Pennsylvania Medical Malpractice Legal Questions

It is possible.  A malpractice case for a failure to diagnose cancer depends on the cancer staging and the progression of the disease.  If your mother lost a significant chance of being cancer free or had a significant reduction in her chances of living, usually referred to as the 5-year survival rate, then she may have a case.... Read More

A misdiagnosis is a classic example of malpractice.  The other common ones are surgical error and a failure to properly communicate with patients or other healthcare providers.  That being said, every misdiagnosis is not malpractice and and every occurence of malpractice does not necessarily lead to a malpractice lawsuit.  For a misdiagnosis to be malpractice, we look for a failure somewhere in the diagnostic process, such as not running appropriate tests to rule out more serious conditions before deciding that the symptoms are caused by something that is not seriious.  It sounds like that may have happened in your case.     The second thing that we look for when considering to bring a malpractice lawsuit is catastrophic damages.  Malpractice lawsuits are very costly, so malpractice by a doctor results in a viable lawsuit only when it leads to a very serious injury.  I would not want to go through what you are having to deal with, but based on what you wrote, I don't think that the damages will be large enough for my office to look into your case.  You can always speak to another lawyer to get a second opinion.  Please remember that Pennsylvania has a two year statute of limitations, so you should not wait before speaking to another lawyer.   Thank you,   Daryl... Read More

You should consult with a local medical malpractice attorney.  He or she will explain that you will need to hire a medical expert to review the records to determine if the health care providers failed to provide appropriate care that caused or contributed to the complications that you've described.  Keep in mind that there is a statute of limitations in Pa. for the filing of a medical malpractice lawsuit.... Read More

One of the first issues is whether the doctor was correct to prescribe this medication and, if yes, whether he/she informed of any potential side-effects.  Another issue would be whether the nature and/or frequency of use as prescribed was proper. If it was proper to prescribe the medication and if you used it as prescribed, then you may have a claim against the manufacturer.  We would need to determine why you suffered this injury--was the medication adulterated?  You should talk to a lawyer.  There may be a strict time limit for you to bring any legal claims.... Read More

You have a right under HIPAA to ask that your medical records be corrected.  If the provider refuses because he/she says that the records are accurate, you have the right to ask that a statement be added to your medical reocrds.  See http://cfr.vlex.com/vid/164-526-amendment-protected-health-19931904 for more information.  This is a link to 45 CFR section 164.526, which gives you the right to amend your medical records.... Read More

You may have a case.  It really depends on the MRI results, whether a decompression would have been necessary and possible when your symptoms first developed, and if so, whether your injuries are permanent.  Typically cauda equina symptoms should be addressed within hours to prevent a permanent injury.  Each case depends upon its own specific facts, but you should contact an attorney to investigate your potentialc ase.... Read More

In any malpractice case based on negligence, you have to prove that the care was outside the appropriate standard of care.  A POA does not take away your mother's right to make her own decisions about her medical care.  If she was competent to consent to the treatment and if she was properly advised of the risks and benefits, then there is probably not a case even if she later did not recall the discussion.  As with any case, the specific facts are most important.  You should contact an attorney to discuss your specific facts and whether you have a claim for negligence or lack of informed consent.... Read More

As long as the settlement does not exceed the available amount of insurance, your settlement should be fine.  In PA there should be at least $1,000,000 of insurance for a physician or his/her practice.  I understand that your former attorney was disbarred, but you should speak with your current attorney to see when payment will be made and whether your can get releif from the bankruptcy stay by proceeding solely against insurance company assets.... Read More

Maybe.  The fact that you have suffered an injury does not necessarily mean that the doctor committed malpractice.  Sometimes you can get injured even if a doctor uses all appropriate care.  When we evaluate malpractice cases, we first look to see how badly injured someone is.  When you speak with an attorney, you should be ready to talk about what effect the pain has on your life and what treatment you have received to reduce your pain.  You should also have an idea of your medical bills and lost wages caused by your injury.  If we think there are enough damages to investigate a case then we will look at your actual medical records to see if your injury resulted from malpractice or was a bad result from a properly performed procedure.... Read More

You can sue the person individually, but we would almost always also include the hospital/employer in the lawsuit.  It is no more work to include the employer, and doing this helps to ensure that there will be insurance or assets to pay a verdict.  The bigger problem that you face is that even if you sued only the individual, you would still need to file this as a malpractice case for the failure to take appropriate care when drawing blood.  In these types of cases, a person needs to have catastrophic damages before we can take his or her case.  They are very costly to bring.  This is probably the reason that the 7 lawyers you consulted with all rejected your case.... Read More

Thank you for your question.  Because of the high cost of malpractice cases, the first thing that we look at is damages.  If, after your horrible ordeal, you have now made a good recovery, the damages are not there for us to accept your case.  On the other hand, if you are still having significant problems, we would need to take a look at your records to see if the doctor committed malpractice or if you had a bad result despite getting treatment that met the standard of care.  This is a very fact-specific inquiry that depends on your symptoms, test results, and the specific treatment that was provided.    ... Read More

You should first talk to the attorney who handled your trial.  He or she is in the best position to explain what happened at trial and to meet the strict timelines for an appeal if one is recommended by your lawer.  You can also contact someone who primarily does appellate work.  Even if your trial attorney has preserved issues for appeal and you have met the strict timelines for appeals, it is very unlikely that an appellate court will overturn a jury's finding of fact.  Appeals are more successful if there was an error of law.  This is because appeals are not "do overs."  The appellate court uses a different standard of review for an appeal of a jury's finding of fact than for a judge's error of law.  The standard that is used for an appeal from a jury's finding of fact is very deferential to the jury and an uphill battle for you.   ... Read More

Possibly.  We would need to look at your medical recods to what the test result was and what other information was available that might shed light on your condition at that time.  The key question that we will need to answer is whether your progonosis or cancer staging changed as a result of the delay.  It we can prove that it did change or that the delay increased your risk of developing stage IV cancer, then I believe that you will have a case.... Read More

Yes.  It is possible that you have a malpractice case.  I am not able to comment more than that based on the facts that you have provided.  The fact that an unexpected injury occurred does not guarantee that someone has a malpractice case.  The question that we ask is whether the dentist followed the standard of care.  In order to answer this question we look closely at medical records, research medical literature, and ultimately have the case reviewed by an appropriate expert, which in your case would be a dentist.  In addition, damages in these kinds of cases must be very large before we can investigate them due to the high costs associated with malpractice cases. I suggest that you speak with an attorney.  Your communication will be subject to the attorney-client privilege.  Information posted on a website is not subject to the attorney-client privilege.  Important information will be what exact procedure were you receiving; when, where, and by whom; what exact injuries have you suffered; what subsequent treatment have you required; and how has it affected your life.... Read More

I don't believe that your friend has a viable malpractice case.  The testing done was an evaluation for the Court that was requested by the prosecution.  It was never intended to provide medical or psychiatric care to your friend.  It also did not result in medical or psychiatric treatment that caused an injury. Whether it can be excluded at trial is a different question that your friend should discuss with his or her criminal defense attorney.  This will be a very fact-specific inquiry that cannot be addressed properly on a forum such as this.... Read More

Good morning.  You would certainly expect a patient who suffered a burst appendix to be treated with antibiotics. Click here for an article that discusses the issue that is directly in point. Antibiotics are not necessary unless there is burst or perforation. Every medical malpractice case involves questions of financial viability. You should call a medical malpractice lawyer to discuss opening a file and starting an investigation. The articles linked below may help you get a better understanding of the issues involved. Call a lawyer as soon as possible because sometimes there are Notice Filing requirements if the hospital is a public entity.              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 and should expect when pursuing a medical malpractice case. Click here for an article that explains how and what clients are charged when they hire an attorney to pursue a medical malpractice case. Click here for an article about damages and how we come to conclusions about what a medical malpractice case is worth. Click here, here  and here for more information about me. Click here for summaries of some of the cases that I have litigated. Click here to review articles that I have published. Please understand that by answering your question in this informal forum I am not acting as your attorney. I am not doing anything to protect any legal rights that you have.  Medical malpractice cases need to be thoroughly investigated and to know whether you have a viable case, an attorney usually has to obtain and review all of the pertinent medical records and consult an expert.  John Ratkowitz, Esq. 105 Eisenhower Parkway Roseland, NJ 07068 Office: (973) 830-8441 Cell: (732) 616-6278 Fax: (973) 226-0031 Email: jratkowitz@starrgern.com.  Click here for my website. ... Read More

It is hard to tell you without looking at the medical records whether your sister has a viable malpractice case. It really depends on whether the symptoms that she reported should have led to a more comprehensive investigation would have disclosed to cancer. The big question in most failure to diagnose cancer cases is whether the patient can prove that the doctor’s negligent care caused the damages suffered by the plaintiff. In essence, the plaintiff must be able to show that earlier intervention would have changed the outcome. This is a fact sensitive inquiry. An attorney will have to review the medical records and often get experts to review the pertinent radiography films to determine when accepted standards of care should have compelled a doctor to investigate the possible diagnosis. Then, if it is determined that the cancer was present and detectible, the next question becomes what was the likely stage/prognosis when the cancer should have been discovered. If the cancer was at an early stage when it should have been discovered, the case is more likely to be viable. 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 and should expect when pursuing a medical malpractice case. Click here for an article that explains how and what clients are charged when they hire an attorney to pursue a medical malpractice case. Click here, here  and here for more information about me. Click here for summaries of some of the cases that I have litigated. Click here to review articles that I have published. Please understand that by answering your question in this informal forum I am not acting as your attorney. I am not doing anything to protect any legal rights that you have.  Medical malpractice cases need to be thoroughly investigated and to know whether you have a viable case, an attorney usually has to obtain and review all of the pertinent medical records and consult an expert.  John Ratkowitz, Esq. 105 Eisenhower Parkway Roseland, NJ 07068 Office: (973) 830-8441 Cell: (732) 616-6278 Fax: (973) 226-0031 Email: jratkowitz@starrgern.com.  Click here for my website. ... Read More

Dental malpractice cases are difficult to prosecute for a malpractice attorney because they are usually not financially viable. Medical malpractice cases are very costly and time-consuming.  Therefore, in most circumstances a patient must have suffered a significant permanent injury as a result of medical negligence for the case to be financially viable. Often, damage caused by dental malpractice can be remedied with additional care. Further, lasting damage is usually not significant enough to warrant the time and expense of a lawsuit. There are exceptions to this (for example trigeminal nerve injury cases). Additionally, different offices have different standards for whether a case is worth prosecuting.   If you are interested in pursuing this 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. 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. This discusses the issue of financial viability. Click here for an article that explains what you can and should expect when pursuing a medical malpractice case. Click here for an article that explains how and what clients are charged when they hire an attorney to pursue a medical malpractice case. Click here, here  and here for more information about me. Click here for summaries of some of the cases that I have litigated. Click here to review articles that I have published. If you found this information helpful, I would appreciate it if you would click here and take a few seconds to provide some feedback online. Because I am an attorney, when I write to people about legal matters I have to insert language to cover my rear-end and say things that are usually already pretty obvious. This is not because I think you are stupid, it is because lawyers are held to a higher standard than most people when they are providing explanations about legal issues and are easily criticized for being misleading when less than clear. So, please understand that I am not acting as your attorney, I am not doing anything to protect any legal rights that you have and you should not consider this email as legal advice. If you have questions and want to investigate a case, you should contact an attorney in your state. 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.  Click here for my website.... Read More

Obviously if the casted your daughter under the pretense that she had a fractured leg and that was incorrect, someone made a mistake. It is hard to understand how this happened because if she was seen by an orthopedic surgeon it is likely that he and the radiologist reviewed the films. While you can understand how two separate physicians might miss a fracture that was hard to diagnose, it seems very unlikely that two different doctors saw the same fracture that did not exist.  Assuming you have a case, the real question is whether the case is financially viable, because if your daughter suffered no lasting damages, you will have a hard time finding an attorney because the damages will not justify the time and expense of a medical malpractice lawsuit. The articles below explain this in more detail.  If you want to investigate a case, 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. This discusses the issue of financial viability. Click here for an article that explains what you can and should expect when pursuing a medical malpractice case. Click here, here  and here for more information about me. Click here for summaries of some of the cases that I have litigated. Click here to review articles that I have published. Since I am a lawyer, I need to advise you of the following when I communicate with you: 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  Click here for my website. ... Read More

In Pennsylvania, the statute of limitaions for a medical negligence claim is 2 years after the date of the alleged negligence, with certain exceptions. For a minor, the statute is 2 years after the minor reaches tha age of majority, which is the minor's 20th birthday. Further, the statute of limitations may be extended in certain  circumstances to the date precisely 2 years after the date  when  a reasonable person should have first suspected the  negligence of a  health care provider was causing his or her injuries or conditions. Additionally, there are special rules which apply to surgical and medical instruments left in the body. The foregoing is not an exhaustive analysis, and it is best to consullt with an attorney if you believe you have a claim, even though it may appear that the statute of limitations has expired.... Read More

In your, as in all cases of missed diagnosis, the issues are these: First, was the failure to arrive at the correct diagnosis negligent? In and of itself, an incorrect or "missed" diagnosis does not prove that the subject physician is responsible for malpractice. Not all medical conditions can be immediately appropriately diagnosed, and there may well be reasons that a correct diagnosis was not reached at the point of time in question. Establishing the negligence of a physician requires an expert/ physician in the same feels as the doctor who allegedly malpracticed. Second, even ASSUMING that the doctor was negligent, did the malpractice result in significant harm? In other words, in the case of your child, if we assume that the pediatrician should have diagnosed the cleft palate, is there some harm that has resulted to your child from the delay in treating it. This is a question you should ask the cleft palate clinic.... Read More

A physician or hospital cannot force those with legal authority to remove their loved one from life support absent a court order. More importantly however with respect to the facts which you recite is this: Was there medical malpractice in not more effectively treating your grandson either at "your hospital" or in Hershey. It is impossible to tell without further facts.... Read More