MEDICAL MALPRACTICE AND PERSONAL INJURY LAW BLOG

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Settlement Reached In Wrongful Death Case Involving A Philadelphia Nursing Home

A Philadelphia nursing home settled a claim of wrongful death with the son of the deceased for $145,000, split between a wrongful death claim and a survival claim. Ola Simmons died from respiratory conditions, which the claim asserts was due to negligence demonstrated by the nursing facility.​ A settlement conference involving plaintiff John Simmons, the administrator of…

The Role Of Doctor Bias In Misdiagnosis

Doctor bias is an unfortunate reality in the medical world. It is a topic that we have addressed here several times–including the bias that LGBT+ patients may face, and the bias in pharmaceutical testing and medical treatment which affects women. Just how much do these biases ultimately affect medical care? New research out of Johns…

Slipping And Falling At The Theme Park

As the summer months approach, many people will be heading out to theme parks for a day of fun and amusement. There are many parks to choose from around the country including Disneyland, Disney World, Universal Studios, Sea World, and Six Flags. While most who visit these entertaining venues come home with…

Understanding Medical Liability & Malpractice Insurance For Nurses In Pennsylvania

A recently filed lawsuit revealed that thousands of patients had exposure to a nurse with tuberculosis at the University of Pittsburgh Medical Center. The emergency room nurse was believed to have been contagious for up to a four-month period. Physicians are the most common type of medical professional to face claims of medical malpractice;…

Virtual Gaming…Real Injuries?

An unprecedented event in the world of electronic entertainment is slated to occur this month: a major player in the field of virtual reality is set to release a groundbreaking virtual reality headset. The headset is named “Oculus Rift” and it is one of many virtual reality devices set to take the…

Loss Of Leg Due To Medical Error

Loss of a limb can be traumatic. After going your whole life with the use and function of arms and legs, suddenly waking up to find your foot and leg missing takes a lot of time and emotional strength to adapt. Loss of a limb can be even more devastating if it…

Pennsylvania Highway Safety Law Awareness Week Was February 18th – 24th

Pennsylvania hosts Highway Safety Law Awareness Week in February (this year it was the week of the 18th). The program is facilitated by the Pennsylvania Department of Transportation (PennDOT) and the Pennsylvania State Police. PennDOT is a critical part of policies and safety that relate to public transportation, highways, airports, railroads, and others. The program seeks…

Crane Collapse In NYC

Manhattan is famous for its skyscrapers. The island boasts some of the most iconic high rise buildings in the world including the Empire State Building, the Flatiron Building, and One World Trade Center. Constructing these impressive buildings is no small feat of engineering. Among the equipment used to build such impressive structures…

Trial Begins For Pharmaceutical Executive Charged With 25 Counts Of Second-Degree Murder

In 2012, the deadliest meningitis outbreak in United States history infected more than 700 people and killed 64. The condition stemmed from the administration of steroids contaminated with fungus. On January 9, a trial began in which the head pharmacist of the pharmaceutical company which manufactured and distributed the drug, Barry Cadden,…

Study Examines LGBT Bias Among Doctors

Bias in medicine is a serious issue. Many people may harbor conscious or unconscious bias, but this can become particularly harmful when a physician harbors such a bias, and it influences the way in with he or she practices medicine.  As a growing amount of studies have revealed health disparities linked to race,…

Drugstore Chains Sue Doctors In Ongoing Battle To Place Opioid Blame

We recently discussed a major series of lawsuit claims brought by cities, counties, and Native American tribes across the country against pharmacy chain stores for their role in fueling the opioid crisis. According to that claim, these retail stores failed to follow guidelines which required them to report suspicious orders to the Drug Enforcement…

Pennsylvania Patient Authority Recommends Switch To Metric System To Reduce Medication Errors

Fatalities in the U.S. caused by medical errors have risen to approximately 250,000 annually. The true number is likely higher, as the National Institute of Health believes that 10% of such errors go unreported. The Pennsylvania Patient Safety Authority (PSA) is an organization that operates as an independent advocate for the safety of those…

Doctors Practicing Defensive Medicine To Avoid Lawsuits

Medical malpractice related costs have taken a considerably large toll on the American healthcare system for years. These costs persist directly through skyrocketing malpractice premiums, which translates to higher expenses for patients and insurance companies. Moreover, they affect the healthcare system indirectly by prompting medical professionals to recklessly practice defensive medicine. A…

Liability From Injuries At Political Rally Venues

We are in the midst of the emotionally charged political election season, which is drawing massive crowds for rallies, conventions and events. On the presidential campaign trail it has been common for venues to be filled to capacity, with thousands of people turned away. Fire marshals are on-site regulating the number of…

Overview Of Civil Procedure Regarding Juries & Verdicts In Personal Injury Cases

According to the American Bar Association, only a small percentage of personal injury cases go to trial, as the majority are dismissed or settled prior. The Federal Rules of Civil Procedure (FRCP) is the framework the majority of local courts use in crafting their own procedural rules. Once an action has progressed through pleadings, pre-trial, and discovery,…

Snowmobiles Accident Results In Federal Lawsuit

During the cold and snowy winter months, millions of people across the country flock to the great outdoors to participate in various recreational activities such as ice skating, sledding, skiing, snowboarding, and snowmobiling. These activities can be great fun, but unfortunately accidents happen each year. One such accident occurred two years ago…

Informed Consent And COVID-19

The coronavirus epidemic has had a major impact on day-to-day life.  There is still a lot of uncertainty going forward as people try to return to normal life. Any fact-to-face interaction can present a possible risk of transmission of COVID-19, including doctor visits, surgery, or mental health counseling.  When healthcare professionals do…

Illinois Jury Awards $148 Million To Woman Paralyzed By A Collapsing Bus Shelter

A jury in Cook County Illinois recently awarded the biggest verdict against ever against the city of Chicago in a personal injury case. Tierney Darden, a 26-year-old from Vernon Hills, was left paralyzed from the waist down after a bus shelter at O’Hare International Airport collapsed amid a storm. Judge Clare McWilliams announced the unprecedented…

Philadelphia Jury Returns Verdict In Favor Of Defense In Slip & Fall Case

Carmen Ruiz, 54, brought a premises liability claim against Thomas Jefferson University Hospital (TJUH) in Philadelphia after a slip-and-fall accident in a hallway. She claims to have slipped on a liquid and injured her right shoulder. The claim states that the defendant was negligent in allowing for a dangerous condition on the property and…

New York Medical Malpractice Case Involves The Continuous Treatment Doctrine

Plaintiff Michelle Lewis brought a medical malpractice action based on negligence against Dr. Frederick D. Rutkovsky and LHHN Med P.C. The claim alleges that Dr. Rutkovsky failed to diagnose a benign brain tumor that was later discovered. Her allegations state that the doctor failed to detect and treat this meningioma and she ended up undergoing…

Nissan Class Action Denial Reversed By Higher Court

A federal appeals court reinstated a proposed California statewide class-action lawsuit accusing Nissan of installing defective hydraulic clutch systems, which can cause a clutch pedal to stick to the floor. The suit was filed by a San Jose man, who claimed he had to spend more than $700 to replace the clutch…

Non-Economic Damage Caps Up For Debate In Oregon

When a plaintiff is successful in proving a defendant’s liability in a personal injury case, they are then able to recover both economic and non-economic damages. Economic damages refer to an amount of money centered around the monetary losses incurred as a result of the injury. Usually economic damages include medical bills,…

National Secure Your Load Day In June Emphasizes Roadway Safety

National “Secure Your Load Day” is now recognized across the country on June 6th in response to tremendous safety concerns. It began in 2004 with the death of Maria Federici, a 24-year-old, when a large particle board fragment flew from a truck in front of her and smashed through her windshield. The AAA Foundation for…

The Prescription Drug Crisis: Who Is To Blame?

In the age of quick fixes and fast results, prescription drugs have served as an immediate temporary relief. Since the emergence of opioids, also known as “wonder drugs,” in the 90s, the federal government, as well as drug users quickly learned the great level of dependence users experience on this drug upon…

Expensive Medications Create Risks To Patient Safety And Potential Physician Liability

It is estimated that approximately 8% of U.S. patients fail to take prescribed medications because of the cost. This problem persists although about 80% of prescribed products are generic. For certain medical conditions, there is no generic alternative available or the generic product is determined to be ineffective for a particular patient….

E-cigarettes Are Explosively Popular

The e-cigarette is a helpful tool for smokers. It provides the nicotine of a cigarette, but without all of the toxins and carcinogens normally associated with tobacco cigarettes. An e-cigarette, or “vape” as it is commonly known as, relies on a re-chargeable battery to heat up flavored liquid to the point of…

Postpartum Stroke And Medical Malpractice

Juana Montoya was being attended during her pregnancy at the Harbor-UCLA Medical Center in Torrance, California. When she went into labor, she gave birth to a healthy baby. When she was discharged, she went home to recover. However, one day later, she returned to the medical center where it was determined she…

North Carolina Health System Faces Litigation After A Fatality Resulting From Possible Medical Malpractice

Two suits were filed accusing Cape Fear Valley Health in Fayetteville of medical negligence in caring for a patient who died. David Bryant Sr., a 67-year-old, was admitted to the hospital complaining of minor injuries after falling. The suit states that Bryant developed large bedsores and later died as an eventual result of the neglect. The…

Class Actions And Corporations

Reuters reports that Home Depot recently reached a settlement agreement in a class-action lawsuit brought by consumers over the massive data breach in 2014, though the agreement must be approved by the federal court. The data breach occurred between April and September of 2014 and affected many customers in the United States…

Legislation Targets Military Medical Malpractice Claims

The men and women who serve in our armed forces take an extraordinary risk in order to keep our country safe. This week, members of Congress are considering legislation that would permit members of the armed forces to bring about medical malpractice claims for negligence suffered during service, a remedy not currently available to…

“I’m Sorry About That” – Apology Laws

A term that is relatively common within medical malpractice law is that of apology laws. Apology laws pertain to situations where health care providers, who have injured patients as a result of their medical negligence, take the time to sympathize with the injured party and their families without the act being used…

Death By Mistake

Medical malpractice can be scary enough when it involves a significant injury caused by a physician that the patient trusted. The concept is nothing short of terrifying when a medical professional’s negligence causes a death. While horrifying to think about, deaths at the hands of a trained medical physicians are more common…

Can You Sue The Police?

While many of us believe that most police officers act reasonably when conducting an arrest or using force, there are times when law enforcement may take things too far. Within the past few years, a number of cases have come to light where the death or forceful apprehension of alleged suspects may…

Parents Of Child With Cerebral Palsy Awarded $14.5 Million In Birth Injury Lawsuit

In Western Pennsylvania, a federal jury has awarded a couple $14.5 million in a medical malpractice suit against the doctor who delivered their baby. In the lawsuit, they allege that the physician’s misconduct caused brain damage, cerebral palsy, and other long-term conditions. Justin Brinkley and Nicole Welker had their baby in July…

Can An Algorithm Predict Hospital Deaths?

Whether we realize it or not, most of us enter into some company’s algorithm every day. This includes online shopping choices, Google ads, and email alerts. Algorithms use information to try and establish patterns and make predictions. Banner Health, a hospital group based in Arizona, tried to create an algorithm to predict…

Will I Lose My Personal Injury Case Award Settlement If Filing For Bankruptcy In Maryland?

The American Bankruptcy Institute’s data for 2016 indicated that there were 11,287 cases of Chapter 7 bankruptcy in Maryland. Victims in severe personal injury cases are likely to experience financial problems as often their income may fall due to an inability to work; meanwhile, they may be accumulating significant medical bills and…

Preparing For Testimony In A Personal Injury Case

At some point during your personal injury or medical malpractice case, you may be called upon to testify. This could be in a deposition or it could be at trial. In rare cases, you may be required to testify at a pretrial hearing. While the situations may be different, there are many…

Pennsylvania Supreme Court Rules On Negligence Claim Involving Employer Duty To Exercise Reasonable Care

The Pennsylvania Supreme Court ruled that when an employer’s stored data is breached exposing employee’s personal information, it is a failure in their common law duty to exercise reasonable care. The decision changes the way litigation regarding cybersecurity will be handled. The University of Pittsburgh Medical Center (UPMC) failed to protect sensitive…

Massachusetts Reports Sharp Rise In Medical Errors

Given all the headlines about the number of medical mistakes injuring patients around the world, it would seem like hospitals would be motivated to cut down on those injuries. However, at clinics, hospitals, and doctors offices across the country, the reports of medical mistakes appear to be increasing. According to a recent…

Patient Suffers Brain Damage After Medical Device Failure

A Bellevue, Washington software developer, Dennis Montgomery, underwent surgery for a brain aneurysm in 2013. The treatment required the use of a medical device known as the “Penumbra Coil 400.” The Penumbra Coil 400 and other similar coil devices are the primary method used to treat brain aneurysms. Normally, all goes well,…

Report Suggests Automobile Insurance Rates Are Surging For Washington D.C. Motorists

The Washington Post reports that rates of auto insurance are increasing at double the rate of inflation. The average estimated premium nationally is $1,427. According to consumer advocacy groups, insurance companies are utilizing Big Data to determine rates for drivers. The data, based on factors such as credit ratings and levels of education, are most…

Family Sues Over Kickboxer’s Death

A case as been filed over the death of a Milwaukee, WI kickboxer, who lost his life after an amateur fight in 2014. The family of Dennis Munson Jr. has filed a wrongful death case against several defendants including the event promoter, the ringside physician, the gym where Munson trained, and Munson’s…

Does My Insurance Cover Physical Therapy After An Accident?

Physical therapy can be a beneficial treatment for patients after an injury accident. Injuries sustained in a car accident, slip and fall injury, or workplace accident can cause head, neck, or back injuries which can make it more difficult to move around or do regular daily activities.  Even if physical therapy does…

Disney Responsible For Harrison Ford’s On-Set Injury

Harrison Ford was almost crushed to death while filming Star Wars: Force Awakens and this week a British court held Disney responsible for the injury. On June 12, 2014, Ford was in England on-set of the Star Wars film. Ford was not aware that the set of the Millennium Falcon was live during…

Personal Injury Cases Involving Distracted Driving Increasingly Lead To Larger Awards & Settlements

Most states in the U.S. have acknowledged the “epidemic” of distracted driving and established some legislation aimed at reducing the unnecessary consequences including property damage, injuries, and even death. The majority of the accidents involve the usage of mobile devices while operating a vehicle. This which should come as no surprise because many people are using their devices constantly. …

Lawsuits Filed For Convention Shooting Last October

Fort Myers, Florida was the host of an annual Halloween-themed event late last year known as Zombicon. The event is a charity event that both celebrates the attendees’ affinity for zombie-themed horror film and fiction, while also raising money for things like blood drives and food donations. What was supposed to be…

The Insurance Dilemma Of Ridesharing Companies

Ridesharing companies like Uber and Lyft seem to be taking the U.S. by storm. Many people are enamored by how quick and easy it is to call for a ride, and how cheap it is to get a lift to where they need to go. Especially with more and more people moving…

Three States Face Challenges To Medical Malpractice Procedural Reforms

Attempts at medical malpractice reform have been long underway at both the federal and state levels. Many states have developed their own models in efforts to lower costs both of litigation and malpractice liability insurance for providers. The American Medical Association reports that currently in Maryland, Michigan and Kentucky, courts are tasked…

Mystery Vaping Illness Claims Fifth Life

We have been covering the mysterious lung illness, which appears to be associated with vaping, for many weeks now. What began as a group of Wisconsin teens experiencing serious lung issues and developed into dozens of cases of severe lung disease across the United States, it is now a fatal health condition…

Pennsylvania Supreme Court To Rule On Injury Case Where School Seeks Governmental Immunity

The case of Brewington v. Philadelphia School District has reached the Supreme Court. The Commonwealth Court had allowed a Philadelphia Public School student’s family to pursue damages when a 9-year-old boy was injured after running into a concrete wall in a gymnasium that the plaintiff’s felt should have had protective wall padding….

Dangers Of Tanning Salons For Sun In The Winter

Going through the winter season in Philadelphia can be gloomy. At the height of winter, during the solstice on December 21st, residents get a maximum of 9 hours and 20 minutes of daylight. This compares to more than 15 hours of sun at the height of summer. With almost 6 hours less…

Investigation Into Misdiagnosis-Fueled Custody Loss

This October, we examined the story of a Texas couple who lost custody of their newborn son because physicians misdiagnosed a genetic medical condition as the physical symptoms of child abuse. While this case was devastating for the parents involved, a year-long investigation suggests that loss of custody due to diagnostic errors is occurring…

When Thousands Were Infected By Blood Contamination

When someone requires a blood transfusion, they rely on another person’s blood to keep them alive. However, blood does not only provide life-giving opportunities. Blood can also carry disease, transmitting deadly diseases to the recipient of the transfusion. Decades after a mass blood contamination epidemic, healthcare officials offer patients and their families…

Federal Judge To Rule On Appeal In Wrongful Death Case Involving A Mentally Disabled Maryland Man

A Washington Post story reported on a case involving Richard Rochford, a Frederick County Sheriff’s Deputy, who was working security at a movie theater. In 2013, the manager pointed out to Rochford that a man had entered a movie without paying. Rochford encountered Robert E. Saylor, a 26-year-old man with Down syndrome, and attempted to persuade him to…

How Is Privacy Maintained For My Personal Information & Financial Data In Civil Filings?

Throughout the U.S. in recent years, a widespread problem that has emerged involving unauthorized access and usage of data such as credit card numbers, account information, and social security numbers. Many individuals have been victims of “identity theft” where the criminal may create credit accounts under another person’s identity. Civil court case filings may have documents…

Is The FDA Changing Its Mind About The Promotion Of Off-Label Drugs?

Before medications are placed on the market for distribution and sale, they must undergo a comprehensive and meticulous approval process. As a part of this process, pharmaceutical companies are required to submit explicit evidence that medications are safe for consumption and effective for its intended and prescribed use. As with most industries,…

Popular Legging Manufacturer Sued For Making Activewear That Reportedly Tears As Easily As “Wet Toilet Paper”

At least two lawsuits were filed against legging manufacturer LulaRoe after the company continued to ignore the complaints of dissatisfied customers for months. According to the lawsuits and the accounts of tens of thousands of consumers, the leggings are prone to ripping and tearing quite easily. A few years ago, women everywhere…

8-year-old Drowns On Cruise Ship

Last week, an 8-year-old boy drowned after falling into a pool abroad a Royal Caribbean cruise ship off the coast of New Jersey. The death comes in a string of almost a dozen drowning or near-drowning accidents on cruise ships in the last two years. Many cruise ships have large public pools…

Statute Of Limitation Tolling In A Mississippi Wrongful Death Action

A case was brought before the Mississippi Supreme Court to review the interplay between the state’s wrongful-death statute and the “minors savings” clause. The minor savings clause tolls the applicable statute of limitations until the child reaches the age of majority. Miss. Code Ann. § 15-1-59 states that: “If any person entitled…

City Protected By Immunity After Several Personal Injuries Occur From Tripping On Uneven Bricks At City Hall

The Boston City Hall property has a plaza where the walkway is made of bricks that have been poorly maintained. A woman was injured after a fall and filed a complaint with the city; however, the city rejected it based on their state-granted immunity from actions for personal injury. Another woman fell several…

Another Case Of Doctors Taking Out The Wrong Kidney

The kidneys are among the most important organs in the human body. Your kidneys continually filter your blood and remove waste products and excess water. Kidneys are also amazing because people can still function normally with only a partial kidney intact. However, when doctors remove the wrong kidney during surgery, the patient…

Large Fleet Of Pedal-Assisted Electric Bikes Taken Out Of Service Amid Safety Concerns

Lyft recently removed their fleet of pedal-assisted electric bicycles from major cities including San Francisco and Washington D.C. There was a wave of reports that the front braking system was causing riders to be propelled over the handlebars of the bikes. The recall efforts were initiated voluntarily by the organization. Often these actions are…

First Successful Uterus Transplant

The Cleveland Clinic made history on February 24, 2016 when a team of doctors performed the first uterus transplant ever completed in the United States. The surgery took gynecological and transplant surgeons nine hours to complete. A press release from the Cleveland Clinic reported that the patient was recovering in stable condition…

The Do’s And Don’ts Of Medical Malpractice Cases In Philadelphia

Every day, countless people seek help from a medical professional in Philadelphia. From the elderly patient seeking advice from the pharmacist at the local drug store to the transplant recipient following instructions from the heart surgeon at Temple University Hospital, we entrust our health–and sometimes our lives–to medical professionals with the expectation…

Are Doctors Dismissing Women With Brain Tumors?

A recent article published by The Guardian presented frightening information that could (and probably should) be alarming to all women. According to a study conducted by the Brain Tumor Charity, women with brain tumors are being dismissed at alarming rates when they attempt to seek medical intervention for symptoms. Women who presented…

Family Of Maryland Man Brings Wrongful Death Suit Following White-Water Rafting Accident

Alison Parker has filed a lawsuit following the death of her husband, James Abromitis, who was killed while on a commercial rafting trip on the Roaring Fork River in Colorado. The claim against Aspen Whitewater Rafting (AWR) includes allegations of wrongful death, fraud, gross negligence and a violation of the Consumer Protection Act. She…

The Rising Epidemic Of Hospital-Acquired Infections (HAIs) And Its Detrimental Effect On Patients

Hospital-acquired infections, also known as healthcare-associated infections (HAIs) are plaguing medical facilities and hospitalized patients nationwide, causing the American healthcare system’s quality of care to rapidly diminish. Data reveals that hospitalized patients who require supplementary care and treatments are acquiring these illnesses at astounding rates, ultimately leaving them more ill than they…

Jury Delivers $700,000 Verdict In Georgia Injury Case

A fall can be particularly harmful to a person the older they are. According to the National Council on Aging, fall injuries are the leading cause of fatal injury and most common cause of nonfatal traumatic injuries in seniors. Not to mention, falls in older adults are somewhat common, as 25% of…

How To Stay Safe On Your Bike In The Winter

Using a bicycle to get around or to commute to work has become more and more popular in recent years. With people moving back into urban environments, there has been a surge in public and alternative forms of transportation. The winter months, however, make it much more difficult to get around on…

The Dangers Of Public Transportation

Public transportation allows many people to get around the city, without having to sit through traffic, deal with parking, or risk a car accident. For others, public transportation may be their only way to get to work or school. However, passengers of public transportation across the country are still at risk of…

Sterilization Problems Shut Down Elective Surgeries At Hospital

Hospitals host thousands of surgeries each year, reusing countless surgical supplies and equipment. In order to make sure these surgical tools are kept clean and safe for the next patient, they have to be properly processed and sterilized. When the sterilization process breaks down, patients can suffer serious, life-threatening infections from dirty…

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