I think it is probably a good idea to avoid having plastic surgery with a surgeon whose spouse is on the Real Housewives series. Several of these docs are getting pummeled with malpractice lawsuit filings. While the filing of your typical case has no bearing on whether the case will ultimately prevail, I think the opposite is true in medical …
Eye drops / not product liability per se
There is a current recall on eye drops and eye ointments manufactured by Global Pharma Healthcare Private Limited, which is an Indian manufacturing company. Their over the counter eye products were detected to have bacterial infection and were intended to be sterile. So, if you use these products, you may be directly dropping harmful bacteria into your eye. Bad, huh? …
CHRIS MARAGOS VERDICT / LOST EARNINGS
Chris Maragos was a special teams player for the Eagles. He recently won a $40 million dollar verdict in Philadelphia against Rothman Institute in which he claimed that their failure to properly evaluate a meniscus tear in his knee cost him years of football earnings. His lost earnings made the number far higher than any other individual would normally …
The Standard of Care
The key question in these cases is what was the standard of care at the time of the alleged negligence. Unlike in law, where we have years of cases telling us what the general standards are, in medicine, there are few corollaries. If you are an OB-GYN, there is the American College of Gynecologists (ACOG) that outlines a lot of …
BELIEVE ME, YOU DON’T WANT TO HAVE A MEDICAL MALPRACTICE CASE
Successful medical malpractice cases are ones where people die following routine surgery or where their cancer spreads and will kill the patient because it was not caught sooner or where people are permanently blinded by accident or where patients simply are so poorly managed in a nursing home that they are dropped repeatedly suffering fractured hips, internal bleeding etc. Like …
Would You Rather…
Do you think you would rather have 1) a medical malpractice case where the doctor admits he missed something, but the miss has limited or hard to figure damages or 2) a slip and fall case resulting in the doctor admitting he missed something, but the miss has limited or hard to figure damages? Several new cases of mine have …
TELADOC: RECIPE FOR DISASTER
So, Teladoc is a company / platform that has you meet with a doctor on line for various purposes. I am getting ready to travel abroad and am fairly healthy. So, for me, this is a great use of my time, the doctor’s time etc. But, Teladoc and urgent care situations in general present a real risk of inadvertently promoting …
FOX News, Quack Treatments, and the Law
If you are interested in how far down a rabbit hole Fox News can send you, kindly see the attached Shoemaker v. UPMC case. Our Superior Court had to take its time and overlook routine procedures to make the point that just because you want a treatment to be given to you, the Hospital does not have to give …
MENTAL HEALTH PROVIDERS IN PENNSYLVANIA
People often call me with claims that they were mistreated or the victims of perceived malpractice by mental health providers. Claims range from people believing that they were improperly 302’d or had medications switched with bad side effects or were otherwise mistreated. These calls almost uniformly do not turn into actual cases. The aggrieved person may be correct and may …
We all make mistakes: Medical Malpractice
I have been a lawyer for 25 years. I have not been sued for malpractice, yet. Nevertheless, if you are a responsible professional, you will have experienced periods of questioning yourself, others in your profession, or how better you could have handled a case, patient, customer, client etc. We are more highly educated and trained and get paid more …
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