PA Law Blogs » Medical Malpractice

Patient Sues Doctor for Cancer Misdiagnosis

Michael Monheit — Tue, 02 Aug 2011 21:45:19 +0000

A man has filed a lawsuit against his doctor alleging that he misdiagnosed his condition, allowing cancer to spread through his body. According to a news report in The Madison Record, the man and his wife filed the lawsuit against the Wisconsin doctor, the hospital and the health network. The patient apparently had a lump on the side of his neck removed.

The sample tissue was sent to the doctor for analysis. But the doctor misdiagnosed the lump as an infected cyst. The patient later found out that he had cancer that had spread to his tongue and lymph nodes. The man has undergone cancer treatment. The medical malpractice lawsuit seeks damages for negligence, medical expenses, court costs and loss of consortium.

Cancer misdiagnosis is, unfortunately, extremely common. Wrong diagnosis, delayed diagnosis or failure to diagnose cancer can have devastating effects on the patient. The patient may end up having unnecessary surgery, taking the wrong medication or worse, may not get the treatment he or she needs to make a full recovery. Cancer misdiagnosis can also result in the death of a patient. Early detection is the key to survival and recovery for cancer patients.

Despite recent advancements in diagnostic methods and techniques, we see these tragic mistakes being made in our nation’s hospitals. Anyone who has been the victim of cancer misdiagnosis and medical negligence would be well-advised to seek the guidance of an experienced Philadelphia cancer misdiagnosis lawyer to obtain more information about pursuing his or her legal rights. Battling cancer can be physically, emotionally and financially draining. The last thing patients and their families need is a wrong or delayed diagnosis.

Hospital Patient Safety Improvements Shouldn’t Be Placed on the Back Burner

Michael Monheit — Fri, 22 Apr 2011 12:41:17 +0000

Having a loved one admitted to the hospital can very often be an emotional or traumatic experience due to the sudden nature of the admittance or the degree of the health condition. While hospitals throughout Pennsylvania and the United States have made significant improvements in reducing the rate of hospital acquired infections and other patient adverse events, there is still much that needs to be done to ensure patient safety and wellbeing.

According to a recent American Medical News article, one in three patients is harmed during a stay at the hospital in incidents that mostly could have been prevented. However, the article points out that from 2001 to 2009, data shows that central line-associated bloodstream infections have decreased by 60 percent in intensive care units.

The President of The Joint Commission, which accredits and certifies over 18,000 healthcare organizations and programs across the United States, stated in the article that the progress in patient care has not been extensive enough throughout the various services that are provided in healthcare. He also noted that these improvements are not consistent within healthcare at physician practices, hospitals or facilities.

Ever since the Institute of Medicine released a report called, “To Err is Human,” that included an estimate that as many as 98,000 patients are killed each year because of preventable medical errors, the potential safety issues at hospitals in the United States has drawn substantial concern.

Medical malpractice and hospital negligence can stem from understaffing, lack of finances, the failure to diagnose, oversight, fatigue, defective products that go unchecked or lack maintenance, and other forms of reckless behavior or inaction. A Harrisburg medical malpractice lawyer can assist individuals who have suffered injury or illness due to a medical professional’s negligence or hospital negligence. Medical malpractice lawsuits in Pennsylvania are not about getting even. These lawsuits help families obtain the compensation they need to properly recover without suffering financially. Medical malpractice suits also help prevent medical professionals from making the same mistakes multiple times and placing the lives of more patients at risk.

Philadelphia $3 Million Jury Award Upheld for Patient’s Fatal Pain Medication Overdose

Michael Monheit — Tue, 01 Mar 2011 00:28:34 +0000

A Philadelphia jury’s decision to allow a $3 million award to an 87-year-old woman’s estate has been upheld by the state Superior Court. The Legal Intelligencer reports that the woman was killed by an overdose of pain medication administered to her through her spinal fluid. The cause of the woman’s death was connected to an anesthesiologist’s failure to communicate his choice of giving the woman a spinal catheter instead of an epidural catheter. After receiving the pain medication, the woman experienced cardiac arrest and was left in a chronic vegetative state.

In Kessler v. Berman, the jury assigned 35 percent liability to the woman’s anesthesiologist and 65 percent liability to the nurse anesthesiologist. In addition, the Philadelphia Common Pleas Court Judge included delay damages that amounted to over $227,000.

The woman had undergone successful knee replacement surgery in 2005 when she was given the pain medication overdose. The plaintiff’s expert witness testified that the anesthesiologist was responsible for communicating that he had used a spinal catheter instead of an epidural catheter. Testimony also emphasized the standard of care required of anesthesiologists, which includes ensuring that a patient’s caretakers know if there is anything out of the ordinary about a certain catheter or anesthetic. The panel also stated that devastating consequences can affect the well-being of a patient if the proper dosage for an epidural catheter is sent directly into the patient’s spinal fluid through a spinal catheter.

Patients trust that medical professionals will provide a high standard of care and carry out medical procedures properly and in a timely manner. The duty to communicate among physicians, nurses, and other hospital staff cannot be stressed enough. Victims of medical malpractice and their family members should not be intimidated by major hospitals or well-known physicians. When faced with the obstacles and life-changing consequences of a medication overdose or other typed of medication error, a Philadelphia medication error lawyer can be a tremendous help.

What is surgical malpractice?

Michael Monheit — Sun, 30 Jan 2011 22:54:15 +0000

Surgery malpractice is when a surgeon fails to provide reasonable care during surgery and makes a surgical mistake. Surgical malpractice leads to an injury, loss of income, or even wrongful death. The patient or his or her family must prove that the doctor failed to perform with reasonable care during surgery.

Common surgical errors

Perforation or an abnormal opening in a hollow organ made by organ puncture, rupture or injury during a colonoscopy, hysterectomy, laparoscopy, colostomy to the bladder or bowel
Bypassing the wrong artery or the good artery
Wrong site surgeries such as amputating the wrong leg, removing the wrong breast, or operating on the good eye are just a few examples.
Too much anesthetic, not enough anesthetic, the wrong anesthetic
Using unsanitary surgical instruments
Leaving surgical instruments, sponges, and gauze in the body after the operation is over
Excessive blood loss
Infection causing septicemia or blood poisoning
Brain injury bleeds from heparin, aspirin, Plavix
Nerve damage or spinal fluid leak during spinal fusion surgery
Delayed surgery
Prolonged surgery

The most common types of surgical errors are during childbirth, gastric bypass, heart and lung surgery, nose jobs, and laparoscopic intestinal surgery.

The above is by far not a complete list but perhaps the most common examples of surgical errors for which surgical malpractice lawsuits are filed.

Compensation in a surgical malpractice case is subject to the extent of damages sustained by a patient. Other factors include the Pennsylvania statute of limitation laws, the strength of the case, the testimony of experts, and the knowledge, experience, and presentation of the litigators.

Do you have a surgical malpractice lawsuit?

PA-based Anapol Schwartz is one of the nation’s preeminent law firms, known for landmark verdicts and settlements and for providing clients with the highest level of personalized legal services. Eleven of Anapol Schwartz’s lawyers have received jury verdicts in excess of $1 million dollars and virtually every attorney has participated in obtaining multiple settlements over $1 million.

Wrongful Death Lawsuit Filed Against Philadelphia Abortion Doctor

Michael Monheit — Mon, 24 Jan 2011 22:48:32 +0000

Several serious allegations against a Philadelphia doctor who performed abortions have resulted in multiple lawsuits, reports Philly.com. The doctor has been charged with murder, several counts of infanticide, and abuse of a corpse.

Attorney Mr. Bernard W. Smalley, Sr. from the personal injury law firm of Anapol Schwartz represents the husband and children of a woman who died on November 19, 2009 after a drug overdose that was administered by an unlicensed member of the doctor’s staff during an abortion. The family has filed a wrongful death and survival suit against the doctor and seeks recovery for her death as well as punitive damages. The family alleges that the doctor failed to provide the woman proper care before, during, and after the procedure. According to the wrongful death lawsuit, the doctor also employed unlicensed personnel and did not have essential equipment needed to resuscitate the woman following the overdose.

Mr. Smalley states, “[The doctor] put profits above the safety of his patients. He refused to pay for licensed qualified medical personnel, allowing non-trained individuals to perform critical medical duties. He was not even present at the time medications and anesthesia were administered. He was, by all descriptions, running an office better characterized as a horror show.” He continues, “[The doctor] must be held accountable so that no other families have to suffer from the actions of a doctor who failed to uphold the most basic tenets of his oath.”

Wrongful death claims can be extremely intricate, leaving families unsure of how to proceed following the death of a loved one. However, a personal injury lawyer with years of experience handling this kind of lawsuit can help family members understand their legal rights and options in addition to building a strong case on their behalf.

For over 30 years, Bernard W. Smalley, Sr. has practiced law in Pennsylvania. He concentrates his practice on helping victims injured and family members of victims killed due to medical negligence and other personal injury-related causes. To learn more about Mr. Smalley and his many accomplishments, visit http://www.anapolschwartz.com.

Types of Brain Injuries from Surgery

Michael Monheit — Tue, 11 Jan 2011 13:00:20 +0000

Undergoing surgery can be a frightening experience. As patients, we trust that medical professionals will perform our surgery with a high standard of care. However, what happens when a surgical procedure causes a patient to suffer a brain injury? While most of us wouldn’t like to believe that this is possible, surgical errors such as untimely response, misdiagnosis, failure to diagnose, medication error, or operating on the wrong portion of the brain can all contribute to a patient suffering a brain injury.

There are many different types of brain injuries that a patient can develop if some form of medical malpractice or hospital negligence takes place during or after a surgical procedure. For instance, a patient may suffer brain tissue damage if a doctor fails to properly implant a shunt in the brain or damages brain tissue in the process. As a consequence, a patient may experience impaired neurological function, cerebrospinal fluid leakage at the puncture site, or ventricle collapse. Surgical errors can also cause patients to suffer hematomas, which occur due to a collection of blood between various parts of the brain and can cause intracranial pressure to increase, and can be deadly.

A patient may also suffer meningitis due to exposure to bacteria during surgery. This type of bacterial infection can enter the fluid that surrounds the brain, putting a patient in danger of suffering significant brain damage, developing learning disabilities, or suffering death.

Secondary brain injury incidents can also afflict patients during surgery when the following occurs: damage to the blood-brain barrier, deficient blood flow (ischemia), changes in the blood flow to the brain, swelling of the brain (cerebral edema), inadequate amounts of oxygen in the brain (cerebral hypoxia), an increase in pressure within the skull due to raised intracranial pressure, and various other types of brain injury.

Brain injury resulting from surgery should not be taken lightly. Family members of patients who have suffered a brain injury who believe that a medical professional’s negligence is to blame may wish to discuss their legal rights and options with a Pennsylvania medical malpractice lawyer.

Failure to Treat Infection after Surgery

Michael Monheit — Tue, 04 Jan 2011 18:42:14 +0000

The decision to have surgery may not always be the easiest. In other situations, there may not be much time nor the opportunity for a patient to have a say in the matter. We trust medical professionals to properly inform us of particular risks involved with certain surgical procedures. We also rely on them to make the timely diagnosis of a condition as well as determine whether surgery is necessary. In any case, a patient may be at risk of serious illness, and even death, due to the failure of a medical professional to treat or diagnose infection after surgery.

A patient can be exposed to various bacteria and even viruses while waiting to undergo surgery, during the surgical procedure, and while in recovery from surgery. While hospitals are required to follow specific rules regarding sterilization and the disposal of hazardous materials, surgery patients can still develop infections. If their infection goes undetected or is misdiagnosed by a medical professional, a patient can be at extreme risk of developing a debilitating illness or life-threatening disease.

Meningococcal disease, more commonly known as bacterial meningitis, can be misdiagnosed after surgery as a less serious illness such as the flu since there are similar symptoms. Because early diagnosis of meningitis and identifying the specific type of bacteria can help prevent some types from spreading and help a patient receive proper treatment, the failure to treat this infection after surgery can be detrimental for a patient. They may suffer brain damage, kidney disease, loss of limbs, hearing loss, or other serious health complications.

Septic shock can lead to serious illness or death for a patient if a doctor fails to diagnose or treat the condition after surgery. This condition occurs when microorganisms find their way into the blood stream and can be caused by a decrease in tissue perfusion and oxygen delivery brought about by an infection and sepis. Sepsis is bacteremia, or the existence of bacteria in the bloodstream, combined with systemic inflammatory response syndrome (SIRS). Septic shock can result in the failure of several organs as well as death due to low blood pressure and inadequate blood flow.

The failure to treat an infection after surgery is a form of medical malpractice if it is determined that a medical professional was negligent and did not uphold their obligations in ensuring the well-being of a patient. A Philadelphia medical malpractice attorney can help you and your family through this challenging time as you assess the best course of action.

Chorioamnionitis Causes and Complications for Infants and Mothers

Michael Monheit — Thu, 09 Dec 2010 00:58:24 +0000

Chorioamnionitis, also referred to as amnionitis or intra-amniotic infection, is a bacterial infection that manifests either before or during labor. Both the mother and infant are at risk of various complications associated with chorioamnionitis. If medical professionals fail to diagnose or timely treat a mother and her baby for chorioamnionitis, complications can become more severe.

Approximately 3 to 12 percent of women with chorioamnionitis develop an infection in the bloodstream (bacteremia), up to 8 percent who undergo C-section develop a wound infection, and about one percent suffers a pelvic abscess. Labor abnormalities and excessive blood loss with delivery are also common complications. Maternal death, although rare, due to chorioamnionitis, is still a risk.

Infants with chorioamnionitis are in danger of suffering pneumonia, bacteremia, an infection of the lining of the brain and spinal cord (meningitis), or death either due to respiratory distress syndrome, bleeding into the brain, or other causes.

Chorioamnionitis can be caused by bacteria entering into the uterine cavity, causing the amniotic fluid and placenta, and therefore the baby, to be infected. E. coli, group B streptococci, and anaerobic bacteria are the most widespread causes of chorioamnionitis. Other causes include multiple vaginal examinations in women with ruptured membranes, prolonged rupture of the membranes, long labor, rupture of membranes at an early gestational age, and others.

Not only are the physical consequences of chorioamnionitis potentially detrimental to a woman and her baby, but the emotional and financial affects can be significant.

New parents want the best for their child. Not being able to take an infant home due to chorioamnionitis or any other birth complication is something that no one should ever have to experience, especially if the infant’s infection was caused by medical malpractice. When a family has to cope with a mother and an infant suffering a serious infection or medical condition, the challenges are all the more serious. An attorney for chorioamnionitis can be contacted to help you and your family hold negligent parties liable and obtain the compensation you deserve.

Failure to Diagnose Shunt Malfunction Resulting in Hydrocephalus

Michael Monheit — Thu, 02 Dec 2010 17:39:56 +0000

Shunts are medical devices that are required for some patients to be implanted into the brain to help treat various conditions, the most predominant condition being hydrocephalus. If a physician fails to diagnose shunt malfunction, a patient can suffer drastic consequences.

Hydrocephalus, also commonly referred to as “water on the brain,” occurs when an individual has an abnormal buildup of cerebrospinal fluid (CSF) in brain ventricles or brain cavities. If hydrocephalus goes untreated, if a physician makes any error in inserting a cerebral shunt, if the shunt is defective, or if a physician fails to diagnose shunt malfunction, an individual can suffer from increased intracranial pressure inside of their skull and progressive enlargement of the head. Other serious consequences can include convulsions, mental disability, and even death.

While cerebral shunts are frequently used to help treat hydrocephalus, these devices may fail as soon as two years after implantation. This is why it is so important for physicians to provide a high standard of care to patients who may be experiencing shunt failure. If a shunt malfunctions and a physician does not detect the problem, a patient with the serious and life-threatening condition of hydrocephalus can relapse. Shunt failure often results in the new onset of hydrocephalus. Some common symptoms may include headaches, vomiting, nausea, double-vision, and an alteration of consciousness.

Hydrocephalus patients who relapse or develop new medical conditions due to a physician’s failure to diagnose shunt malfunction have legal rights that a Philadelphia medical malpractice attorney will work diligently to protect. Similarly, family members of patients who die as a result of this form of medical malpractice may be able to hold negligent parties liable. While patients and family members may view medical malpractice litigation as intimidating, such processes help prevent similar forms of negligence from causing preventable injury and death to patients in the future.

Medical Professional Diagnostic Errors: $5.3 Million Awarded to Woman for Skin Cancer Untimely Diagnosis

Michael Monheit — Thu, 07 Oct 2010 20:22:34 +0000

Medical malpractice in Pennsylvania and throughout the nation includes diagnostic errors such as missed, delayed, or incorrect diagnoses, in addition to other forms of negligence on the part of a medical professional. A recent Wall Street Journal article reports that cancer is the most commonly misdiagnosed condition either due to the failure to diagnose or a delay in diagnosis. The article also states that diagnostic errors are the main reason for medical malpractice, amounting to approximately 40% of malpractice lawsuits.

With the above information in mind, The Legal Intelligencer reports that a woman has recently been awarded $5.3 million for the untimely diagnosis of skin cancer, which has caused significant deformity to half of her face. A jury determined that the woman’s dermatologist failed to timely diagnose a lesion on her cheek. Because of the delay in diagnosis, the common form of cancer on the woman’s face developed into a much more aggressive form of cancer and spread. The woman underwent about ten surgeries and intensive radiation treatment that caused increased deformity of her face and led to her having difficulty opening her mouth, chewing, and talking.

As patients, we value the opinion of our doctors and trust that they are making the right decisions. However, as the woman’s case demonstrates, medical professionals can overlook life-threatening medical conditions. A Harrisburg, PA medical malpractice lawyer can help patients who have been injured and family members of patients wrongfully killed due to misdiagnosis, physician error, or hospital negligence.