Archive for the ‘Med-Mal News’ Category

Military Medical Malpractice Case Filed Against Government

Thursday, April 12th, 2012

Late last month, a Texas Airman and his wife filed a lawsuit in federal court that could potentially have an impact here in Pennsylvania and across the nation. Retired Airman Colton Read and his wife Jessica filed a medical malpractice lawsuit against the U.S. Government alleging that what happened
during Airman Read’s June 2009 gallbladder surgery, and in the hours following the surgery, amount to negligence that ultimately resulted in Airman Read losing both his legs when he was transferred to a civilian hospital from David Grant Medical Center at Travis Air Force Base.

Currently, the United States Government is protected from negligence suits, including medical malpractice lawsuits, filed by military personnel. The case brought by Airman and Mrs. Read challenged that premise, known as the Feres Doctrine.

If the Reads are successful in their military medical malpractice suit against the Government then it could impact many military personnel around the country who have been harmed by medical negligence at government or military facilities. This is a case that we will continue to watch.

An Insurers Look at Pennsylvania Medical Malpractice Payouts in 2011

Wednesday, April 4th, 2012

Recently, Diederich Healthcare looked at medical malpractice health care payouts in 2011. Interested in learning how many claims were paid in Pennsylvania?

According to the research done by Diederich,903 PA medical malpractice claims were paid in 2011 for a total of about $319,710,250. Only three states, California, Florida and New York had more claims paid. New York was the only state that had a higher aggregate amount in payments made.

As always, the statistics do not have any bearing on your individual case. If you have been injured by medical malpractice in Pennsylvania then it is important to contact an experienced Pennsylvania medical malpractice lawyer to discuss your rights and possible recovery.

Philadelphia Doctor to Serve Prison Term

Friday, March 23rd, 2012

Earlier this month a Philadelphia doctor was sentenced to five years in prison for conspiracy to distribute, intent to distribute and actually distributing Percocet and Oxycontin from his North Philadelphia practice. It was alleged that Dr. Lewis Meyer Jacobs sold
prescriptions that were not medically necessary
to drug dealers and addicts.

Dr. Jacobs pleaded guilty to the charges last September and surrendered to begin serving his
prison term at the time of his sentencing. In addition to the prison term, a federal judge ordered Dr. Jacobs to repay the more than a quarter million dollars he made illegally and to pay more than $320,000 to the IRS.

Important New Ruling for Pennsylvania Medical Malpractice Plaintiffs

Tuesday, February 14th, 2012

A new ruling by the Pennsylvania Supreme Court may allow
medical malpractice cases to proceed even in the absence of physical harm. The
case involved a pregnant mother who had a late pregnancy ultrasound and was not
told about any abnormalities with her unborn son. When her son was born, he had
no arms below the elbows, no legs below the knees and several other problems
that quickly cost him his life.

That outcome would not have changed had the mother known
about the child’s condition during pregnancy. However, the mother contends that
she suffered significant emotional distress from the lack of information
provided.

The Pennsylvania Supreme Court affirmed the ruling of the
appellate court and found that the mother had the right to file a lawsuit
because the negligent infliction of emotional distress may include people who
have been emotionally harmed, but suffered no physical injury, from medical
malpractice.

It remains to be seen how this ruling will play out in the
courts and whether there it will open the door for more medical
malpractice cases in Pennsylvania
.

Is Philadelphia Really a Hellhole?

Wednesday, December 28th, 2011

That may depend on who is answering the question. A recent report by the American Tort Reform Foundation listed Philadelphia as number one on its “Judicial Hellhole List.” Philadelphia earned that ranking by the American Tort Reform Foundation because plaintiff damage awards in Philadelphia are, sometimes, significantly larger than in other jurisdictions.

Not surprisingly, many Pennsylvania personal injury lawyers and Philadelphia medical malpractice attorneys disagree with the Foundation’s characterization of Philadelphia as a hellhole. Instead of assuming that the damage awards are unfair, it is possible that the damages were provided because Philadelphia courts do a better job of handling complex litigation and providing fair relief to injured parties.

What do you think? If you were injured by medical malpractice in Pennsylvania, would you want your case heard in Philly?