Philadelphia Medical Malpractice

Medical Malpractice Verdict Remanded

2009-07-28T20:20:00.000-07:00

An important medical malpractice ruling where the parents of a brain damaged infant received $70 million in damages was overturned by the New Jersey state Supreme Court

The reason they tossed the verdict and ordered a new trial was because of exposed bias against medical professionals.

Also mentioned were numerous errors where expert testimony was prevented from consideration.

The baby was born with spina bofida and underwent surgery to remove a cyst near his spine, but while recuperating, his brain was deprived of oxygen for several minutes.

The trial alleged the breathing tube became dislodged and a nurse and a doctor failed to take appropriate action and that another doctor failed to train them properly.

The justices remanded the case for another trial.

Philly: Hospital Negligence Nets $2.185 Settlement

2009-05-15T07:20:00.000-07:00

A 51 year old man died from cardiac arrest at a Philadelphia hospital because doctors failed to look at his X-rays.

His widow was represented by Attorney Stephen J. Pokiniewski from the Philadelphia law firm, Anapol Schwartz. The wrongful death/medical malpractice lawsuit case had a $2.185 million settlement after a jury trial.

Although the man did receive initial emergency care upon arriving in the ER, X-rays were not read or acted on in a timely manner.

A doctor, whose first day on the job in the ER, was not properly prepped or oriented as the resident ER doctor left to go to a meeting.

The hospital’s lawyers argued that the patient failed to regularly take his meds and even with the proper treatment, there might not have been enough time to get him transferred to another hospital.

Attorney Pokiniewski argued that the victim was not given an opportunity to survive.

Patients Right to Privacy and Confidentiality

2009-02-01T06:11:00.000-08:00

Privacy and confidentiality are sensitive matters for patients. Violation and breach of either or both can become a medical malpractice legal issue.

Privacy is a person’s right to be left alone. For instance, a woman granted consent to her physician to check her HLA type for a laboratory study. Human Leukocyte Antigen (HLA) typing refers to special blood tests that determine whether a donor is suitable for a stem cell transplant.

Years later, a hospital staff member develops leukemia and requires a blood marrow transplant. He searches hospital records and finds this woman who is the right match for him. He contacts the woman repeatedly, and in spite of her disinterest requests her to donate blood marrow.

Eventually the woman sues the hospital administrator for invasion of privacy -- and wins.

Informed Consent and Medical Malpractice

2009-01-30T17:19:00.000-08:00

The Federal Patient Self Determination Act of 1990 requires hospitals to develop policies and procedures that recognize a patient’s right to accept or refuse medical treatment. In short, it means that medical professionals need to obtain informed consent from patients before doing any medical procedure. This is true except in cases of emergency where the patient is unconscious.

Today, prior to starting any treatment a three point process must be obtained from the patient. The first part is the disclosure and explanation to the patient, in language that the patient can understand, about the proposed procedure or treatment, its potential risks and benefits, and reasonable alternatives which may be available. The second part of the process involves: 1) ensuring that the patient understands what has been explained to him or her (to the best of the patient's intellectual capacity); 2) the patient accepting the risks; and 3) the patient giving his or her consent to undergo the procedure or treatment. Finally, the process must be documented.

This is complex and rife with decision making. Any missteps can result in medical malpractice.

Medical Malpractice, Patients Rights, Informed Consent

2009-01-06T09:06:00.000-08:00

Every patient has the right to be informed about a medical procedure prior to consenting to the medical procedure.

Only in cases of emergency can a doctor perform surgery without the consent of a patient. This dates back to a judgment from 1914. Consent is a three-part process and if not handled properly could result in a medical malpractice lawsuit.

For instance a woman with lupus had to undergo needle biopsy of her kidney. After undergoing the procedure, she experienced complications resulting in perforation of her gall bladder that necessitated open cholecystectomy.

The woman sued on the basis that she would have chosen a renal biopsy if she had known it was an option.

The woman won the case because she had not given informed consent. All alternatives must be disclosed to the patient even though some may involve more hazards.

Medical Malpractice: Meningitis Warning Signs

2008-11-19T09:16:00.000-08:00

July 2008 brought promising news in the fight against meningitis. A Novartis AG biologist named Rino Rappuoli may have discovered a vaccine that will eradicate meningitis B. Rappuloi has been working on the vaccine for a decade and a half and in July 2008, Novartis announced that they are entering the final stages of clinical testing.

If the testing proves that the vaccine is safe, and there is every indication that it will, then the vaccine will be provided to infants and it will protect them against most of the more than 200 strains of bacteria that cause meningitis. “Catch up” vaccines are also likely to be available for those who are beyond infancy when the vaccine becomes available. It is predicted that the vaccine will be available in 2010.

Meningitis B is a dangerous infection that can quickly turn fatal, especially in children. Children who are diagnosed are treated with antibiotics, however, the disease is difficult to diagnose and the World Health Organization has found that many people are not appropriately diagnosed or treated until the disease has progressed. As a result, a large percentage of people who have the disease die or suffer permanent disabilities.

Bloomberg reports that the New Jersey based pharmaceutical company Wyeth is also working on a vaccine because of the promise of Rappuloi’s research and the current market which is economically favorable for vaccine manufacturers.

Whether this vaccine comes to fruition and provides the necessary protection remains to be seen. However, it is promising research that is important to keep track of and may save many lives.

In the meantime, it is important that people and physicians be aware of the warning signs of meningitis and take steps to quickly and accurately diagnose the infection so that antibiotics can be administered and lives can be saved.

Are Vaccines Safe? Mercury Danger and Autism

2008-11-17T13:42:00.000-08:00

If you are a parent then you have likely sat through your share of your child’s vaccines. They are plentiful, especially in the first years of life. The vaccines prevent previously serious and sometimes fatal conditions such as polio, measles, and mumps. They also protect against common and less serious ailments such as the flu and chicken pox.

As a parent, you have also likely heard about the controversy surrounding some of the vaccines and you might worry about what vaccinations to allow and when to allow them. Your doctor may advise you based on his or her professional opinion.

However, there is so much conflicting information that many parents want to do their own research. For example, does the mercury in immunizations really cause autism? Does getting a vaccine when your child has a fever or is otherwise ill increase his or her chances of getting sick? Will your child get an uncomfortable rash or fever as a result of the vaccine? Can your child die?
Some parents argue that even if the risk is very low, it is too high. They argue that the chance of getting sick, developing autism or dying is not worth the immunity provided by the vaccine. They argue that mumps and polio are all but nonexistent in the United States and, therefore, any risk of illness is too high.

The United States Department of Health and Human Services has created a web page with information about vaccine safety. The page includes how vaccine safety is tested and monitored. It also answers some specific concerns such as the link to autism.

When making a decision as important as whether to vaccinate your child, it is important to be as well informed as possible about the benefits and risks of each vaccination.

Accutane Danger: Congenital Birth Defects, Suicide

2008-11-08T12:56:00.000-08:00

Accutane is a drug used to treat acne. It is often called a miracle drug for its effectiveness in treating acne. Acne, while an unpleasant medical condition, is not a life threatening condition. However, Accutane carries a high risk of side effects for its users and birth defects for unborn children whose mothers are using the drug.

In March 2002, Julia Green called Accutane, “one of the most dangerous products on the market today” in a article for Harvard Law School.

About one quarter of babies who have been exposed to Accutane while in uterus are born with serious congenital birth defects. Many others have serious learning disabilities and as many as 40% of fetuses that are exposed to Accutane, miscarry. According to the article by Ms. Green, there is no other medication, not even cancer treatments, which pose a risk that is anywhere close to what Accutane poses to unborn children.

Accutane is not only dangerous to fetuses during pregnancy but it is also dangerous for its direct users. Users may suffer from depression and even try to commit suicide. Other severe mental illnesses such as psychosis may develop in Accutane users.

Accutane users may also suffer from serious physical conditions such as liver, colon, and kidney damage. Stroke, heart trouble, and brain damage are also possible side effects of the drug.
The FDA is well aware of the risks associated with Accutane and has revised its label. However, should the drug have ever been approved or was it a failure of the FDA that allowed such a dangerous drug to enter the market?

It is important that all users, especially young adults who suffer from acne and turn to Accutane, be aware of the potential serious side effects of the drug and question any doctor who prescribes about warning signs to look for when taking the drug.

Gastric Bypass Surgery and Medical Malpractice

2008-11-03T12:29:00.000-08:00

Gastric bypass surgery is often a last resort for obese people who need to lose weight. Many patients seek this treatment because they need to lose weight in order to be healthy or in order to maintain a decent quality of life. It is a serious surgery and not one that is typically undertaken for cosmetic reasons.

The surgery, also known as Bariatric Surgery, is a process by which the stomach is made smaller. The stomach holds less food, patients do not eat as much food and the weight comes off a person’s body.

For some patients, the surgery is a Godsend. After years of failed diets and exercise programs they are suddenly starting to drop the extra pounds and the chronic health conditions that often go along with obesity.

The surgery is not without risks. Because of the risks, many hospitals employ a team of gastroenterologists, nurse practitioners, internists, dieticians, nutritionists, and psychologists to treat their patients.

The risks of gastric bypass surgery are well documented and patients are well informed prior to the surgery. However, what most patients do not know is that, there is also a high risk of medical malpractice associated with gastric bypass surgery because doctors are seeing a demand for this surgery and they are jumping on board to fill that demand without getting the proper training for this complex surgery.

A new alternative to gastric bypass known as the lap band surgery is also becoming popular. Some doctors are comparing lap band surgery to cosmetic surgery in order to encourage patients to have the procedure. This procedure is relatively new and all of the risks are not yet known.

It is important for patients considering either gastric bypass or lap band surgery to seek out a qualified physician and to consider all of the risks prior to surgery.

Prescription Errors and Medical Malpractice

2008-10-31T12:15:00.000-07:00

Just how common is it for your doctor to write you the wrong prescription? Whether you are prescribed a medication that is unsafe for use with your other medications or a dose that is too strong or too weak, the effects can be devastating.

It’s estimated that about 7,000 people die annually as a result of prescription errors. The error rates are much greater for children than adults and the cost to the country is estimated at around $77 billion a year. Clearly, it is a problem that needs to be addressed.

The errors can be as simple as a missing decimal point. For example, a missing decimal point could mean that 5 mg, rather than .5 mg of morphine are given to an infant. Or it can be a case of illegible handwriting on the prescription pad that causes a pharmacist to provide the patient with the wrong dose. Or the causes can be more complicated because some patients, particularly elderly or very ill patients, are under the care of several doctors and are taking several medications. If all of the doctors don’t know all of the medications and their dosages they may prescribe medications that are incompatible with each other.

Whatever the reasons, the effect is the same and often discomfort, pain, serious illness, or even death. For those reasons, many doctors, hospitals and pharmacists are using computer-based prescription programs that minimize the risk of prescription errors.

As the patient, or an advocate of the patient, the best thing that you can do is clarify the prescription order with the physician who is prescribing it and again with the pharmacist to ensure that you will be taking the right medication and the right amount of that medication.

Philly: Cosmetic Surgery and Medical Malpractice

2008-10-23T22:15:00.000-07:00

Medical Malpractice and Cosmetic Surgery

When cosmetic surgery works, it can be a beautiful thing but when it doesn’t – it is considered medical malpractice.

Cosmetic surgery (also known as plastic surgery) offers improvement but not perfection even though the advertising might tell you otherwise. If you fantasized looking like Angelina Jolie and you look like yourself only better, this is not cause for a medical malpractice lawsuit. However, if you look like Frankenstein’s twin sister that could be considered cosmetic surgery gone wrong or medical malpractice.

If you have to go under a general anesthetic surgical risks apply. It also depends on your condition and well being. If you are overweight or have serious maladies, you are more at risk for repercussions such as blood clots and other complications like skin breakdown, needing a transfusion, and getting an infection.

Do your homework. Cosmetic surgeons spend a lot of money advertising their services. Ask for contacts of satisfied customers and if possible meet with them to view the results yourself and make sure they are not shills.

Research various procedures and ask intelligent questions. If you don’t like the answers, move on to the next plastic surgeon. Most of the procedures are done in a separate medical center not at a hospital. Ask how they handle unwanted life threatening emergencies. Ask how many of the same procedures they have done. Find someone with expertise not a newbie.

If you live in Philadelphia and surrounding areas have been disfigured or suffer serious injuries from cosmetic surgery gone wrong, please consider contacting a Philadelphia medical malpractice law firm to find out how they can help you.

The Importance of Knowing Your Rights in Tough Economic Times

2008-10-20T05:15:00.000-07:00

Attorney Sergei Lemberg, who specializes in automotive lemon law, is sitting in the guest blogger’s chair today.

With the federal government bailing out Wall Street, it’s natural for people to be frustrated and angry about the impact that this “rescue package” will – or will not – have on the financial struggles they’re facing. What many people don’t realize is that there are existing laws can help ease their economic burden.

If you’re fighting medical malpractice, chances are good that you’ve faced an extraordinary amount of medical bills. If you’ve purchased a car in the past year or two, it’s probably tough to find the money to make payments. If that car turns out to be defective, you’re faced with a double whammy – car payments and repair bills. Thankfully, every state in the U.S. has what’s called a “lemon law,” designed to protect consumers who have unknowingly purchased defective vehicles.

Pennsylvania lemon law covers new passenger cars, SUVs, vans, and trucks that are purchased or leased in Pennsylvania, as well as used cars that are sold by dealers within one year or 12,000 miles of the original purchase (whichever comes first). It only covers vehicles that are driven for personal (as opposed to business) use.

Although it doesn’t cover minor defects (like a non-working stereo system), the lemon law does force the manufacturer to stand by its product. In order for the lemon law to apply to new vehicles, the defects have to occur during the first year from the original owner’s delivery date or 12,000 miles on the odometer (whichever comes first). In addition, the vehicle must have been taken in three times for the same problem or out of service for a cumulative total of 30 days for a series of unrelated problems during the first year or 12,000 miles.

If you think you have a lemon, you can either take part in the manufacturer’s dispute resolution process or go to court. Before you begin, though, you should have a lemon law lawyer by your side. After all, you can be sure that the manufacturer’s team of legal eagles will be there to fight your claim every step of the way. The good news is that, if your claim is successful, the manufacturer has to pay your attorney fees. Often, with the help of a lawyer, you can get a refund, replacement vehicle, or cash settlement without having to go through the entire lemon law process – and get your attorney’s fees covered in the process.

Medical Malpractice Cases in Philadelphia

2008-10-16T15:12:00.000-07:00

Accidents happen. Yet, they should not happen in a hospital or medical setting. This is considered medical malpractice.

When medical malpractice occurs in Philadelphia, the best decision a person or family can make is to hire a law firm devoted to medical malpractice, personal injury, and wrongful death lawsuits.

Medical malpractice happens every day in the United State; Philadelphia is no exception. Here are some fairly common medical malpractice situations to be aware of:

--Patients are administered the wrong drugs (mislabeled or badly labeled) not listed on their charts
--Patients are administered drugs that they are allergic to
--Patients charts and coded bracelets get mixed up
--Laboratories mix up lab results endangering patient outcomes
--Patients contract deadly infections in the hospital
--Patients have had the wrong breasts/limbs removed or wrong side of the brain operated on
--Patients leave the hospital with inadequate knowledge of take home drug reactions
--Pregnant women don’t receive adequate pre-natal care and evaluation to anticipate risky births and there is no advance planning for such births during delivery. Inexperienced residents instead of specialists are left to cope with these emergency situations
--Doctors don’t communicate to nurses or don’t respect their opinions further putting patients at risk

This is just a sample; the list is endless.

We hope you or your family never need a Philadelphia medical malpractice law firm but if you do – consult with Anapol Schwartz as they fought for many case settlements on behalf of people just like you.

Who is at Fault in Medical Malpractice?

2008-08-15T06:37:00.000-07:00

Patients who hurt themselves would have a difficult time proving medical malpractice.

If you can enter a hospital in order to receive care for an illness your main purpose is to get better. However, after receiving treatment at the hospital you notice that you are getting progressively worse. So, you believe you are the victim of medical malpractice. In fact, you may very well be. For example, the doctor may prescribe the drug that can lead to kidney damage and the potential for wrongful death. So, if you end up with kidney damage as a result of the prescription then you may very well be able to seek damages. After all, it was the prescription because the kidney damage. Or was it the anabolic steroids that you had taken when you were younger?

Yes, you can see the complexities here. One very common defense for medical malpractice is trying to prove that any injuries that appeared after receiving care were not the result of malpractice. Instead, the injuries occurred due to the patient's own negligent behavior. So, what did actually cause the kidney damage? Was it the doctor's prescription or was it prior years of steroid abuse? If it was the steroid abuse your case is worthless. However, you have expert testimony proving it was the prescription that caused the kidney damage. Granted, the plaintiff will also provide expert witnesses attesting to his version of the situation. So, who is right here?

Since we're only discussing the situation in the hypothetical you can answer the question any way you are inclined. However, it is important that you understand the true moral here: medical malpractice cases are not always cut and dry. So, you may have to get ready for a long and drawn out court case. This is just the direction some of these cases may take. Needless to say, this is why it is always critical to retain the best possible medical malpractice attorney available since such an attorney can handle the multitude of complexities associated with a medical malpractice case. There is more than one way to win or lose a case. That is why retaining a qualified attorney is critical.

The Traits of a Good Philadelphia Lawyer

2008-07-28T14:02:00.000-07:00

The traits one should look for in a lawyer are provided below.

The term Philadelphia lawyer has come to mean a lawyer of exceptional skills and ability. But, not every lawyer in the actual Philadelphia geographic region would be the best lawyer for your particular case. Different lawyers have different backgrounds and approach each case differently. So, how do you know which lawyer would be the best to handle your particular case? There are few criteria a client could follow and they are well worth examining….

Experience. Experience counts in every profession and the legal field is no exception. That means you should select a lawyer who has been practicing law for many years. Also, it is important to select a lawyer that has significant specialized experience in the particular legal area you require.

Method of Payment. It is also important to select a Philadelphia lawyer that offers a payment plan that suits your particular needs. Whether you are looking to pay via a contingency, a flat fee, or by the hour you will want a lawyer can meet such requests. This will allow for the smooth flow of legal representation not hampered by payment problems.

Free consultations. Free consultations are also important because they allow the ability to sit down face to face with the attorney and discuss the particulars of a case. In such a meeting, a client can get a feel for whether or not the attorney is the right attorney for the case. Also, you can discuss the particular merits of the case and what is the best option for going forward. Actually, you can pretty much discuss whatever you feel is relevant in the meeting. That is what the meeting is there for.

Of course, these three criteria are not the only criteria one can use. Actually, any criteria that are important to you can be examined. The main thing to seek, however, is an attorney that truly fits your needs and will serve your case well. The aforementioned three criteria provide a great help for selecting such an attorney.

Two new heart devices offer safer solutions to living with coronary heart disease.

2008-07-23T05:40:00.000-07:00

A revolutionary heart saving medical device called the Heartmate II (sounds like a dating service) have been successfully implemented to a patient who was waiting for a heart transplant. The Heartmate II is being tested for long term use.

What makes the Heartmate II so special is that it’s only 2-3 inches in length and 1-2 inches in diameter compared to other bulkier heart devices. The heart device is driven by electricity with a small drive line supplying the electricity. The Heartmate II pumps normal cardiac output or can totally replace the output on the left side of the heart.

An upgrade from the Heartmate I, that could one day be used as, what medical experts refer to: Destination Therapy, it's currently being tested for long term use.

Currently it’s a device to be used while waiting for a transplant but that could change in the future but someday may replace heart transplants altogether.

An 80-year-old woman is the first person to be successfully treated with a new heart device to create a hole in the cardiac atrial septum allowing cardiac catheters to cross from the right side of the heart to the left side.

The woman suffered from atrial fibrillation where the heart beats out of synch causing poor blood flow further causing shortness of breath, weakness, and confusion.

The NRGTM Transseptal needle is designed patients like whose previous procedures make it dangerous or impossible to cross the septum safely with the traditional needle. Instead of using uncontrolled mechanical force, this new insulated transseptal needle has a closed end that safely delivers radiofrequency energy to create a small hole in the atrial septum, allowing the needle to pass to the left atrium with increased efficacy and control.

The patient recovered quickly and resumed enjoying life again.

Sources
http://www.katv.com/news/stories/0708/536786.html
http://www.sciencedaily.com/releases/2008/07/080716150815.htm

You Need A Brave Heart To Read These Medical Malpractice Statistics!

2008-06-17T09:59:00.001-07:00

Here are some medical malpractice statistics that will stun you. As per the latest findings of Healthgrades, around 195,000 hospital deaths in the year 2000, 2001, and 2002 each in America was a result of medical malpractice. Researchers scrutinized 37 million records of patients. They used models of mortality and economic impact given by Dr. Chunliu Zhan and Dr. Marlene R. Miller. The study was published in the October 2003 issue of the Journal of the American Medical Association (JAMA).

In 1999, the Institute of Medicine (IOM) had published in a report that about 98,000 deaths were caused every year due to medical malpractice and this should be regarded a serious national issue. In 2006, a follow-up of this report of IOM was released. The medical malpractice statistics of this report revealed that errors in medication were one of the most common errors by doctors. It harmed a minimum of 1.5 million patients annually!

This report also stated that every year, 400,000 preventable injuries related to drugs take place; 800,000 injuries occur in long term care settings while about 530,000 errors occur in outpatient departments. In 2000 alone, the additional medical expense incurred on drug related injuries amounted to approximately $887 million! These medical malpractice statistics focus only a subset of clinic visitors. Imagine how wide the figures would be when taken as a whole!

Medical malpractice cases - Medical malpractice - medical malpractice lawyer

2008-05-27T05:45:00.000-07:00

Most of the medical malpractice cases are won by doctors, and not victims. It’s truly a hard battle in the court for the victims of medical malpractice.

Medical Malpractice Cases Are Not Easy To Win

Medical malpractice cases are tough for the victims to win. Recent reports reveal that about two-thirds of total cases are won by the defendant. It’s truly a difficult job for the medical malpractice lawyers, as they must prove negligence on the part of the doctor as well as damage incurred due to the negligence. But, that doesn’t mean doctors can have their own way.

On the contrary, doctors and medical organizations are reluctant to take risks when it comes to treating the patients. Hospitals are liable for any step undertaken by its staff. This includes carelessness by doctors. Medical malpractice cases become a noose around the neck for the health care providers when the issue is not about what the doctor did, but what he or she did not do. Say, a doctor might not have diagnosed the disease altogether and the patient may have died due to the same disease for which he or she visited the doctor. Had the doctor diagnosed the medical condition of the patient, he or she would have been alive.

Although it sounds disheartening to know that in large number of cases, the jury perceives medical malpractice cases in favor of defendant, health care providers are concerned about malpractice. This is because millions of dollars are awarded for damages for every discovery of
medical malpractice. That’s why we’ve huge insurance policies. To win medical malpractice cases, you need a strong claim and a smart medical malpractice lawyer. If even one of them is missing, your defendant wins.

Lawyers Practices In Medical Malpractice - Medical Malpractice - Medical Consultant

2008-05-20T07:16:00.000-07:00

It helps to know lawyers’ practices in medical malpractice. Such cases should be handled with caution, as they are complicated.

A Glimpse Of Lawyers Practices In Medical Malpractice

Lawyers Practices In Medical Malpractice plays an important role in suing your doctor. And, it’s not always easy to find a good lawyer; as such cases are often expensive, cumbersome, complicated, and hard-to-win. If you often get the answer, “It’s a good case, but I have no time,” it means you have a weak case. Generally, lawyers refrain from arguing with their clients that there’s no substance in their case and find it better to show time-constraint.

Lawyers’ practices in medical malpractice are different from other lawyers. About 90% of the cases hardly see the courtroom. They are settled out-of-court. And there are higher chances of settling the case over coffee in a restaurant than winning it before the jury. Usually, the lawyers agree to take up medical malpractice cases on contingency basis, which means you pay nothing as up front fee. However, you might have to give about 30%-50% of the compensation that you receive to your lawyer.

During the first meeting, your lawyer may ask you to sign release forms. It gives your lawyer and other experts the right to use your medical record. Normally, lawyers hire a medical consultant to check out whether there’s proof of negligence. In case there is, they call a specialist to testify whether your case is worth going to court or not. It may take years for your case to settle in court. During this time, you may either hear from your lawyer everyday, or not hear from him or her for weeks. This is just a glimpse of lawyers’ practices in medical malpractice.

Philadelphia Medical Malpractice - Medical Malpractice - Philadelphia

2008-05-13T06:21:00.000-07:00

Philadelphia medical malpractice might hit closer to home than you think. If you or a loved one has suffered as a result of medical negligence, it's time to take charge.

Have You Been The Victim Of Philadelphia Medical Malpractice?

It's sad to note just how many people become scarred by Philadelphia medical malpractice each year. The main reason for this is the fact that some people just aren't aware of their rights; even if the doctor or medical institution is at fault, many people are not even aware that they can take legal action. Another reason is the fact that a lot of people just aren't aware of how common medical malpractice is. Shocking tales of negligence have occurred from the ER to the labor and delivery room.

So how can you tell if you've been a victim of Philadelphia medical malpractice? Just ask yourself these simple questions: did your condition start from a patient-provider relationship? Did the patient suffer from negligent care? As a result of this negligent care, was the patient harmed or did they suffer in any way? If you’ve answered yes to these questions, then you have a case for malpractice.

Remember that Philadelphia medical malpractice also includes issues like misdiagnosis. You should also be aware of something called 'informed consent'- this means that the medical provider is obligated to inform you of the complete risks involved before getting your consent for a procedure. Some hospitals have even engaged in using patients as testing grounds for experimental drugs- if you feel this has happened to you, you can take legal action.

Unfortunately, medical malpractice comes in many different forms. If you are aware of them and feel you have suffered because of medical negligence, speak to an attorney immediately. Make sure you take your complete medical records with you. The best way to deal with Philadelphia medical malpractice is to take immediate action.

Medical Malpractice List: Do You Where Your Doctor Is?

2008-05-12T03:24:00.000-07:00

Sixty percent of doctors were placed on the New York medical malpractice watch list because of concerns about their professional conduct, regarding medical mistakes or patient complaints.
The other 40 percent were on the list because of alcohol or drug abuse, anger management, or mental health issues. The percentage of doctors being monitored in New York was twice the national average and seventh highest among all states.

The higher number of doctors reflect good programs not bad doctors. New York has a lower burden of proof than some other states for substantiating complaints against doctors and taking action against them.

Doctors are not being monitored because they jaywalked. Doctors are being monitored because of substance abuse, sexual abuse, or misconduct. Patients should know that in advance before going to see their doctor.

If the board decides the doctor should be monitored, the supervision can take a number of forms. In some cases, monitoring follows a temporary suspension of a license. Doctors are typically monitored for three years if they have a professional conduct problem and for five years for impairment.

A recent report found that serious disciplinary actions from revocations to suspensions of licenses were declining nationwide at medical boards.

Source: NY TIMES

The Common Treatments for TBI

2008-05-11T08:56:00.000-07:00

A brief overview of TBI treatment is presented.

While it is true that traumatic brain injuries are serious this does not mean they are untreatable. Yes, it is accurate that certain traumatic brain injuries may contain residual effects that are to one degree or another is incurable. However, many greats strides have been made in regards to treating traumatic brain injuries. Of course, treatment for traumatic brain injuries is not uniform in the sense that one treatment will be appropriate to all sufferers. As such, there is a need to select the proper treatment based on the patient's personal, individual case. This is not to say there will be no instances of medical malpractice infvolving improper diagnoses or medication errors. If such instances do occur, a lawsuit or a traumatic brain injury claim could be initiated. Seeking the right lawfirm is critical in such incidence.

First and foremost, when a traumatic brain injury occurs, it becomes critical to visit a trauma center. Such medical facilities are properly equipped for dealing with the immediate serious problems that may surround a recent brain injury. For example, internal bleeding may occur on the cerebral level and a trauma center would be able to effectively deal with such a problem whereas an urgent care center may not be appropriate. Immediately after treatment in a trauma center there will be a need for follow up treatments based upon an appropriate analysis of the severity of the brain injury.

A rehabilitation center becomes the general next stop on the treatment plan. With a rehabilitation program, physical and psychological rehabilitation will occur. This can include various exercises designed to regain motor skills combined with speech pathology programs and cognitive skills enhancement. The goal of these treatment plans is to return an individual to as close as a level prior to the onset of the injury as possible. However, this may not always be possible. Ultimately, it depends on the severity of the traumatic brain injury symptoms.

If the person has achieved significant progress then continual visits to an outpatient care therapy program will be needed. But, if the injury is extremely serious then the next step in the treatment plan may require living in an assisted living care center. Again, the severity of the injury and its response to initial treatment will often dictate what future treatment will be employed.

The Future of Pennsylvania Medical Malpractice

2008-04-22T07:33:00.000-07:00

A couple of malpractice insurers, PMSLIC and Medical Protective, are writing policies in Pennsylvania again. Some predict that the medical malpractice crisis in PA is over.
The number of medical malpractice filings and big-dollar verdicts in Pennsylvania declined in 2007. Medical malpractice fell statewide from approximately 2,600 in 2000 to 1,600 in 2007. In Philadelphia alone the number of medical malpractice filing fell 1,085 in 2000 to 586 in 2007. Is Pennsylvania losing its reputation as a rough place for doctors to practice?

The court rules require that such litigation can only be undertaken in the county where the cause of action arose and that a certificate of merit must be filed stating the opinion of a licensed professional that there is reasonable probability that the defendants deviated from the accepted standard of care. This initiative seems to be paying off for the medical community.In 2006, a report showed that the tort system in Pennsylvania is adequate and that the so-called medical malpractice crisis is at an end.

Source: http://www.thelegalintelligencer.com

New Jersey Hospital Introduces New Procedure Post Gastric Bypass Surgery

2008-04-17T08:56:00.001-07:00

Monmouth Medical Center is one of the first hospitals in the United States and the only hospital in New Jersey to offer a new incision-less procedure to reverse weight gain after gastric bypass surgery.

The incision-free procedure dubbed Restorative Obesity Surgery, Endolumenal or ROSE reduces the size of a patient's stomach pouch and stoma to the original post-gastric bypass proportions to help them back onto the path of weight loss.

Sometimes, through no fault of their own or their surgeon, the benefits of the bypass procedure are not permanent. Revision options have been expensive, difficult to perform, and risky for the patient, effectively leaving them without any treatment options. The new incision-less procedure offered at New Jersey’s Monmouth Medical Center offers a less invasive way to correct a key cause of weight regain.

Gastric bypass surgery offers the most effective means possible to lose weight but is not always a permanent fix. Up to 44 percent of patients who undergo gastric bypass begin to regain weight a few years after their initial operation.

Studies show that post-gastric bypass weight regain sometimes occurs because the stomach pouch and the opening to the small intestine slowly stretch out, allowing the patient to eat more without feeling full. Invasive procedures to restore the anatomy to the original post-surgery proportions have been too complicated and dangerous for most patients, leaving them without any feasible treatment options.

By eliminating skin incisions, this new procedure may provide important advantages to patients including reduced risk of infection and associated complications, less post-operative pain, faster recovery time and no abdominal scars.

Ideal patients for the ROSE procedure are patients who were initially successful losing weight after their gastric bypass and now are regaining weight. After an initial screening, candidates undergo a series of evaluations including nutritional and dietary counseling, a full medical exam and endoscopy to determine if they are good candidates.

http://biz.yahoo.com/prnews/080408/nytu045.html?.v=101

Surgeon Mistakes - Wrong Kidney Removed

2008-04-14T10:24:00.000-07:00

In mid March, a surgeon mistakenly removed a patient’s wrong kidney. While the cancerous kidney was left in place, the mistake was realized when the healthy kidney was examined by the pathologist. Hospital protocols such as a ‘time out’ before surgery and marking the body with permanent marker prior to surgery are universally in place to prevent such mistakes. However, in this case, a paperwork error prior to surgery predicated the event.

In 2006, a national healthcare quality advisory group, the National Quality Forum, released a list of 28 events that they termed "serious reportable events", extremely rare medical errors that should never happen to a patient. Often termed "never events", these include errors such as surgery performed on the wrong body part or on the wrong patient, leaving a foreign object inside a patient after surgery, or discharging an infant to the wrong person. These events are rightfully rare in occurrence.

These most serious of medical malpractice events are obviously tragic. In these cases, patients and their families would be advised to seek the counsel of a reputable attorney to assist them in navigating the resolution of such events.