Continued Attack on Rights of Malpractice Victims

Malpractice Victims Rights Under Attack

Surgical Mistakes More Frequent

surgical, mistake, wrong area of body, malpractice

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.