Chief Justice of Pennsylvania, Ronald D. Castille, says the states decline can be attributed to the state's Supreme Court making two changes in 2003 to the medical malpractice laws. First, the rule required attorneys to obtain a certificate of merit from a medical professional in order to establish that a medical procedure in a case is outside the acceptable professional medical standards. Secondly, a medical malpractice claim can only be brought in the county in which the cause of action took place.
]]> Basically, that prevented someone from taking a claim outside a state which had limits or caps on medical malpractice awards. Currently, Pennsylvania does not have a cap on compensatory damages in a medical malpractice claim. Compensatory damages can include lost wages, medical expenses and burial expenses in cases involving wrongful death claims.The number of claims leveling off suggests the rule changes of almost a decade ago have addressed the concerns over medical malpractice litigation, said Justice Castille. Exactly what those concerns were was not mentioned.
It is medical errors that are at issue, not medical malpractice lawsuits, said Mr. Taylor. As a percentage of our total healthcare costs, medical malpractice payments have steadily declined over the last decade, but is access to health care getting any better, he asked. This makes us question whether the medical profession's claims that medical malpractice suits are limiting the quality and access to healthcare have any merit.
In the decade between 2000 and 2010, spending on health care rose 90 percent, while medical malpractice payments fell 12 percent. Consumers are not seeing the benefits they were promised by this medical malpractice reform, according to Taylor.
Source: PennLive.com, "Medical Malpractice Claims Hold Steady Across Pennsylvania," Jim Hook, May 8, 2012
]]>The goal is to reduce everything from falls and other hospital injuries to wrong site surgical errors and adverse drug affects. The grant reflects the success of three regional programs which will now be expanded statewide. One of these programs involved 19 different medical facilities and resulted in the prevention of all wrong-site surgical errors in the operating rooms in one year. Another program was able to reduce injury inducing falls by over 30 percent.
]]> Hospital mistakes such as surgical errors, prescription medication mix-ups and negligence can further exacerbate a patients overall health, and thus is a widespread problem studied by the U.S. government. If you or a family member has been harmed by a doctor or health care facility, there are medical malpractice and personal injury laws that allow you to seek compensation for your injuries. Filing such a claim also brings to light the problems that exist in some health care systems and may well prevent similar mistakes from happening to others.The programs initiated by the Pennsylvania Patient Safety Authority this year train health care providers and staff on how to investigate patient safety issues and potential problem areas using communication and teamwork with the overall goal of improving patient safety. The grant coincides with the state's current budget proposal debate that includes incorporating the Authority with the Department of Health. A move many believe could effect hospitals' voluntary participation in patient safety collaborations.
The authority maintains that its independence is what allows it to have higher participation among healthcare facilities and thus greater impact on identifying problem areas and improving patient safety compared to similar authorities in other states that fall under the authority of the State's health departments. It also allows them to share best practices more openly than do authorities under the control of state health departments.
Source: Medcities Hospitals "Patient safety advocacy group to cut hospital mistakes gets $1.6 million grant," Stephanie Baum, April 30, 2012
]]>Of course, the costly portion of litigation in this bill is aimed at saving money for doctors, medical staff and facilities as well as the insurance companies, not the victims of negligence. The vast majority of personal injury and medical malpractice attorneys take cases on a contingency fee basis; meaning the attorneys only receives a fee if the victim receives a settlement.
]]> As reported in a previous post, the bill aims to limit the amount of damages to $250,000 a victim or surviving family members can receive in the event of a medical malpractice or wrongful death claim. Additionally, the bill aims to set up a rate sheet of sorts for various levels of harm caused by the doctors or medical staff. The idea is to have insurance companies and the doctors they cover agree on a settlement amount early in the process of a medical malpractice claim in order to avoid the uncertainty and costs of a trial before a jury.The maximum amount outlined in the rate sheet includes $117,000 for a claim of grave harm or wrongful death and a minimum of $1,700 for a minor injury. The problem, say some critics, is once a plaintiff accepts an early offer he or she gives up all rights to further compensation for medical expenses, and there is no compensation available for pain and suffering.
Furthermore, the bill contains a list of losses a victim could suffer through the negligence of a medical care provider in which no claim could be made for any damages. Here are just a few of those losses that a victim of medical malpractice could not claim recovery for:
•· Pain and suffering, punitive damages, mental anguish, emotional pain and suffering
•· Enhanced compensatory damages
•· Exemplary damages
•· Loss of earning capacity, companionship, comfort, protection, marital or parental care
Basically, the bill prevents claiming non-economic damages of any sort. Additionally, if you were not working or earning an income at the time of your injury, you would not be entitled to claim lost wages since you were not working, regardless of the fact that your injuries may actually prevent you from returning to work.
Watch our blog for more updates on the progress of the bill as it goes through the House of Representatives and its Judiciary Committee.
Source: Nashua Telegrah "Malpractice bill not right solution," April 23, 2012
]]>The patient now struggles with trying to understand how this could have happened, and will wonder for the rest of her life, if her cancer could have been curable had doctors not continually failed to diagnose the breast cancer. Pennsylvania residents may be interested in her heartfelt story and the advice she offers. Here are some of the things she learned and the steps she wishes she would have taken knowing what she knows now.
]]>After meeting with care-providers to better understand the rationale behind their decisions, this brave woman identified these steps to help others. She has provided a 15-page document which outlines her experience and recommendations for changes at the medical center responsible for her delayed diagnosis.
According to legal representatives from Duke University's Medical Center, the failure to diagnose her cancer was a 'series of unfortunate events.' No report on whether or not the patient is contemplating a medical malpractice claim for the repeated failures of doctors to diagnose her cancer.
Source: The News & Observer, "The pain of a missed diagnosis," Karen Holliman, April 10, 2012
]]>This story of missed diagnosis begins in 2007 when the patient first began feeling unexplained back pain and extreme fatigue. She went to the world-class medical facility, however says her story could involve any health care facility.
]]> After numerous tests and doctor visits she was unable to get a definitive diagnosis for her pain. However, she feels her medical record held the answers as early as February 2008. That is when an MRI showed the possibility of cancer in multiple vertebrae. A bone scan followed which indicated a degenerative arthritic problem and radiology did not order a biopsy to determine which test was accurate, the MRI or the bone scan.Her doctor was then left with little information to go on and took radiology's no further testing approach as confirmation she did not have cancer. Years of unnecessary suffering ensued. Then in October of 2010, her complaints of extreme pain resulted in her pain doctor urging her to go to the emergency room where she received 2 injections of Dilaudid. She was not examined by a doctor and her medical records were not updated accurately. A second visit to the ER was required and her pain doctor had called in advance and ordered an emergency MRI. She was denied the MRI that evening.
In November 2010, she received that MRI, which finally revealed the truth, cancerous tumors had spread throughout her entire spine, sacrum and pelvis, and she had a compression fracture. Biopsies were finally ordered and she had her answer: metastatic breast cancer, stage IV. Her cancer was missed over a series of events involving mistakes by multiple doctors and clinics, and now she is left wondering how this could happen.
The delay in diagnosing her cancer resulted in her continuing to take the hormone therapy that was feeding the cancer, allowing it to thrive for years. Doctors do make mistakes and more often than one might think. Medical malpractice suits often result from a misdiagnosis such as this, and just maybe some of these lawsuits will prevent future instances of medical negligence and fatal doctor errors in the future.
Watch for our post next week on how this one woman's compassionate advice can help you become your own health care advocate and help ensure this doesn't happen to your family.
Source: The News & Observer, "The pain of a missed diagnosis," Karen Holliman, April 10, 2012
]]>The construction worker was from New Jersey and was an avid fan of Philadelphia sports teams, according to a friend. The crane was lowered into position to pick up a load when a loud noise was heard just before the crane's boom collapsed, according to witness reports. The crane had a 230-ton capacity and the boom section of the crane was not part of the inspection performed in January.
]]> Because the crane could not be laid down in order to properly inspect the boom, that section was not inspected. No deficiencies were found at that time and the equipment was approved for continued use and granted a three-month extension before the next inspection. The crane was due for a full inspection just two days after the accident occurred.Construction sites are inherently prone to accidents, especially when large mechanical equipment is involved. Heavy equipment has strict safety inspection standards in order to ensure construction workers and the general public in the vicinity of the site are kept safe. When the crane's boom collapsed, the victim was pinned under the large boom while three others were injured in the accident. Although no report on the type of injuries suffered by these workers, depending on the severity of their injuries, a workers' compensation claim could be filed along with a personal injury claim.
In the case of the deceased victim, his family members may have a wrongful death claim against the responsible entity for the crane's safety inspections. A wrongful death claim allows family members to seek compensation for damages, such as future lost wages, medical and funeral expenses, as well as pain and suffering. A personal injury attorney can assist families with determining the full extent of damages and pursue a wrongful death action.
Investigators will be looking into how the crane was used and operated since it was last inspected and, of course the crane's maintenance reports. A veteran crane operator and inspector said a cable failure could have been the cause of the crane's collapse; however New York City's Building Department will investigate to establish the cause of the fatal accident.
Source: The Wall Street Journal, "Fatal Crane Was About to Be Checked," Ted Mann, April 4, 2012
]]>Sources say the bill is unlikely to be taken up by the Democratic-controlled Senate; however it has been vigorously debated at a time when health care reform remains a hot topic in the media and among voters.
]]> Sources say the bill is unlikely to be taken up by the Democratic-controlled Senate; however it has been vigorously debated at a time when health care reform remains a hot topic in the media and among voters.Essentially the bill would require a $250,000 cap on non-economic damages suffered in a health-related injury caused by negligence. It also would cut contingency fees and limit punitive damages to two times the amount of economic damages up to $250,000, whichever is the greater amount.
According to the president of the American Association of Justice, the vote in Congress basically strips away an injured patient's legal rights, reduces the accountability of doctors and healthcare providers for sub-standard care, and leaves more Americans at risk for even more injuries caused by negligence.
Medical malpractice is not the only type of litigation that would be affected by this measure. A wide variety of litigation would be affected, including nursing home negligence, medical device failures and pharmaceutical and drug errors. And it doesn't end there. Cases involving bad faith by insurance companies and intentional tort cases, including cases involving the physical or sexual abuse by doctors and care givers would be affected by this legislation.
Imagine losing your child through a negligent or reckless action of a doctor who made a surgical error. Aside from the heartbreak and torment you feel, the joy of raising your child and watching him or her grow up and live a full and healthy life have all been taken away from you. If this measure passed the U.S. Senate, your wrongful death action in this case would be capped at $250,000 for all your pain and suffering.
Now, consider you lost your child through the negligent and careless action of a drunk driver. That same jury is not held to a maximum non-economic damage award of $250,000, although your pain and suffering is the same as that of a wrongful death due to a medical malpractice claim. That is the controversy created by the introduction of this bill.
Source: LIBN.com, "House passes health care malpractice reform bill," Kimberly Atkins, Mar. 22, 2012
]]>Pennsylvanians may remember when the makers of the diet drug "fen-phen" pulled their product from store shelves in 1997 after reports of heart-valve issues that proved fatal in some cases. And, after studies showed the weight loss drug Meridia increased risks for heart attacks and stroke in some patients, its maker, Abbott Laboratories pulled the drug off the U.S. market as well.
]]> An FDA advisory panel is asking if, and when it should require clinical trials before approving the new drugs for marketing in the U.S. A two-day meeting this week will begin discussions on the heart health benefits of losing weight versus the negative affects the drugs may have on heart health.The advisory panel came about as a number of weight loss drugs are awaiting approval for marketing in the U.S., including Vivus, Inc.'s Onexa and Arena Pharmaceuticals Inc.'s lorcaserin. Many weight loss drugs have failed in the past and been pulled from the market for safety issues after receiving approvals. Regulators have expressed concerns over studies that showed lorcaserin was linked to cancerous tumors in rats.
There are numerous cases of new drugs causing health problems for consumers and examples of drug recalls are becoming an almost daily occurrence. If you or a family member has been harmed by a recalled or defective drug, there is recourse in the form of product liability and personal injury law. A personal injury attorney can help you determine if you have a claim and recover any financial damages the drugs may have caused.
In cases where a drug such as fen-phen has shown to be fatal, a wrongful death claim can be filed to aid the family in dealing with the pain and suffering as well as the financial fallout that the loss of a loved one can bring.
The FDA already requires manufacturers of type 2 diabetes drugs to show they do not increase risks for heart problems and to test patients who are considered at a higher risk for heart diseases. After reviewing clinical trials for the latest wave of weight loss drugs, the FDA will vote later this week on whether or not it will require makers to prove their drugs do not increase heart risks before they are approved for the U.S. market.
Source: Chicago Tribune/Reuters, "Government ponders heart safety trials for obesity drugs," Anna Yukhananov, Mar. 26, 2012
]]>The northbound tractor trailer truck crossed into the southbound lanes and hit the bus almost head-on, according to a state trooper. Two adults and three students on the bus were flown to a hospital in Johnstown with one adult in critical condition and the others were reported in fair condition. One student was treated and released from the hospital. Another child was flown to a different hospital in Pittsburgh and was later listed in good condition.
]]> Another eight students were sent to the hospital via ambulance and several others were brought to the hospital by bus. No report on the injuries or conditions of those individuals.This latest bus accident follows a series of fatal bus accidents last week, including a tourist bus in Belgium that killed 28 people, including 22 children. In eastern Missouri 11 students were injured when their bus skidded off the road into a ditch, and an Indianapolis, a bus slammed into a bridge killing a 5-year-old girl and the driver of the bus. Two other children were also critically injured in that accident.
The majority of states require drivers and passengers in cars and trucks to wear seat belts, but not passengers in buses. Victims of bus accidents can be subject to more serious injuries in some cases due to the fact they are not required to wear seat belts while riding on the bus. In cases involving high speeds or intense sudden impact such as the head-on crash with a tractor-trailer truck near Rockwood, head, neck and spinal cord injuries can occur as the passengers are slammed into the seats in front of them, or in some cases thrown about the bus hitting anything in their path.
If you or a family member has been involved in a bus or truck accident it is important to consult with an attorney to understand your legal right to seek financial relief, including compensation for medical expenses and pain and suffering.
Source: The Huffington Post, "Pennsylvania School Bus Crashes With Tractor-Trailer, Injures 15," Mar. 14, 2012
]]>The lawsuit was filed on the patient's behalf by a family member because the patient is now deceased. The suit claims that the rehabilitation facility's care did not meet accepted minimum standards and the treatment left the patient with severe burns, gangrene in his hands and disfigurement. Ultimately the treatment resulted in "extreme pain and suffering" and the patient's inability to use his hands, according to the suit.
]]> Typically, medical malpractice lawsuits are filed under the general theory that a medical professional acted negligently in treating his or her patient. For a case to be successful, the plaintiff must prove several conditions, including an applicable standard of care and demonstrate how the care provider deviated from that standard. They must also show how this deviation from the standard of care caused the injury to the patient.The laws regulating medical malpractice claims are created to protect a patient's rights to pursue monetary damages if he or she is injured through negligence or omission of a health care provider. Omission can be the failure to treat or diagnose an illness or injury. The laws can be complex and the burden of proof varies from state to state. In this lawsuit the patient's family member is asking for compensatory damages plus all related medical costs, including hospital, surgical and nursing expenses.
Source: Beaver County Times, "Rochester man sues Aliquippa rehab center alleging negligent care," Jenny Wagner, Feb. 26, 2012
]]>According to the recent survey, fewer teens are concerned about the danger of driving under the influence of marijuana than in previous years. Fewer teens identified the use of marijuana as "very" or "extremely" distracting to their ability to drive. In the most recent edition of the survey, which was conducted in January 2011, around 70 percent of teens characterized marijuana use and driving as very or extremely distracting. In 2009, around 78 percent of teens identified the combination as very or extremely distracting.
The survey is conducted annually by a private insurance company and asked teens if they were "distracted" rather than "impaired" while driving under the influence of marijuana or alcohol. The survey has been conducted since 2000 and asks 2,300 11th- and 12th-graders from around the country about their views on driving.
Government surveys that have addressed the same issue show a decline in the use of marijuana among teens and the government surveys also show a decline among in teens' willingness to ride with a driver who is under the influence of marijuana or alcohol. The recent survey conducted by the private insurance company shows a slight discrepancy.
]]> The insurance company's survey shows a slight increase in the number of teens driving after marijuana or alcohol use or both. While the number of teens who admitted to driving under the influence increase, the majority of teens did not admit to such behavior.Source: courant.com, "More teens are relaxing attitudes about marijuana's effect on driving, insurer survey says," Matthew Sturdevant, Feb. 22, 2012
]]>According to the Governors Highway Safety Association, the number of teen driver deaths caused by car accidents jumped during the first six months of 2011. If the trend continues it would mark the first year that teen driver deaths have increased since 2003. Statistically, there are more teenage car accidents during the second part of the year.
The first six months of 2011 saw 211 deaths among teen drivers ages 16 to 17. In comparison, there were 190 deaths among teen drivers during the same period of 2010. The difference translates to an 11 percent increase. The increase is significant because law enforcement and safety officials have been working on reducing the death rate among teen drivers for years. In 1995 there were 1,015 deaths among 16- to 17-year-old drivers, and in 2010 there were just over 400 deaths.
Each state contributed statistics to the report and different states saw different trends among teen drivers. A majority of states reported an increase in the number of teen driver deaths during the first part of 2011, but 19 states reported decreases. Eight states and Washington D.C. reported no change.
]]> Experts are not sure what has caused the increase, but they offer a few explanations. The spike in deaths could be related to an improving economy where more teens may have decided to start driving and therefore increase their exposure to risk. In previous years that were tougher economically, teens may have not chosen to learn to drive because of costs. Experts also surmise that the benefits of graduated licensing laws may have leveled off.Source: The New York Times, "Fatalities among teenage drivers rose in first half of 2011, study finds," Tanya Mohn, Feb. 16, 2012
]]>The family of former linebacker Wally Higenberg filed a wrongful death suit in federal court today, and the lawsuit claims Higenberg died from a degenerative brain disease caused by repeated concussions sustained during his long career in the NFL. Wally Higenberg played in the NFL for 16 seasons. He went to four Super Bowls with the Minnesota Vikings and he also played for the Detroit Lions before he retired from the NFL in 1979.
After his retirement from the NFL, Higenberg formed a successful real estate business with a former teammate, but in 2003 Higenberg began to suffer from memory loss and muscle weakness. He was diagnosed with Amyotrophic Lateral Sclerosis (ALS), better known as Lou Gehrig's disease. Higenberg died in 2008 at age 66. Some of Higenberg's organs were donated to Boston University's Center for the Study of Traumatic Encephalomyopathy, and the University later announced the former professional linebacker's death was caused by Chronic Traumatic Encephalomyopathy.
]]> The wrongful death lawsuit filed by Higenberg's family argues that the NFL has known about the dangers of repeated concussions for decades and as recently as 2009, the league has tried to cover up the link between concussions and long-term mental health issues among former players. A study funded by the NFL found that more than 6 percent of NFL players age 50 and older reported being diagnosed with dementia, Alzheimer's and other memory related conditions. In comparison, the study found that only 1.2 percent of men age 50 and older in the general population were diagnosed with dementia and related illnesses.Source: Courthouse News Service, "Vet's family sues NFL for wrongful death," Philip A. Janquart, Feb. 13, 2012
]]>Last week, representatives in Congress introduced a bill called the American Energy and Infrastructure Jobs Act. The proposed law would provide $260 billion to fund federal highway projects across the country. However, one provision of the bill would also allow for larger trucks on highways by increasing the federal weight limit from 80,000 pounds to 97,000 pounds. In some instances, semis as heavy as 126,000 pounds would be allowed onto highways.
The provision would also allow 18-wheelers to be longer. Some big rigs already haul two or three trailers and the proposed law would allow trucks to be 10 feet longer. The total length of semis could be more than 100 feet. Some drivers are already intimidated by the size of semis currently on the road and those against the controversial provision say now is not the time to allow for bigger trucks.
Opponents of the provision say larger trucks on the road will lead to more traffic fatalities because bigger trucks will require greater distances to stop and the greater weight will cause deadlier accidents. Those in favor of the provision say the danger of bigger trucks can be mitigated by a sixth axle. They argue trucks can be outfitted with a sixth axle that would help maintain braking and handling of the bigger rigs.
]]> Those in Congress who oppose the measure say they will try every legislative tactic to prevent the passage of the provision.Source: CNN, "New transportation bill creates safety concerns over bigger rigs," Greg Clary, Feb. 1, 2012
]]>Beginning March 8, drivers who text, email or search the internet while driving will face a $50 fine. Pennsylvania's new ban on texting while driving is a primary offense law; which means that a police officer can pull a driver over if the officer sees a driver texting. An officer does not have to state another reason to pull the driver over.
Under the ban, the use of a wireless phone, smartphone, portable or mobile computer, personal digital assistant or similar device cannot be used for texting, instant messaging, browsing the internet or emailing by a driver. The purpose of the law, according to state policymakers, is to change the current culture of distracted driving and to educate the public on the risk of texting while driving. Often the danger of texting while driving is compared to the danger of driving while legally intoxicated. While it is clear that texting and driving is dangerous, the ability of police officers to spot drivers breaking the texting ban may not be so straightforward.
While the law bans texting and surfing the internet while behind the wheel, the law does not ban the use of cellphones for talking. Police officers will therefore have to see drivers actually texting before tickets can be issued.
]]> Under the ban, a police officer cannot take a driver's cellphone to check whether or not the driver was texting. A driver can give a police officer permission to check the phone. Further, police can ask for the phone, but the driver is not required to hand it over.Hopefully the law will help change the culture of distracted driving in Pennsylvania, even though it may be tough to enforce.
Source: phillyburbs.com, "Drivers who text will soon be ticketed," Bill Devlin, Jan. 30, 2012
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