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Medical Malpractice

8/14/2008
Oguz Ozdemir
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Navigation System in Car Causes Trouble

Advanced technology has taken hold of our world, turned it upside down, and inside out. With all of the new technologies streaming through our nation, in it no wonder why the United States is one of the most technologically advanced countries in the world. The advances and efficiencies that have come about from new inventions, theories, modifications, and plans have allowed some of the most effective devices to be used by the public. What I am talking about is specifically is navigation system that are used in cars by the driver. When a driver is playing with the address or whatever on the Navigation screen, they are diverting their eyes away from the road and on the device.

Yes, Navigation systems can help decrease the amount of auto accidents when programmed correctly for they can avoid drivers from not knowing where they are going and thus making them able to drive more carefully. However when drivers use navigation systems as they are driving they are susceptible to causing an accident. Auto accidents are the number one killer of teenagers ranging in ages from sixteen to nineteen. Navigation systems have been the subject in a number of wrongful death cases due to the negligence of the driver operating the system. Since the driver did not carry out their duty of care to the other passengers in the car, as well as the other drivers on the road, the driver might be liable.

Wrongful death cases involve situations where someone or something fails to act in a responsible manner that causes a fatality. In these types of situations it can be very painful to think of anything other than how and why did this happen. It is very important for people to take the proper precautions when operating a very dangerous machine, such as an automobile. Even though technology has lent a helping hand to so many different areas in our world, some of these advances have been at the expense of people’s lives. Some people may argue that technology can take some causality so long as it betters the most people with the most amount of good. However, when someone’s life is involved I believe that this theory does not hold true.

Navigation systems in cars that are operated by the driver when driving have proven to be very dangerous to the lives of themselves and others on the road. Officials have suggested that the use of navigation systems by the driver while driving be illegal, much like the cell phone law in many states. This would help drivers to keep their eyes focused on the road and where they are going at all times. It would be okay, for the driver to still use the device however it would have to be programmed while the car was turned in the off position. Wrongful deaths due to auto accidents that are caused by futzing around with the navigation system is something that should be taken up with an attorney. Napoli Bern Ripka LLP has a legal team devoted to working with wrongful death cases and are willing and able to discuss your case.

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8/11/2008
Paul Napoli
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Medical Malpractice

Medical malpractice can become a very controversial issue if pursed in a certain direction. When kids are growing up they say they want to be an astronaut or a ninja but their parents chime in, “little Johnny is going to become a doctor or lawyer, isn’t that right.” Doctors are thought as the crème of the crop, the cat’s meow, and any other ridiculous metaphor for the big cheese you can think of. Doctor’s represent the top of the class and are thought of as healers, fixers, and miracle workers. However, what happens when they make a mistake causing serious injury or death to their patients. Are doctors still looked up to and idolized now? I don’t think so.

People are engaged in a dilemma that poses the following question trust the once trusted, or trust the proof. All of this time a person has put complete trust in their doctor revealing things that not even their spouses knows. However when a doctor breaks this trust it is hard for a patient to completely abandon them. In instances of medical malpractice sometimes patients that were harmed look the other way. People do this for a couple of reasons one being that they don’t want the person they have been seeing for years to get into trouble. I know this sounds wacky, but it is completely legitimate. People have put so much trust in their doctors that when it is broken they don’t want to realize that they might have made a mistake. Therefore a patient will not hire a malpractice attorney, will not file a lawsuit, and will not gain compensation that their doctor caused them.

When a trusted doctor commits medical malpractice another reason why a patient will not contact a malpractice attorney to file a claim is because they think it is their fault. This happens a lot because a patient thinks it is there body and therefore their fault. However this is false thinking because even though it is their body, the doctor has a duty of care to their patient. This duty of care includes coming up with the best treatment plan and performing it to the best of their abilities. When a doctor fails to live up to his or her end of the agreement it is their responsibility to face the consequences. This is when a malpractice attorney needs to be called by the patient so that they can litigate for proper compensation.

Patients also will think that suing their doctor will cause the community to look down on them. The same doctor that committed the medical malpractice against you has also been seeing others in your community. Therefore, if you file a lawsuit against both your and their doctor, it could cause problems for others as well. Whether it is having to get another doctor, or realizing that the doctor they trusted is not what he or she lived up to be. This could also be a good thing because people in your community might realize that the same doctor, who committed medical malpractice against you, also committed medical malpractice against them. Therefore the members in your community will more likely benefit from you filing a suit then from letting it go.

If you or a loved one has suffered medical malpractice contact Napoli Bern Ripka LLP to have your case looked at to see if you are legible to receive compensation. Napoli Bern Ripka has an experienced legal team ready and willing to take your case to the next level.

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7/31/2008
Oguz Ozdemir
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Medical Malpractice: Decrease In Insurance Rates

Over the past year we have been seeing an increase in gas, oil, and medical malpractice insurance. However, the latter may be seeing a trend in the opposite direction. ProMutual Group of Pennsylvania announced that there would be a decrease in it rates. An approximate 6% decrease has been issued to individual practitioners and surgeons. This drop in the rate applies to the base rate, which is constant throughout their medical industry that will be applied as of the first of July for both renewed and existing policies.
A six percent decrease in insurance prices is a big weight taken of the camel’s back, to say it one way. Doctor’s were really struggling to the high price of insurance premiums forcing them rethink about their future in the medical industry. Many doctors in retirement age were retiring early due to the increased costs. Other doctor’s were even quitting the business altogether. I heard about a doctor who recently quit has practice to become a blogger on the web. The wacky thing about this is that he claimed that he made more money than blogging due to the low overhead. The medical industry was panicking, to say the least.

Although insurance premiums had been high, it was deserved. The premiums were so high because medical malpractice was high as well. When doctors, nurses, and other medical professionals do not do their job correctly, it correlates directly to a negative impact on their patients. And this is something that the medical insurance companies could not rely on. The high cost of their premiums was at the fault of those needing it on a daily basis, the medical professionals. Since the rate of medical malpractice was so high, so would be true of medical insurance. However, there is some light at the end of the tunnel. Medical malpractice has seen a decreasing rate in medical insurance, because it has also seen a decrease in medical malpractice. This issue makes sense because it is based on a direct correlation. If practitioners in other states want to see a decrease in their medical insurance, then they have to maintain a safer office with less occurrences of medical malpractice.

One way to decrease the amount of medical malpractice is to not crawl on your hands and knees to large pharmaceutical companies. Although by no means does this apply to every company, pharmaceutical companies push high costing drugs to doctors while offering them generous incentives and perks. This is a sure way for doctors to be tempting these high costing drugs to patients that might not necessarily need it. The bad thing is that being prescribed medication that you might not need can cause harmful side effects and worsen your current condition. However, a decrease in the rate of medical malpractice insurance in Pennsylvania is a good thing. We hope to see an increase of decreased rates in other stated in the near future.

The decrease of medical malpractice shows that we are starting a necessary trend that needs to be kept up. Medical Malpractice cases are generally quite complex in which consulting a medical malpractice lawyer could help you tremendously. Contact Napoli Bern Ripka, for they have the knowledge and expertise to deal with medical giants. We will evaluate your situation, recommend the actions to take, and help you obtain the compensation you need and deserve. We will also help you make a difference for future patients.

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7/29/2008
Paul Napoli
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Wrongful Deaths Chalked up to Prescription Drug Use

Many deaths have been attributed to taking medication that end up causing more harm then good. A multitude of drugs used in surgeries, procedures, and those taken on a daily basis have affected the lives of our family and friends. Influence from the pharmaceutical companies on doctors, nurses, and medical institutions play such a big role in deterring what kind of drug you are administered, its ridiculous. Incentives such as lavish meals, vacations, and other types of luxurious are handed to medical professionals to makes sure that they prescribe certain drugs. These “certain drugs’ cost the consumer and arm and a leg, and they pay it because they trust their doctors. The other half of the time patients have no idea what kind o drug they are administered, such as in surgeries. This leads us to the example of a drug called Trasylol that was predominately used in heart surgeries.

Heart bypass surgeries done from the mid 90’s till 2007 used Trasylol to control bleeding among its patients undergoing the procedure. Trasylol was relatively expensive and was used in over 200,000 surgeries. However, it was found that Trasylol was linked to kidney failure, heart problems, and strokes resulting in death. The most concerning part of this whole ordeal is that Bayer Pharmaceuticals, the manufacturer of Trasylol, did their own study which proved that these negative side effects were linked to the use of Trasylol. The horrendous part is that Bayer did not give this information to the FDA in one of their meetings. Therefore Bayer could have stopped thousands of people from using their product; they could have saved thousands of lives. It was also found that using Trasylol increased the likelihood to 50% that the patient would die in five years following the use of Trasylol than if the patient used another comparative drug. Another issue with Trasylol is that it costs $1300 per dosage compared to $45 per dosage of another comparative drug. Not only is Bayer increasing patient’s risk of death by 50%, but they are also emptying their wallets. Wouldn’t you rather have a 50% less risk of dying and $1,255 in your pocket, than the alternative? Yes? I thought so.

It is estimated that over 20,000 deaths could have been avoided if Trasylol was not administered in heart bypass surgeries. Also if you do the math, $25,100,000 would have stayed in the hands of individuals instead of going to the pharmaceutical giant, Bayer. Maybe this lack of $25 mill is something that has contributed to our depleting economy. If the $25 mill was in our pockets today, it would give us a good start to salvaging our economy. So that is exactly what we intend to do. Wrongful death lawsuits due to many different pharmaceutical drugs are becoming prevalent all over the nation, in which people are taking a stand that we will not be victims of this drug and this pharmaceutical company.

If any of your family members have taken a drug that was prescribed by a doctor or medical professional that ended up dying because of it, our wrongful death law firm can determine whether you have grounds to file a wrongful death claim against the negligent party. At Napoli Bern Ripka, our wrongful death attorneys have the resources and the eagerness to litigate wrongful death cases. Our firm’s experienced attorney’s have the expertise to find out what happened, how it happened, and how it could have been prevented.

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7/19/2008
Oguz Ozdemir
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New York Hospital Being Sued Over Death of Jamaican

The family of a Jamaican woman who died after being left unattended on the floor of the psychiatric ward at Kings County Hospital Centre (KCHC) in Brooklyn has slapped the public-run hospital and the City of New York with a $25-million lawsuit.
Tecia Harrison, the eldest child of the deceased, Esmin Green, filed the wrongful death notice yesterday. She is being represented by civil rights attorney Sandford Rubenstein. In an interview at his downtown Brooklyn law office yesterday, Rubenstein said what was important to Green's family was getting justice for their loved one.
Negligence obviously occurred in the New York hospital, which lead to the death of the Green. Whoever was responsible for the acts of neglect, as well as the acts of cover-up, should be held criminally liable under our system of justice, said Rubenstein. "What's important is that they get change, so that what happened to their mom never happens again to anyone else."He said while it had taken Green's tragic death to bring some much-needed reform at Kings County, this was only the beginning.
The family's lawsuit comes even as the Brooklyn District Attorney's Office and the City Department of Investigations continue their probes into allegations that hospital staffers changed Esmin Green's medical chart after she died. The medical record indicates that the sick woman was sitting quietly in the waiting room at 6:20 a.m. on June 19, the day she died. The security camera recording activities in the waiting room contradicted this claim, showing that Green had long fallen off her chair and was still lying on the floor at 6:20 a.m., finally receiving attention some-20 minutes later.
"It's clear from the timeline that exists that records were falsified with regard to what happened," Rubenstein noted. Harrison, Green's 31-year-old daughter, at first said she would not view the tape showing her mother's final moments, but yesterday looked at snippets of it at her lawyer's office. "I had to see what my mother went through, although I couldn't face all of it," she told The Gleaner. "It was heartbreaking, horrifying. A piece of me died when I saw my mother fall on the floor," she added.Green's body has been flown home to Jamaica, where the funeral will take place on Sunday at Point Hill, St Catherine.
If any of your family members had an accident or incident that was caused by the negligence, malicious intent, or carelessness of another party, our wrongful death law firm can determine whether you have grounds to file a wrongful death claim against the negligent party. At Napoli Bern Ripka, our wrongful death attorneys have the resources and the eagerness to litigate wrongful death cases. Our firm’s experienced attorney’s have the expertise to find out what happened, how it happened, and how it could have been prevented
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7/11/2008
Paul Napoli
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Medical Malpractice NY Case: Women Awarded $17 Million

Brenda Schenk, a resident of Henrietta New York, was awarded $17 million in damages for past and future injuries, pain, and suffering. This incident unfortunately happened as Schenk was anticipating the birth of her child. Strong Memorial Hospital was deemed liable for medical malpractice involving the poor decision making regarding Schenk. Schenk had a kidney and pancreas transplant in 1995 for her type 1 diabetes treatment. Once Schenk gained control of her treatment, she got pregnant in 2003 with the go ahead from doctors. This was the fatal mistake that cost the hospital $17 million in damages and their reputation of practicing medical malpractice. The medical malpractice suit alleged doctors failed to plan properly for her pregnancy and neglected to notice that they had cut the connection between her pancreas and bladder during a Caesarean delivery, causing pancreatic fluid and urine to leak into her abdominal cavity.

After the C-Section, corrosive fluid burned Schenk's organs, ate through her abdominal wall, and required doctors to remove her pancreas. After the birth of her child, Schenk under went 7 surgeries to remove dead tissue, drain infections, and repair her abdomen. Schenk’s attorney stated that, “her diabetes has worsened and that because of the damaged abdominal wall, she cannot undergo another pancreas transplant or — if her kidney fails — another kidney transplant. She also uses several pain medications and has trouble moving.”

Strong Memorial Hospital representatives were not pleased in the verdict and their intentions to appeal. A Strong Memorial Hospital official said: "We deeply regret the complications suffered by Mrs. Schenk, yet given what the medical team knew at the time of her delivery, we stand behind the decisions that were made." The actions of Strong Memorial Hospital are following suit of other hospitals that are taking responsibility for their actions. Even though they are not thrilled to be paying that sum amount of money, it is a good sign that they are not going to appeal the decision. There is no reason to put any more stress and heartache on the Schenk family, for they have undergone their fair share.

In a case like this it is important for all involved to use the situation as a learning device. Even though the outcome of the situation is not pleasant from either side, using the mistakes to gain further knowledge is something that must be achieved. Isn’t that what we were told when we were young to learn from our mistakes. However, it is never a good situation when this learning happens at the expense of someone else’s health. Allowing the pressure of insurance companies to influence decision making, doctors are increasingly making more misdiagnoses and medical errors.

If you or a loved one has been harmed by a medical error contact a malpractice lawyer at Napoli, Bern, Ripka. With 60 years of experience, Napoli Bern Ripka has the knowledge and expertise to deal with medical giants. We will evaluate your situation, recommend the actions to take, and help you obtain the compensation you need and deserve. We will also help you make a difference for future patients.

For the full article on Medical Malpractice click here

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7/1/2008
Paul Napoli
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Medical Malpractice: Doctors Confront Patients with an “I’m Sorry”

In Chicago, what seemed to be a normal C-Section Procedure on Marina Del Rosario Valdez turned out to be just the opposite. When performing the surgery, Dr. Tapas K. Das Gupta mistakenly left an electrode inside the Chicago native. Gupta had no past instances of any type of medical malpractice, so he did what he thought anyone who made a mistake would do, apologize. Dr. Tapas K. Das Gupta wasted no time in admitting his fault to Valdez, in which the hospital quickly acknowledge the mistake and arranged for its removal free of charge in a timely matter.

Medical Malpractice is becoming more of an issue these days due to pharmaceutical giants & insurance corporations trying to increase efficiency at every end of the industry. An article in the NYtimes says, "For decades, malpractice lawyers and insurers have counseled doctors and hospitals to "deny and defend." Many still warn clients that any admission of fault, or even expression of regret, is likely to invite litigation and imperil careers." Pharmaceutical companies pushing new drugs down doctors throats, makes them more susceptible to misdiagnose. Misdiagnoses will lead to patients demanding actions against medical errors drawing in lengthy legal processes. Therefore hospitals and medical centers will take the disarming approach.

By admitting faults and mistakes in a timely manner while offering sincere apologies, hospitals are trying to diffuse the patient’s anger which usually is the fuel that fires litigation and lawsuits. Malpractice lawyers are saying that the urge to go forward with medical malpractice litigation stems from doctors and hospitals using the defend and deny approach. Patients are not only concerned about their own safety, but they do not want it to happen to others in the future.

At the University of Michigan Health System, one of the first to experiment with full disclosure, existing claims and lawsuits dropped to 83 in August 2007 from 262 in August 2001, said Richard C. Boothman, the medical center’s chief risk officer. This proves that coming clean benefits both sides of the confrontation. "Improving patient safety and patient communication is more likely to cure the malpractice crisis than defensiveness and denial," Mr. Boothman said.

Recent studies have found that one of every 100 hospital patients suffers negligent treatment, and that as many as 98,000 die each year as a result. But studies also show that as few as 30 percent of medical errors are disclosed to patients. –

Source NYtimes article

If you or a loved one has been harmed by a medical error contact a malpractice lawyer at Napoli, Bern, Ripka. We will evaluate your situation, recommend the actions to take, and help you obtain the compensation you need and deserve. We will also help you make a difference for future patients

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6/18/2008
Paul Napoli
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Medical Malpractice

The increasing rate of prescription drug use among today’s society calls for a closer look into what doctors are prescribing. Drug counselors across the nation are hearing more stories about teenage pill popping parties. Mixing prescription drugs can cause for many visits to the emergency room. The reason for the popularity in this type of drug use is because it is easy to obtain and is a more socially acceptable way of getting high than taking street drugs. The increasing availability to obtain these prescription drugs is a big reason for their abuse.

Trying to reduce the amount of prescription drugs on the black market, authorities have tried to shutdown “pill mills”, where doctors prescribe inordinate amounts of narcotics. These doctors are prescribing people with a large amount of certain drugs that tend to make users dependent on the drug. The FDA and other anti-drug officials have noted that they did not expect to see such an escalation in the use of prescription drugs. This is in part due to the fact that most government programs are focused on marijuana, tobacco, alcohol, and methamphetamine use.

Pharmaceutical companies around the globe are giving incentives to doctors who prescribe patients with their drug. In many cases these drugs may do more harm than good and can cost patients an arm and a leg. In such cases it pays to have an attorney experienced in medical malpractice cases. Napoli, Bern, Ripka (New York based personal injury attorneys) have quality experience in dealing with medical malpractice lawsuits. Allowing the pressure of insurance companies to influence decision making, doctors are increasingly making more misdiagnoses and medical errors.

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Napoli Bern Ripka, LLP Blog

Medical Malpractice

Navigation System in Car Causes Trouble

Medical Malpractice

Medical Malpractice: Decrease In Insurance Rates

Wrongful Deaths Chalked up to Prescription Drug Use

New York Hospital Being Sued Over Death of Jamaican

Medical Malpractice NY Case: Women Awarded $17 Million

Medical Malpractice: Doctors Confront Patients with an “I’m Sorry”

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