MEDICAL MALPRACTICE AND PERSONAL INJURY LAW BLOG

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Man Sues Doctors And Hospital For Mistakenly Removing Healthy Kidney Instead Of Cancerous Tumor

A new Idaho medical malpractice lawsuit alleges that surgeons made a huge mistake while operating on a man that could have cost him his life. According to Roland Smith’s lawsuit, he underwent a procedure conducted by a surgical team at the Mountain View Hospital. Physicians Roger Tall and David Chamberlain, the defendants…

Simple Web Based Tool Reduces Medical Errors

Many doctors and surgeons are reluctant to admit that they could be involved in a medical mistake that injures a patient. However, the statistics show that medical errors are common in all types of medical treatments and surgeries. According to a research letter published in the Journal of the American Medical Association…

Detroit Area Jury Awards $40 Million Award In Medical Malpractice Case

A jury in Michigan’s Wayne County determined that Detroit Medical Center was responsible for the death of Terrea Holly, a 26-year-old woman from Detroit. The family of the college student who brought the medical malpractice action was awarded $40 million in damages. A spokesman for Detroit Receiving Hospital reinforced the facility’s commitment to delivering safe and quality…

Understanding “Tail Coverage” In Medical Malpractice Insurance For Physicians

Physicians may be changing employers or practice settings in today’s volatile health care market more than ever before. In scenarios that involve terminating, changing, renewing or extending a “claims-made” medical malpractice insurance policy, there may be a concern to address known as tail malpractice coverage. Tail coverage protects physicians from claims that…

Horrifying Allegations Against Virginia OB-GYN

A doctor who has been charged with performing a slew of unnecessary surgical procedures is being held without bond in Virginia. Federal prosecutors announced that Dr. Javaid Perwaiz performed unnecessary and unwanted surgical procedures on his patients, some of which were performed without their knowledge or permission. Perwaiz is facing multiple criminal charges of…

Study Indicates How Poor Health Literacy Leads To Costly Medical Errors

A study by CRICO Strategies showed roughly 30% of medical malpractice claims were based on some type of failure in communication. This may include a failure in sharing information or problems with interpretation. Approximately 23% of the U.S. population is deemed as having low health literacy. Of these individuals, about 30% classified their health…

Air Embolism After IV Treatment For NFL Player

It’s been a rough season for football players involving medical errors. First, Tyrod Taylor suffered a punctured lung caused by the team doctor trying to inject painkillers. Then Raiders player Trent Brown was hospitalized after an air bubble got into his bloodstream after being given a pregame IV. Hospitalization for Raiders Tackle…

Stay Safe On The Roads This Winter

As the temperature begins to drop this winter, you will want to watch out for any and all road hazards that could mean accident and injury for you. Winter road hazards can result in severe accidents. On the East Coast, winter weather shows up most frequently beginning in late January all the…

Risk Of Surgery: Fire

Patients worry about many things as they head into surgery. Will the procedure work? What if something goes wrong? What if I wake up during surgery? What if I don’t wake up ever? But of all the things that run through your head when you are having a surgical procedure done, seldom…

Lawsuit Filed Over Detroit Manhole Steam Burns

Twenty individuals who claim that they suffered serious burns to their feet and legs from hot steam emitting from manhole covers in the city of Detroit have filed a claim against contractors who they say are to blame for the burns. According to the claim, the companies named in the complaint failed to control the…

Major Liability Concerns As More Businesses Offer Delivery Service

A recent Barron’s report suggests the volume of food ordered online is likely to rise by 20% per year and by 2030 sales may exceed $300 billion internationally. Food delivery has progressed well beyond simply pizza; in fact, delivery accounts for approximately 10% of sales at McDonald’s locations that offer the service. Delivery has…

Injury After Elevator Drops Ten Floors In Kensington

Most of us have experienced a quick flash of fear when an elevator jolts or makes strange noises. Some people refuse to use elevators, even if it means climbing 5 flights of stairs. Fortunately, elevator accidents that cause injury or death are relatively rare. However, a man in Philadelphia was recently injured…

Glass Cooktops Recalled Due To Fire Risk

Tens of thousands of glass cooktops sold under a variety of popular brands have been recalled due to the fact that they are apparently able to turn themselves on, posing a fire and burn hazard. According to the U.S. Consumer Product Safety Commission, 26,300 glass cooktops were recalled this week. The cooktops have been sold…

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…

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…

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…

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…

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…

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…

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),…

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…

$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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

$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…

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…

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…

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….

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…

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. …

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…

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…

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…

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;…

Cyclist Hit By Valet Awarded $38 Million For Injuries

Late this past December, a jury in Seattle awarded a cyclist and his wife $38 million, 4 years after he was hit and injured by a valet driver who was cutting across traffic illegally. The bicyclist, Thyce Colyn, suffered traumatic brain injury and leg and pelvis damage requiring multiple extensive surgery over…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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,…

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…

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…

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…

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