MEDICAL MALPRACTICE AND PERSONAL INJURY LAW BLOG

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Maryland Court Of Special Appeals To Rule On Potential Change To Standard Of Care For Medical Malpractice

American Medical Association data shows that merely 7% of medical malpractice claims reach a trial verdict, and in these cases, the defendant prevails approximately 87.5% of the time. A pending decision by Maryland’s highest court could change the standard that jurors will be instructed to use in evaluating these cases. Mark Armacost brought a…

Judge Grants Motion To Reduce $47 Million Award In Pennsylvania Medical Malpractice Case

Corradina Baldacchino and Ian Harker were parents that became plaintiffs in a medical malpractice case in U.S. District Court in Johnstown. A jury awarded the parents $47 million, among the largest in Pennsylvania state history. The defendants, Dr. John Chan and Conemaugh Memorial Medical Center, were shown to have demonstrated negligence resulting in the…

Physicians Facing Medical Malpractice Moving To Other States

Dr. Larry M. Isaacs inadvertently removed a patient’s kidney during what was intended to be a colon procedure in Louisiana. While in California practicing, he extracted a fallopian tube instead of an appendix. While next practicing in New York a medical regulatory agency sought to discipline him for surgical mistakes he made…

Understanding Potential Medical Malpractice Liability Involving “Curbside Consultations”

Dr. Stephen J. Gluckman is a medical director at Penn Global Medicine and a professor of medicine at the Hospital of the University of Pennsylvania. Gluckman recently made a presentation at the American College of Physicians Internal Medicine Meeting. He discussed what is referred to as “curbside consultations.” These are informal conversations associated with…

Fatal, Mulitple Car Accident Results In Lawsuit

Elyria, Ohio was the site of a recent accident which claimed the life of a young girl this past January. The case involved a driver who was accused of operating a vehicle while intoxicated. The driver, Donald Buchs, initially faced charges for DUI, however, these charges were later dismissed by law enforcement…

Are New Advanced Vehicle Safety Features Leading To More Accidents?

Joe Stergios, with Enterprise Fleet Management, explained that for the first time in many years the “driver and passenger safety metrics are headed in the wrong direction, even as vehicle safety equipment improves.” The tremendous wave of new vehicle safety features seems largely off-set by the problem of distracted driving and the…

How Altering Existing Medical Records Can Cause Major Problems In A Maryland Medical Malpractice Case

Medical records are a critical aspect of the medical practice. Without accurate and detailed notes, there would be no continuity of care between visits or sharing of information between different physicians caring for the same patient. The Centers for Disease Control & Prevention (CDC) says over 86% of physicians have their patient records stored in…

Understanding Washington D.C.’s Mandatory Dispute Resolution Program In Personal Injury Cases

The vast majority of personal injury cases are resolved without proceeding to trial; otherwise, courts may be incapable of managing the volume of claims. In 1976, Harvard Professor Frank Sander presented a concept to assist courts in managing their demanding case volume. The idea termed the “multi-door courthouse” meant courts would transition all cases through an…

Most Common Hospital-Acquired Infections In The U.S.

Patients go to the hospital or clinic to get help for their medical conditions. Unfortunately, showing up to a healthcare facility puts the patient at risk of getting an infection that they may not have had if they had stayed at home. Infections that spread through medical facilities can cause serious injury…

Injury Liability For Slip & Fall On Icy Washington D.C. Sidewalks

This time of year the District’s roads and sidewalks may be treacherous to pedestrians with the presence of ice and snow. This is particularly a hazard to senior citizens and individuals with certain physical disabilities. Clearing sidewalks improves the safety of the community. Falls can result in serious harm such as traumatic brain injuries,…

Multiple Hospitals And Physicians Fail To Diagnose “Flesh-Eating” Disease Leading To Ohio Man’s Death

An Ohio man’s family is suing a local hospital as well as a handful of emergency medical professionals and groups who failed to properly diagnose him while he was in their care. His family alleges these oversights are what led to his debilitating condition and untimely death. According to his family’s lawsuit,…

Some Doctors Do More Harm Than Good

Medical malpractice claims are applicable only to medical professionals and patients who are in a mutually consented physician-patient relationship. Doctors in this relationship are required to provide a specific standard of care to their patients, and breaking that care can result in injuries and malpractice cases. But what about doctors who offer…

Sleep Apnea Surgery For Child Ends In Brain Damage

When parents find out their child is suffering from a condition that makes it difficult to breathe, they want to do all they can to give their child the best chance at a healthy life. When doctors recommend surgery, the parents are confident that their child will be in good hands and…

Prescription Opioids Face Cutbacks

Earlier this month, the Center for Disease Control (CDC) released new guidelines for prescribing opioids for chronic pain in an effort to lessen widespread abuse of opioids. Opioids are a class of drugs that include a number of illicit drugs, as well as prescription pain relievers like oxycodone, hydrocodone, codeine, morphine, and…

Pennsylvania Correctional Officer At Federal Prison Files Claim Of Negligence For Failure In Handling And Disclosure

A federal correctional employee is going to potentially be given another opportunity to recover damages from the U.S. Justice Department. Randall L. Spade is a correctional officer at the Lewisburg Federal Penitentiary, which according to the Bureau of Prisons (BOP) is home to 1,200 “high security” inmates. A U.S. Circuit Court of Appeals reinstated the…

A Model In New York Brings A $5 Million Personal Injury Case Against A Hair Stylist

Michelle Kalinkina, a 23-year-old professional model, was participating in a haircutting and styling event at the Jacob Javits Convention Center in New York City when she was injured by her hair stylist. Martino Cartier, a stylist and operator of Bersheart LLC, was allegedly cutting Kalinkina’s hair when he cut her neck with a pair…

Baby Left Blind After Doctor Removes The Wrong Eye

Eye surgeries can be some of the most difficult operations for a patient to undergo. Eye surgeries in children can be especially frightening and nerve-wracking for parents. When the parents of a young child took their 14-month old baby in for surgery to remove a tumor on his eye, they thought it…

Improperly Cleaned Medical Scopes Leave Patients Open To Infection, New Study Says

An accidental discovery by medical researchers has identified a common practice by gastroenterologists that could leave patients open to infections from contaminated medical scopes. The research team was studying cleaning techniques for colonoscopes and gastroscopes when they noticed a cloudy, white, viscous fluid inside several scopes that had been disinfected and prepared…

Icy Sidewalks Can Cause Injury! Know Your Rights

If you slip and fall on an icy sidewalk this winter, and you are injured as a result of the fall, you may be entitled to compensation. Specifically, you may be able to recover the costs of your medical care, your time away from work, pain and suffering, prescriptions, and other costs…

Woman Posing As Plastic Surgeon Sentenced To Just One Year In Prison

Nearly three years have passed since officials conducted a “raid” on a Florida cosmetic surgery office, where patients unknowingly underwent procedures by unlicensed personnel. As to be expected, these procedures were often horribly “botched,” with one woman receiving a breast enlargement when she sought a reduction and another forced to have her…

Family Of 77 Year Old Poisoned By Carbon Monoxide Awarded $250,000 In Wrongful Death Claim

This week in Pennsylvania, a jury awarded the family of deceased 77 year old Sandra Trolio $868,000, which included $750,000 for pain and suffering. The family brought the wrongful death claim against the Westmoreland county housing authority which owned the building in which Sandra died from monoxide poisoning in February of 2013….

Supreme Court Orders Review Of Misinformation “Injury” Case

This week the Supreme Court ruled that the Ninth Circuit failed to fully consider the question of the “concreteness” of an injury complained of by a plaintiff in a cause of action for invasion of privacy. Plaintiff Thomas Robbins filed a case against the “people search engine” website Spokeo, Inc. after discovering…

Back Porch Surgery And Infections

Even with cleaning procedures and sterilization protocols, hospitals can be a breeding ground for bacteria and viruses. Hospital-acquired infections are common for patients, especially those with compromised immune systems. It should not come as a surprise that a medical board would look down upon a surgical procedure performed on a back porch.  …

Doctor Punctures Lung Of NFL Quarterback

Tyrod Taylor was about to start off the season as the new Los Angeles Chargers’ quarterback. Before the second game of the season, a team doctor was going to administer painkillers to Taylor’s chest for a cracked ribs injury. However, instead of inserting the needle into the tissue around the rib, the…

Veterans Suffer Infections At VA Hospitals

The Department of Veterans Affairs (VA) is supposed to provide medical care for veterans who have served in the military. This includes injuries that happened as a result of military services as well as other health conditions that affect veterans after service. This is supposed to be one of the benefits of…

Were You Were Treated By A Doctor Or PA?

When a patient is receiving care in a hospital or clinical setting, the patient may have dozens of doctors, nurses, and various specialists coming in and out. It can be confusing for patients to know what each person is doing and who is in charge. When something goes wrong and causes a…

Woman Suffers Unnecessary Hysterectomy

In 2009, Kelly Currie learned from her doctor that she was diagnosed with cervical cancer. Doctor Kris Ghosh recommended a complete hysterectomy, which involves removal of the cervix, uterus, fallopian tubes, and ovaries. Currie took her doctor’s advice and underwent the operation. However, it did not take long for her to realize…

Frost And Freezing Sidewalk Slip And Falls

As the days get shorter and nights get colder, we will soon be seeing freezing weather along the East Coast. The transition periods from sunny days to freezing nights can be some of the most dangerous for pedestrians as snow melts to water during the day and re-freezes to slick ice overnight….

Oxygen Deprivation Birth Injury $21 Million Jury Award

When Shantiah and Joel Norfleet went to the Harbor Hospital in Baltimore, they did not expect a medical error would leave their child suffering severe cerebral palsy. When Shantiah went into labor, the baby was not getting enough oxygen. Oxygen deprivation can cause severe brain injury if it is not corrected. If…

Halloween Injuries And Accidents To Watch Out For

Who knows what Halloween will look like this year? How many kids will venture out going door-to-door for tricks and treats? Will families stay home or find ways to adapt for safe trick-or-treating? One father and daughter even created a candy chute to maintain distance while still handing out candy. For anyone…

Claims Of Malpractice Over Veteran Deaths At VA Hospital

The Department of Veterans Affairs (VA) provides medical care for veterans who have served in the U.S. military. After discharge or retirement from the military, the VA continues to provide care for injuries that happened during military services and other health conditions unrelated to service. Unfortunately, military veterans may face similar problems…

Federal Initiative Seeks To Allow Certain Commercial Truck Crashes To Be Classified As “Not Preventable”

The Federal Motor Carrier Safety Administration (FMCSA) is the central agency governing commercial motor vehicles (CMVs), such as large tractor-trailers. They recently announced a new demonstration program, or “pilot” project, that involves how commercial truck crashes are classified. The initiative’s purpose is to ultimately allow the agency to make better decisions about crash prevention. …

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