MEDICAL MALPRACTICE AND PERSONAL INJURY LAW BLOG

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

Blog

Hospital Worker Causes Hepatitis Outbreak For Sharing Needles With Patients

A former hospital worker was sentenced to 39 years in prison after causing a hepatitis C outbreak among surgery patients. The worker was found to be taking syringes with painkillers and injecting them into himself before refilling the syringes with water and injecting patients with the tainted solution.  Hospital Staff Stealing Patient…

Settlement Reached In Wrongful Death Case Involving A Philadelphia Nursing Home

A Philadelphia nursing home settled a claim of wrongful death with the son of the deceased for $145,000, split between a wrongful death claim and a survival claim. Ola Simmons died from respiratory conditions, which the claim asserts was due to negligence demonstrated by the nursing facility.​ A settlement conference involving plaintiff John Simmons, the administrator of…

The Role Of Doctor Bias In Misdiagnosis

Doctor bias is an unfortunate reality in the medical world. It is a topic that we have addressed here several times–including the bias that LGBT+ patients may face, and the bias in pharmaceutical testing and medical treatment which affects women. Just how much do these biases ultimately affect medical care? New research out of Johns…

Slipping And Falling At The Theme Park

As the summer months approach, many people will be heading out to theme parks for a day of fun and amusement. There are many parks to choose from around the country including Disneyland, Disney World, Universal Studios, Sea World, and Six Flags. While most who visit these entertaining venues come home with…

People Ignore Warnings About Cheap Plastic Surgeries

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

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

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

Pawnee Nation Sues Fracking Company

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

Perimenopause And Misdiagnosis

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

Future Health Damages Linked To Early Water Contamination

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

Ignoring The FDA: Bone Cement And Human Experimentation

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

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

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

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

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

New Medicare & Medicaid Reimbursement Guidelines May Increase Rates Of Malpractice

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

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

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

Philadelphia Refinery Fire Raises Fears Over Toxic Chemicals

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

Pennsylvania Federal Court Judge Dismisses Negligence Claims Against Private School

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

Preventable Complications Having Severe Consequences For Women During Childbirth

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

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…

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…

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…

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

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

Report Suggests Automobile Insurance Rates Are Surging For Washington D.C. Motorists

The Washington Post reports that rates of auto insurance are increasing at double the rate of inflation. The average estimated premium nationally is $1,427. According to consumer advocacy groups, insurance companies are utilizing Big Data to determine rates for drivers. The data, based on factors such as credit ratings and levels of education, are most…

Family Sues Over Kickboxer’s Death

A case as been filed over the death of a Milwaukee, WI kickboxer, who lost his life after an amateur fight in 2014. The family of Dennis Munson Jr. has filed a wrongful death case against several defendants including the event promoter, the ringside physician, the gym where Munson trained, and Munson’s…

Does My Insurance Cover Physical Therapy After An Accident?

Physical therapy can be a beneficial treatment for patients after an injury accident. Injuries sustained in a car accident, slip and fall injury, or workplace accident can cause head, neck, or back injuries which can make it more difficult to move around or do regular daily activities.  Even if physical therapy does…

Disney Responsible For Harrison Ford’s On-Set Injury

Harrison Ford was almost crushed to death while filming Star Wars: Force Awakens and this week a British court held Disney responsible for the injury. On June 12, 2014, Ford was in England on-set of the Star Wars film. Ford was not aware that the set of the Millennium Falcon was live during…

Personal Injury Cases Involving Distracted Driving Increasingly Lead To Larger Awards & Settlements

Most states in the U.S. have acknowledged the “epidemic” of distracted driving and established some legislation aimed at reducing the unnecessary consequences including property damage, injuries, and even death. The majority of the accidents involve the usage of mobile devices while operating a vehicle. This which should come as no surprise because many people are using their devices constantly. …

Lawsuits Filed For Convention Shooting Last October

Fort Myers, Florida was the host of an annual Halloween-themed event late last year known as Zombicon. The event is a charity event that both celebrates the attendees’ affinity for zombie-themed horror film and fiction, while also raising money for things like blood drives and food donations. What was supposed to be…

The Insurance Dilemma Of Ridesharing Companies

Ridesharing companies like Uber and Lyft seem to be taking the U.S. by storm. Many people are enamored by how quick and easy it is to call for a ride, and how cheap it is to get a lift to where they need to go. Especially with more and more people moving…

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…

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…

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…

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…

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 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…

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,…

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…

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…

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…

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…

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…

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…

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…

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…

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;…

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…

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…

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…

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…

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…

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…

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…

Illinois State Prison System Faces Large Class-Action Suit For Failures In Providing Medical Care

A current class-action suit seeks to prove that the IL Department of Corrections (IDOC) places inmates in situations leading to pain, injury and death. Back in 2010, Don Lippert, an inmate with diabetes, claimed that he was not receiving his necessary dosage of insulin, which initiated the now massive suit. The case…

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…

Loss Of Leg Due To Medical Error

Loss of a limb can be traumatic. After going your whole life with the use and function of arms and legs, suddenly waking up to find your foot and leg missing takes a lot of time and emotional strength to adapt. Loss of a limb can be even more devastating if it…

Pennsylvania Highway Safety Law Awareness Week Was February 18th – 24th

Pennsylvania hosts Highway Safety Law Awareness Week in February (this year it was the week of the 18th). The program is facilitated by the Pennsylvania Department of Transportation (PennDOT) and the Pennsylvania State Police. PennDOT is a critical part of policies and safety that relate to public transportation, highways, airports, railroads, and others. The program seeks…

Crane Collapse In NYC

Manhattan is famous for its skyscrapers. The island boasts some of the most iconic high rise buildings in the world including the Empire State Building, the Flatiron Building, and One World Trade Center. Constructing these impressive buildings is no small feat of engineering. Among the equipment used to build such impressive structures…

Drugstore Chains Sue Doctors In Ongoing Battle To Place Opioid Blame

We recently discussed a major series of lawsuit claims brought by cities, counties, and Native American tribes across the country against pharmacy chain stores for their role in fueling the opioid crisis. According to that claim, these retail stores failed to follow guidelines which required them to report suspicious orders to the Drug Enforcement…

New York Medical Malpractice Case Involves The Continuous Treatment Doctrine

Plaintiff Michelle Lewis brought a medical malpractice action based on negligence against Dr. Frederick D. Rutkovsky and LHHN Med P.C. The claim alleges that Dr. Rutkovsky failed to diagnose a benign brain tumor that was later discovered. Her allegations state that the doctor failed to detect and treat this meningioma and she ended up undergoing…

Legislation Targets Military Medical Malpractice Claims

The men and women who serve in our armed forces take an extraordinary risk in order to keep our country safe. This week, members of Congress are considering legislation that would permit members of the armed forces to bring about medical malpractice claims for negligence suffered during service, a remedy not currently available to…

“I’m Sorry About That” – Apology Laws

A term that is relatively common within medical malpractice law is that of apology laws. Apology laws pertain to situations where health care providers, who have injured patients as a result of their medical negligence, take the time to sympathize with the injured party and their families without the act being used…

Death By Mistake

Medical malpractice can be scary enough when it involves a significant injury caused by a physician that the patient trusted. The concept is nothing short of terrifying when a medical professional’s negligence causes a death. While horrifying to think about, deaths at the hands of a trained medical physicians are more common…

Can You Sue The Police?

While many of us believe that most police officers act reasonably when conducting an arrest or using force, there are times when law enforcement may take things too far. Within the past few years, a number of cases have come to light where the death or forceful apprehension of alleged suspects may…

Parents Of Child With Cerebral Palsy Awarded $14.5 Million In Birth Injury Lawsuit

In Western Pennsylvania, a federal jury has awarded a couple $14.5 million in a medical malpractice suit against the doctor who delivered their baby. In the lawsuit, they allege that the physician’s misconduct caused brain damage, cerebral palsy, and other long-term conditions. Justin Brinkley and Nicole Welker had their baby in July…

Can An Algorithm Predict Hospital Deaths?

Whether we realize it or not, most of us enter into some company’s algorithm every day. This includes online shopping choices, Google ads, and email alerts. Algorithms use information to try and establish patterns and make predictions. Banner Health, a hospital group based in Arizona, tried to create an algorithm to predict…

Will I Lose My Personal Injury Case Award Settlement If Filing For Bankruptcy In Maryland?

The American Bankruptcy Institute’s data for 2016 indicated that there were 11,287 cases of Chapter 7 bankruptcy in Maryland. Victims in severe personal injury cases are likely to experience financial problems as often their income may fall due to an inability to work; meanwhile, they may be accumulating significant medical bills and…

Preparing For Testimony In A Personal Injury Case

At some point during your personal injury or medical malpractice case, you may be called upon to testify. This could be in a deposition or it could be at trial. In rare cases, you may be required to testify at a pretrial hearing. While the situations may be different, there are many…

Pennsylvania Supreme Court Rules On Negligence Claim Involving Employer Duty To Exercise Reasonable Care

The Pennsylvania Supreme Court ruled that when an employer’s stored data is breached exposing employee’s personal information, it is a failure in their common law duty to exercise reasonable care. The decision changes the way litigation regarding cybersecurity will be handled. The University of Pittsburgh Medical Center (UPMC) failed to protect sensitive…

Class Actions And Corporations

Reuters reports that Home Depot recently reached a settlement agreement in a class-action lawsuit brought by consumers over the massive data breach in 2014, though the agreement must be approved by the federal court. The data breach occurred between April and September of 2014 and affected many customers in the United States…

North Carolina Health System Faces Litigation After A Fatality Resulting From Possible Medical Malpractice

Two suits were filed accusing Cape Fear Valley Health in Fayetteville of medical negligence in caring for a patient who died. David Bryant Sr., a 67-year-old, was admitted to the hospital complaining of minor injuries after falling. The suit states that Bryant developed large bedsores and later died as an eventual result of the neglect. The…

Nissan Class Action Denial Reversed By Higher Court

A federal appeals court reinstated a proposed California statewide class-action lawsuit accusing Nissan of installing defective hydraulic clutch systems, which can cause a clutch pedal to stick to the floor. The suit was filed by a San Jose man, who claimed he had to spend more than $700 to replace the clutch…

Page 4 of 18
1 2 3 4 5 6 18

    Contact Us Now

    Call 800-529-6162 or complete the form. Phones answered 24/7. Most form responses within 5 minutes during business hours, and 2 hours during evenings and weekends.




    100% Secure & Confidential

    Menu

    Generic selectors
    Exact matches only
    Search in title
    Search in content
    Search in posts
    Search in pages

      100% Secure & Confidential