Victor Bruscato was assigned to a psychiatrist, Dr. Derek Johnson O’Brien, in 2001. The doctor placed his patient on anti-psychotic drugs which were believed to be helping to manage sexual impulses and certain violent tendencies. Unfortunately, in 2002, Dr. O’Brien elected to discontinue the use of two powerful medications in an effort to rule out the possibility that Bruscato was developing a dangerous syndrome. Medical malpractice attorneys say that the man began having violent nightmares and claimed that he was getting direct orders from the devil to do bad things.
Man Kills Mother, Father Sues Doctor
In August of 2002, Bruscato smashed his mother, Lillian Lynn, in the head with a battery charger and then stabbed her 72 times which resulted in her death. He was charged with murder but due to his psychological state, he was found to be incompetent to stand trial and he was committed to a mental institution. His father, Vito, then sued the doctor for medical malpractice because he believes that his son never should have been taken off of the medication. A judge at the trial court level ruled in favor of the psychiatrist but a divided state Court of Appeals elected to overturn that decision and allowed the case to proceed to trial.
Now, medical malpractice attorneys say that the case is in the hands of the Georgia Supreme Court. This is no easy decision and lawyers and judges have been fighting over this issue for years. The plaintiff argues that the doctor’s negligence, in canceling certain medications, led to the man becoming psychotic and killing his mother and therefore the father should be entitled to damages. On the other hand, the defense believes that there is no way that blame for this woman’s death should be shifted to a doctor. The attorneys fighting for the defendants continued by saying, “a person should not be able to sue for recovery of such a wrongful and immoral act.” It is clear that the actions of Victor Bruscato were wrong and repugnant but the question is, was this outcome foreseeable to the physician who had been treating him for over a year? If these violent tendencies were obvious to the doctor, there was no way that the patient should have been taken off of this medication.
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 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.
The data for this study, which appeared in the Journal of the American Medical Association, examined data gathered between 2003 and 2008: 2.1 million white nursing home residents and 346,808 black nursing home residents were studied. Although the overall number of bed sores has decreased in recent years, black patients still consistently maintained higher rates than white patients. White nursing home residents saw their total rate of bed sores decrease from 11.4 percent to around 9.6 percent in 2008. On the other hand, black nursing home residents saw their bed sore rate drop from 16.8 percent in 2003 to 14.6 percent in 2008, still significantly higher than their white counterparts. Bed sore attorneys say that the highest rates of bed sores in recent years come from black residents who live in nursing homes that have the highest concentrations of African American patients. They say that conversely, the lowest rate was among white nursing home patients who resided in homes with few or no black patients. Bed sores are a major problem in our country today and blacks and whites alike need to be aware of the potential danger that they present.
Nancy Kammerer, 56, of Urbandale, Iowa, alleged that her physicians mistakenly cut part of her pancreas while undertaking the transplant procedure in 2008. Her lawyers said that her pancreas needed to be removed after this mistake, leading Kammerer into a future of medical uncertainty. Kammerer was a special projects manager at Wells Fargo prior to her surgery, a position that she soon had to give up after the alleged medical negligence. Her medical malpractice attorneys said that Kammerer became an insulin dependent diabetic, which added further pain and medical troubles into her life. In her complaint, attorneys alleged that the error was due in part to an inaccurate medical record that was in her file. It is certainly an unfortunate situation, but they say that it is not uncommon. It is important for patients who have been victimized by medical negligence to seek legal advice in order to receive compensation for their potentially sky rocketing bills. Victims often have increased hospital bills, future medical expenses, and extreme pain and suffering, which occurs far too often.
McLean and Dirnberger, the plaintiffs, claim that Eldercare’s neglect led to the extreme pain that was inflicted due to the bed sores. Bed sore attorneys also believe that the plaintiffs will argue that the defendants have violated the Illinois’ Nursing Home Care Act because of their failure to properly recognize and treat a man who was so clearly in need of assistance. The complaint also alleges that the defendants failed to properly care for McLean’s sores, also known as decubitus ulcers, which arose on several parts of the man’s body. Professionals say that there may be a claim because it appears that these employees were not properly caring for the pressure ulcers. They also argue that the defendants may be liable for their failure to properly train staff to adequately monitor patients in need. Although the outcome will be decided by a jury down the road, bed sore attorneys urge victims to seek help from their families or any healthcare provider because these sores can be extremely detrimental to a person’s health.
Manganiello went into Bon Secours Community Hospital in Port Jervis, NY due to low sodium levels. Saline solution should have been infused into the woman slowly because this was a chronic condition. Sadly, this is not what happened. Medical malpractice attorneys say that saline solution was infused very rapidly, raising her sodium levels significantly in only fourteen hours. Following a trial that lasted nearly four weeks, the critical care physician, Dr. Moinuddin Ahmed was found to be sixty percent responsible, while Rose Aumick, the nurse, was found to be responsible for the remaining forty percent. Today, Manganiello lives in Milford, Pennsylvania at a supported living facility. Her family is only able to bring her home on weekends for visits but they hope in the future, thanks to the compensation from the verdict, that they will be able to bring her home permanently and she can receive a high level of care from home.
A brain dysfunction caused Messina to collapse and landed him in and out of hospitals and rehabilitation centers beginning in late August of 2006. Several days after his admission into the hospital, he was diagnosed with bedsores. He began to develop the bedsores at SIUH and Golden Gate Rehabilitation and Health Care Center. Professionals say that Messina’s bed sores worsened until ulcers were developed on his mouth, buttocks, ankles, and genitals. Many of these bed sores had healed by the time he entered Golden Gate Rehabilitation Center. Various health problems sent Messina back and forth between the hospital and the rehab center over the next year. He can no longer walk due to a dislocated hip and he is unable to receive a replacement because of the infection which was caused by the bedsores. The New York Supreme Court jury assigned to this case found SIUH 75% responsible for the developments and complications of the bedsores. Bed sore attorneys say that this means that the hospital is liable for $4 million of the total awarded to Messina.
A man fell at the health care center but did not receive proper treatment which led to his death. The report issued by the Department of Health Facility Complaints office stated that the man had a “large hematoma, approximately four centimeters by three centimeters, on his left forehead.” The man was not examined until thirty minutes after he sustained the injury and no vital signs or neurological tests were administered in the hours following the accident. Four hours after the fall, when the proper tests were finally conducted, the man’s vital signs were anything but stable and he was no longer responsive. He was then transferred to the hospital and died a mere two days after the initial accident. The death certificate stated that the death was caused by a massive intracranial hemorrhage. Nursing home neglect is far more prevalent than should be the case and it is essential that in the event of abuse or mistreatment, the proper authorities are notified as soon as possible.
With both parties meeting with an honest and neutral party, the judge, it is easier to get a true hold on how the parties can meet in the middle, at a fair amount of damages. We believe this process will probably result in somewhat smaller awards for plaintiffs but it will be paid far earlier than waiting for a verdict. Trials can drag on for years and years, this process should allow the parties to reach an agreement after only months. This will allow plaintiffs to get money much sooner, which in many cases is necessary as bills begin to stack up. Michelle M. Mello, a Harvard professor, said that “ordinarily when the parties come to a settlement conference, it’s late in the game.” This will no longer be the case with the success of judge-directed negotiations. The approach has been limited to New York City courts thus far but it is expected to spread rapidly due to its apparent success.
The woman’s troubles began in early June, 2010. On June 8th, the resident fell two times causing significant injuries. First, she fell directly out of her wheelchair, causing her to knock her head against the ground. The woman sustained injuries just above her right eye. Later that same day, the resident fell once again out of her chair onto the floor of a lounge area at the care center. Employees should have been aware of the potential for falls because this woman suffered from advanced dementia and this should have been apparent to her caretakers. Less than one month later, on July 5th, an employee did not know how to use a Divided-leg Sling which was attached to a mechanical lift. This lack of understanding led to yet another fall. This led to the development of a significant sized bump on the back of her head. An investigator for the state was able to substantiate these claims of nursing home neglect when he visited the Lutheran Care Center in September of 2010. Nursing home neglect is a growing problem across the map and it is crucial that these problems be reported as soon as possible in an effort to sustain the health of patients and residents everywhere.
Since the plaintiff is the party bringing the lawsuit, the patient, and his or her medical malpractice attorneys, bear the burden of proving all of the necessary elements of the case by a preponderance of evidence (also known as the “more likely than not” standard). There are four key elements involved in a medical malpractice lawsuit.