Pennsylvania Medical Malpractice Legal Questions

The only way you will find out if you have your case is to go to a reputable lawyer, have the lawyer order all your medical records, and have the case evaluated.  Basically, if the first doctor violated the standard of care for the symptoms you presented, and if that caused you additional harm, then you may have a case.   ... Read Answer

You need to request your husband's entire dental records chart from the dentist or endodontist who performed the root canal, as well as all of the records for follow-up treatment your husband has had to undergo.  The records would then need to be reviewed by an expert dentist or endodontist who would have to provide an opinion as to whether the formation of an abscess during the root canal is a known and accepted risk of the procedure and/or whether there were any any breaches of the applicable standard of care that were committed in your husband's case.  If we were able to obtain such an opinion, then it sounds like your husband may have a claim for dental malpractice.  This also depends upon how long ago the original root canal was performed, because in Pennsylvania, you only have 2 years from the date of the malpractice to file a lawsuit.  I would like to speak with you about your husband's situation in more detail, if you would like.  Our office has many years of experience in prosecuting complex medical malpractice cases on behalf of patients in Pennsylvania.  Please feel free to contact me directly either by phone or email.  Michael J. Davey, Esquire Eckell, Sparks, Levy, Auerbach, Monte, Sloane, Matthews & Auslander, P.C. 344 West Front Street Media, PA 19063 (610) 565-3700 x 271   mdavey@eckellsparks.com You can contact me on Skype @: mjdavey957   www.eckellsparks.com... Read Answer

If there were no signs and symptoms of the disorder, that argues against a malpractice case. Nevertheless, if you want to investigate a case further, you should contact a local medical malpractice attorney (one in your state).  They take these cases on a contingency basis which means you only have to pay if you succeed.  Additionally, initial consultations are usually free. You can use the "Find a Lawyer" service through this website to research medical malpractice attorneys.  Then, visit each attorney's website and look for a firm that has a record of successful verdicts.  Below are some articles you may find helpful.  They are written for a New Jersey audience (where I practice) but the ideas discussed in these articles usually apply in most other jurisdictions as well. Click here for an article that discusses the three main questions I ask when deciding whether to investigate a potential medical malpractice case. Click here for an article that explains what you can expect when filing a medical malpractice case. Click here for more information about me. Click here for more information about my firm. Please note that by attempting to answer your question, I am not acting as your attorney. I will do nothing further to protect or preserve your interests in the absence of any additional discussion with you about this matter. John Ratkowitz, Esq. Starr, Gern, Davison & Rubin, P.C. 105 Eisenhower Parkway Roseland, New Jersey 07068 Office: (973) 830-8441 Cell: (732) 616-6278 Fax: (973) 226-0031 Email: jratkowitz@starrgern.com  Skype: john_ratkowitz Web: www.starrgern.com. ... Read Answer

Accepted standards of care require prophylactic antibiotics for a knee replacement, but not for arthroscopic surgery. Additionally, if the antibiotics help and no further damage is done, you probably do not have a financially viable case.  Medical malpractice cases are very costly and time consuming for lawyers to pursue, and in most circumstances attorneys will not take them on unless a patient suffered a significant permanent injury that causes substantial disability as a result of the medical mistake. I probably would not take on your case because I do not think I would be able to cover the time I spent on it with the fees I was awarded through a contingency arrangement. Nevertheless, attorneys have different standards. Some attorneys will take on cases that are less profitable because they do not have sufficient business to turn borderline cases away. Additionally, you may be able to convince an attorney to take the case on if you agree to pay the expenses along the way.   If you do want to investigate a case further, you should contact a local medical malpractice attorney (one in your state).  They take these cases on a contingency basis which means you only have to pay if you succeed.  Additionally, initial consultations are usually free. You can use the "Find a Lawyer" service through this website to research medical malpractice attorneys.  Then, visit each attorney's website and look for a firm that has a record of successful verdicts.  Below are some articles you may find helpful.  They are written for a New Jersey audience (where I practice) but the ideas discussed in these articles usually apply in most other jurisdictions as well. Click here for an article that discusses the three main questions I ask when deciding whether to investigate a potential medical malpractice case. Click here for an article that explains what you can expect when filing a medical malpractice case. Click here for more information about me. Click here for more information about my firm. Please note that by attempting to answer your question, I am not acting as your attorney. I will do nothing further to protect or preserve your interests in the absence of any additional discussion with you about this matter. John Ratkowitz, Esq. Starr, Gern, Davison & Rubin, P.C. 105 Eisenhower Parkway Roseland, NJ 07068 Office: (973) 830-8441 Cell: (732) 616-6278 Fax: (973) 226-0031 Email: jratkowitz@starrgern.com  Skype: john_ratkowitz Web: www.starrgern.com. ... Read Answer

Post-op infection cases are difficult because in many circumstances, the infection is an accepted complication of the procedure because infections can occur even in the absence of negligence. If there is a case, it is usually because the attending physician failed to respond in a timely fashion to mitigate the damages caused by the infection.  While your facts suggest that the doctor could have caught the infection sooner, if the antibiotics cure the problem in my view you do not have a financially viable case. Another attorney might think differently, because the issue of financial viability is a judgment call and lawyers have different standards for making this decision.  If you want to investigate a case further, you should contact a local medical malpractice attorney (one in your state).  They take these cases on a contingency basis which means you only have to pay if you succeed.  Additionally, initial consultations are usually free. You can use the "Find a Lawyer" service through this website to research medical malpractice attorneys.  Then, visit each attorney's website and look for a firm that has a record of successful verdicts.  Below are some articles you may find helpful.  They are written for a New Jersey audience (where I practice) but the ideas discussed in these articles usually apply in most other jurisdictions as well. Click here for an article that discusses the three main questions I ask when deciding whether to investigate a potential medical malpractice case. Click here for an article that explains what you can expect when filing a medical malpractice case. Click here for more information about me. Click here for more information about my firm. Please note that by attempting to answer your question, I am not acting as your attorney. I will do nothing further to protect or preserve your interests in the absence of any additional discussion with you about this matter. John Ratkowitz, Esq. Starr, Gern, Davison & Rubin, P.C. 105 Eisenhower Parkway Roseland, NJ 07068 Office: (973) 830-8441 Cell: (732) 616-6278 Fax: (973) 226-0031 Email: jratkowitz@starrgern.com  Skype: john_ratkowitz Web: www.starrgern.com.   ... Read Answer

First, definitely take pictures of the thread inside the bulge in your son's hand so you can establish later on what it looked like.  I would then have your son examined by a different surgeon, who can identify what the material is and provide an opinion as to why it is there and what treatment options might be available for your son.  If your son's hand will not heal properly, or if he will have some loss of functionality or use of his hand for the remainder of his life, or if he now has a disfiguring scar, he may have a claim for malpractice.  However, please be aware that in Pennsylvania, the statute of limitations for your son (if he is over 18 years old) to file a medical malpractice claim is 2 years from the date that he knew or should have known that there was something wrong with his hand following the surgery.  So, if he first began to report to his former doctor that he thought something was wrong with his hand more than 2 years ago, his claim may very well be time-barred, even though the lump just opened up recently.  If your son is still a minor (i.e., under 18), then the 2-year statute on his claim does not begin to run until his 18th birthday.  Feel free to call me to discuss this matter in more detail, if you would like.  Our firm has many years of experience in handling medical malpractice cases in Pennsylvania.  Michael J. Davey, Esquire Eckell, Sparks, Levy, Auerbach, Monte, Sloane, Matthews & Auslander, P.C. 344 West Front Street Media, PA 19063 (610) 565-3700 x 271  mdavey@eckellsparks.com www.eckellsparks.com     ... Read Answer

In order to maintain a medical malpractice claim against the hospital in the circumstances you described, you would have to have all of your medical records reviewed by a physician with the appropriate license and credentials who would have to give an opinion that either the hospital or one or more of the medical professionals that treated you deviated from the accepted standard of care in either its sterilization procedures or infectious-disease prevention measures.  MRSA is always a threat to hospitals and most have policies and procedures in place to try and eliminate the risk of MRSA for patients.  However, that does not mean that infections do not sometimes occur in the absence of negligence.  If you would like to discuss your case in more detail, please feel free to contact me directly.  Our office has many years of experience in handling complex medical malpractice cases in Pennsylvania.  Michael J. Davey, Esquire Eckell, Sparks, Levy, Auerbach, Monte, Sloane, Matthews & Auslander, P.C. 344 West Front Street Media, PA 19063 (610) 565-3700 x 271   mdavey@eckellsparks.com On Skype @: mjdavey957   www.paemploymentlaw.blogspot.com www.eckellsparks.com  ... Read Answer

There are a lot of variables to reviewing a medical malpractice claim in Pennsylvania.  They not only include the theory of negligence and damages but also the place a lawsuit would need to be filed and other factors.  If you still are questioning whether this is a claim to pursue I would suggest consulting with another lawyer immediately, but make sure you have all of your mother's medical records for review by the lawyer. Scott B. Cooper scooper@schmidtkramer.com 717-232-6300... Read Answer

While the failure to treat hepatitis  seems inexplicable, the questions are going to be (A) whether the outcome of treatment for hepatitis would have resulted in a better present day liver function for your husband and (B) whether the compromised treatment for the liver cancer due to the failure to treat hepatitis would have resulted in a different outcome.  A sub issue is what is your husband's prognosis is relative to the liver cancer itself.  These are all difficult questions that will require an attorney to review medical records as well as the pertinent literature to be in a position to ascertain whether you have a financially viable case. If you want to investigate your case further, you should contact a local medical malpractice attorney (one in your state).  They take these cases on a contingency basis which means you only have to pay if you succeed.  Additionally, initial consultations are usually free. You can use the "Find a Lawyer" service through this website to research medical malpractice attorneys.  Then, visit each attorney's website and look for a firm that has a record of successful verdicts.  Click here for an article that discusses the three main questions I ask when deciding whether to investigate a potential medical malpractice case. This discusses the issue of financial viability. Click here for an article that explains what you can expect when filing a medical malpractice case. Click here for more information about me. Click here for more information about my firm. Please note that by attempting to answer your question, I am not acting as your attorney. I will do nothing further to protect or preserve your interests in the absence of any additional discussion with you about this matter. John Ratkowitz, Esq. Starr, Gern, Davison & Rubin, P.C. 105 Eisenhower Parkway Roseland, NJ 07068 Office: (973) 830-8441 Cell: (732) 616-6278 Fax: (973) 226-0031 Email: jratkowitz@starrgern.com  Skype: john_ratkowitz Web: www.starrgern.com.... Read Answer

It is difficult to answer your question as posed. Certainly if the surgery that they are proposing to re-do occurred a very short time ago, there is reason to question whether the first one was done negligently. Also, bed sores are avoidable in most circumstances, and that might be a product of negligent care as well.  You should contact a local medical malpractice attorney (one in your state).  They take these cases on a contingency basis which means you only have to pay if you succeed.  Additionally, initial consultations are usually free. You can use the "Find a Lawyer" service through this website to research medical malpractice attorneys.  Then, visit each attorney's website and look for a firm that has a record of successful verdicts.  Below are some articles you may find helpful.  They are written for a New Jersey audience (where I practice) but the ideas discussed in these articles usually apply in most other jurisdictions as well. Click here for an article that discusses the three main questions I ask when deciding whether to investigate a potential medical malpractice case. Click here for an article that explains what you can expect when filing a medical malpractice case. Click here for more information about me. Click here for more information about my firm. Please note that by attempting to answer your question, I am not acting as your attorney. I will do nothing further to protect or preserve your interests in the absence of any additional discussion with you about this matter. John Ratkowitz, Esq. Starr, Gern, Davison & Rubin, P.C. 105 Eisenhower Parkway Roseland, NJ 07068 Office: (973) 830-8441 Cell: (732) 616-6278 Fax: (973) 226-0031 Email: jratkowitz@starrgern.com  Skype: john_ratkowitz Web: www.starrgern.com. ... Read Answer

As with all medical malpractice claims, the question is whether the infection you received was as a result of some breach of the professional standard of care of the hospital, or of any of the physicians or nursing staff that treated you.  You would also have to establish that that MRSA developed in the hospital, as opposed to somewhere else.  Generally speaking, infections are a known and accepted risk of surgical procedures, and cannot be prevented in 100% of the cases.  However, hospitals and surgical facilities have (or should have) in place protocols and procedures for sterile handling of instruments and general sterility to try and prevent or minimize the incidence of MRSA infections.   You would have to gather up all of your medical records from your hospital stay and subsequent treatment and have them reviewed by an expert medical doctor in the appropriate field of medicine.  That medical expert must be able to provide an opinion before you are permitted to file suit that there exists probable cause to believe that a breach of the standard of care occurred that caused your injuries and damages.  I would be happy to speak with you about your case in more detail if you would like.  Please feel free to contact me directly.  Michael J. Davey, Esquire Eckell, Sparks, Levy, Auerbach, Monte, Sloane, Matthews & Auslander, P.C. 344 West Front Street Media, PA 19063 (610) 565-3700 x 271 mdavey@eckellsparks.com www.paemploymentlaw.blogspot.com www.eckellsparks.com... Read Answer

The first question would be whether the breaking of the specific piece of equipment is a known, accepted risk of that type of surgical procedure.  You would also need to have a surgeon provide a written opinion at the outset of your case stating that the failure to recognize the broken instrument and failing to retrieve it constituted a breach of the standard of care.  The second question, and perhaps the most critical, is what are your damages?  If the extent of the consequences of the broken instrument was only an additional surgery, but you have no permanent or long-standing injury, difficulty or disability, then the value of your injuries may not be sufficient enough to warrant pursuit of a malpractice claim.  However, if you do have a permanent injury, pain or problem, or have permanent, disfiguring scarring as a result of the second surgical procedure that you otherwise shouldn't have had, then your case may be worth pursuing.  Also, the location of the hospital where the surgery took place has an impact on the value of your claim.  I would be happy to discuss this matter with you in more detail.  Please feel free to call or email me directly at your convenience.  Michael J. Davey, Esquire Eckell, Sparks, Levy, Auerbach, Monte, Sloane, Matthews & Auslander, P.C. 344 West Front Street Media, PA 19063 (610) 565-3700 x 271 mdavey@eckellsparks.com www.paemploymentlaw.blogspot.com www.eckellsparks.com... Read Answer

You should contact a local medical malpractice attorney (one in your state). If the physician had insurance, it does not matter where he is.   Malpractice attorneys take these cases on a contingency basis which means you only have to pay if you succeed.  Additionally, initial consultations are usually free. You can use the "Find a Lawyer" service through this website to research medical malpractice attorneys.  Then, visit each attorney's website and look for a firm that has a record of successful verdicts.  Below are some articles you may find helpful.  They are written for a New Jersey audience (where I practice) but the ideas discussed in these articles usually apply in most other jurisdictions as well. Click here for an article that discusses the three main questions I ask when deciding whether to investigate a potential medical malpractice case. Click here for an article that explains what you can expect when filing a medical malpractice case. Click here for more information about me. Click here for more information about my firm. Please note that by attempting to answer your question, I am not acting as your attorney. I will do nothing further to protect or preserve your interests in the absence of any additional discussion with you about this matter. John Ratkowitz, Esq. Starr, Gern, Davison & Rubin, P.C. 105 Eisenhower Parkway Roseland, NJ 07068 Office: (973) 830-8441 Cell: (732) 616-6278 Fax: (973) 226-0031 Email: jratkowitz@starrgern.com  Skype: john_ratkowitz Web: www.starrgern.com.... Read Answer

Whether you have a claim or not depends upon a couple of different factors:  (1) When your knee replacement surgery occurred.  If the surgery was more than 2 years ago and you began noticing problems with your knee immediately thereafter, then it is likely that the statute of limitations has expired, and you will no longer be able to pursue a claim.  (2) You will not have a claim for medical malpractice if the nerve damage that you experienced is a known and accepted risk of the knee replacement surgery that you underwent.   Medical malpractice cases are, as a general rule, very difficult to prevail on.  You would also need to have all of your records (especially the operative note) reviewed by another orthopedic surgeon to get his/her opinion on whether malpractice occurred before filing a lawsuit.  But, if your back surgeon and neurologist have already told you that they believe an error occurred which led to this problem, then you may be off to a good start.   Our office is located in the Philadelphia suburb of Media, PA, and we routinely handle complex medical malpractice and personal injury cases in the greater Philadelphia region.  If you would like to discuss you potential claim in more detail, I would be happy to speak with you.  Please feel free to call me directly at (610) 565-3700 or email me a mdavey@eckellsparks.com  Michael J. Davey, Esq. Eckell Sparks Law Firm... Read Answer

Under Pennsylvania law the statute of limitations has most likely expired.  However, it may be wise to call a personal injury attorney in order to discuss the full facts of the possible case in order to make sure there are no special exceptions to a lawsuit which could apply.  However, i doubt they will.   Scott B. Cooper scooper@schmidtkramer.com 717-232-6300... Read Answer

You should order both sets of medical records and submit them to a qualified attorney for review.  I would be happy to do this for you.  Steven F. Fairlie, Esq.Fairlie & Lippy, P.C.1501 Lower State Road, Suite 304North Wales, PA 19454voice: (215) 997-1000fax: (215) 997-1777steve@fairlielaw.netwww.fairlielaw.net ... Read Answer

The reason the lawyer turned down your case was probably because just getting infections are not usually malpractice there're many infections at the best hospitals they're not malpractice also medical malpractice cases are extremely expensive to pursue and the win rate is very low so lawyers are very careful to just take absolutely meritorious ... Read Answer

You should contact a medical negligence attorney immediately.  You will probably need on in South Carolina.  But if you do not know any then you can call an attorney in Pennsylvania and he/she can refer you to someone.  However, you need to call someone immediately since there is usually a time restriction in which to file a lawsuit and it is typically two years.   Scott B. Cooper scooper@schmidtkramer.com 717-232-6300... Read Answer

Only an attorney who specializes in medical malpractice will be able to properly address this question.  There are some procedures where the bad outcome is the result of negligence and others where it is a possible complication of the procedure.  You should probably contact a personal injury plaintiff's lawyer who specializes in medical negligence claims.  You usually only have two years to file the claim and it takes a good amount of time to properly investigate it so you probably need to do something soon if you intend to contact a lawyer. Scott B. Cooper scooper@schmidtkramer.com 717-232-6300... Read Answer

If insurance covers the bill then you should probably consider submitting it to insurance.  the problem with pursuing a lawsuit is that these types of claims generally are expensive to litigate and you may end up spending more to litigate than you would recover.  You should probably consult a medical negligence attorney to go over the case.   Scott Cooper 717-232-6300 scooper@schmidtkramer.com... Read Answer

You should speak with a local medical malpractice attorney.  Medical malpractice attorneys provide consultations free of charge and if they take you case they will work on a contingency basis.  A surgical mesh is often purposely left in following a surgical procedure, so the mere fact that mesh became infected does not necessarily mean that the physician made a mistake. Your mother is certainly entitled to an explanation as to why the surgery had to involve her stomach, it's part of the doctors duty of informed consent. Click here for an article that discusses the three main questions I ask when deciding whether to investigate a potential medical malpractice case. Click here for an article that provides suggestions about how to get answers to questions when an unexpected medical outcome occurs. Please note that by attempting to answer your question, I am not acting as your attorney. I will do nothing further to protect or preserve your interests in the absence of any additional discussion with you about this matter. John Ratkowitz, Esq. Starr, Gern, Davison & Rubin, P.C. 105 Eisenhower Parkway Roseland, NJ 07068 Office: (973) 830-8441 Cell: (732) 616-6278 Fax: (973) 226-0031 Skype: john_ratkowitz Web: www.starrgern.com email: Jratkowitz@starrgern.com.... Read Answer

If you believe you may have a lawsuit I would suggest contacting a lawyer who specializes in medical negligence cases.  The problem may be considered a possible known complication of the surgery or it could have been due to negligence.  A lawyer who handles these types of claims will be able to investigate the claim and answer any questions. Scott B. Cooper scooper@schmidtkramer.com 717-232-6300 SCHMIDT KRAMER P.C. Injury Lawyers... Read Answer