Pittsburgh Medical Malpractice Blog

At some point, we have all relied on and trusted the skill, education, and experience of a physician to diagnose and treat an illness or injury. Most of the time, our trust is well placed. On occasion, however, physicians make mistakes. A set of symptoms can be overlooked, an x-ray is misread, or the physician is too busy to take the time to listen to the patient’s complaints. Such incidents can cause devastating delays in treatment. In cases involving cancer, the delay can allow the disease to progress to stages that are incurable, and can mean the difference between life and death. Statistics show that around 40% of all medical malpractice claims result from the failure of medical personnel to diagnose a significant disease process.

Some of the most serious diseases and/or conditions have insignificant symptoms and cause no major discomfort in early stages. Unfortunately, some of the most serious diseases are often the ones that go undetected for long periods of time. Listed below are some of the diseases/conditions that frequently are not diagnosed in a timely fashion:

Ovarian cancer
Prostate cancer
Cervical cancer
Breast Cancer
Pulmonary embolism
Appendicitis
Bacterial meningitis
Heart Attack
Stroke

If you or a family member is suffering from a condition due to the healthcare professional's failure to diagnose, please contract Rosen Louik & Perry, P.C. Failure to diagnosis and/or a misdiagnosis constitutes negligence and the innocent victim of such negligence deserves compensation for the resulting financial burdens and pain and suffering. A medical malpractice claim can be very complicated and only a lawyer that is experienced with medical malpractice cases can properly prosecute your claim. Our attorneys have years of experience with failure to diagnose cases. At Rosen Louik & Perry, P.C. we fully understand the complexities involved in evaluating medical malpractice cases. For over 15 years, we have employed two full-time medical doctors who assist us in evaluating medical malpractice cases. Contact us today for your FREE consultation.

The driver of a motorcycle died in Pittsburgh’s Point Breeze area of the city after colliding with a car. The crash happened at Penn and Dallas Avenues in the mid-morning on Tuesday, August 5th. The 29 year-old driver of the motorcycle was pronounced dead at UPMC Presbyterian Hosptial. No charges have been filed, and the accident is still under investigation.

With warmer weather, more motorcyclists are taking to our roads. According to the National Highway Traffic Safety Administration 4,810 motorcyclists died in deadly highway crashes in 2006—a number that grew for the ninth year in a row. Even more frightening is the fact that over one of every nine road fatalities in 2006 involved a motorcyclist.

Why do motorcyclists continue to be involved in accidents? Some of the reasons are:

· The small size of a motorcycle makes it more difficult for other drivers to see and motorcycles often
fallout of view behind larger vehicles like commercial trucks.
· Often it is difficult to determine how fast a motorcyle is moving.
· Motorcycle riders have only protective clothing standing and helmets between their bodies and the
impact of a collision.

The National Highway Transportation Safety Administration has made some recommendations to help prevent motorcycle accidents. To view those recommendations, visit the NHTSA’s website at http://www.nhtsa.gov/planners/ShareTheRoad2008/emm/fact.doc.

If you or a loved one has suffered serious injuries in a motorcycle accident, contact our personal injury lawyers at Rosen Louik & Perry, P.C. to find out about your right to seek damages that will cover your medical bills, wage loss and also compensate you for your pain and suffering.

At Rosen Louik & Perry, P.C. our lawyers are experienced with personal injury and wrongful death claims resulting from motorcycle accidents, auto accidents, truck accidents and other serious accidents. Our Pittsburgh, PA law firm also handles catastrophic injury cases involving brain/head injuries and spinal cord injuries. Contact us today for a free consultation.

Continue Reading “Point Breeze Car-Motorcycle Crash Kills Bike Driver”

A recent study published in the journal of Health Services Research found that preventable medical errors occurring during or after surgery cost employers nearly $1.5 billion dollars a year. In addition, these preventable medical errors account for almost 10 percent of surgery related deaths. The report went on to state that 1 out of every 10 patients who dies within 90 days of surgery died because of a preventable error, and one-third of the deaths occurred after the patient was discharged. The researchers conducting this study analyzed data on more than 161,000 patients in employer-based health plans who underwent surgery between 2001 and 2002.

Listed below are examples of some of the costs associated with patients who experienced preventable surgical errors, compared to other patients who did not:

- Nursing care associated with medical errors, including pressure ulcers and hip fractures - $12,196 (33 percent more).

- Metabolic problems associated with medical errors, including kidney failure or uncontrolled blood sugar - $11,797 (32 percent more).

- Blood clots or other vascular or pulmonary problems associated with medical errors - $7,838 (25 percent more).

- Wound opening associated with medical errors - $1,426 (6 percent more).

If you or a loved one has been the victim of a surgical or medical error, then perhaps you should seek the opinion of a law firm that is devoted to medical malpractice cases. The lawyers at Rosen Louik & Perry, P.C. devote their time and efforts to medical malpractice cases throughout Pennsylvania. We obtain and evalute your medical records with our full-time doctors on staff. Please contact us today for your free consultation.

A recent study published by the Associated Press notes that hundreds of thousands of tractor-trailer and bus drivers in the nation with commercial driver's licenses should not be behind the wheel because they qualify for full federal disability payments. Many of these drivers have suffered seizures, heart attacks or unconscious spells while driving that led to deadly crashes on highways.

The U.S. agency in charge of assuring that these unfit drivers are not on the road, the Federal Motor Carrier Safety Administration, has stated that it has not completed any of the recommendations that U.S. safety regulators proposed in 2001. Two of those recommendations prohibit truck drivers from “doctor shopping,” which allows them to find a doctor willing to ignore disqualifying health conditions, and establish minimum standards to determine when truck drivers are no longer medically safe to get behind the wheel.

The latest information gathered by the Transportation Department in 2006 showed at least 7.3 million commercial driver violations. Further, truckers in violation of federal medical rules were apprehended in all fifty states. A 2007 federal safety study found that drivers falling asleep or becoming physically impaired while on the road were among the leading causes of serious trucking accidents.

This situation exists despite years of government warnings and hundreds of deaths and injuries. Regardless of the circumstances of your trucking accident―whether you were hit by a coal truck, a construction vehicle backed into a roadway, or a sleep-deprived driver of a big rig who has altered a log book to conceal excessive hours of service, you deserve to know what happened and to receive fair compensation from those responsible for your injury or loss. Over the years, our Pittsburgh, PA personal injury law firm has successfully pursued claims for clients who have been the victims of trucking accidents. If you or a member of your family has suffered serious injury in a commercial trucking accident, and you would like our experienced trial lawyers to review your case, please contact the personal injury law firm of Rosen Louik & Perry, P.C. in Pittsburgh, Pennsylvania, to arrange a free consultation.

Surgical errors can be the most serious forms of medical errors. The majority of surgical errors are known as “wrong site” operations, where the surgeon operates on the wrong organ, limb or other area of the body. Other times a surgeon performs the wrong procedure and at times operates on the wrong patient.

Other types of surgical errors can occur during plastic or cosmetic surgeries such as breast implantation or reduction, as well as some facial related surgeries. Although the surgical mistakes may not threaten the health of the patient, such errors may produce results far worse than the condition that the plastic surgery intended to repair.

Solid statistics on the number of surgical errors that occur each year are hard to obtain because most states don’t require doctors to report surgical errors. Here are some measures you can take to prevent a possible surgical error from happening to you or a loved one:

1. Check out your doctor and hospital. Ask lots of questions . . . such as how many times your doctor has performed the intended procedure and compare that number with other physicians. The U.S. Department of Health and Human Services offers detailed information about procedures performed at different hospitals.

2. Make sure your doctor initials your surgical site.

3. Confirm the surgery site with the surgeon before the procedure.

Mistakes do happen with even the most skilled surgeon. Cases involving surgical errors are very complicated and should only be handled by experienced medical malpractice attorneys. Our Pittsburgh, Pennsylvania medical malpractice law firm is one of the only law firms in Pittsburgh with medical doctors on staff to evaluate and consult on our medical malpractice and personal injury cases. The medical malpractice lawyers of Rosen Louik & Perry, P.C. offer free, no-obligation initial consultations, and there is no fee unless recovery is made. Contact us today for your free consultation.

A recent National Cancer Institute survey, which studied Caucasian men and woman aged 15 to 39, found that between 1980 and 2004, annual cases of melanoma among young women increased by 50% . The researchers also found a greater increase in young women having thicker and metastatic melanomas in which the cancer spreads to other areas of the body during that time period. The incidence of melanoma among young men did not change over this time period.

Skin cancer is the most common form of cancer in the United States and the two most common types are basal cell cancer and squamous cell cancer. These cancers usually form on the head, face, neck, hands and arms. Less common, but the deadliest form of skin cancer, is melanoma. A change in the size, shape, color or feel of a mole is often the first sign of melanoma. Most melanomas have a black or black-blue area. Melanoma may also appear as a new mole. A good possibility exists that melanoma can be cured if it is diagnosed and treated in its early stages. If melanoma is not removed in its early stages, cancer cells may grow downward from the skin surface and invade healthy tissue. Once it spreads to other parts of the body, the cancer can be difficult to control.

You should have your physician examine your skin for any suspicious markings or changes in your skin. You should seek immediately attention if you notice some of the following:

Asymmetry - the shape of one half does not match the other
Border - the edges are ragged, blurred or irregular
Color - the color in uneven and may include shades of black, brown and tan
Diameter - there is a change in size, usually an increase

The National Cancer Institute estimates there will be 62,480 new cases of melanoma and 8,420 deaths in 2008.

Seeking out medical malpractice advice can be a complicated task. If you or a loved one you were seriously injured or if someone you love died because a doctor failed to diagnose cancer, made a medical error, or provided you with the wrong type of medical care, you should speak with our Pittsburgh, Pennsylvania medical malpractrice law firm immediately. Our on staff doctors will examine your medical records to see if something more could have been done. The malpractice attorneys of Rosen Louik & Perry, P.C. offer free, no-obligation initial consultations, and there is no fee unless recovery is made. Contact us today for your free consultation.

Often times a client will get discouraged because it seems like their case is dragging on forever. We understand their frustrations. Settling a medical malpractice case, or getting it positioned for a trial is a process. The average life of a complicated medical malpractice claim, from start to finish, is approximately 3-4 years. Why do these cases take so long to litigate? There are several reasons.

An actionable malpractice case requires more than simply proving that a doctor made a mistake. The plaintiff must also prove that the mistake affected the treatment he or she received and/or increased the probability that he or she would suffer an injury that actually occurred. In Pennsylvania, you cannot file a medical malpractice lawsuit without a Certificate of Merit, which requires a statement from a physician that the care rendered to a plaintiff by a health-care provider deviated from an accepted standard of care, and further that this deviation led to substantial harm.

Once a lawsuit has been filed, the case enters the "discovery" phase of litigation where depositions, written questions called interrogatories, and the exchange of documents takes place. Most courts will not allow the parties to obtain a trial date on the court's calendar unless and until all discovery is completed. The discovery process can take as long as 1-2 years to complete.

Our firm recruits outstanding medical experts to review our cases. Often times, coordinating the busy schedules of these physicians with numerous lawyers can be challenging and can lead to further delays in the process.
Once the discovery phase has been completed, and if the case cannot be settled, we will request a trial date. Because courts have crowded dockets, a trial date is usually not available until 6-12 months from the date it is requested. If two cases come up for trial on the same date, where the same lawyers are involved, one must be continued, often requiring another 6-8 months before a new trial date can be scheduled. In addition, we often have to take into consideration the schedule of the testifying experts who must clear their schedule so they can appear live at trial to testify.

Because of the complex nature of medical malpractice cases, they take longer to get to trial than most people like to wait. We, as your lawyers, want your case to proceed as quickly as possible. Plaintiff attorneys work on a contingency fee and do not get paid unless and until a recovery is made. In addition, our firm spends tremendous amounts of money on litigation costs. Rarely are the attorneys of our firm to blame for the delays in a medical malpractice case.

If you believe you have been the victim of a medical malpractice case, please contract the Pittsburgh, PA law firm of Rosen Louik & Perry, P.C. Our experienced medical malpractice and personal injury lawyers have the experience and resources to help move your case forward. Please contact us today, and speak with one of our medical doctors on staff for a free consultation regarding your case.

If you’ve been injured in an accident, or if you have suffered injuries as a result of medical negligence, you will need to contact an experienced attorney who can help you through these difficult times. Choosing the right attorney can be very complicated. You may ask yourself, “What is a personal injury attorney, and why would I need an attorney who specializes in personal injury?”

The answer is quite simple: a personal injury attorney has the knowledge and experience in tort law (civil wrongs) as well as expertise in valuing such claims, which includes both economic and non-economic damages. If you are injured as a result of an auto accident, truck accident or medical malpractice, you should also ask if your attorney is an experienced trial attorney because in this day and age, more and more cases must go to trial in order to recover the damages to which you are entitled to recover. Good trial lawyers have mastered the Rules of Evidence, which is essential in proving your case. They have developed a keen knack for what does and doesn’t work in the courtroom. Good trial lawyers tend to be intuitive, understanding what is and is not important about proving your case. Excellent trial lawyers are respected and often times even feared by their adversaries not because they are abrasive or unduly aggressive, but because of their eloquence, competence, and preparation. Good trial lawyers are effective in appealing to juries.

For seventy years the attorneys at Rosen Louik and Perry, have been helping victims of serious injury recover compensation for their losses. For the past thirty years, we have focused exclusively on personal injury and medical malpractice law. Our attorneys are skilled trial lawyers, committed to providing all people, regardless of income, with equal access to the courts. We understand what our seriously-injured clients are going through and how their lives have been damaged and tragically affected. We put our heart and soul into representing our clients, taking all necessary steps to obtain for our clients the justice they deserve.

If you or a loved one has suffered injuries as a result of someone’s negligence, please contact the law firm of Rosen Louik & Perry, P.C. for a FREE consultation. The Pittsburgh, PA law firm of Rosen Louik & Perry, P.C. has experienced personal injury and trial lawyers who have obtained outstanding results in cases involving traumatic brain injury, head injury, personal injury, wrongful death, auto accident, trucking accident, industrial accidents and medical malpractice. At Rosen Louik & Perry, P.C., we pride ourselves on providing the highest quality service. We believe people deserve compensation for injuries caused by the negligence of others

Every year, approximately two million people sustain head injuries, most of which are minor because the skull provides the brain with protection. However, over half a million head injuries each year require hospitalization. Injuries to the head are so common that almost everyone in their lifetime will sustain some sort of trauma to the head.

According to a recent article in the Wall Street Journal, brain injuries that are referred to as "mild" or "minor" are often actually the underlying cause of social, academic, economic and personal failures. The research conducted found that “minor” or “mild” head traumas can cause a variety of problems ranging from learning disabilities to homelessness and alcoholism. The U.S. Centers for Disease Control and Prevention estimates 5.3 million Americans suffer from mental or physical disability due to brain injury. However, the CDC admits an undercount because this number does not include people who did not seek treatment for a severe blow to the head or who were sent home from a doctor's office or emergency room with little or no treatment.

According to Wayne A. Gordon, director of the Brain Injury Research Center at Mount Sinai School of Medicine in New York, "Unidentified traumatic brain injury is an unrecognized major source of social and vocational failure." Research by his team has consistently found high rates of "hidden" head trauma when screening various populations in New York schools, addiction programs and the general population.

The article in the Wall Street Journal relates the story of a college instructor who, over the course of a year after a "minor" head injury, lost her ability to read, keep her home orderly and maintain friendships. She tried to continue teaching but found bright lights and a hectic environment overwhelming, and was unable to keep her job.

Common causes of traumatic head injuries include traffic accidents, work accidents, recreational accidents and industrial accidents. However, a minor head injury could result from something as simple as a bump to the head or a seemingly uneventful slip and fall. Symptoms of a severe head injury can be bleeding, altered level of consciousness, confusion, convulsions, skull fracture, severe headache, loss of consciousness, blurred vision, pupil changes, stiff neck, slurred speech, fluid draining from nose, mouth or ears, increased drowsiness, and/or a scalp wound. Symptoms of a minor head injury may include headache, nausea, fatigue, insomnia and dizziness. It is important to seek medical help regardless of your symptoms. Proper diagnostic tests such as CT scans, MRI's, and x-rays are helpful in determining the nature and extent of a head or brain injury.

A delay in recognizing a brain injury can be extremely harmful and in some instance, even fatal. The Pittsburgh, PA law firm of Rosen Louik & Perry, P.C. has experienced trial lawyers who have obtained outstanding results in cases involving traumatic brain injury, head injury, personal injury, wrongful death, auto accident, trucking accident, industrial accidents and medical malpractice. At Rosen Louik & Perry, P.C., we pride ourselves on providing the highest quality service. We believe people deserve compensation for injuries caused by the negligence of others. Please contact us today for your FREE consultation.

The American Heart Association has declared February 1 as “National Wear Red Day” to kick off its campaign encouraging awareness of the danger of heart disease in women. Heart attack remains the No. 1 killer in America while stroke ranks No. 3. Although many women mistakenly believe that the greatest threat to their health is cancer, in fact, coronary heart disease, which causes heart attacks, is the leading cause of death for American women. Heart disease, stroke and other cardiovascular diseases kills twice as many women than all forms of cancer (including breast cancer) combined.

Despite the fact that cardiovascular disease (CVD) is the number-one killer of women in the U.S., during a 2004 survey by the American Heart Association (AHA), only 21 percent of women responded that they view heart disease as the leading cause of death. The actual numbers are staggering—CVD kills the equivalent of one woman per minute. Women now are actually more likely to die from a stroke than men. In 2004, more than 91,000 females died from stroke, representing 61 percent of the total deaths attributed to stroke. (American Heart Association, 2004 survey.)

What can women do to prevent becoming a statistic? They can start by knowing the signs and symptoms of a heart attack or a stroke.

Signs of a Stroke

Sudden numbness or weakness of the face, arm or leg, especially on one side of the body.

Sudden confusion, trouble speaking or understanding.

Sudden trouble seeing in one or both eyes.

Sudden trouble walking, dizziness, loss of balance or coordination.

Sudden severe headache with no known cause.

Signs of a Heart Attack

Uncomfortable pressure, squeezing, fullness or pain in the center of your chest, which can last more than a few minutes or goes away and comes back.

Pain or discomfort in one or both arms, the back, neck, jaw or stomach.

Shortness of breath with or without chest discomfort.

Other signs, such as breaking out in a cold sweat, nausea or lightheadedness.

Although a heart attack or stroke occurs in different areas of the body, both attacks usually involve clogged arteries and blood clots. Time is of the essence when dealing with a heart attack or a stroke and every second counts when suffering from a heart attack or stroke. If you experience any of the listed symptoms, call 9-1-1 immediately. In many cases, a heart attack is easy to diagnose, which can be confirmed by appropriate tests. In a significant number of individuals, however, the symptoms are atypical. Women, especially, often complain of anxiety and nausea as opposed to the more common radiating pain, sweating and breathlessness.

Stroke victims, too, can have symptoms out of the ordinary, such as disorientation and emotional upset. In both of these life-threatening situations, accurate diagnosis followed by immediate appropriate and aggressive treatment, can mean the difference between life and death.

The failure by a physician or hospital to diagnose a heart attack or stroke can be cause for a medical malpractice lawsuit. If your or someone you love has been the victim of a misdiagnosed heart attack or stroke, you need the help of knowledgeable and dedicated attorneys. Rosen Louik & Perry, P.C. in Pittsburgh, PA is qualified in both the law and medicine. Our on staff doctors will examine your medical records to see if something more could have been done. The Pittsburgh, Pennsylvania area medical malpractice attorneys of Rosen Louik & Perry, P.C. offer free, no-obligation initial consultations, and there is no fee unless recovery is made. Contact us today for your free consultation.

In many instances where medical care or treatment is being provided to an individual, health care professionals are required to obtain the patient's "informed consent." Although the precise definition of informed consent may vary from state to state, the term essentially means that the patient has made a knowing decision about a surgical procedure after a doctor or other health care professional provides the patient with all information a reasonably prudent medical provider would give to patients regarding the risks associated with the proposed procedure. Patients may sue for the lack of informed consent when they have not been made aware of risks associated with their proposed procedure. To recover on this theory, patients must also prove that post-surgery, they suffer from one of the unexplained risks.

A well-written informed consent form should include:

Identification of the physician or surgeon who'll be performing the medical procedure
The physician or surgeon's qualifications
The patient’s present medical condition
The purpose of the proposed procedure
The risks involved in the procedure
The alternatives, including their risks, including non-treatment if that is an option
The chances of the procedure's success
The expected length of recovery time
The approximate cost of the procedure and whether it will likely be covered by your health insurance

Situations exist where doctors are not required to obtain informed consent from their patients. The most common example involves life-threatening emergencies where the patient is unconscious or otherwise incapacitated and in need of immediate treatment. Moreover, because the doctrine of informed consent applies only to surgical procedures, this principle is not applicable to the administration of drugs, intravenously or otherwise.

When a patient suffering from a non-life-threatening condition cannot give informed consent due to unconsciousness or mental disability, medical personnel will sometimes ask a court to appoint a guardian to make informed consent decisions for that patient. Furthermore, parents can generally give informed consent for their minor children.

You are entitled to complete information about the surgical procedures you will undergo. Failure to provide such information can subject the healthcare providers to legal liability. If you believe that you may have a claim based on the lack of informed consent, contact our experienced medical malpractice attorneys at Rosen Louik & Perry, P.C. at once for a free consultation.

Driver fatigue is a primary cause of trucking accidents. Nevertheless, in December, truck safety advocates asked a federal court to block a ruling by the Transportation Department that permits commercial truckers to work longer hours. The Bush Administration had increased the number of hours, from 10 to11, that truck drivers could work without a break. Drivers are also allowed to drive up to 70 hours a week.

According to the The Federal Motor Carrier Safety Administration’s Web site, the rules pertaining to the hours of service for truck drivers are as follows:

• Commercial Motor Vehicle (“CMV”) drivers can only drive 11 hours maximum after 10 hours off duty.
• CMV drivers cannot drive after the 14th hour on duty.
• CMV drivers cannot drive after 60/70 hours on duty within 7/8 workdays in a row.

Truck safety advocates were able to convince a federal court to block the implementation of the rule concerning 11 hours of continuous driving. However, The Federal Motor Carrier Safety Administration was still able to implement an interim rule that mirrors the one blocked by a federal court. Advocates are now challenging the interim rule in federal court.

The consequences of a trucking accident can be catastrophic. Because of a tractor-trailer's size and weight, the injuries and damages resulting from accidents involving this type of motor vehicle tend to be more severe than injuries involving car accidents. The injuries in truck accidents are often serious, including traumatic brain injury (TBI), closed head injury, spinal cord injuries, amputations, paralysis, internal injuries, neck and back damage, and even death.

Over the years, our firm has helped many of our clients who have been the victims of truck accidents. If you or a member of your family has suffered serious injury in a commercial trucking accident, and you would like a lawyer to review your case, please contact the personal injury law firm of Rosen Louik & Perry, P.C. in Pittsburgh, Pennsylvania, to arrange a free consultation.

Hours of Service Regulations

Read More Lawsuit Seeks to Limit Truckers’ Hours