Philadelphia Injury Lawyer Blog

Did you know that negligent doctors, nurses, and hospitals could actually be fatal to your unborn child? When tragic cases of medical malpractice and birth injuries occur, it is important that parents contact a Philadelphia injury lawyer and ensure that negligent medical professionals are held accountable for their actions. Some of the following actions have been found to be the cause of infant brain injury:

Some Causes of Infant Brain Injury

• Delayed delivery resulting in hypoxia (lack of oxygen to the brain)
• Failure to perform a timely Caesarian section
• Complications of vaginal birth after C-section (VBAC)
• Drug interactions, overdose or administration of contraindicated drugs
• Traumatic injury due to improper delivery methods or failure to respond appropriately when a fetus is caught in the birth canal
• Failure to monitor the baby's heart rate for signs of hypoxia or distress
• Failure to diagnose or promptly treat conditions like hydrocephaly or certain infections
• Trauma during delivery

Infant brain injuries during delivery could cause lifelong disability, mental retardation, cerebral palsy or even immediate or eventual death. When infants become impaired for life, a family could be forced to face a lifetime of expensive for their child’s specialized medical care. This may include, but is not limited to future care, lifelong attendant care, and home modifications to provide ease of access for a child with disabilities. Your child may even be owed compensation for the lost opportunity to earn a suitable living. Filing a lawsuit in a timely manner with a Philadelphia injury lawyer can help secure a settlement that ensures your child will be cared for throughout his or her life.

Millions of Americans in Philadelphia and throughout the country have Colonoscopy procedures each year. This is becoming a recommended routine part of basic medical care, especially for Philadelphia residents and other Americans over 50 years of age.

Colonoscopies are often very safe procedures, but it is important to remember that, if one does not choose the right doctor, injuries could occur. Many lawyers receive several complaints per year about injuries caused by Colonoscopy procedures and due to the requirements leading up to the procedure. Several patients have suffered kidney failure after using certain laxatives prior to colonoscopy procedures.

Additionally, in a recent report, a jury in New Mexico awarded plaintiff Michael Salopek $1 million in a medical malpractice lawsuit. After going to his doctor in 2005, Michael allegedly had to be treated for a puncture wound in his colon. After undergoing a colonoscopy, Salopek internal organs were pierced by the surgeon’s tools. His doctor, however, told him that the perforation had eventually healed itself.

Salopek’s even suffered from having fecal matter leaked out through the hole in his colon and into his body for 11 days before discovered. This caused serious infection and the need for Salopek to have 13 surgeries to repair damage and a part of his colon removed.

The settlement helped Michael to pay medical expenses and make up for lost wages at work. Perforations can occur during Colonoscopies and it is important for doctors to recognize and treat the problem immediately or else medical malpractice is in question. If you or a love one has been the victim of medical malpractice, contact a Philadelphia medical malpractice lawyer or a Philadelphia injury lawyer today.

Recent crashes in Pennsylvania, New York, New Jersey, and Philadelphia bring to mind the tragic Septa Philadelphia bus crash that occured back in 2008. Recent tragic accidents involving charter busses have sadly injured and killed many Philadelphia, Pennsylvania residents as well as citizens from surrounding cities.

On September 13th of 2008 an overnight accident involving a Septa bus injured 20 people in West Philadelphia. The driver of a car traveling on 51st Street was said to have struck the Route 21 bus. The collision forced the bus to veer of the road and into a tree around the 5100 block of Chestnut Street.

After the crash, it was found that 20 people including the bus driver suffered mild to moderate injuries. Fortunately, in this case, none of the injuries were life threatening. The driver of the vehicle that struck the bus, who also suffered minor injuries, was charged with DUI after being treated at a Philadelphia area hospital.

In the case of a commercial auto accident, finding out who is responsible for compensation the victims so that their medical and financial needs are taken care of after the accident can be tricky. Similar complications could be seen in the recent Ride the Ducks accident in Philadelphia in which families of the victims filed suits against multiple parties involved.

Those who find themselves confused about who might be responsible for their injury can contact a Philadelphia injury lawyer. A Philadelphia injury lawyer will be will help you to decipher who just may be responsible.

Philadelphians often wonder whether or not they have “a case” when it comes to their personal injury. They may have been injured in an auto accident, while walking on icy roads, or at work. Sadly, many who are entitled to compensation, if even a small amount, fail to contact Philadelphia injury lawyer to begin their case and secure their settlement.

The truth is, when it comes to personal injury cases, there are many factors in determining if “a case” is truly to be had and to determine the settlement amount awarded in the case. Only an expert Philadelphia injury lawyer with years of experience can truly tell you whether you may be eligible for compensation or not.

Factors such as who is at fault for the accident, insurance policy limits of the drivers or property owners, the severity of the crash or accident, the age and prior health of the injured person, as well as the extend of the injuries and medical treatment needed will all go into determining settlement amount. Your injury lawyer will take all of these factors into consideration when determining what amount to demand should a lawsuit be pursued.

Some personal injury cases may be even more complicated, calling for attorneys to go above and beyond looking into the usual factors. Your attorney may need to be able to prove that a property owner was negligent in some way if you were injured on his or her premises or in some cases, a witness may need to be found to corroborate the victim’s side of the story.

If you suspect you may have a personal injury case, don’t “go it alone” when it comes to deciding whether or not you have a case or what you are probably entitled to. Contact a Philadelphia injury lawyer as soon as possible. What you don’t give due diligence may cost you.

Medical malpractice is defined as any act or failure to act by a health care professional diminishing or deviating the accepted standards of services and practices of the medical community. Some also define it simply as professional negligence.

As in every lawsuit, medical malpractice lawsuits are comprised of the plaintiff and the defendant. Medical malpractice lawsuits, however, are different than other law suits in a few distinct ways. This holds true in Pennsylvania and from state to state.

One major difference is that the cause might be more daunting and drawn out than a usual case. This is because it can sometimes be hard to prove whether or not medical malpractice really occurred. A successful case must prove that a legal duty of medical care and treatment was supposed to be undertaken by a health care officer or health care institution on the patient or plaintiff’s behalf and wasn’t.

Medical malpractice cases may involve charges against an individual doctor or medical care professional, a group of doctors, or in some cases a hospital or medical care center itself.

For a medical malpractice case, the plaintiff will need a highly specialized lawyer such as a Pennsylvania medical malpractice lawyer. Pennsylvania medical malpractice lawyers know state law intimately and can help to navigate your case as smoothly as possible to reach a settlement.

In some medical malpractice cases, a power of attorney or loved one, may have to act on behalf the patient, who may have suffered death or debilitating injury due to the medical malpractice at hand. If you suspect you or a loved one has been the victim of medical malpractice, you’ll need to act right away by take the first step and calling a lawyer.

Statutes of limitations are the primary reason that an individual will need to waste no time when it comes to contacting a Pennsylvania injury lawyer right away after they suspect they have become a victim. Statutes of limitations may prevent an individuals case from being heard or a settlement from being granted due to what is deemed excessive passing of time.

Statutes of limitations vary from state to state and by law suit/case time. Today we’re going to discuss the particular statutes of Limitations when it comes to negligence and personal injury cases in the state of Pennsylvania.

In Pennsylvania, the statue of limitations begins when “survival action begins to run when the decedent, and not his representatives, could have discovered his injury and its cause through the exercise of reasonable diligence.” It is said that the discovery rule, as it is known, is not needed in a wrongful death case to prevent the statue of limitations from working an injustice on a reasonable diligent plaintiff. Principle that limitations period for bringing wrongful death and survival actions was not to be extended by discovery rule did not violate remedies, due process, and equal protection clauses of the State Constitution nor the privileges and immunities, due process, and equal protection.”

The statute of limitations from wrongful death is a maximum of two years in Pennsylvania. For medical malpractice cases, the same two year statue holds true with a discovery rule. In a case of “comparative negligence” the two year statute was adopted to recover damages resulting in death or injury to person or property. When it comes to an injury or an ongoing medical illness, two years can seemingly fly by. It is important to remember to contact your personal injury lawyer immediately to file your case.

Over the last decade sex abuse scandals involving Catholic priests have gone widely public. The general public has been shocked and upset to learn that several now adults have come forward claiming to have been abused by one or more of the priests at their local parishes when they were children.

Several families have sought compensation for damages from archdioceses throughout the country in the last several years for pain, suffering, and emotional damage.

Recently one family of a Pennsylvania man is filing a wrongful death law suit against the archdiocese of Philadelphia, Pennsylvania. The family claims that their loved one killed himself as a result of trauma involving alleged past abuse by a priest.

After the man alleged that he was the victim of abuse by Rev. Joseph Gallagher in the 1980’s, the charges were not heard, resulting in what family members say was the final straw for their loved one who has only been identified in reports as “Ben.” Ben killed himself after his allegations were deemed “not credible.”

Ben’s family filed a wrongful death suit on Wednesday in the Philadelphia Court of Common Pleas after alleging that the archdiocese covered up Ben’s sexual abuse case.
It is too early to speculate whether the family’s lawsuit will be upheld, earning them compensation for wrongful death from the Philadelphia archdiocese.

If you or loved one has suffered a similar loss and feel that your family member may have been the victim of wrongful death, it is important to ensure that your case gets the attention it deserves. Contact a Philadelphia accident lawyer as soon as possible. Contacting a Philadelphia accident lawyer immediately after the incident will help to ensure that statute of limitations does not further complicate your case.

The Wisconsin Supreme Court has just granted review in a medical malpractice suit in which a patient had argued that his doctor did not provide enough information to make an informed decision about treatment. In this case, Jandre v. Physicians Insurance Company, the appeals court upheld a $1.85 million dollar settlement to the victim.

The medical malpractice victim, Thomas Jandre suffered stroke-like symptoms back in 2003. Upon visiting the emergency room, Mr. Jandre was diagnosed with a mild form of bell’s palsy, a condition that is not life threatening. According to reports, hospital records show that the doctor did not perform a carotid ultrasound to rule it out the stroke, as is standard procedure. However, a physical exam did not reveal signs of ischemic stroke.

Unfortunately, eleven days later Mr. Jandre suffered a massive stroke. Mr. Jandre alleged that his doctor failed to disclose information necessary for him to make an informed decision. During the trial, two physicians testified that a caratid ultrasound would have revealed blockage of an artery. If this was done during the emergency room visit, immediate surgery would have stopped the blockage and prevented Mr. Jandre’s massive stroke.

Even through Mr. Jandre’s physician was not negligent in diagnosing him, the court ruled that he was still in violation of the state law that required a doctor to help a patient make informed decisions. This was due to the fact that Mr. Jandre’s physician did not inform him of the test that could rule out a blockage/oncoming stroke completely.

This case was one of several that actually caused a Supreme Court to clarify the application of a statute. Medical malpractice cases can be some of the most difficult to navigate whether in Pennsylvania, Wisconsin, or in any of the 50 states. Laws may be different from state to state, and new clarifications sometimes need to be made. If you’re looking for a Pennsylvania medical malpractice lawyer, it is imperative to go with a Pennsylvania medical malpractice lawyer you can trust.