Pennsylvania Injury Lawyer Blog

We tend to take for granted that doctors and medical professionals can sometimes be wrong and make mistakes. After all, they are human just like we are. However, when protocol is ignored and an individual suffers as a result, the question is no longer why did a doctor not know something; but rather, why that doctor did not do something when they very well should have.

A story featured on pittsburghlive.com discusses a case of medical misdiagnosis that resulted in loss of life. Reportedly, a 51-year-old Fayette County woman, after visiting Uniontown Hospital and complaining of chest pains, was discharged after examination, but then died of a myocardial infarction just five days later. Allegedly, the hospital released the woman with a diagnosis of non-cardiac pain, even though the hospital was made aware of family history which indicated that a heart condition may be likely. Now, the woman's daughter is filing a wrongful death suit against the hospital, claiming that their negligent care played a determining factor in allowing the mother's heart condition to claim her.

Continue reading "Misdiagnosis at Uniontown May Have Led to Woman's Fatal Heart Attack" »

The Food and Drug Administration has declared its plans to begin a study of the negative side effects following Lasik eye surgery, which include dry eyes, blurred/double vision, and halos around objects at night. According to a recent report, the FDA will coordinate with the Department of Defense and the National Eye Institute to establish the percentage of patients who have been negatively affected by the eye-correcting procedure.

Although it is encouraging that such action is finally being initiated, a clinical trial tracking of patients who undergo the surgery will not conclude until 2012. To start things off, an online questionnaire will help patients gauge their quality of life after Lasik surgery. The head of the FDA’s medical device division stated, “This study will enhance our understanding of the risks of Lasik and could lead to a reduction in patients who experience adverse effects.”

Considering that approximately 6 million Americans have had Lasik surgery, an extremely sensitive procedure that everlastingly reshapes the cornea (a clear layer covering the eye), it is of the utmost importance that the FDA administers this study. Although 95% of Lasik patients are apparently satisfied with the results of their surgery, last summer the FDA received 140 reports of Lasik-related problems of eye damage between 1998 and 2006.

Continue reading " FDA Initiates Study of Lasik Eye Surgery's Negative Effects" »

A recent latimes.com article has left patients and citizens throughout the United States horrified and concerned about the quality of care provided during CT scans and other hospital services. According to the report, over 200 brain scans for potential stroke patients on a CT scan machine at Cedars-Sinai in California were conducted at eight times the normal level of radiation. Apparently many cases of radiation overdoses at the Los Angeles based medical center have been connected to a mistake the hospital made when resetting a CT scanner to accommodate new protocol for a specific kind of scan used to identify and diagnose strokes.

What is even more shocking is that this serious hospital error went unnoticed for 18 months. The problem was brought to the attention of the hospital in August 2009 when a stroke patient told the hospital that he had begun to lose his hair after a CT stroke scan. A hospital spokesman told reports that the CT machine was used for other kinds of scans, but that the re-set error only affected the potential stroke patients. However, each patient who received the CT brain perfusion scan procedure for stroke diagnosis was exposed to the radiation overdose. The hospital has found and gotten in touch with 206 patients who were subjected to the overdoses at Cedars-Sinai Medical Center. After doing so, the hospital discovered that approximately forty-percent of the patients had endured sporadic hair loss and many of the individuals also showed signs of reddening of the skin.

Continue reading "Radiation Overdoses Linked to Hospital's Mistake" »

The news got a little bit worse for doctors in Pennsylvania. According to a post-gazette.com article, the money that doctors have been paying for a statewide fund to use in case of large medical malpractice lawsuits will be $100 million less, which represents two thirds of the total. This money will be transferred over to the state’s general fund because Pennsylvania is trying to balance its 3.2 billion deficit. Hopefully this action does not lead to poorer healthcare when the patient goes in to see a physician.

An aide to House Majority Leader Todd Eachus, D-Hazleton said, “This is not an element of the budget that currently is in dispute. This money would be used as part of our overall strategy at plugging a $3.2 billion deficit that we face this year. If we don’t do this … we face a significant tax increase next year.”

Director of governmental affairs for the Pennsylvania Medical Society, said, “We believe we have a vested property right to that money.” Doctors have found it difficult to find insurance so they setup the fund in the 1970’s to protect them from Pennsylvania medical malpractice judgments. Doctors are mandated by state law to not only have their own insurance but to also pay money into the fund known as the Mcare insurance fund. The association also alleges the state of not transferring yearly surplus funds over to the next year, which they claim makes everything more expensive for everyone.

This is not the first time the medical society and the state have tangled in court as the medical association accused the state of withholding $616 million from going into the Mcare fund from money collected through a cigarette tax. The state went so far as to say they did not have to transfer the money. A Commonwealth Court ruled that the state’s motion to throw out the case was denied.

Continue reading "PA Will Take 100 Million of Doctor's Medical Malpractice Fund" »

The New Jersey Supreme Court has overturned a $75-million medical malpractice award given to the parents of a boy who suffered brain damage as an infant when he was deprived of oxygen following surgery in 1998. According to a news report in the Insurance Journal, the justices reversed the damages citing "numerous trial errors and other problems." According to court documents, the child now suffers from significant intellectual, verbal and neuron motor deficiencies and requires constant care. The justices also said in their ruling that the trial jury in Essex County was unnecessarily exposed to bias against medical professionals during the jury selection process.

This case illustrates the complexity of medical malpractice cases as well as the devastating impact it could have on the injured victims and their families. In this case, it involves a child who has suffered brain damage as a result of medical negligence and will probably never be able to function normally for the rest of his life.

Pennsylvania hospital negligence and medical malpractice claims help such victims obtain compensation for the damages they have suffered. Where it involves young children who have suffered brain damage because of surgical errors or birth injuries, the money obtained helps create a secure future for them, given their permanent disabilities.

Continue reading "Record Medical Malpractice Verdict Overturned in NJ High Court" »

A man has sued his surgeon for operating on the wrong knee during a knee replacement surgery. According to this news report, the suit alleges that the doctor botched his right-knee operation that left him with damage to his left knee. The patient actually went in for right knee replacement. However, his surgeon prepped the left knee and began performing replacement surgery on his left knee. However, midway through the procedure, the surgeon realized he was operating on the wrong knee, removed the instruments, sutured the incision and started operating on his right knee as planned.

The suit alleges that the defendants not only failed to perform the surgery properly, but also failed to documents in their medical records that they "surgically invaded" the wrong knee. The patient was later diagnosed with damage to cartilage under his left knee cap. The five-count medical negligence lawsuit seeks more than $50,000 on each count, plus costs of the suit.

It is an unfortunate and unnerving reality that surgical errors commonly occur in Pennsylvania. Most surgeries are done without any problems, but sometimes complications can arise because of medical negligence on the part of the surgeon, anesthesiologist, nurse or other hospital support staff. Surgical errors in Philadelphia and throughout the state of Pennsylvania can leave you with lifelong problems or worse, result in death.

Continue reading "Man Sues Doctor for Operating on Wrong Knee" »

A Philadelphia doctor has admitted to botching dozens of prostate cancer surgeries at a Veteran Administration hospital stating that he sometimes missed his target while implanting radioactive seeds, leaving patients with incorrect dosages. According to this Associated Press news report, the Nuclear Regulatory Commission has found that 92 out of 116 men treated at the VA Medical Center in Philadelphia in the hospital's brachytherapy program received incorrect doses of radiation seeds. The doctor in question performed a majority of the procedures under a VA contract with the University of Pennsylvania, where he was on staff.

During a Senate hearing, the doctor admitted that he never informed patients about his errors. He argued that this does not amount to "substandard care" because brachytherapy is still an "evolving field." A 68-year-old victim of this medical malpractice in Philadelphia testified that he lost his job during the five months he spent in bed after the doctor implanted the seeds into his rectum instead of his prostate in 2005. The VA misdiagnosed his condition stating that he was suffering from hemorrhoids or constipation. But the problem was eventually diagnosed as a radiation burn and the man had to undergo surgery to get it corrected.

Continue reading "Philadelphia VA Hospital Medical Malpractice Allegation Against Doctor" »

The website abcnews.go.com reported in a story on March 6, 2009 that the parents of an 18 year old who sustained a brain injury during a snowboarding accident are suing the doctors claiming they “intentionally killed” him to harvest his organs. The lawsuit was filed in the U.S. District of Western Pennsylvania by Michael and Teresa Jacobs claiming that doctors “hastened” their son Gregory Jacobs’ death by impeding treatment and eventually removing his breathing tube, causing him to suffocate. The family claims that their son had not been officially declared brain dead when doctors began the transplant process. The Jacobs are seeking $5 million in damages against doctors at Hamot Medical Center in Erie, Pa. and a representative from the Center for Organ Recovery and Education in Pittsburgh.

Both Hamot Medical Center and the organ center expressed condolences to the family for the Pennsylvania wrongful death in a prepared statement. Hamot insists that their doctors performed treatment that was “timely, appropriate, and well documented.”

In addition the Hamot said, "Proper consent was received in order for his organs to be donated and the protocols that were followed were consistent with all established donation procedures," it read. "Any claims otherwise are completely baseless. While we have yet to receive formal notification of a lawsuit having been filed, we will vigorously defend against any accusations of wrongdoing."

Dennis Boyle, the Jacobs’ lawyer, said, “Essentially, the family was told that Greg was brain dead and he would not recover and therefore, they signed a document that agreed to an organ transplant. Greg was not, in fact, brain dead.”

The Jacob’s family claim that their son was listed brain dead “retroactively” as life support was being removed in preparing for organ harvesting.

Hospital officials recognized in an interview with the media in 2007 that the recorded time of death was a mistake.

In many cases, as careful as a medical team is, they won't be able to protect the patient from the need for more medical treatment. To be liable for medical malpractice in Philadelphia, the doctor has to have been negligent. However, as a patient or the family of a deceased patient, you have the right to explore legal options. Sometimes, a wrongful death claim is cut and dry. Other times, you may not be sure of the best option.

A personal injury lawyer who has experience with medical malpractice can look at the basic information and determine whether or not you have grounds to sue a doctor, medical team, pharmacist, or hospital for medical malpractice. Anapol Schwartz has successfully represented clients for over 30 in Pennsylvania, and they can help you. Please call Philadelphia medical malpractice attorneys at 1-866-735-2792 for a free consultation.