Category: Medical Malpractice

Financial exploitation of seniors in nursing homes and assisted living facilities is a pervasive and often hidden form of elder abuse. When someone exploits a resident’s finances — whether through theft, coercion, or unauthorized use of funds — the emotional and economic impact can be profound. Because this type of abuse doesn’t leave visible scars, families must remain vigilant and informed.

What Is Financial Exploitation?

Financial exploitation occurs when someone improperly uses or steals a resident’s money, assets, or property for personal gain. This abuse can be committed by caregivers, facility staff, other residents, or even trusted family members or agents with financial authority.

Common Red Flags Families Should Watch For

Recognizing financial abuse early can protect your loved one’s security and dignity. Key warning signs include:

• Unexplained Financial Activity: Large or frequent withdrawals, unfamiliar transactions, or bills showing payments to unknown individuals.

• Sudden Document Changes: Unexpected changes to wills, trusts, powers of attorney, or beneficiary designations.

• Missing Funds or Items: Cash, jewelry, valuable items, or personal documents that cannot be accounted for.

• Unpaid Bills Despite Adequate Funds: Notices for overdue bills or utilities when the resident should have sufficient funds.

• Isolation From Family: A caregiver or facility restricting access to the resident, especially around financial discussions.

• Pressure or Secretive Behavior: A resident who appears uneasy talking about money or is pressured to sign documents.

Why Seniors in Care Are Vulnerable

Older adults in long-term care settings may have diminished cognitive capacity or rely on staff and others to help manage finances. This creates opportunities for exploitation, particularly in understaffed facilities with lax oversight.

What Families Should Do Next

If you suspect financial exploitation:

1. Document Everything – Keep detailed records of transactions, statements, and any observed changes.

2. Report to Authorities – Contact Adult Protective Services (APS), local law enforcement, and, when applicable, the Long-Term Care Ombudsman.

3. Consult an Attorney – A lawyer experienced in elder abuse and financial exploitation can help protect assets, pursue civil remedies, and hold responsible parties accountable.

4. Speak With the Facility – Report concerns to the facility administrator and request written documentation of your complaint.

5. Protect Future Financial Decisions – Review powers of attorney and financial authorizations; consider trusted professional oversight if needed.

Legal Options for Victims

Financial exploitation isn’t just unethical — in many states, it’s unlawful. Victims and their families may be entitled to compensation for stolen funds, breached fiduciary duties, and other harms. Legal claims can be brought against individuals, caregivers, and facilities that fail to prevent or actively engage in financial abuse.

Financial exploitation in nursing homes and assisted living settings can devastate a family’s financial security and the emotional well-being of a loved one. Awareness, vigilance, and prompt action are key. If you notice signs of potential abuse, don’t wait — get support, seek legal guidance, and protect your loved one’s rights and assets.

When a medical device fails, the consequences can be devastating. Devices intended to save lives and improve health can sometimes cause serious injury — even death — due to defects in design, manufacturing, or labeling. While FDA approval is meant to ensure safety, it doesn’t guarantee that a device won’t cause harm once it’s in widespread use.

Understanding Medical Device Recalls
The U.S. Food & Drug Administration (FDA) classifies medical device recalls by risk level. A Class I recall indicates a reasonable probability of serious injury or death, while Class II and III recalls indicate lesser risks but still serious concerns. Recalls can be voluntary by manufacturers or mandated by the FDA.

Why Devices Fail
Medical device failures stem from issues such as:

• Defective design — flaws built into the product from the beginning 
• Manufacturing defects — problems that occur during production 
• Failure to warn or inadequate instructions — leaving patients unaware of risks 
• Misleading marketing or claims 

Notable Examples of Medical Device Litigation
Recent high-profile cases show the broad scale and impact of defective device litigation. For example:

• Sleep apnea machines: A multinational company agreed to pay over $1.1 billion to resolve lawsuits over recalled respirators that could emit harmful debris into patients’ airways. 
• Knee, hip, and shoulder implants: A major implant-maker filed for bankruptcy amid thousands of injury lawsuits after a voluntary recall related to defective packaging. 
• Hernia mesh litigation: Manufacturers have settled tens of thousands of claims alleging harm from defective mesh products. 

These cases highlight both the legal complexity and potential compensation available when patients are harmed by defective medical devices.

Your Legal Rights After a Defective Device Injury
Even if a device has been recalled, injured patients may still have legal options. A recall does not automatically bar you from filing a lawsuit — it often strengthens your case for compensation for medical bills, lost earnings, and pain and suffering.

What Should Injured Patients Do Next?
If you believe a medical device caused harm:

1. Seek Medical Attention Immediately — Your health comes first. Document injuries and treatment. 
2. Preserve Evidence — Save the device, packaging, manuals, and any recall notices. 
3. Document Everything — Take photos of injuries, gather medical records, and keep detailed notes. 
4. Contact an Experienced Attorney Right Away — Time limits (statutes of limitations) vary by state. Consult a firm experienced in defective device litigation as soon as possible to protect your rights. 

Medical devices play a critical role in modern health care — but when they fail, the legal system exists to hold manufacturers accountable. If you or a loved one has suffered injury from a device that was recalled, failed, or caused unexpected harm, you deserve full compensation for your losses. Contact an experienced product liability attorney to explore your options.

Before any medical procedure, patients have the right to be fully informed about the risks, benefits, and alternatives involved. Known as “informed consent,” this principle is fundamental in healthcare. When informed consent isn’t obtained, patients may have grounds for legal action if harm occurs.

What Informed Consent Means

Informed consent involves a transparent process where healthcare providers explain the treatment or procedure, addressing:

• Details of the Procedure: Why it’s recommended and what it entails.
• Risks and Benefits: Including possible side effects or outcomes.
• Alternatives: Other treatment options, including the choice to decline the procedure.

When Informed Consent is Not Provided

If informed consent is neglected, patients may undergo treatments with unexpected risks, leading to physical or emotional trauma. This can constitute medical malpractice, especially if a patient suffers harm due to undisclosed risks.

Steps to Take if You Believe Consent Wasn’t Properly Obtained

If you were not fully informed before a procedure:

1. Gather Documentation: Keep records of any conversations, written materials, or pre-procedure notes.
2. Seek Legal Advice: An attorney can help determine if your rights were violated.

Informed consent is a vital part of patient care, ensuring individuals can make educated health decisions. If you believe your rights to informed consent were not honored, Cooper Schall & Levy, P.C. is here to assist. Contact us today to learn more about your rights and pursue any legal remedies available.

Emergency rooms are high-pressure environments where quick, accurate diagnoses are critical. Unfortunately, diagnostic errors can occur, leading to serious complications for patients. Understanding the types of errors and legal rights is essential if you or a loved one has been affected.

Common Diagnostic Errors in Emergency Rooms

Some frequent types of diagnostic errors include:

• Missed Diagnoses: Symptoms are overlooked, leading to missed diagnoses for conditions like heart attacks or strokes.
• Delayed Diagnoses: Late diagnoses can result in severe health complications.
• Incorrect Diagnoses: Misinterpretation of symptoms can lead to incorrect treatments.

Consequences of Diagnostic Errors

The results of diagnostic errors can be devastating, leading to prolonged suffering, increased medical costs, or even fatal outcomes. In time-sensitive cases like sepsis, incorrect or delayed diagnoses may drastically reduce a patient’s chance of recovery.

Legal Options for Patients Affected by Diagnostic Errors

If you believe a diagnostic error harmed you, a legal claim may be possible. Key elements of a claim include:

• Medical Records: Detailed notes on symptoms, treatments, and consultations.
• Expert Testimony: Medical experts may testify to establish if the standard of care was breached.
• Documentation of Symptoms: Evidence that symptoms were present but disregarded or misinterpreted.

Diagnostic errors in emergency rooms can cause serious harm, with potentially lasting effects. If you’ve suffered due to a diagnostic error, it’s crucial to understand your rights. At Cooper Schall & Levy, P.C., our attorneys are experienced in medical malpractice cases and dedicated to helping patients seek justice. Contact us today to discuss your options.

Prescription drug errors can have devastating consequences, and proving negligence is a crucial step in seeking justice. This involves identifying how the error occurred and who is responsible, whether it’s the prescribing physician, the pharmacist, or the healthcare facility.

Identifying Prescription Drug Errors

Prescription drug errors can occur at various stages:

• Prescription: Incorrect medication or dosage prescribed by the physician.
• Dispensation: Pharmacist provides the wrong medication or incorrect dosage.
• Administration: Errors in giving the medication to the patient, either in a hospital or home setting.

Proving Negligence

To prove negligence in prescription drug errors, several key elements must be demonstrated:

1. Duty of Care: Establish that the healthcare provider or pharmacist owed a duty of care to the patient.
2. Breach of Duty: Show that this duty was breached through actions such as prescribing the wrong medication or failing to check for drug interactions.
3. Causation: Prove that the breach of duty directly caused harm to the patient.
4. Damages: Demonstrate that the patient suffered actual damages, such as medical expenses, pain and suffering, or lost wages.

Roles of Pharmacists and Physicians

Both pharmacists and physicians play critical roles in ensuring patient safety:

• Physicians: Must accurately diagnose and prescribe the appropriate medication, considering patient history and potential drug interactions.
• Pharmacists: Are responsible for verifying prescriptions, providing the correct medication and dosage, and educating patients about how to take their medication safely.

Evidence to Support Claims

Gathering strong evidence is crucial in prescription drug error cases:

• Medical Records: Detailed documentation of the prescribed medication and any subsequent errors.
• Pharmacy Logs: Records from the pharmacy showing the dispensation of the medication.
• Expert Testimonies: Insights from medical experts on how the standard of care was breached and the resulting harm.
• Patient Statements: Accounts from the patient and family members about the effects of the error.

Conclusion

Prescription drug errors can have serious and lasting effects on patients. Proving negligence involves a thorough understanding of the legal standards and the roles of healthcare providers.

At Cooper Schall & Levy, P.C. our experienced attorneys are dedicated to helping victims of prescription drug errors seek justice. Contact us today for a free consultation and let us support you through this challenging time.

The rise of telemedicine has transformed healthcare, providing greater accessibility and convenience for patients. However, it also introduces new challenges in medical malpractice claims. Here’s an analysis of how telemedicine impacts these claims and what patients should be aware of.

The Rise of Telemedicine

Telemedicine involves the use of technology to deliver healthcare services remotely. This includes virtual consultations, remote monitoring, and digital communication between patients and healthcare providers. While telemedicine offers numerous benefits, it also brings unique challenges, particularly in the context of medical malpractice.

Common Issues in Telemedicine Malpractice

Several issues can arise in telemedicine that may lead to malpractice claims, including:

• Misdiagnosis: The lack of physical examinations can result in incorrect diagnoses.
• Technical Failures: Glitches or connectivity issues can impede the quality of care.
• Inadequate Records: Poor documentation of virtual consultations can complicate malpractice cases.
• Licensing Issues: Providers may not be licensed to practice in the patient’s location, leading to legal complications.

Legal Considerations

Patients should be aware of the following legal considerations in telemedicine malpractice cases:

• Standard of Care: The standard of care in telemedicine should be equivalent to in-person care, but proving this can be complex.
• Jurisdiction: Determining the appropriate jurisdiction for filing a malpractice claim can be challenging, especially if the provider is in a different state or country.
• Informed Consent: Ensuring patients are fully informed about the limitations and risks of telemedicine is crucial for avoiding malpractice claims.

Evidence and Documentation

Proper documentation is essential in telemedicine malpractice claims. Key pieces of evidence include:

• Digital Records: Detailed records of virtual consultations and communications.
• Technical Logs: Logs of any technical issues or failures during telemedicine sessions.
• Experts Opinions: Expert witnesses who can prepare an expert report and testify about the standard of care in telemedicine.

Conclusion

Telemedicine has revolutionized healthcare delivery, but it also presents new challenges in medical malpractice. Patients must be vigilant about understanding their rights and the potential risks involved.

At Cooper Schall & Levy, P.C. our experienced attorneys are well-versed in handling telemedicine malpractice cases. We are committed to helping you navigate these new challenges and ensuring you receive the compensation you deserve. Contact us today for a free consultation.