Medical Malpractice Articles
Pennsylvania Supreme Court Declares Pennsylvania’s Seven Year Limit On Medical Malpractice Cases Unconstitutional
On October 31, 2019, the Pennsylvania Supreme Court handed down its opinion in Yanakos v. UPMC and declared Pennsylvania’s statute of repose unconstitutional. Before the Court, UPMC argued the statute of response complied with Article I, Section 11 of the Pennsylvania Constitution. The Court found UPMC proved the statute of repose was related to the important government’s interest of controlling the rising costs associated with medical insurance and medical care. However, UPMC failed to produce evidence of how the statute of repose actually achieved this government interest.
There are various types of medical malpractice cases ranging from surgery on the wrong body part, to misdiagnosis of a disease. If a case of medical malpractice is proven to have caused harm to the patient, the patient is entitled to be compensated the amount of money damages that fairly and adequately compensates the them for all the physical injuries and financial damages he or she has sustained.
The bare minimum required to prove a medical malpractice claim requires a patient to establish: 1. The healthcare provider undertook and had a duty to care for the patient; 2. The healthcare provider violated that duty i.e. deviated from the standard of care and was negligence; 3. The healthcare provider’s negligence was an actual cause of harm to the patient; and 4. Harm in the form of injury or death.
Pennsylvania medical malpractice and wrongful death lawsuits often hinge on the results of an autopsy. This is because the exact cause of death is the starting point for your medical malpractice lawyer to figure out what mistakes were made that led to the outcome. Successful prosecution of a medical malpractice wrongful death lawsuit becomes nearly impossible if the cause of the patient’s death is unclear or unknown.
Osteomyelitis and discitis are infections of the spine. These diseases are rare, but can lead to serious and permanent neurological injuries, including severe pain, paralysis or difficulties walking. Unfortunately, the diagnosis of discitis or osteomyelitis is often delayed by health care providers, because the primary symptom of discitis and osteomyelitis is the very non-specific complaint of back pain.
Imagine a doctor admitting to you that years before your devastating diagnosis the doctor had received important test results but, due to oversight, never told you about them. Now imagine you hire a medical malpractice lawyer who requests all of
You have done your research, talked with your lawyer and are now prepared to structure some or all of your personal injury or medical malpractice settlement. What happens next? This article outlines the basic steps that occur once you decided to invest your settlement in a structured settlement annuity.
We have compiled a list of the eight most common types of medical malpractice, based on our experience handling medical malpractice cases in Pennsylvania for over 40 years. These include injuries in childbirth, surgical errors, medication & prescription mistakes, and more. Read on for the full list and details about each.
As important as it is to know what medical malpractice is, it is also important to know what medical malpractice is not. The fact is, that most healthcare, even a poor outcome, is NOT medical malpractice. Also, in our experience, most doctors and nurses have the best intentions for their patients. But because the stakes are so high in medicine, it is common for patients or their families to wonder if a poor outcome was preventable.
Meyers, Evans, Lupetin & Unatin attorney Brendan Lupetin is representing the widow of veteran Patrick W. Ferris, in a wrongful death medical malpractice lawsuit filed against the United States of America’s Veteran’s Administration. Ferris’ recent wrongful death and medical malpractice lawsuit was recently filed in federal court.