Dan Thistle Do not threaten, or even indicate, to the doctor that you may file a medical malpractice lawsuit. Threats will not solve your problem, but may, in fact, make things worse. So instead of threatening your doctor, we suggest you take the following steps: 1. Order all your medical records pertaining to the malpractice. You have … Read more
If your doctor prescribes the wrong medicine and you suffer an injury, you may have a valid medical malpractice claim. However, a doctor is only liable if he or she actually made the mistake, not someone else, such as a pharmacist or the drug company. It sounds simple, but it can be difficult to prove … Read more
Punitive damages can be difficult to achieve in any case, but especially so in medical malpractice cases. This is because ordinary negligence, or even gross negligence, does not entitle a plaintiff to a punitive damages award. In order to be awarded punitive damages a plaintiff must establish that the defendant has acted in an outrageous … Read more
Doctors can order a variety of diagnostic studies to assist them in determining a patient’s injury or disease. One such group of diagnostic studies are x-rays, CT scans, and MRIs. These are all non-invasive studies reviewed and interpreted by radiologists. Radiologists form a specialized field that is responsible for administering tests and interpreting the results … Read more
An injury to your back following an auto accident, slip and fall, or during surgery (such as a cut nerve) can be severely debilitating. This is because your back includes your spinal cord with nerves running to all parts of your body. Serious damage to those nerves can cause numbness, weakness, pain, or even loss … Read more
Pennsylvania and New Jersey, like every state, requires you to purchase and maintain automobile insurance in order to legally drive a car. This is called “financial responsibility”. This insurance will include bodily injury liability – coverage for when a driver causes an accident and causes bodily or physical harm to someone. However both states only … Read more
Pennsylvania drivers are given two options when selecting auto insurance coverage. They must chose between Limited Tort or Full Tort coverage. Depending on which option you choose your ability to recover damages, if you are involved in an auto accident, could be restricted. Limited Tort, with less expensive premiums than Full Tort, provides limited coverage … Read more
Atrial fibrillation is an irregular, rapid heart rate and can increase a person’s risk of a stroke 5 times. It is the mismanagement of patients with atrial fibrillation that can result in serious harm to them, including death by stroke, and is usually the focus of malpractice claims in this area of medicine. During atrial … Read more
If a member of your family has an accident or significant change in their medical condition – such as declining health, bed sores, etc. – while a resident at a nursing home, it must notify both your doctor and you by statute. According to the Nursing Home Reform Act §483.10(g)(14) a nursing home must immediately … Read more
If your family member or loved one is staying at a nursing home they have rights under the Nursing Home Reform Act, otherwise known as the Omnibus Budget Reconciliation Act of 1987 (OBRA), 42 CFR 483, et. seq. This includes the right to be treated with respect and dignity (42 CFR 483.10(e)). This means that … Read more