MEDICAL MALPRACTICE AND PERSONAL INJURY LAW BLOG

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Should Providers Of Foster Care In Maryland Receive Immunity From Personal Injury Liability?

A bill that had already passed the Texas Senate that allows foster-care contractors immunity from personal injury liability was rejected by the members of the House. The term “foster care” describes various settings where a child may be placed outside of a home with their parents. These locations may be the homes of relatives,…

BPA-Free Products Shown To Be More Toxic Than BPA – Sluggish Regulation Of Harmful Chemicals Endangers Public Health

For a disturbing number of marketplace chemicals, the softest descriptors are “unhealthy” and “questionable.” The most austere descriptors are “destructive,” “injurious,” and “calamitous.” With effects ranging from neurodevelopmental disorders to thyroid problems, heart problems, low birth weights, and cancer, the detriments of commonly used chemicals is under-publicized and hopelessly under-regulated, in the…

Maryland Policymakers Consider Fund For Birth Injuries

A Maryland state-created task force is once again calling for the creation of a no-fault birth injury fund that would help fund costs of care for babies who suffered neurological injuries during birth. The new bill would create a fund that provides monetary compensation for families whose infants suffered birth injuries, allowing…

$6.75 Million Awarded In Tragic Wrongful Death Case Involving Wheelchair Accident

A 12-member jury in a trial in Sangamon County awarded the family of a deceased 78-year-old man $6.75 million in a wrongful death action. The defendant was Lewis Memorial Christian Village, where Robert Folder was living. The facility was found to be liable for Folder’s death after he incurred a broken neck when his wheelchair…

Commercial Auto Insurers Struggling Amid High Volumes Of Claims & Multi-Million Dollar Awards

Panelists speaking at the 2017 Risk Management Summit expressed concern about the financing of litigation, the problem with distracted driving, and many surprising high-dollar verdicts that have recently been rendered.  Brian McCarthy, of Energi Insurance Services, outlined how the commercial auto industry has been enduring losses recently amid a lengthy period of higher claims…

Malfunctioning Machinery Maims Michigander

Grand Rapids, MI saw an unfortunate incident involving the death of one Wanda Holbrook, who lost her life in an incident involving machinery she was making adjustments on. Holbrook was a journeyman maintenance technician for Ventra Ionia LLC, a company that performs stamping, molding and other services for car parts, such as…

Understanding Pennsylvania’s Mcare Patient Safety Plan Requirements

Medical negligence (malpractice) and liability laws were reformed in Pennsylvania by the Medical Care Availability & Reduction of Error Fund, which is within The Department of Health of the Commonwealth. One of the Department’s functions is to review and approve patient safety plans contained in Mcare’s section 307. Other responsibilities include receiving and investigating severe incidents…

Wrongful Death Case Filed In Pennsylvania Following Tragic Accident

Gail Shipman, the widow of Roy M. Shipman Jr., has brought a wrongful death and product liability claim against Arco Industrial Sales Inc., Arco Packaging/Janitorial Sales, and the Signode Industrial Group LLC. The complaint was filed in the U.S. District Court for Pennsylvania’s Eastern District seeking exemplary damages, interest and court costs. Roy Shipman…

Illinois Civil Suit Accuses A Bar Of Excessively Serving Alcohol To Two Customers

Two men from Plainfield, John Bailey and Alberto Delatorre, filed suit in Will County Court against Bedrocks Craft Beer & Pizza and Kevin Troesch and Jacob Ward seeking in excess of $50,000 in damages. The parties had all visited the establishment in 2016 and later that night ended up in a vehicle collision with police involvement….

Trampoline Accident Causes Stroke For Pennsylvania Child

Trampolines are an exciting present for kids, and a good way for kids to get some exercise and burn off energy. Most parents consider trampolines to be relatively safe, especially when they have a net barrier making sure the jumpers don’t fly off. Unfortunately, trampolines can present a serious risk of injury…

Statutes Of Limitations In Philadelphia Medical Malpractice Cases

If you suffered injuries that you believe were caused by a Philadelphia doctor’s medical malpractice, it’s important to speak with a medical malpractice attorney as soon as possible.  Statute of Limitations for Medical Malpractice Claims in Pennsylvania In its simplest form, a statute of limitations is a law that sets a time limit…

Potential Damages In A Medical Malpractice Case

From surgical errors to failure to diagnose a medical condition, instances of medical malpractice can have a devastating impact on a person’s life. Those who are victims of medical malpractice do have legal rights, however—a person who can successfully prove a doctor’s negligence can recover financial compensation for their injuries. If you are suffering…

Delayed Cancer Diagnosis

No matter how quickly you learn of the condition, a cancer diagnosis can turn your life upside down. When a doctor takes too long to realize that you have cancer, however, the results can be particularly devastating. If your health has been negatively impacted as a result of a Philadelphia medical professional’s…

Different States Have Different Birth Injury Damages Limits

In 2014, Deandre and Daniel Bebeau Sr., both petty officers in the Navy, were stationed in Guam. Deandre was pregnant and gave birth to their son at the U.S. Naval Hospital in Guam. During the delivery, things went wrong, and the child suffered severe and permanent brain damage.  According to the complaint,…

Electric Shock Therapy Used Against Teen Students

Electric therapy has been used as a medical treatment in various forms for decades. While there is some medical benefit to the responsible use of electric shock therapy, this generally does not involve the use of electric shocks to cause pain. Shock devices to cause pain to modify behavior has since been…

Why Do Medical Malpractice Cases Take So Long?

When a potential client comes in to find if they have a medical malpractice case, they may be surprised that taking a med mal case to trial can take 3 years or more. Why do medical malpractice cases take so long? Will my medical malpractice case take years before I get compensation?…

CTA Ordered To Pay $3 Million To Bus Crash Victim

A Chicago judge recently approved a settlement requesting that the Chicago Transit Authority (CTA) needs to pay a $3 million settlement to a man who was hit by a bus in 2018. As a result of the accident, the 80-year-old victim had to have his leg amputated above the knee. He was in a…

Father And Son Plastic Surgeons Continue After Botched Surgeries

In June 2016, we wrote about a father and son plastic surgery office facing multiple complaints of medical malpractice after allegedly botching breast surgeries for more than 150 women. After so many complaints, the victims would hope that the two doctors would no longer be practicing.  Unfortunately for the victims, 4 years…

When Driving Under The Influence Kills

A fiery car accident took the life of one driver last week in Beckley, WV. Just before 7:30 p.m. on Monday, police were called to the scene of an accident in the eastbound lanes of I-64, where two cars were on fire. The driver of one car was able to escape. It turned out…

United Medical Center In D.C. Has Obstetrics Ward Shut Down For Deficiencies In Care

The United Medical Center (UMC), a not-for-profit hospital facility in Washington D.C., confirmed that their obstetrics ward has been closed down by regulators from the District of Columbia Department of Health (DOH). The closure is apparently the result of errors and inadequate performance associated with screening, medical assessments, and delivery practices. Jennifer Devlin, a spokesperson for the facility,…

How To Become A Doctor

If you’ve been following this blog for a while now you’ve learned a lot about different errors that doctors can make when treating patients. From leaving sponges in patients to patients catching fire during surgery to plastic surgery gone wrong, we have recounted many, many stories of medical malpractice. After reading all these kinds…

Drowning Lawsuit In Pennsylvania

The family of a Pennsylvania man is filing a wrongful death lawsuit against the nearby Cedar Crest College over his recent drowning. The man, William Binder, had been swimming laps, when he was found by another swimmer at the bottom of the pool and rushed to a medical center, where he passed….

Jury In Medical Malpractice Case Awards $10 Million In Case Involving Secondary Drowning

Joanne and Mitchell Pellock brought a medical malpractice case against Mississippi Valley Anesthesiology, P.C. and were awarded $10 in damages from a jury. The defendants had refused any settlement offer leading up to the trial that involved the death of Richard Pellock, an 80-year-old husband, and father in Dubuque, Iowa. Pellock had metastatic cancer and…

Is Doctor Burnout Contributing To Medical Mistakes?

In recent years, doctors have been more vocal about the stress they feel in their jobs. Some have called burnout in the medical profession “a national epidemic.” Not only does burnout affect doctors, nurses, and others in the healthcare industry, but it affects patients as well. Doctor burnout may impact patient safety…

Why Is Healthcare In The U.S. So Expensive?

Most of us in the United States have only known the experiences of our own healthcare system. We hear about other countries and what is better and what is worse but it is hard to put it into context. One of the biggest differences is the high cost of healthcare in the…

When The Doctor Says I’m Sorry

Every day we put our health and well-being into the hands of doctors, nurses, and other healthcare professionals. Surgery or other medical treatment can be a stressful experience, and we want our medical professionals to have the experience, training, and bedside manner to put us at ease. However, when things go wrong,…

Pennsylvania Medical Malpractice Case Involving Misdiagnosed Heart Problem Settled For $3.5 Million

Kristine Coleman, a 41-year-old mother and employee of Allied Services, was admitted to Geisinger Community Medical Center (GCMC) with serious pain in her left arm and shoulder. The staff ordered cardiac testing, including a cardiac catheterization to check for blocked arteries.  Dr. Chua Fe Huang abruptly canceled the catheterization for reasons unknown,…

Woman, 59, Dies In Fall From Delaware Zipline Platform

A 59-year-old woman died this week after falling from a zipline in Delaware. She is one of a growing number of people who are killed or injured each year in zipline incidents. The burgeoning recreational activity can be found in almost every state. Yet, almost half the states have no laws governing…

Taxotere Linked To Five Deaths In France In Six Month Period

Five fatalities linked to the use of docetaxel (the chemical compound marketed as Taxotere) have occurred in France between August 2016 and February 2017. The French National Drug and Health Product Safety Agency sent a letter to oncologists across the country in February, informing them of the pattern, although the product was…

Study Shows Medical Malpractice Is The Leading Cause For Unnecessary Medical Services

A key factor in preventable waste in the realm of health care is overtreatment. The Institute of Medicine (IOM) shed light on the problem in 2010 suggesting that “unnecessary medical services” led to roughly $210 billion in annual waste. A recent study was conducted to obtain information about overtreatment from physicians, which is a topic…

N.Y. Appeals Court Rules On Entering Social Media Evidence Into Medical Malpractice Case

A New York Appellate Division heard the case of Lantigua v. Goldstein and Seaport Orthopaedic Associates, P.C recently. Plaintiff Roy Lantigua brought a medical malpractice claim which was ready for trial in 2013; however, the defense, a medical provider, cited new evidence and was allowed to execute another deposition. The evidence was…

New Jersey Train Crash Kills 1, Injures 114; Amtrak Begins Settling Lawsuits From 2015 Crash

The investigation into a late-September train crash at a New Jersey transit station became a little more complicated when the National Transportation Safety Board revealed the data recorder on the train was not functioning during the trip. A data recorder, when functioning properly, provides information on a train’s speed, use of brakes…

Report Shows Distracted Driving Accidents Are Among The Most Fatal

A new report shows that vehicle collisions involving distracted drivers are much more likely to result in significant injuries or death. The reports suggest that increased emphasis on the way roads are designed is a key to improving. Ohio State University’s Risk Institute data clearly showed this increase in crash severity, most notably in…

One Dead After Car Crash On I-95

One man is dead and another is injured after a car crash on a freeway by the Delaware-Pennsylvania border last week. On Wednesday evening, a 41-year-old man from Delaware was driving a Ford F-150 pickup truck northbound on I-95 when he veered out of his lane and hit the back of a construction truck…

VA Hospitals Reportedly Facing Numerous Incidents Of Medical Malpractice & Errors In Hiring

The U.S. Department of Veterans Affairs (VA) maintains a national system responsible for the healthcare services of military veterans. The system is divided into 23 Integrated Service Networks across the country with over 1,200 medical facilities that serve approximately 9 million. A report surfaced recently of a VA hospital hiring a physician with a…

Accidents As A Passenger In An Uber Or Lyft Vehicle

From getting a lift home after a few drinks at a bar to hitching a ride to the airport for a business trip, there’s no doubt that rideshare businesses such as Uber and Lyft have changed the face of traveling–especially in a larger city like Philadelphia. A decade ago, getting a ride…

Wrongful Death Claim In Pennsylvania Involving Nursing Home Resident With Dementia

The family of a deceased resident of Woodland Terrace, a nursing facility in Salisbury Township, has filed a claim of wrongful death in a Lehigh County Court. Audrey Penn, a 77-year-old suffering from dementia, was found dead in a ditch in Lower Macungie Township, roughly two miles away from the facility. The body was discovered several…

Third Degree Burns: The McDonald’s Coffee Case

When people call to mind a frivolous lawsuit, inevitably the ‘McDonald’s coffee case’ comes up. How much more frivolous does it get than winning millions of dollars for spilling coffee on yourself? However, this lawsuit was actually far from frivolous, yet there are still serious misconceptions about what happened in the case….

Plaintiff In Pennsylvania Slip & Fall Case Pursues Punitive Damages From Property Owner & Manager

Michael G. White brought a personal injury suit in a Chester County court against the manager and owner of the Paoli Place Apartments after breaking his ankle when slipping and falling in their icy parking lot. The defendants Westover Companies and Limes Associates were accused of having sufficient time to have corrected…

How Common Are Medical Errors?

After reading a story about a medical procedure gone wrong, you’d like to think these are isolated incidents that could never happen to you. Most of the time, your doctors and nurses operate with a level of care that is expected of their profession. Unfortunately, just about anyone can become a victim…

Potential Liability For Physicians When Sensitive Data Is Breached

Throughout the healthcare market, sensitive data that is stored electronically is being attacked by hackers and malware. Katherine Keefe, of a national insurer and risk management organization called Beazley, explains that breaches are most commonly accidental, the result of hacking, or “insider” actions. In 2017, Beazley responded to more than 2,600 breaches, which often…

Family Physician Delegates Debate “Loser Pays” Medical Malpractice Tort Reform

The American Academy of Family Physicians (AAFP) recently hosted a 2017 Congress of Delegates where one topic which was proposed and debated was “loser pays” litigation reform. Proponents think this design would help deter frivolous suits by requiring the losing party to pay the legal fees for the victorious party. Most recent…

Pennsylvania Appeals Court Affirms $3.1 Million Award For Family Of Motorcyclist Killed In Auto Accident

Plaintiff Lenora Partlow brought a wrongful death case on behalf of the estate of Calvin Wilson Jr., who was killed while riding his motorcycle when he was hit by a Dodge Durango driven by defendant Kahlile Gray. Ms. Partlow was engaged to the deceased and they had two children. A four-day trial ensued and…

New Study Suggests Granting Physician Immunity Leads To A Decrease In Instances Of Negligence

The government in recent years has implemented tort reforms in efforts to control costs and reduce frivolous claims. Malpractice insurance premiums have risen to excessive levels at times and driven some practitioners away from particular fields of medicine. Many doctors have resorted to practicing “defensive medicine,” which is believed to lead to approximately…

Doctor Surrenders Medical License Following Women’s Death After Botched Abortion

Terminating a pregnancy involves removal of the embryo or fetus from the uterus, which may be done through medicinal or surgical means. Dr. Robert Rho has recently faced more than simply civil malpractice after performing an abortion procedure where the woman ended up bleeding to death. Jamie Lee Morales wound up with a severed…

Las Vegas Court Bans Neurosurgeon From Testifying As Expert Witness In Injury Cases

Two judges in Las Vegas have banned Dr. Derek Duke, an expert witness, from testifying in their personal injury cases. Both judges find that Duke routinely delivers partial testimony in support of insurance providers. Duke’s medical specialty is neurosurgery and he earns an estimated $1 million annually by providing his opinions in cases. Timothy Williams, a…

Passenger Pursuing Personal Injury Claim Against Southwest Airlines Following Emergency Landing In Philadelphia

A recent report by a Dutch research firm revealed that 2017 was the safest year for commercial passengers on record, as zero fatalities were reported. A female passenger who recently was aboard a Southwest Airlines flight when an engine exploded is bringing a civil action claiming she has since suffered from post-traumatic stress…

Man With Spinal Stimulator Implanted Is Left Partially Paralyzed

Jim Taft had long suffered from nerve damage when his doctor discussed a possible solution using a spinal cord stimulator. He was told that it would offer potentially dramatic results. After the device was implanted it began malfunctioning. He began experiencing shocks that prevented him from sleeping and once caused him to…

Pennsylvania Safety In Youth Sports Act & The Assumption Of Risk For Brain Injuries

We previously reviewed a Commonwealth Court ruling denying a motion for dismissal of a personal injury case brought against the Pennsylvania Interscholastic Athletic Association (PIAA), which originated after three students suffered serious concussions while participating in school sports. The PIAA is an organization that oversees youth sports statewide and athlete safety is a core…

Baltimore & Maryland Recognize June As Elder Abuse Prevention Month

The United Nations implemented World Elder Abuse Awareness Day (WEAAD) in 2006. In the U.S., the month of June is recognized as Elder Abuse Prevention Month. Locally, an Awareness Day is hosted on June 15th at the University of Maryland-Baltimore County. WEAAD is to promote awareness regarding the poor treatment of older adults that…

Seven Years Later: Toxic Tort Case Results In Multi-Million Dollar Jury Verdict

Two families from Dimock, Pennsylvania were vindicated after a nearly seven-year legal battle resulted in a favorable jury verdict in early March of 2016. The jury awarded the families $4.24 million in damages for water contamination resulting from faulty wells drilled by Cabot Oil and Gas Corporation (“Cabot”), based out of Houston,…

“Failure To Train” Claim Unsuccessful In Lap-Band Case

The company BioEnterics first obtained approval from the Food and Drug Administration (“FDA”) in 2001 for Lap-Band which was designed to induce weight loss in obese patients by limiting food consumption. The device is surgically placed around the stomach in such a way that it reduces the room for food so that…

Drug Company Wins Against Taxotere Victims

Many women who undergo chemotherapy for breast cancer treatment expect temporary hair loss. However, a number of women who took the drug Taxotere found their hair did not grow back even after treatment was over. A number of Taxotere users filed lawsuits against the drug company alleging Sanofi-Aventis failed to warn doctors…

Understanding How Pennsylvania’s Mcare Program Regulates Medical Liability Insurance Providers

In 2016, Mcare paid out $174 million in covered claims based on medical malpractice. All approvals for insurers who provide professional medical liability insurance must do so based on the requirements of the Insurance Company Law of 1921. This applies to policies for medical care providers, corporations, and partnerships owned by those providing medical care. …

Doctors Sent Home Boy Who Died Of Septic Shock

Rory Staunton was a 12-year-old boy who was complaining of a stomach ache. His parents took Rory to the pediatrician and then to the emergency room. Doctors at NYU Langone Medical Center sent the family home with some medicine to soothe his stomach. Three days later, Rory died from septic shock.  How…

Beware Of Miracle Medical Treatments

In the time of COVID-19, many people are searching for the treatment that will protect them from the dangerous virus. Unfortunately, with all of the misinformation and changing directives, some people fall victim to scams or miracle cures that actually cause more harm than good. Most of these false promises will just…

4th Of July Fireworks Injuries

The 4th of July is just about here. In a “normal” year, Independence Day means outdoor barbecues and setting off fireworks. Unfortunately, this is not a normal year. COVID-19 will see a lot of people staying away from backyard gatherings, or socially distant grilling. However, a lot of people will be setting…

Wrongful Death Claim Filed After 10-Year-Old Girl In Pennsylvania Dies In Campground Accident

Stephen and Pene Shoemaker, the parents of Sarah Bella Shoemaker, have filed a wrongful death action in the Court of Common Pleas in Philadelphia County against GLE-CON, LLC and Oma’s Family Campground, LLC. The campground that was owned by Glenn and Connie Masse, was the site of a tragic event that killed Sarah, who…

How Template Usage In Electronic Health Record Systems Can Lead To Claims Of Medical Malpractice

Electronic Health Record (EHR) systems, also referred to as electronic medical record systems, are now widely adopted among the U.S. medical community. Roughly 87% of physicians who are based in an office setting use an EHR and over 75% employ a “certified” EHR which meets enhanced standards. Since 2008, the number of physicians using…

Maryland Senate Bill To Benefit Pedestrians & Bicyclists In Motor Vehicle Accidents

Senate Bill 465 addresses motor vehicle accidents that occur with pedestrians or non-motorized vehicles. In civil actions, this measure would implement a standard of comparative negligence allowing pedestrians or bicycle riders more opportunity to pursue recovery for damages in claims of negligence following collisions with motorists. A U.S. Department of Transportation report showed there…

Homeopathy And Midwife Blamed In Death Of Mother

Many mothers have been unhappy with how doctors, hospitals, and insurance companies treat them when they go through pregnancy and giving birth. They feel like doctors do not defer to their choices and do not listen to them, and as a result, they not receive the care they are looking for. This…

Understanding How Self-Driving Vehicle Technology May Reduce Accidents In Road Work Zones

Each year over 20,000 injuries and over 120 fatalities occur at road construction projects. Many incidents result from equipment that is backing up (reversing) or drivers inadvertently traveling into the work site. One tool now used for protection involves truck-mounted attenuators (TMAs). These are vehicles used as a physical obstacle that protect construction teams…

Maryland Personal Injury Lawsuits Involving COVID-19

As the number of COVID-19 cases continues to spike in Maryland and the rest of the U.S., you might find yourself or a family member affected. Maybe you contracted this virus from a visit to a hospital, or perhaps you lost a family member to it due to what you perceive as…

$47 Million Award In Federal Medical Malpractice Case In Pennsylvania Is Among The Largest Ever

Plaintiffs Ian Harker and Corradina Baldacchino were recently awarded $47 million by a jury in a medical malpractice case following a trial that lasted for several days in a Johnstown U.S. District Court. Dr. John Chan and Conemaugh Memorial Medical Center were deemed liable for injuries that left a now 5-year-old girl…

Bayer-made Birth Control Yaz Has Cost The Company Billions

Yasmin is a prescription-only birth control medication that prevents ovulation while increasing the difficulty for sperm to reach the uterus and fertilize an egg by changing a woman’s cervical and uterine lining. This type of birth control is said to be 92% to 99.7% effective. The medication is in pill form and…

Can A Third-Party Be Held Liable In A Distracted Driving Accident?

More automobile accidents are leading to litigation among those distracted by smartphones and other technology while driving. It is now estimated that distractions are attributed to approximately 10% of fatal vehicle accidents. The Fifth Circuit Court, which hears cases from Texas, Louisiana, and Mississippi, found that Apple could not be held liable for an…

Metal Fragments Left In The Brains Of Two Patients Following Surgery In Georgia

Plaintiffs Gabriel Fernando Nassar Cure & Alan M. Kozarsky both underwent heart surgery. Apparently, the equipment used in the procedures for both patients left behind metal shavings which wound up in their brains. The patients brought a medical malpractice claim, which was dismissed by a District Court and then brought to the U.S. Court of Appeals…

Hospital Faces Malpractice Suit After Attempting To Conceal A Deadly Medical Error

Barbara Dziedzic was visiting her 25-year-old son Josh at Palms West Hospital, a 204-bed medical facility in Loxahatchee, when he collapsed following removal of his IV line. Once the line was removed, he suddenly had tightness in his chest, difficulty breathing, and began convulsions. He would later die at the hospital. The Dziedzic family has since…

Settlement Of $7.8 Million Reached In Case Involving Philadelphia Construction Site Injury

Plaintiff Raymond DeMarco filed a personal injury lawsuit against Loftus Construction Inc. in a Philadelphia court after falling approximately 10 feet while working on a construction project. Loftus was the general contractor on the project. The claim asserted that a railing that was attached to scaffolding had collapsed, resulting in DeMarco’s fall. The victim…

Several Separate Negligence Cases Underway Against New York Hospital

Two recent lawsuits have emerged against the Monroe Community Hospital (MCH), a 566-bed facility, accusing the facility of negligence which ultimately led to deaths. The site was subjected to inspection 10 times between 2013 and 2017. These assessments resulted in 35 health safety violations, four of which were classified as being “actual…

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