an astronomical $58 million, surpassing the former record. $8 million has been set aside to cover the expected medical expenses of the young child. Medical malpractice attorneys say that the remainder of the award was designated to cover pain and suffering of the family and the child. Daniel’s joyous mother stated “the dollar amount means he will be taken care of, that’s what this means to us.”

Medical Malpractice Attorneys in New Jersey and Philadelphia

If you have recently undergone surgery and believe you have been the victim of medical malpractice or negligence, it is likely that you 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.

Medical Malpractice Attorneys: Possible Negligence Leads to Suicide

Ruth Farrell was a forty one year old librarian from Connecticut who had checked in to a non-profit institution in New Canaan, CT. One week following her arrival, in January 2002, Farrell hanged herself in the Silver Hill Hospital. The hospital has become known for its celebrity clientele, but the estate of the decedent is questioning whether the hospital and her doctor were negligent. Medical malpractice attorneys say that when a physician fails to appreciate the high level of risk of suicide and to plan their treatment accordingly, this negligence is just as significant as more commonly seen cases.

Newspaper Article may have led jurors to unfair prejudice

new jersey philadelphia Medical Malpractice Attorneys negligence leads suicideThe lawsuit, filed by the estate of Ms. Farrell, charged the hospital and Dr. Shander with negligence, but a Superior Court jury found that neither was liable for any form of malpractice. Nearly three years later, the appellate court put a halt on the lower court’s ruling because the trial judge should have asked potential jurors if they had read a New York Times Article before the trial began. The article could have potentially swayed the emotions and prejudices of the jurors which could have led to an unfair influence on the verdict.

The article keyed in on David Kervick, who met Farrell when they were both patients, but had since become set to inherit half of Ms. Farrell’s estate (valued at approximately $500,000). The article made some assertions that Kervick strongly denies but which clearly would have been so inflammatory that they would have made it difficult for the jurors to act as impartial fact finders. Whether or not the article did have an unfair influence on the original trial still leaves open the debate of whether the physician and hospital acted in a negligent manner. The only hope is that Ms. Farrell had been treated properly for her extreme situation and that her life did not come to a premature end due to medical malpractice.

Medical Malpractice Attorneys in New Jersey and Philadelphia

If you or a family member have recently undergone medical treatment but have not been satisfied with the results which you believe may be attributed to negligence, you may want 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 – 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.