Florida Injury Attorney Philip DeBerard, III, Selected as 2013 Top Rated Lawyer

Stuart, FL (PRWEB) February 23, 2013

Philip DeBerard, III, an injury attorney who has provided legal help to South Florida and Treasure Coast residents for more than 30 years, has been recognized as a 2013 Top Rated Lawyer by the Daily Business Review legal newspaper.

According to the Daily Business Review, an ALM Media publication, the honor is in recognition of DeBerard achieving a Martindale-Hubbell AV Preeminent

Majority of Compounding Pharmacies in Massachusetts Fail Surprise Health Inspections: Bisnar Chase Product Defect Lawyer Reacts

Newport Beach, CA (PRWEB) February 09, 2013

Surprise state inspections at 37 specialty pharmacies in Massachusetts show that only four have been complying with industry safety standards. According to a Feb. 6 article in The Boston Globe, the inspected facilities are similar to the Framingham pharmacy that was shut down after a fatal fungal meningitis outbreak that has been blamed for 45 deaths and 700 illnesses nationwide. The article reports that state inspectors found serious violations in 11 compounders prompting the state to temporarily shut down all or part of their operations while 21 others were cited for relatively minor violations.

The Department of Public Health began its inspections in October after New England Compounding Center’s contaminated steroids were linked to a countrywide meningitis outbreak. Patient safety advocates say stricter oversight of the industry is a necessity not only in Massachusetts but nationwide. The report states that many other states do not even require their pharmacies to follow nationally accepted safety guidelines when it comes to injectable and intravenous medications. Compounding pharmacies usually prepare doses and formulations of drugs for individual patients that are not commonly available from drug makers, the article states.

The lack of oversight in this industry is absolutely appalling, said John Bisnar, founder of the Bisnar | Chase personal injury law firm, which represents victims of defective drugs. “It is necessary that other states learn from the tragedy that has happened in Massachusetts and tighten up standards and procedures. To not even have basic safety requirements for medications that are injected into patients’ bodies is absolutely unacceptable.”

It is also deeply disturbing that many of these compounding pharmacies that were inspected had unsanitary conditions, Bisnar said. “Product manufacturers are required to provide items that are safe for their consumers. Whether it is furniture, medical devices, drugs or household appliances, manufacturers have the legal obligation to put on the market, products that are safe for consumers.”

About Bisnar | Chase

The California product liability lawyers of Bisnar | Chase represent victims of defective products such as prescription drugs. The firm has been featured on a number of popular media outlets including Newsweek, Fox, NBC, and ABC and is known for its passionate pursuit of results for their clients. Since 1978, Bisnar | Chase has recovered millions of dollars for victims of defective products.

For more information, please call 800-561-4887 or visit for a free consultation. We are located at 1301 Dove Street #120, Newport Beach, CA 92660.


New Jersey Medical Malpractice Lawyer At Ginarte ODwyer Gonzalez Gallardo & Winograd Calls For Stronger Safeguards After New Surgical Error Study

Newark, NJ (PRWEB) February 02, 2013

Surgeons and other medical practitioners are making too many preventable errors in American hospitals that result in injuries and deaths, Joseph A. Ginarte, a medical malpractice attorney in New York and New Jersey, said today in response to a recently released report on the frequency of surgical errors.

Everyone makes mistakes. But a new study shows that surgeons are making preventable mistakes thousands of times each year, said Ginarte, founder of Ginarte ODwyer Gonzalez Gallardo & Winograd, a medical malpractice and personal injury law firm. Surgeons and the medical profession as a whole must get serious about reducing medical errors to prevent the kind of injuries and deaths that ruin families lives.

Ginarte was referring to a study recently released by Johns Hopkins researchers that estimates surgeons make about 4,000 serious errors, referred to as never events, at least 4,000 times per year — 80,000 between 1990 and 2010. Never events are defined as occurrences for which there is universal professional agreement that they should never happen during surgery. Such events include operating on the wrong body part or leaving surgical tools inside a patients body.

The study, reported online in the journal Surgery, estimates that 39 times each week a doctor in the United States leaves a foreign object, such as a sponge or a towel, inside a patients body after surgery. The wrong procedure is performed on patients 20 times a week, and surgeons operate on the wrong body site 20 times.

This is simply inexcusable, Ginarte said. They are called never events for a reason. The medical community must find out why so many of these mistakes happen and take steps to make sure they do not happen again.

Researchers used the National Practitioner Data Bank (NPDB), a federal repository of medical malpractice claims, to identify malpractice settlements and judgments related to never events. They identified 9,744 paid malpractice judgments and claims over 20 years, with payments totaling $ 1.3 billion. Death occurred in 6.6 percent of these patients, with 32.9 percent experiencing permanent injury and 59.2 percent injured temporarily.

The researchers then used published rates of surgical adverse events resulting in a malpractice claim, estimating that 4,044 surgical never events occur in the United States each year.

One death or one injury from these surgical mistakes is one too many. This is so senseless and preventable, Ginarte said. These statistics are startling, and these are just the ones we know about from this particular study.

Hospitals are required by law to report to the NPDB all never events that result in judgment or settlement. Study leader Marty Makary, M.D., M.P.H., an associate professor of surgery at the Johns Hopkins University School of Medicine, said in a press release that his teams estimates of never events are low because not all items left behind after surgery are discovered. Typically, they are found only when a patient has a surgical complication and efforts are made to find out why, according to Makary.

This shows how important it is for hospitals to make sure safety procedures are tested and followed, Ginarte said. Protocols such as checklists, counting surgical tools and using ink to mark surgery sites seem to be not enough. Hospitals should consider using new technology to make certain these never events truly never happen.

Ginarte encouraged victims of surgical errors to seek counsel from a qualified medical malpractice lawyer like those at his firm. We take medical negligence and malpractice very seriously at our firm, he said. We help victims get what they are entitled to under the law.

About Ginarte ODwyer Gonzalez Gallardo & Winograd, LLP

For more than 30 years, Ginarte ODwyer Gonzalez Gallardo & Winograd, LLP, has served the residents of the New Jersey and New York metro area. In addition to its general practice, the firm assists clients with legal claims arising from car accidents, truck accidents, motorcycle accidents, construction accidents, medical malpractice and other personal injury cases. The firm also represents clients in employment discrimination, Social Security Disability and workers compensation matters. The Ginarte law firm features offices located in New York City, Newark, Elizabeth, Clifton, Union City and Perth Amboy. The firms Newark office is located at 400 Market Street, Newark, NJ 07105 (local phone (973) 854-8400). The firm can assist Spanish-speaking and Portuguese-speaking clients. To learn more, call 1-888-GINARTE or use the firms online contact form.

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Kentucky SSD Lawyer At The Frank Jenkins Law Office Warns That Record Number Of Applications For Disability Benefits Could Increase Delays

Lexington, Ky. (PRWEB) January 19, 2013

Lexington Social Security disability lawyer Frank M. Jenkins III today said that a record number of new applications for federal disability benefits last month could result in longer wait times, underscoring the need for applicants to work with experienced legal advocates.

Investors Business Daily reported that almost 90,000 workers signed up for federal disability benefits in December, marking the biggest monthly increase in the history of the disability benefits program.

With more people hoping to collect SSD benefits, there are likely to be even longer delays in getting claims for benefits reviewed, said Jenkins, founder of The Frank Jenkins Law Office in Lexington, Kentucky.

According to the Investors Business Daily report, economic factors are driving the increase in the number of applications for Social Security disability benefits. With slow economic growth and limited jobs, disabled individuals may be more likely to apply for disability benefits, rather than struggle — and fail — to find employment that is compatible with their disabilities.

It is easy to see why more people are applying for SSD, since disabled individuals need some source of income. This is what the program is there for, and it is a good thing that disabled people have this safety net available, Jenkins said. Unfortunately, more applicants can also create a situation where there are more claims than an already overburdened system can handle. The result is that many people may end up waiting for months to have their applications reviewed.

Jenkins said that this situation makes it even more important for applicants to do everything possible to make sure their applications do not get lost in the shuffle. Individuals seeking Social Security disability benefits must complete comprehensive applications and provide detailed records and information to the Social Security Administration. They must provide information about their work history, their current work status and their medical records. If any information is incomplete, it could result in a denied claim.

Our Kentucky Social Security disability lawyers work with applicants to complete their applications, ensuring that they include every piece of documentation that the SSA needs to review the claim, Jenkins said. We can make sure your application doesnt get delayed because you forgot to include essential details.

SSA statistics indicate that around 70 percent of initial benefits claims are denied. If a claim is denied, applicants have the opportunity to appeal. Appealing is essential because otherwise an applicant will lose the opportunity to receive benefits without starting the entire application process over from the beginning.

SSD claimants have a very limited time to appeal a denied claim, Jenkins said. It is very important to call a disability lawyer right away if your claim has been denied. You need to take action. An appeal is your best chance of getting benefits, and you do not want to miss the deadline.

Jenkins said having experienced legal counsel becomes even more important during an appeal. The appeals process is complex, especially if you have to take your case to a hearing. You need a legal professional to fight for you, to keep things moving and to vigorously pursue your case so you dont end up out in the cold with no benefits, he said.

While the increasing number of applications may make it harder for claimants to recover the SSD benefits they deserve, Jenkins said qualified applicants should not give up. Get the help you need from an experienced Lexington Social Security disability benefits attorney like those at The Frank Jenkins Law Office to ensure that your application gets fair consideration, he said.

About The Frank Jenkins Law Office

Frank M. Jenkins III founded The Frank Jenkins Law Office, based in Lexington, Kentucky, in 1997 with one primary goal in mind: providing legal help to Kentucky residents entitled to Social Security Disability benefits or those who have suffered serious personal injuries because of the fault of others. During the firms 15 years in practice, it has handled Social Security disability matters on behalf of individuals living in metropolitan Lexington and throughout Central and Eastern Kentucky, including Berea, Georgetown, Nicholasville, Richmond, Paris, Versailles, Winchester and nearby communities. The firms disability benefits practice areas include Social Security Disability Insurance (SSDI), Supplemental Security Income (SSI), long-term disability and short-term disability benefits. The firms office is located at 631 East Main Street, Lexington, KY 40508 (local phone (859) 389-9344). To learn more, call 1-800-WORKERS or use the firms online contact form.

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Western N.C. Medical Malpractice Lawyer at the Elmore Law Firm Calls For National Database of Surgical Never Events to Assist Patients and Surgeons

Asheville, NC (PRWEB) January 12, 2013

Western North Carolina medical malpractice lawyer Bruce A. Elmore, Jr., today endorsed a first-of-its-kind study that advocates public reporting of surgical never events, serious medical errors that are considered to be preventable.

Reporting so-called never events would help consumers make better decisions and, we would hope, spur surgeons, surgery teams and hospitals to work harder to reduce errors, said Elmore, whose practice is the Elmore Law Firm, P.A., in Asheville.

Public disclosure is always an effective remedy for errors that grow from the kind of carelessness and negligence that causes a surgeon to leave a sponge in a patients body or to operate on the wrong patient, the veteran health care negligence attorney continued.

Johns Hopkins researchers reported that surgeons in the United States leave a foreign object, such as a sponge or a towel, inside a patients body about 39 times a week, perform the wrong surgical procedure about 20 times a week and operate on the wrong portion of the patients body about 20 times a week.

About 80,000 never events occurred in American hospitals between 1990 and 2010, the researchers said in the online journal Surgery. They added that they believe their estimates are likely on the low side.

Ken Kizer, M.D., former CEO of the National Quality Forum (NQF), coined the term never event in 2001 to refer to egregious medical errors that should never occur, such as wrong-patient surgeries.

Johns Hopkins said in a news release that the report is the first attempt to quantify the national rate of never events. Marty Makary, M.D., M.P.H., an associate professor of surgery at the Johns Hopkins University School of Medicine, led the research team.

Documenting the magnitude of the problem, the researchers say, is an important step in developing better systems to ensure never events live up to their name, the release says.

Makary said better reporting systems for serious surgical errors will speed the development of safety efforts.

A public database of never events, which would provide information to help health care consumers make better-informed choices about where to have their surgical procedures, would also put hospitals under the gun to make things safer, Makary said.

Makarys team used the National Practitioner Data Bank (NPDB), a federal repository of medical malpractice claims, to identify the incidence of never events in the United States. They found 9,744 paid malpractice judgments and claims totaling $ 1.3 billion from 1990 to 2010.

Elmore, whose firm has assisted numerous Western North Carolina residents who were harmed by surgical error and other types of medical malpractice, said available technology would enable the federal government or a group like the American College of Surgeons to develop and maintain a never-event database.

This report is a call for the health care industry to get serious about preventing avoidable medical errors, Elmore said. Every hospital and every practicing surgeon should favor any means of reducing the rate of never events and avoiding the subsequent medical malpractice claims, Elmore said.

Western North Carolina residents who have been injured while under a doctors or hospitals care have rights that a personal injury lawyer experienced with medical negligence cases can protect, he said.

As long as never events, which by definition are preventable, continue to injure surgical patients, the Elmore Law Firm will be ready to stand as advocates for those who have been harmed, Elmore said.

About The Elmore Law Firm

Since its founding in 1976, The Elmore Law Firm has successfully represented individuals and families suffering serious injuries or wrongful death as a result of the negligence of others in car accidents, tractor-trailer accidents, motorcycle accidents and railroad accidents, as well as medical malpractice and nursing home negligence / abuse cases. Based in Asheville, the Elmore Law Firm is committed to helping the citizens of Buncombe County and surrounding communities in Western North Carolina. The firms office is located at 53 N. Market St., Suite 100, Asheville, NC 28801 (local phone 828-253-1492). To learn more, contact the firm by calling 888-358-8734 or by filling out its online form.