Category Archives: Medical Malpractice
What would nursing homes be like without the civil justice system?
Stories of neglect are all too common in nursing homes all across America. Its estimated that 14,000 nursing home residents have died from malnutrition and dehydration alone. In addition, nearly 160,000 residents have had at least one pressure ulcer, yet only 35 percent of those with the most severe ulcers have received special care… Read More »
Pennsylvania Court Affirms Judgment Excluding Expert Testimony in Medical Malpractice Case
In a case involving medical malpractice, the Pennsylvania Superior Court determined whether the trial court abused its discretion by precluding the defendant doctor from offering expert witness testimony in the field of radiology. At issue was whether the doctor held sufficient qualifications and expertise, beyond what is considered ordinary. Dr. Andrew Albert, an anesthesiologist,… Read More »
Pennsylvania Superior Court Reverses Ruling Requiring Alleged At-Fault Physician to Disclose His Alcohol Treatment Records
In all Pennsylvania personal injury suits, the allegedly at-fault party must owe a duty to the injured person. If the defendant fails to uphold his or her duty under the law, and an injury results because of the failure, the injured person can receive compensation for the expenses incurred, which include lost wages and… Read More »
Superior Court of Pennsylvania Upholds Deceased’s Estate’s Right to File Wrongful Death Suit Over Arbitration
In Pennsylvania, when parties enter into an agreement with one another, part of that agreement may include a requirement to arbitrate a claim in lieu of filing a lawsuit through the Commonwealth’s court system. Arbitration operates similarly to the judicial system, with an arbitrator deciding the case rather than an elected judge or jury…. Read More »
Pennsylvania Child With Severe Birth Defects Granted New Trial in Personal Injury Case
Experienced litigators are crucial in order to effectively try a personal injury lawsuit. The majority of suits do not go to trial and are often settled before the trial date is reached. However, for those that do go to trial, knowledge of the law and what’s permitted by the civil rules of procedure is… Read More »
Pennsylvania Case Reviews Complexities of Medical Malpractice Suits
To successfully pursue and recover compensation in different types of Pennsylvania personal injury cases, a unique legal strategy must be considered and used for each case. Some cases, like car accidents, rely on photos of the damage and physical injury, and they benefit from witness statements taken close to the time of the accident…. Read More »
Recent Pennsylvania Case Addresses Asbestos Civil Suit Requirements
While asbestos is no longer used as popular insulating material, its presence in Pennsylvania and across America is still felt. A once-popular mineral used for its sound absorption, strength, and resistance to fire, it is now synonymous with serious and fatal illnesses, including asbestosis and mesothelioma. The fibrous make-up of the substance makes it… Read More »
Federal Appellate Court Reverses Ruling and Allows Those Injured by Asbestos to Pursue Claims Against Talc-Product Company
While it is rare to see a cancer diagnosis associated with a personal injury action, there are certain types of cancers like mesothelioma that are caused by negligent and reckless asbestos exposure. Certain workers and family members may have been unnecessarily exposed to asbestos while employed in the construction industry or for a company… Read More »
Superior Court of Pennsylvania Ruling Allows Injured Patient to Pursue Medical Malpractice Claim
When faced with a serious operation in Pennsylvania, you want your doctor to perform to the best of her or his abilities. In any procedure or examination, surgeons are expected to uphold the standards and practices of their profession. When a doctor fails to provide this level of care, he or she may be… Read More »
Woman Provided Facial Reconstruction Surgery to Repair Damage from Cancer Misdiagnosis
A cancer diagnosis is a trying and often traumatic event in the lives of patients, but to undergo weeks and months of cancer treatment all to discover its misdiagnosis is a travesty. The intensity of unnecessary cancer treatment can cause serious, life-long injuries and require an equal amount of energy and money to repair…. Read More »
