MEDICAL MALPRACTICE AND PERSONAL INJURY LAW BLOG

  • aba
  • aaj
  • superlawyers
  • BBB
  • AVVO
  • icoa

Blog

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…

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…

Telemedicine Technology Helps Doctors See Patients In Antarctica

Technological advances are helping doctors assist patients in new and innovative ways. One of these advances has been the increasing use of telemedicine. Telemedicine is defined by the American Telemedicine Association as “the use of medical information exchanged from one site to another via electronic communications to improve a patient’s clinical health…

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…

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…

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…

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…

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…

Ohio Couple Wins $14.5 Million After Doctor And Hospital Injure Son During Birth

The parents of a baby born with cerebral palsy and other medical complications received $14.5 million from the overseeing obstetrician and hospital. The verdict has been deemed the largest ever returned to plaintiffs in the Johnston, Ohio federal court. Ohio Birth Injury Lawsuit Ohio couple Nicole Welker and Justin Brinkley’s lawsuit, claims…

Boat Fire Survivor Claims Lack Of Training

Earlier this month, we covered the federal investigation into a boat fire that claimed dozens of lives in California. “Conception,” a diving tour boat, burst into flames along the coast of Santa Cruz Island during the middle of the night. Five crew members were able to escape but 34 others, who were sleeping…

Conference In Washington, D.C. Reports Costs Of Civil Litigation High Across The U.S.

The Institute for Legal Reform (ILR) recently presented how excessive civil litigation costs continue to plague the country at their SummitXX conference in Washington D.C. They explained that households are each indirectly spending thousands every year toward these costs. They reported that approximately 57% of the total expense is paid in plaintiff compensation and…

Lawsuit Against Doctor For Patient’s Suicide

Suicide is a tragic way for a family to lose a loved one. Friends and family often feel guilty for not doing something, or not noticing the warning signs. In some cases, people close to the suicide victim feel responsible for the death. In Florida, a man believes that his wife’s doctor…

Philly Woman Awarded Damages In Sidewalk Slip-and-Fall Case

Donna Fletcher filed a personal injury lawsuit in Philadelphia County Common Pleas Court naming Juan Pena as the defendant. She was walking down a sidewalk on Pena’s property when she tripped, fell, and was injured. There was a pipe extending outward from a drain that caused the fall. The judge deemed that…

Makers Of Popular OTC Heartburn Drug Hit With Class Action

Drug manufacturers Sanofi-Aventis and Boehringer Ingelheim Pharmaceuticals are facing a class-action lawsuit related to the popular heartburn remedy Zantac. According to the claim, filed in the northern district of California, a known carcinogenic compound called N-nitrosodimethylamine (NDMA) has been detected in ranitidine, the active ingredient in Zantac. Zantac is an over-the-counter medication…

Don’t Bet On It – Abilify Claimed To Cause Gambling Addiction

Abilify is a medication that is prescribed to patients who suffer from depression, bipolar disorder, irritability associated with autism, or schizophrenia. The drug was developed by the Otsuka Pharmaceutical Company and placed in the market in 2002 after approval from the Food and Drug Administration. The medication is supposed to target dopamine…

Doctor Liable In Heart Attack Malpractice Case

When a person begins to feel pain, discomfort, or like something is not right, they may still not be sure if it is something minor or a medical emergency. However, there are two symptoms that almost always necessitate a trip to the hospital: shortness of breath and chest pain.  Chest pain is…

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…

People Ignore Warnings About Cheap Plastic Surgeries

Thousands of people seek out plastic surgery operations to augment their figures, change the shape of their nose, or remove unwanted fat. However, some people cannot afford to get the expensive procedures done. This leads them to seek out cheaper alternatives, including unlicensed practitioners and going overseas for the procedure. In some…

South Dakota Division Of Insurance Reports Recent Shift In Medical Malpractice Award Value & Duration Of Cases

The South Dakota Division of Insurance requires that medical liability insurers in the state submit a report with a summary of claims each year. In 2016, these providers paid out merely $1.8 million in settlements in resolution of 12 cases. This is a considerable disparity compared to $6.4 million spread among 18 settlements in 2015, and…

Johnson & Johnson Hit With $8 Billion Risperdal Verdict

Johnson & Johnson has been hit with an $8 billion dollar verdict after a local man claimed that he was unaware of the risks of taking the antipsychotic drug Risperdal.  The plaintiff, Nicholas Murray, was prescribed Risperdal when he was a minor. According to his lawsuit, he was not adequately informed of the side…

​Judge Overturns $38 Million Wrongful Death Decision

Two years after the terrible incident and after a lengthy civil trial that ended with a $38 million verdict against the Baltimore police for shooting and killing Korryn Gaines in a standoff, the judge on the case shocked lots of people by throwing away the verdict. The case bears a review of…

Doctor’s Mistake Costs Patient Most Of Small Intestine

When a patient goes to the doctor complaining of abdominal pain, they may not expect it to be something serious enough to require immediate surgery. If the surgeon says the procedure can wait and goes out of town, the patient may not think it is anything urgent. Unfortunately for a patient in…

Shark Attacks At Record High In 2015

The International Shark Attack File (ISAF) recently found that 2015 was the most dangerous year on record for shark attacks. The ISAF – a database administered by the Florida Museum of Natural History and the American Elasmobranch Society, compiling details of all known shark attacks, worldwide – found that there were 98…

Medical Negligence Case Involving Athlete With Post Concussive Syndrome Challenged By Statute Of Limitations

Plaintiff Jennifer Bradley was a student-athlete on the field hockey team at American University in Washington D.C. During her third year, Bradley sustained a concussion during a match. She continued to endure symptoms of a concussion and expressed this, both verbally and in writing, to the team management and trainers. She was…

Do Surgeries On Friday Have Higher Death Rates

When scheduling an elective surgery, you may prefer to have the operation take place on a Friday. It will allow you to have the weekend to recover. Your family may also be around on the weekend to help care for you. However, a new study looked at the numbers behind the idea…

Suit Filed Against Surgeon After Patient Dies Suddenly Following Surgery For Sleep Apnea

Erik Nelson was evaluated by Dr. Brennan Dodson, owner of Bridger Ear, Nose and Throat, for obstructive sleep apnea and a persistent nasal obstruction. Nelson had been diagnosed following a polysomnogram, which is a sleep study that is used to evaluate an individual’s breathing patterns while sleeping. After the initial consultation, Dodson suggested that…

Hotel Guests Suffer Carbon Monoxide Poisoning

When booking a hotel room, most people are looking to see whether the hotel is the right price, clean, or offers free parking. However, most of us overlook the real dangers of staying the night in a hotel room. Whether staying the night for business or on vacation, one of the most…

Judge Denies Request To Dismiss Personal Injury Claims Against Pharmaceutical Company

Gilead Sciences Inc. asked a California court that various personal injury claims against them be dismissed. According to the Los Angeles Sentinel, Superior Court Judge Carolyn Kuhl has denied this request. Gilead is accused of knowingly withholding safer medications that they were aware of to maintain high profits from their TDF medications that were…

Steamroller Industrial Accidents

A steamroller is a type of heavy equipment used in construction for leveling surfaces. The name “steam roller” has stuck even though these machines are generally diesel-powered. Roller machines are large and heavy but generally move slowly. They may not seem like they would be very dangerous but every year people are…

IVC Filters

Medical Malpractice lawsuits can originate in a variety of ways, many times by way of a health care provider deviating from the requisite standard of care during a treatment or procedure which causes injury to a patient. However, another way for a medical malpractice case to gain traction is by way of…

Older Patients Often Emerge From Hospital Stays Worse Than When They Arrived

Patients are supposed to emerge from hospitals healthier than when they arrived. But a significant number of older Americans are likely to emerge more disabled after a hospital stay. “In older patients, acute medical illness that requires hospitalization is a sentinel event that often precipitates disability,” according to The Journal of the…

Plastic Surgery Trends In 2015

The American Society of Plastic Surgeons recently published a report, detailing all of the plastic surgeries performed over the course of 2015. The numbers show some fascinating changes from prior years, and some interesting trends in the types of plastic surgeries now in demand. In general, facial cosmetic surgeries such as chin…

Pawnee Nation Sues Fracking Company

The Pawnee Nation of Oklahoma was the victim of some negative effects from an oil company’s fracking practice within the region. The Cummings Oil Co. and Eagle Road Oil have both been named in a lawsuit filed in the tribal court of the Pawnee Nation for actions that resulted in damage to…

Perimenopause And Misdiagnosis

Menopause is a biological process which marks the end of a woman’s menstrual cycles. A woman is officially diagnosed with menopause after she has gone 12 months without a menstrual period. The average age for menopause in the United States in 51. Many physical symptoms accompany this change, including hot flashes and sleep disruption….

$3.75 Million Verdict For Delayed Penile Cancer Diagnosis

A federal judge awarded $3.75 million to a veteran who was forced to undergo a preventable penectomy after doctors failed to diagnose penile cancer.  Lawrence Cherry first visited VA doctors in 2009, presenting with white lesions on his legs, feet and on the tip of his penis. These were diagnosed as warts and doctors used liquid…

Patient Awarded $500,000 After Being Mocked And Insulted By Medical Staff While Sedated

Typical malpractice cases usually involve a doctor or medical staff making a mistake. Whether it be the act of prescribing the wrong medication or misdiagnosing an illness, malpractice cases oftentimes involve a physical act of negligence. But what happens when a medical professional mistreats a patient, not by their actions, but by…

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…

Maryland Trade Association Says Radiologists Increasingly Face Claims Of Medical Malpractice

The Medical Professional Liability Association is based in Rockville, MD and represents providers in the medical malpractice insurance market. The CEO, Brian Atchinson, reported that failure to diagnose (missed diagnosis) is the second leading cause for liability claims. He explains that while other problems such as medication errors and those associated with surgery have…

Death Of 32-Year-Old Man Leads To Case Of Medical Malpractice

The Lompoc Valley Medical Center (LVMC) and Dr. Hany Bashandy are facing a medical malpractice claim filed by Crystal Rodriguez in the Santa Barbara Superior Court following the death of her husband Daniel Rodriguez. The defendants are alleged to have been negligent when providing medical care for Mr. Rodriguez, who began experiencing conditions including…

Future Health Damages Linked To Early Water Contamination

We often take for granted the safety of surroundings. Toxic chemicals associated with dangerous health risks are often lurking in our water, home products, and even in our children’s toys. Last year, researches at the Boston University School of Public Health released a study in the Environmental Health journal on the health effects…

Ignoring The FDA: Bone Cement And Human Experimentation

The Food and Drug Administration (FDA) has been around for over 100 years. It is “responsible for protecting the public health by assuring the safety, efficacy and security of human and veterinary drugs, biological products, medical devices, our nation’s food supply, cosmetics, and products that emit radiation,” among other things. The FDA…

$30 Million Award To Family Of Man Who Died In Hospital Awaiting Surgery

The family of Johnny Sledge, who was 24-years-old at the time of his death, was awarded approximately $30 million after a jury found the hospital was negligent. The family brought the claim in the Tuscaloosa County Circuit Court against DCH Healthcare Authority, a regional health provider in western Alabama. Sledge arrived in the emergency…

Husband Does Not Call 911 To Prevent Wife’s Death: Maryland’s Duty To Rescue Laws

Amy and Michael Metz were walking home from a party in the early morning hours amid blizzard-like conditions; both were intoxicated. The details are vague but Amy became unresponsive along the way and her husband continued home without summoning help or contacting emergency responders. Her body was found in the snow near their home that morning. This…

New Medicare & Medicaid Reimbursement Guidelines May Increase Rates Of Malpractice

The Centers for Medicare & Medicaid Services (CMS) has revised and will be implementing some new guidelines relating to patient evaluation and management. The majority of the changes will take effect in 2021, a delay that has largely been attributed to negative reactions from physicians. These modifications to documentation, coding, and payments are being…

Georgia Slip-and Fall Case At A Chick-fil-A Restaurant

Plaintiff Latasha Hartman brought a civil action for damages against David Clark after slipping at a Chick-fil-A restaurant that he owned and incurring an injury. Clark moved for a summary judgment and the court did accept the motion. A summary judgment is applicable when there is an absence of material fact in…

Philadelphia Refinery Fire Raises Fears Over Toxic Chemicals

Last Friday, a massive fire and series of explosions at a refinery in Philadelphia, PA terrified residents, who reported hearing the explosions from miles away. The company responsible for operating the refinery, Philadelphia Energy Solutions (PES) attempted to downplay the damage from the explosions, stating that they were “thankful” that only a…

Pennsylvania Federal Court Judge Dismisses Negligence Claims Against Private School

The Milton Hershey School in Hershey, Pennsylvania faces several claims for negligence brought by former students. Judge Christopher Conner found the private boarding school did not have general responsibility for the overall social welfare of students. Conner found the school’s relationship with the minors contractual in nature and the children remain under the legal custody…

Preventable Complications Having Severe Consequences For Women During Childbirth

In the realm of medical malpractice, emphasis is often placed on birth injuries that have consequences for the newborn. However, mothers have always faced dangers associated with giving birth as well. There are roughly four million births in the U.S. annually, most of which have no complications; however, the Centers for Disease Control & Prevention (CDC),…

Pennsylvania Personal Injury Case Where Fan Was Struck By A Baseball

Wendy Camlin is the plaintiff in a personal injury suit in Allegheny County Common Pleas Court that involves injuries she sustained as a spectator at a Pittsburgh Pirates game after being hit by a foul ball. The defendants in the claim included the Pittsburgh Pirates, the Sports & Exhibition Authority, Major League Baseball (MLB), and…

Cosmetic Surgery Malpractice In Miami

With more and more people choosing to undergo surgery to fight an obesity problem, or to correct a perceived flaw in their appearance, plastic surgery has seen a huge spike in the number of procedures undertaken in the U.S. However, whether it is a stomach stapling or a butt implant or a…

Washington State Jury Awards $1.2 Million In Medical Negligence Case Involving Back Surgery

A jury in Yakima, Washington awarded $1.2 million in a medical malpractice suit brought by Emily Daley against Dr. Michael Thomas, a spine surgeon. Dr. Thomas, of Cascade Neurological Associates, performed surgery on Daley in 2011 to correct a back problem. Daley had endured scoliosis since she was a teenager and the pain worsened significantly over the…

Family Sues Doctor For Son’s Overdose

According to the American Society of Addiction Medicine, drug overdose is the leading cause of accidental death in the United States. Many of these drug overdoses involve prescription opioid pain medicines. These drugs are highly addictive. When a doctor negligently prescribes addictive pain medications to their patients, they may be held liable…

Page 7 of 19
1 5 6 7 8 9 19

    Contact Us Now


    Call 866-849-9899 or complete the form. Phones answered 24/7. Most form responses within 5 minutes during business hours, and 2 hours during evenings and weekends.





    100% Secure & Confidential

    Menu

    Generic selectors
    Exact matches only
    Search in title
    Search in content
    Post Type Selectors
    Search in posts
    Search in pages

      100% Secure & Confidential