Avoiding Hospital Mistakes

CNN Health has published an article about Avoiding Hospital Mistakes.  The moral of the story is patient's need to be pro-active in their treatment and discussions with health care providers.  If patient's have questions, they neeed to be asked and fully answered.

Wrongful Death Survival

I have authored an article on Pennsylvania Wronful Death and Survival Lawsuits.

Mistreatment of Veterans for Prostate Cancer in VA Hospital

The New York Times is reporting that many veterans were mistreated for prostate cancer in VA hospitals, including Philadelphia.  The report indicates that the prescribed radiation therapy was often given in incorrect amounts leading to radiation damage or insufficient radiation.

Medical Malpractice Claim for Sexual Relations with a Patient

The Pennsylvania Superior Court has ruled that a General practice Physician can face a medical malpractice claim if they are providing psychologic services to a patient and they have sexual relations with that patient.

Malpractice Lawsuits Decrease

Malpractice lawsuits in Pennsylvania have dropped approximately 41% since the early 2000's.  This report is further evidence that the "medical malpractice crisis" does not exist.

Pennsylvania Supreme Court Ruling for Statute of Limitations in Medical Malpractice Case

The Pennsylvania Supreme Court in Wison v El-Daief, et. al. reversed the trial court Order granting summary judgment based on Statute of Limitations defense.  The Statute of Limitations in Pennsylvania for an adult is two years from the date of the alleged negligence.  An exception to the two year time frame is called the Discovery Rule that essentially provides that the two year statute of limitations period begins to run when an injured party discovers or through the exercise of reasonable diligence should have discovered an injury and its cause.  The Wilson Court reiterated the standard that it is a question for a jury to determine when an injured party discovered or should have discovered the injury and its cause.  If a patient suspects that they have been injured by a physician or other health care provider, they need to diligently pursue a diagnosis of their injury and its cause.  That investigation should include second opinions from physicians and talking to a medical malpractice lawyer.

Pennsylvania Peer Review Protection Act

I am often asked questions about finding information about the quality of physicians.  I usually tell people that it is difficult to find public information in large part due to the Peer Review Protection Act.  I have written an article that highlights the problem.

Selecting a Jury in a Philadelphia Medical Malpractice Case

I have written an article that details how a jury is selected in a Philadelphia medical malpractice case. 

Pittsburgh Jury Awards $0 Survival Damages

In an odd twist, a Pittsburgh jury in a medical malpractice case found that a hospital was negligent and that the negligence caused the death of a 24-year-old man. The jury awarded $2,500,000.00 under the wrongful death claim but awarded 0 dollars under the survival claim. Damages under the survival act include lost earning capacity and experts testified that the lost earning capacity for the 24 year old was between $4,000,000.00 and $15,000,000.00. The attorney for the plaintiff has filed an appeal. This case certainly reinforces the point that you can never be sure about the thought process of a jury.

Evaluating a Cerebral Palsy Malpractice Case

I am often asked by Pennsylvanian parents of an injured baby, "How do I know if I have a case of medical malpractice?"  I have published an article, Evaluating a Cerebral Palsy Medical Malpractice Case, that summarizes and highlights information that I analyze to determine if I believe that malpractice was committed causing cerebral palsy or other brain injury.

October Library Items: A Focus on Medical Malpractice

We grow up learning to trust our doctors. They've trained for years in medical schools. They've consistently been at the top of their class. They know so much about medicine that we simply don't.

However, doctors are not perfect, and just like in all other areas of life, some of them are incompetent. Just because they wear a white lab coat and have a stethoscope around their neck does not mean that they will always, without fail, give you the best care that you need. In fact, a Harvard University study estimated that  medical malpractice mistakes account for 234,000 injuries and 80,000 deaths per year in this country alone.

Some instances of medical malpractice happen in the ER. Some happen in the delivery room. Still others happen in surgery. Some even happen in small family practice offices around the country, where family practitioners misdiagnose or fail to diagnose serious illnesses like cancer, diabetes, and meningitis.

The best advice we can give you is to be vigilant. Look after your families. Get second opinions. Trust your gut. And if you or a loved one is found in a situation where you suspect medical malpractice, immediately seek experienced legal counsel in the matter.

To educate you further, we've focused our Library Items this month on issues related to medical malpractice. Read them and share them with your friends and family:

• Erb's Palsy And Medical Malpractice
• What Is Considered A Failure To Diagnose?
• What is the Statute of Limitations for Medical Malpractice Suits in Pennsylvania?

Medical Malpractice Forms & Consent Forms In Pennsylvania

During their initial consultations, a good number of our clients ask us if they have waived their rights because they signed a consent form before a procedure or operation.

To that we have to say loudly and clearly, NO. Although consent forms have you acknowledge that whatever medical procedure you might have comes with inherent risks and dangers, it does not give anyone permission to harm you, make unwise decisions, or act negligently while you are under their care.

Here's an example: if you go in to have a complicated heart surgery, the physician will have you sign a consent form that clearly states that you understand that even with the best doctors on earth, heart surgeries are dangerous and that some people will be injured or even not make it out. The consent form acts to protect the physician from getting sued by those who might claim that they did not realize that heart surgery came with inherent dangers even under the best conditions.

More simply, if you were to be injured during the operation not due to negligence, but due to the complexities of the surgery itself, you could not file a medical malpractice suit.

However, if a doctor or anesthesiologist acted in a negligent manner during the operation, you still have every right to file a medical malpractice suit - no matter what papers you signed beforehand.  Negligence, especially in the arena of health care, is unacceptable under any circumstances.

Philadelphia Passes Hand Held Cell Phone Ban

In response to car accidents, Philadelphia has passed a law banning the use of hand held cell phones while driving.

Philadelphia Passes Hand Held Cell Phone Ban

In response to car accidents, Philadelphia has passed a law banning the use of hand held cell phones while driving.

16 Injured in Philadelphia Bus Accident

16 people were injured when a SEPTA bus collided with a minivan that ran a red light.  Reports indicate that the driver of the minivan was talking on a cell phone.

Truck Owner Headed to Trial for Fatal Accident

The truck owner and driver as well as the owner of a garage where inspection stickers were allegedly purchased are heading to trial on charges stemming from the January 23, 2009 Schuylkill Expressway accident that killed a driver when the truck's brakes failed.

UNDERINSURED VS. UNINSURED CLAIMS IN PENNSYLVANIA

I have just written an article describing underinsured and uninsured automobile accident claims in Pennsylvania.

Schuylkyill Expressway Fatal Accident

A tractor trailer rear ended a car killing one person and seriously injuring another on the Schuylkill Expressway.  Police believe that the truck driver may not have seen the stopped traffic due to sun glare on the Conshohocken Curve.

Three-Vehicle Crash In East Pikeland, PA, Results in Serious Injuries

Two cars and a motorcycle were involved in a crash along Route 113 in East Pikeland, PA, on Saturday, November 10, according to The Mercury. The accident took place between Firehouse Lane and Coldstream Road a few minutes after 9:30 p.m.

The East Pikeland Police Department, Kimberton Fire Company, West End Ambulance, Spring-Ford Rescue Squad, and Humane of Royersford Ambulance all responded to the call.

The two drivers of the cars suffered non-life-threatening injuries, while the motorcycle rider was extracted from the crash by emergency workers and airlifted to the Hospital of the University of Pennsylvania (HUP).

Fire Company Assistant Chief Al Kritzberger said, "We assisted in the extrication and the victim was placed in an ambulance to be airlifted,"

The fire department crews then cleared and towed the vehicles at the scene of the accident. The road was cleared of the multiple vehicle wreck by 2 a.m. The cause of the accident is still under investigation.

Punitive Damages Discovery

Federal District Judge James M. Munley in the case of Grosek v. Panther transportation, Inc. has ruled that discovery regarding the financial condition of a defendnat for a claim of punitive damages is permissible. 

In so holding the Judge noted, "it is inefficient to somehow delay discovery on the amount of punitive damages available until after a factual determination on the availabilty of such damages can be made." 

Judge Munley held that once plaintiffs had properly stated a claim for punitive damages "discovery on the amount of the damages is relevant."  Punitive damages are based on the concept that a defendant should be punished financially because of reckless or outrageous conduct.  This is a significant decision in that often times defendants will argue that discovery regarding their financial condition and ability to pay punitive damages is not allowed until there has been a finding that punitive damages should be awarded.

August Library Items: A Focus on Driving Safely In Pennsylvania

What makes a safe driver? Someone who simply abides by the laws of the road? Someone who takes extra measures to drive defensively and buckle up? Someone who is prepared in the event of a car, truck, or motorcycle accident?

The answer is, simply, all of the above. Although Pennsylvania road accident rates have been dropping we have a long way to go before everyone is doing all they can to protect themselves and others on the highways and interstates - from rural roads to the crowded streets of Philadelphia.

Look at some headlines in Pennsylvania, just from this week:

• One-Car Crash Kills Driver On Turnpike (NBC News Channell 10)
  
• PA man To Be Tried In Crash That Killed Driver (York Daily Record)
  
• Two Injured, Including Pennsylvania State Trooper, In Crash (Scranton Times-Tribune)
  

This month, our library items focus on what you can do every day to prevent and prepare for accidents like these. Take a moment to learn how to take the first steps, and then share what you've learned with your loved ones:

• Seat Belt Safety in Pennsylvania: Reducing Injuries in Car and Truck Accidents
• Pennsylvania Car Accident Safety Tips: Taking Precautions And Saving Lives
• What Steps Do You Take Directly After A Car Accident?

What Does the New TACT Initiative Mean to You?

Starting on October 1, the Pennsylvania Police Department and the Pennsylvania Department of Transportation will be implementing a new Ticket Aggressive Cars and Trucks Initiative (TACT). TACT will target and punish unsafe drivers along a 33-mile stretch of Interstate 81 highway between Cumberland County and Dauphin County in hopes of reducing the number of car and truck accidents that have been seen along this road.

The program will include highway billboards and brochures to increase driver knowledge of sharing the roads with trucks in addition to a greater police presence in the area, such as marked squad cars, unmarked squad cars, and airplanes.

What does the TACT initiative mean for you?

In general, it means that to avoid an expensive ticket and higher insurance costs, you should drive more carefully along I-81 and around commercial trucks. You shouldn't receive a ticket if you

• Avoid speeding, regardless of how fast the flow of traffic is around you
• Avoid risky lane changes and use your turn signals
• Don't follow too closely, especially when behind a big rig or truck
• Drive defensively and be aware of the vehicles around you

If you are unfamiliar with how to share the road with trucks, educate yourself on their dangers. Remember that they have large blind spots due to the length of their vehicles and may not see you beside or behind them. Remember that they weigh much more and are harder to slow down or turn.

Although more police on the roads might annoy drivers, please remember that they are saving lives, preventing injuries, and protecting you. This TACT initiative may save the life of you or someone you love - and you may never realize it. Hopefully, it will help keep dangerous drivers in check and law-breaking trucks off of our roads.

Company Indicted for Illegally Testing Bone Cement on Patients

A Swiss Company in West Chester was indicted for illegally testing bone cement in patients.  Norian XR was approved for use in bone but not the spine.  It is alleged that the company attempted to circumvent the FDA  by illegally testing the cement on about 200 people, three of whom died.

5 Million Dollar Tylenol Product Liability Verdict Reversed

The Pennsylvania Superior Court reversed a 5 million dollar verdict involving the death of a young child from an overdose of Tylenol.  The Superior Court found that the jury verdict was contradicted by the evidence.

State Claims for Injuries from Medications not Preempted by Federal Law - Wyeth v. Levine

The United States Supreme Court in Wyeth v. Levine ruled that state tort law claims for injuries caused by medications were not preempted by Federal Law.  In essence, the drug companies argued that since they received FDA approval for the drugs, injured people could not file a state law claim alleging they were injured by a defective drug.  The Supreme Court disagreed.  This is a major victory for people injured by dangerous or defective drugs.