Philadelphia Personal Injury Lawyer Blog

A Northampton County jury awarded a Northampton woman $400,000 today in a medical malpractice lawsuit against a Bethlehem doctor.

According to court documents: Renna in April 2004 found two masses in her breasts and was referred to Schadt. In May 2004, Schadt performed a fine-needle aspiration biopsy to detect if the cysts were cancerous, and the results were negative. Renna returned in March 2005, and a second fine-needle aspiration was performed, but this time the results were positive for cancer. In April 22, 2005, Renna had an excisional biopsy, where the cysts and surrounding area were removed. Three days later, Renna learned she had invasive carcinoma stage III. Renna had a radical mastectomy performed on her right breast and a simple mastectomy on her left breast. Renna's attorneys argued following the initial biopsy results Schadt should have followed up with a more complete biopsy that removed a larger tissue sample to test.

Source: lehighvalleylive.com, Friday, April 29, 2011

According to the American Cancer Society's Cancer Facts & Figures, 2008, 1,437,180 Americans will have developed some form of cancer. Of those cancer victims, approximately 565,650 will succumb to the disease.

A delay in diagnosis or misdiagnosis of a medical condition can prevent a patient from seeking needed diagnostic testing and may deny a patient the opportunity to receive treatment that could improve their condition. This is particularly true in cases of cancer misdiagnosis or other such conditions where early treatment is vital.

Failure to diagnose or misdiagnosis of cancer is mistake that physicians make frequently. Doctors can fail to diagnose a serious illness, such as cancer, by not performing a specific medical test that could have disclosed the disease. Physicians who are inattentive, negligent or outright incompetent should be held accountable for their actions. By failing to adhere to basic standards of care, they put their patients at risk of injury and death. If you suspect that this has happened to you, you should first seek a second medical opinion. Then, you should contact a qualified attorney who has experience handling these types of medical malpractice cases.

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The number of malpractice lawsuits filed against doctors and hospitals in Pennsylvania dropped last year for the sixth year in a row.

The total was 1,491, according to a report last week by the Administrative Office of Pennsylvania Courts - about half the peak of 2,904 in 2002.

Court officials reported that 163 cases last year had reached a jury, and that 133 verdicts - 82 percent - had favored the defense.

The decline has followed legal changes that the legislature cloaked under the veil of weeding out "frivolous cases." One rule required that a doctor file a certificate of merit within sixty (60) days of the original complaint. The Certificate must state that an appropriately licensed professional has supplied a written statement that there exists "a reasonable probability" that the care, skill or knowledge exercised by the defendant fell outside the acceptable professional standard. Another required that the suit be heard brought in the jurisdiction where the treatment was rendered, preventing lawyers from filing in counties where they believe juries will be more sympathetic.

These changes in the law, along with many other legal hurdles, have made it tougher for a victim of medical malpractice to get their case heard by a jury. Many times, law firms will decline a medical malpractice case even when liability is clear because of the significant expense and investment of time that will take to pursue the case. The unfortunate reality is that these legal changes intended to weed out "frivolous cases" actually restrict victims of malpractice from accessing the Court. Unless the malpractice results in a catastrophic or debilitating injury, law firms are not willing to risk the immense amounts of time and resources it will take to pursue the case, leaving the victim without recourse for their pain and suffering.

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A 20-year-old Kennett Square man died and two other people were injured in a two-car accident Tuesday night near Longwood Gardens, police said Wednesday.

Ryan C. Knight, a passenger in a Mitsubishi Eclipse that was turning left from northbound Route 1 onto northbound Route 52, died when the Eclipse traveled into the path of an oncoming car at 11:10, police said. The Eclipse driver, Brian P. Hopkins, 20, of Forest Hill, Md., was taken to Crozer-Chester Medical Center with injuries that included multiple leg fractures, his sister Christine Hopkins said.

When an automobile accident occurs with a vehicle attempting to make a left turn, the law sets forth certain rules and presumptions regarding the fault of the parties involved. It is well known that a left turn can be an extremely dangerous maneuver because the left turning vehicle enters a lane with traffic traveling in an opposite direction, often at high speeds. In fact, some courts have stated that the left turn is the most dangerous maneuver a motorist may execute, and thus great caution must always be undertaken.

An automobile turning left has the duty to yield to traffic approaching from the opposite direction which are within the intersection or so close thereto as to set forth an immediate danger. Even when faced with a green light permitting the motorist to enter an intersection, caution should be used and the driver has a duty to look and ensure his lane of travel is clear before turning.

If you or a loved one has been injured due the negligence of another driver, you should contact a lawyer to help determine your rights. In cases involving serious injury and long term disability, your lawyer should always be contacted right away.

A man was critically injured early Sunday morning when he was thrown from the vehicle in which he was riding after it veered from southbound Columbus Boulevard near Market Street to the northbound side, where it struck an oncoming car and overturned.
Police said the driver of the overturned car, which was destroyed, ran off.

The 27-year-old passenger was taken to Hahnemann University Hospital, where he was in critical condition, police said.

Whenever I read about a tragic accident like this, my heart goes out to the innocent victims who have suffered serious injuries through no fault of their own. Although I am speculating, my experience leads me to believe that the driver who fled the scene of this accident is likely uninsured. Accordingly, his passenger and the other driver will not be able to recover compensation for injuries caused by his carelessness unless they have purchased uninsured motorist insurance.

If you think it is unlikely you will be injured due to an uninsured driver, think again. According to new estimates from the Insurance Research Council (IRC), across the United States, chances are roughly one in seven that a driver is uninsured. For this reason, I personally recommend that every person carry uninsured / underinsured motorist coverage in the amounts of $100,000 per person, $300,000 per occurrence. In order to determine whether you will be protected in the event of an accident with an uninsured driver, you should carefully review your insurance policy and any exclusions or riders that accompany it.

Continue reading "Man critically injured in Columbus Blvd. crash in Philadelphia" »

The general rule is that to recover damages for negligence resulting in death or injury to person, the fact that the plaintiff may have committed contributory negligence does not stop him/her from recovering where such negligence was not greater than the negligence of the defendant(s). Instead, any damages sustained by the plaintiff will be reduced in proportion to the amount of negligence attributed to the plaintiff.

What does this mean? In Pennsylvania, if you are injured in an accident, you can recover monetary damages from a defendant as long as you are found to be no more than 50% liable for damages. If a plaintiff is found to be 50% (or less) liable, each defendant shall be liable for their proportionate total dollar amount awarded as damages.

Currently, Pennsylvania upholds joint and several liability. Under joint and several liability, an injured party may collect the entire award against any party found to be responsible for the accident. It then becomes the responsibility of the defendants to sort out their respective proportions of liability and payment. However, this aspect of the Pennsylvania civil justice system (and injury victim's civil rights) is currently under attack. Republicans in the State Legislature are trying to pass legislation (titled the "Fair Share" Act) that would do away with joint and several liability. If this happens, defendants in many lawsuits only would pay the percentage of damages for which they are found liable - leaving innocent victims of their accidents high and dry - while saving insurance companies money.

If you have been injured, and have questions about how the comparative fault system works in Pennsylvania, you should consult an experienced personal injury attorney to advise you on how these laws will impact your own individual and unique case.

If you were injured in a Philadelphia car accident, you may be entitled to compensation. It is important that you speak with an experienced personal injury lawyer who can look at the unique facts and circumstances of your case and determine if you may be entitled to compensation. What's more, it is important to consult an attorney that is familiar with injury practice in your area because settlements may vary widely from state to state and county to county.

There are numerous factors that come into play when determining if an injured party is entitled to compensation. First, you must look at liability and determine who is at fault for the accident. You will only be entitled to compensation that is due to another person's negligence. If you are 51% (or more) liable for the accident, then you will not be entitled to any compensation. If you are 50% (or less) liable for the accident, your damages will be reduced proportionately by the degree to which your own actions contributed to the cause of the injury.

Second, you must consider whether you are full or limited tort. With limited tort, you give up the right to receive compensation for pain and suffering if you are injured in a car accident in Pennsylvania (although there are exceptions to this rule.) With Full Tort, you are allowed under law to seek money for your pain and suffering due to any injury you receive in an auto accident. If you are unsure which tort option you have selected, you can review your insurance declaration sheet which should provide you with this information.

The amount of compensation awarded will depend on the case, and most importantly, the severity of your injuries and how your injuries have affected your life. Some factors that contribute to the amount of compensation you receive include pain and suffering caused by the injury, what the injury cost you (such as medical bills), any lost wages that have resulted from the injury, if the injury affects your ability to earn a living, your previous income and employment, your age and physical condition prior and subsequent to the accident, and any inconveniences resulting from the injury. In certain circumstances, pain and suffering and punitive damages may be appropriate.

Although there is no exact formula to determine amount of compensation that you may be entitled to due to your injuries, a knowledgeable and skilled attorney will be able to help you to determine or the amount of compensation you may expect to receive. If you are injured, it is important to consult an attorney immediately since the amount of time you have to make a claim is limited.

As a personal injury attorney, I am often asked to help clients that have been injured due to falling on a defective condition of someone else's property. These accidents, referred to as "slip and fall" and/or "trip and fall" cases commonly occur on sidewalks, in common areas outside the home, and at places that do retail business. A slip and fall case is a general name for a class of cases known as premises liability cases.

Not everyone who is injured by falling on another person's property has a case and in fact, these cases can be very difficult to prove. There are specific legal requirements must be proven in order for you to recover compensation due to a defective condition of a floor or walkway. This is why it is critically important to speak with an experienced attorney without delay if you are injured in a slip and fall accident.

If you do fall and injure yourself on someone else's property, you should make sure that receiving medical attention is your first priority. If the owner is present, ask them to call an ambulance for you if necessary. After any necessary emergency treatment is rendered there are several steps that you need to take so to preserve your claim and increase the likelihood of succeeding in litigation.

1. Examine the area where you fell. Maybe there was water on the floor or a broken sidewalk that caused you to fall. In order to recover damages for your injury you will need to show that there was a defective condition of the property. Accordingly, it is important for you to know why you fell.

2. Report the incident to the owner or manager of the property as soon as possible. Tell them that you fell and were injured on their property. Get a copy of the incident report. However, it is important not to give a recorded statement about the facts and circumstances of the accident before consulting a lawyer. If a person gives a recorded statement to an adjuster without consulting a lawyer first, then the person will likely say something which will prevent any recovery. An experienced personal injury attorney can help advise you of the legal elements and defenses at issue and show you how to use this information to your advantage.

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