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Medical Malpractice Archives

What recourse is there for a nursing home injury?

When it comes time to put an older relative into a nursing home, Pennsylvania residents are careful to choose one where their loved one will be well cared for. Although there are many fine employees at many nursing homes, there are some other nursing homes with problems. Also, harmful mistakes can happen at even the best of nursing homes. What recourse is there when a loved one suffers a nursing home injury?

Advocating for patients following diagnostic errors

When Pennsylvania residents fall ill or are seriously injured, they rely on medical professionals to diagnose and treat them. Additionally, patients trust that their doctors will catch any abnormalities or concerns during their course of treatment. While this is the situation in an ideal world, in reality, errors and mistakes can occur with the medical care of a patient. Because physicians, surgeons, nurses and medical staff are all humans, they are prone to human errors. And when such mistakes occur, a patient's health and wellbeing could be placed at risk.

What is medical malpractice and how is it proven in court?

Berks County residents have no doubt seen stories about medical malpractice cases in the news and elsewhere. Maybe it was a big, million-dollar verdict that grabbed the headlines. Maybe a friend, family member or co-worker has been a plaintiff in a medical malpractice case. But, what exactly is medical malpractice? How does a plaintiff win a medical malpractice case?

Pathologist error leads to needless mastectomy

Many medical malpractice cases in Pennsylvania and elsewhere are predicated on a physician's failure to diagnose an illness. What happens when a doctor "finds" an illness that is not, in fact, present in the patient's body? The filing of a recent medical malpractice case in New York City brings this issue into sharp focus.

Chiropractor sued for wrongful death in malpractice case

Residents of Reading and Berks County frequently visit chiropractors for treatment of back pain and joint injury. Chiropractic patients rarely view their treatment as potentially dangerous, but even chiropractors can commit malpractice with catastrophic consequences. A medical malpractice case recently filed in Los Angeles demonstrates how chiropractic treatment of the cervical spine, if not done properly, can lead to serious injury and even death.

Medical malpractice suit settles just as trial was about to begin

The image of a lawsuit settling "on the courthouse steps" generally connotes a last-minute agreement by the parties to resolve their dispute without a trial. A real life example of this phenomenon occurred a few days ago in a medical malpractice lawsuit in Berks County court.

Jury awards $1 million in medical malpractice case

Pennsylvania courts have long recognized that the failure to prescribe or administer a necessary medication may constitute medical malpractice. In a reversal of this situation, a recent jury verdict in a medical malpractice case resulted in an $1 million award for excessive medication.

Appeals court upholds medical malpractice verdict

Medical malpractice comes in many forms: failure to diagnose a medical condition, improper treatment of an illness, surgical error and many others. Doctors in Pennsylvania and elsewhere are held to an exacting standard in treating patients: they must use the same degree of skill and care as other doctors in the specialty in diagnosing and treating patients. In a recent appellate court decision, the failure of a physician to diagnose the spread of cancer to the patient's brain was held by an appellate court to be a departure from the applicable standard of care.

Court allows access to patient metadata in malpractice lawsuit

The advance of information technology has increased the complexity of medical practice litigation by adding several new categories of information that may be demanded during the discovery phase of the case. A recent case in Pennsylvania has pushed the boundaries once again as the trial court was asked to decide whether the plaintiff's attorneys in a medical malpractice case could gain access to the so-called metadata in their client's digital medical records.

Pennsylvania appeals court reinstates medical malpractice case

Medical malpractice cases can involve complex questions of law and fact. Occasionally, one rule can affect the application of another. In a recent decision of the Pennsylvania Superior Court, a jury's finding in favor of the defendant doctor in a medical malpractice case was reversed because the trial court erroneously allowed the introduction of evidence about the risks of hysterectomies.

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The Law Firm of Leisawitz Heller
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Hamburg, PA 19526

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