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      <title>Pittsburgh Medical Malpractice Blog</title>
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      <copyright>Copyright 2009</copyright>
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         <title>Death by Medical Error: Top 10 Cause of Death in the US</title>
         <description><![CDATA[<p>No matter which estimate you believe to be accurate, Death by Medical Error ranks as a Top 10 cause of death in the US.  Due to the extreme reluctance of hospitals and doctors to report the errors that lead to patient death, it is hard to define an accurate number of medical error related deaths each year.  According to a Hearst Newspaper investigative report by Cathleen Crowley and Eric Nalder,  “ Within Health Care Hides Massive, Avoidable Death Toll”, estimates vary from a low of 44,000 to 98,000 to as many as 200,000 per year depending on the study criteria and statistical assumptions made in each study.  The CDC (Center for Disease Control) lists the <a href="http://www.cdc.gov/nchs/FASTATS/lcod.htm ">Top 10 leading causes of death in the US:</a></p>

<ul>
<li>Heart disease: 631,636</li>
<li>Cancer: 559,888</li>
<li>Stroke (cerebrovascular diseases): 137,119</li>
<li>Chronic lower respiratory diseases: 124,583</li>
<li>Accidents (unintentional injuries): 121,599</li>
<li>Diabetes: 72,449</li>
<li>Alzheimer's disease: 72,432</li>
<li>Influenza and Pneumonia: 56,326</li>
<li>Nephritis, nephrotic syndrome, and nephrosis: 45,344</li>
<li>Septicemia: 34,234</li>
</ul>

<p>Even the most conservative estimate places Death by Medical Error at #9 on the list.  This statistic does not even consider those left with permanent disabilities as a result of medical errors.  The numbers are staggering and the personal stories are heartbreaking.</p>

<p><strong><br />
Current Progress to Improve Patient Safety.</strong></p>

<p>According to the article, the National Institute of Medicine issued the report; “<a href="http://books.nap.edu/books/0309068371/html/index.html">To Err Is Human: Building A Safer Health System</a>”, in November of 1999.  Although this was the first time an authoritative voice backed such a study, its conclusions fell on mostly deaf ears.  The report urged the medical profession and its critics to stop blaming doctors and nurses for these mistakes. “People make mistakes... medicine must design systems that can reduce errors and prevent harm from reaching the patient when a mistake is made.”   The report went so far as to define several steps that could be taken to improve patient safety.  It is now 10 years since the report was released. The article notes that there has been some progress improving patient safety but,” the positive steps are overshadowed by the continuing death toll.” In their article, Crowley and Nalder quote Kathleen Sebelius, US Health and Human Services Secretary (which oversees the federal <u>Agency for Healthcare Research and Quality</u>  (AHRQ),  Medicare and the Food and Drug Administration), as saying the 2008 death toll from medical errors is 100,000 – the same as it was 10 years ago.  </p>

<p>While lack of progress on such a preventable cause of death is enough to raise your blood pressure, the realty behind this statistic is even worse.  Crowley and Nalder believe the death toll figure quoted by Ms Sebelius is most likely a reiteration of the dated statistic provided by the, “To Err is Human” report 10 years earlier.  The AHRQ admits their most recent figures for death by medical error were gathered in 1984. Why don’t we have more up-to-date information on this topic?  According to the Crowley/Nalder article it is due to a lack of uniform and enforceable reporting requirements.  Why is there a lack of reporting?  The article states hospitals and doctors are afraid of additional medical malpractice lawsuits so they do not want to report the errors. They would rather continue making mistakes than address and correct them. To accept this as a valid excuse would be the same as excusing the child playing with matches who lights the trash can on fire then, lets the house burn down rather than call for help because he was afraid he would get in trouble for playing with matches. The child blames his fear of punishment on his mean parents while the medical profession wants to blame the mean and greedy lawyers for their inability to admit their mistakes – and correct them. Tort reform is the only answer, they claim.  Limit malpractice awards and healthcare costs will go down.</p>

<p><strong>Tort Reform Unnecessary with Improved Healthcare Quality</strong></p>

<p>If that is true, a quick look at some of the states who have instituted limits on malpractice awards will tell us whether or not this type of tort reform reduces healthcare costs.  Studies in Texas, and other states where legislation limiting malpractice awards has been enacted, show this type of tort reform <strong><em>does not reduce overall healthcare costs</em></strong>.  Rather, Texas is now home to 3 of the most expensive cities in which to get healthcare.  You can read more about this study in, “<u>Most Expensive Places For Health Care.</u>” By Rebecca Ruiz at Forbes.com (08/10/09). (The Texas information is in the second half of the article.)</p>

<p>On the other hand, other healthcare cost containment studies* suggest that defining medical errors and addressing their causes actually leads to a decrease in overall healthcare costs.  Reducing medical errors obviously reduces the cost of malpractice lawsuits and patient awards. Additionally, and more importantly, it reduces the costs associated with follow up healthcare for patients suffering needless complications.  Follow up care due to medical complications is such a significant cost to insurance companies some insurers are now offering doctors bonuses when their patients experience complication free outcomes. Certainly, not all complications are the result of medical errors.  However, with this type of bonus award system in place, doctors are more likely to be motivated to reduce patients’ medical complications whenever possible; including reducing complications due to error. Tort reform will be unnecessary if we work to reduce medical errors and improve overall healthcare quality. <br />
If you believe you or a family member has been the victim of medical malpractice in Pennsylvania, please use the form to contact <a href="http://www.caringlawyers.com/CM/Custom/Contact.asp">Rosen Louik & Perry for a free evaluation</a> of your claim.</p>

<p><br />
(*) Editorial, Fixing Medical Mistakes, The Washington Post, p. A24, December 27, 1999.</p>]]></description>
         <link>http://blog.caringlawyers.com/2009/10/death-by-medical-error-pittsburgh.html</link>
         <guid>http://blog.caringlawyers.com/2009/10/death-by-medical-error-pittsburgh.html</guid>
         <category>Medical Malpractice News</category>
         <pubDate>Tue, 20 Oct 2009 13:45:12 -0500</pubDate>
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         <title>Pittsburgh Malpractice Lawyer:  &quot;I&apos;ve Never Filed a Frivolous Lawsuit&quot;</title>
         <description><![CDATA[<p>I spend a lot of time at cocktail parties and gatherings of friends biting my tongue.  I argue with people for a living so I honestly don’t care to argue with friends during times when I am to be relaxing.  So, when discussions of the need for tort reform, caps on money damages, and frivolous lawsuits invade the conversation I slip away to a neutral corner.  I do, however, feel obligated to provide the truth to my “educated” friends and colleagues.  What better place than here?</p>

<p><img align="right" alt="medical malpractice definition" width="250" height="166" hspace="10" vspace="10" src="http://blog.caringlawyers.com/images/malpractice-define.jpg" width="425" height="282" />I have personally never filed a frivolous lawsuit.  Does that mean that I have never lost a case?  No, it does not.  In all honesty, you can count the number of cases that I have lost on one hand.  And, I should have won each and every one of those cases as well.  Should I have won those cases because my partner, <a href="http://www.caringlawyers.com/Bio/NeilRosen.asp">Neil Rosen</a>, and I are the greatest trial team ever?  No (but we are really good at what we do!).  We should have won those cases because of the system that we employ to<a href="http://www.caringlawyers.com/CM/Custom/Our-Screening-Process.asp"> screen and select the meritorious cases</a>.</p>

<p>We employ <a href="http://www.caringlawyers.com/CM/Custom/Medical-Research-Team.asp">two very bright physicians on a full time basis</a> and we pay our doctors very well.  We pay them well because they are very bright.  Perhaps more importantly, we pay them well because they are invaluable to what we do.  Our two physicians assist us in reviewing every single medical malpractice inquiry that our office receives.  On an annual basis that figure runs between two and three thousand.  All cases begin with an in-depth medical telephone intake with one of our physicians.  Once the intake is completed, the case is presented to the lawyers and in many cases the second physician.  Hundreds of cases can be rejected as non-meritorious at that point.  Non-meritorious does not necessarily mean frivolous.  Many inquires would indeed be frivolous lawsuits if pursued.  Others, however, are meritorious but get rejected for other reasons.</p>

<p><a href="http://www.caringlawyers.com/PracticeAreas/Medical-Malpractice.asp">Medical malpractice cases</a> are expensive to pursue.  Many cases that we review simply do not justify, from an economic standpoint, the pursuit of a medical malpractice lawsuit.  For example, under Pennsylvania law, the death of an 85 year old with no surviving spouse might not be economically worth pursuing.  Is the loss of a parent any less traumatic to the children and grandchildren of an 85 year old?  Absolutely not.  Unfortunately, we must try and explain to these families that the wrong inflicted upon them is not financially worth pursuing.  A meritorious case for which no health care provider will be required to make redress.</p>

<p>If a case survives our initial screening process all pertinent medical records will be purchased.  Once the records are received they are scrupulously analyzed by a team of doctors and lawyers.  In many instances, in-depth medical research is conducted to fully understand the issues involved in the case.  Some cases are rejected at this juncture.  If a case survives this review, we then recruit an expert or experts who are well respected on the exact issues involved and ask them to conduct an independent review.  Because we frequently hire nationally recognized experts, these reviews tend to be expensive.  Many cases are determined to be non-meritorious by our consulting experts.  If so, the case is not pursued.  Only after we have received a favorable review (also known as a certificate of merit) from a specialized expert is a case accepted for the initiation of a lawsuit.  Of the 3000 or so cases that we review annually, about 50 are accepted for filing.  And that is the reason that I should have won every single case I have tried.  When you meticulously pick the battles that you want to fight, you win most of them.<br />
	<br />
The system that we have in place, from the salaries of our physicians and staff to the costs of medical records and experts, is very expensive.  I can only laugh when the ignorant remark that my forty percent fee is expensive.  If they only knew the net amount!  Our system allows us to pursue the meritorious cases and also takes about 2950 cases of the judicial system.  I have never received a thank you, or even an acknowledgment, from those who champion tort reform for filtering these cases.  Instead, I get treated to falsehoods at social gatherings.<br />
	<br />
Politicians pin colossal hopes for health care reform on tort reform.  The problem with their plan is that it is not based on facts.  They are simply not being honest to the American public.  According to the Institute of Medicine, between 44,000 and 98,000 Americans die each year of avoidable errors. Yet fewer than 11,000 were compensated in 2008, down from 15,000 in 1999.   Perhaps these figures were the origin of the phrase, “Getting away with murder?”   And those figures only take into account deaths.</p>

<p>The National Practitioner Data Bank found the average U.S. malpractice payment for 2008 was $326,000, “the smallest on record.”  Eighty percent of that money went to those with significant permanent injuries such as quadriplegia and brain damage, needing health care the remainder of their lives and having enormous medical expenses.  Cases that no one, not even a politician, would call frivolous.  </p>

<p>Medicare’s administrator told Congress in 2005, that malpractice litigation accounts for only 0.6 percent of U.S. health care costs, and medical liability accounts for less than 1 percent of the country’s health care costs with “the vast majority of victims receiving no compensation whatsoever.”  Why is the analysis not completed?  The next issue that should be addressed in this discussion is who pays for the post-error medical care needed by the “vast majority of victims” who receive no compensation?  You do!!  That’s correct.  The working, tax-paying American.  It is humorously ironic that the proponents of tort reform are advancing “reform” that places additional burdens on the innocent tax payers while immunizing the wealthy wrong-doers.  Why should physicians and health care providers get special treatment?  If they were the at-fault driver in an auto accident would they expect special treatment from the legal system there as well?</p>

<p>Americans for Insurance Reform found that medical malpractice premiums amount to one-half of 1 percent of health care costs and medical malpractice claims, one-fifth of 1 percent of health care costs.  Limiting the rights and the recoveries of victims will not solve any of the problems related to our current health care system.  The right to a trial by jury and the right to have a jury of peers decide what compensation, if any, has its roots in the Constitution.  Allowing politicians to alter or take away these rights has repercussions far beyond this blog.  I can’t defend my entire profession because the law, like all professions, has members who do things that do not make us proud.  But it truly isn’t fair to lump the small percentage of bad with the large percentage of the good and label the entire system as bad.  I entered the law to help people and I am proud to acknowledge every case that I have ever pursued.  I am also proud of the banker’s box of thank you cards that I have received over the years for the positives that I have added to lives of victims of medical malpractice and personal injury.  From firsthand experience I can assure you that victims need more rights, not less.  </p>

<p><em>- Jon R. Perry, Attorney</em></p>]]></description>
         <link>http://blog.caringlawyers.com/2009/09/pittsburgh_malpractice_lawyer.html</link>
         <guid>http://blog.caringlawyers.com/2009/09/pittsburgh_malpractice_lawyer.html</guid>
         <category>Medical Malpractice Reform</category>
         <pubDate>Fri, 25 Sep 2009 16:08:15 -0500</pubDate>
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         <title>The Waiting Game Causes Pain</title>
         <description><![CDATA[<p>On Martin Luther King, Jr. Day, I took a half day off work so that my wife and I could take our 14 and 11 year old boys sled riding.  We packed the sleds and snow boards into the SUV and headed for a wide open hill with not a tree in sight.  The lack of trees lulled us into a false sense of security and the always mandatory helmets were left at home on the garage floor.  The kind of parental stupidity that causes sleepless nights, as I would soon be reminded.  The sled riding fun ended after forty-five minutes on the hill when my 14 year old fell victim to a classic freak accident and took a snow board to the head.  I immediately applied direct pressure with snowballs but the extensive vascular system of the scalp was winning this battle.  The hill soon looked like a crime scene and we needed to get to the nearest hospital.  Fortunately, we were only two miles from a local branch of the regions largest health care provider.  By the time we arrived, the direct pressure had stopped the bleeding.</p>

<p>When we entered the emergency department of this 400 bed facility, we were pleased to see that there were only two other patients in the waiting area.  The blood loss evident on our clothes got us immediate attention and a nurse replaced the bloody paper towels with an elastic band that held a bandage in place.  Twenty minutes later we were triaged by a very grumpy and unprofessional nurse who failed to even obtain an accurate history.  Worse yet, her unfriendly demeanor caused my 14 year old’s mood to change from calm and controlled to apprehensive and nervous.  After 45 minutes we were escorted to a treatment room.  Thirty minutes later we saw a nurse who did nothing more than say hello.  As the minutes and hours passed, my son’s head began to hurt worse and his nerves started to get the best of him.  He knew he needed stitches because I told him so when he was bleeding on the hill.  He never experienced stitches before so my wife and I reassured him that stitches were not too bad.</p>

<p>Two hours after arriving in the treatment room, parental reassurance was no longer enough.  The apprehension of waiting was overwhelming our once calm son.  The fear of the unknown took up residence in his mind and he was scared.  Rightfully so!  After yet another thirty minutes passed a nurse practitioner finally entered the room.  The nurse practitioner performed a very cursory exam, injected 8 shots of lidocaine and immediately started his stitch work.  My son would later inform us that the first two stitches were really painful.  Hmm, I wonder why?  In the end, the nearly fours hours of waiting and apprehension were far more painful to my son than the blow to the head and the stitches required to keep the laceration closed.  And remember, we never even saw a doctor!  A long delay is inexcusable for any patient in a large emergency department with few patients.  The delay is criminal, however, when a child is its victim.  Medicine requires a personal commitment and dedication not just to healing but to healing with nurturing and concern.  Too many institutions and too many individuals have forgotten about nurturing and concern.  We all deserve better but probably won’t get it.  We must at least, however, demand that our children are treated better.</p>

<p>When we left the hospital, the flow of traffic required us to drive past the hospital’s $100 million expansion.  My son asked what was going on, so I explained the expansion.  His response was intelligent, if not downright prophetic, “I think they should spend their money on more doctors, not bigger buildings.”   </p>

<p>In this case, my family is not filing any lawsuit against the staff or facility.   No lawsuit is warranted.   However, the same situation could have been much worse.  Had my son's injury been bleeding more than triage realized  or if he had sustained internal cranial bleeding we would not have such a benign ending to this story.  If my son was not such a strong ,  resilient young man, the mental pain caused by his trauma may have been something he dealt with for years.   I am certain that my complaints to management will have no impact. Unfortunately, lawsuits are the only mechanism in place to truly get the attention of the medical profession and create change. As no lawsuit is warranted here, no change will occur. If an excessive wait during  an attempt to get medical treatment  has caused you or a family member pain and suffering, please contact our  office and we, along with our on-staff doctors, <a href="http://www.caringlawyers.com/PracticeAreas/Medical-Malpractice.asp">will evaluate  your  medical malpractice claim</a>. </p>

<p>- <a href="http://www.caringlawyers.com/Bio/JonPerry.asp">Jon R. Perry, Attorney</a>, Father </p>]]></description>
         <link>http://blog.caringlawyers.com/2009/03/waiting-game-causes-pain.html</link>
         <guid>http://blog.caringlawyers.com/2009/03/waiting-game-causes-pain.html</guid>
         <category>Medical Malpractice Cases</category>
         <pubDate>Tue, 03 Mar 2009 10:32:46 -0500</pubDate>
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         <title>World Health Organizations Surgical Safety Checklist</title>
         <description><![CDATA[<p>An international research team has shown that death and complication rates from surgery can be dramatically improved by using simple checklists to make sure that safety measures are taken before, during, and after each operation.<br />
  <br />
The research project involved nearly 8,000 patients at eight hospitals around the world and was done as part of the World Health Organization’s program called Safe Surgery Saves Lives.  The results were published in January 2009 in the New England Journal of Medicine.</p>

<p>The surgical teams using checklists found that death rates were cut in half and non-fatal complications by one-third.<br />
  <br />
Items on the surgical safety checklist included basic items like verifying that the team has the correct patient and the correct surgical site, making sure the pulse oximeter (which measures oxygen in the blood) is working, making sure antibiotics have been given within one hour before the start of the surgery to prevent infection, and confirming that x-rays needed for the case are on display in the operating room.  Another item on the checklist is to have all members of the surgical team introduce themselves by name and role; this is intended to give permission to lower-status team members to speak up at a later time if they notice something is wrong.<br />
  <br />
Listed below is the entire nineteen-item checklist from the World Health Organization:<br />
<ol><div style="margin-left:-30px;"><strong>Before Induction of Anesthesia:</strong></div><br />
	<li>Patient has confirmed<br />
      <ul><br />
      	<li>Identity</li><br />
	<li>Site</li><br />
	<li>Procedure</li><br />
      	<li>Consent</li><br />
      </ul> </li><br />
    <li> Site Marked</li><br />
    <li>Anesthesia safety check completed</li><br />
    <li>Pulse oximeter on patient and functioning</li><br />
<div style="margin-left:-30px;"><strong>Does Patient have a:</strong></div><br />
<li>Known Allergy?</li><br />
<li>Difficult airway/aspiration risk?</li><br />
<li>Risk of more than 500 ML blood loss (7 ML/KG in children)?</li><br />
<div style="margin-left:-30px;"><strong>Before skin incision:</strong></div><br />
<li>Confirm all team members have introduced themselves by name and role</li><br />
<li>Surgeon, anesthesia professional, and nurse verbally confirm:<br />
<ul><br />
	<li>Patient</li><br />
	<li>Site</li><br />
	<li>Procedure</li></ul></li><br />
<li>Surgeon reviews: What are the critical or unexpected steps, operative duration, anticipated blood loss?</li><br />
<li>Anesthesia team reviews: Are there any patient-specific concerns?</li><br />
<li>Nursing team reviews: Has stability (including indicator results) been confirmed? Are there equipment issues or any concerns?</li><br />
<li>Has antibiotic prophylaxis been given within the last 60 minutes?</li><br />
<li>Is essential imaging displayed?</li><br />
<div style="margin-left:-30px;"><strong>Before Patient Leaves Operating Room</strong><br /><br />
Nurse verbally confirms with the team:</div><br />
<li>The name of the procedure recorded</li><br />
<li>The instrument, sponge and needle counts are correct (or not applicable)</li><br />
<li>How the specimen is labeled</li><br />
<li>Whether there are any equipment problems to be addressed</li><br />
<li>Surgeon, anesthesia professional, and nurse review the key concerns for recovery and management of this patient.</li><br />
</ol></p>

<p>Contact the <a href="http://www.caringlawyers.com/PracticeAreas/Medical-Malpractice.asp">medical malpractice lawyers</a> at Rosen Louik & Perry, P.C. to obtain your <a href="http://www.caringlawyers.com/CM/Custom/Contact.asp">free consultation</a>.  Our lawyers are experts in dealing with cases involving surgical accidents.  There will be no fee for unless a recovery is made.</p>]]></description>
         <link>http://blog.caringlawyers.com/2009/03/world_health_organizations_sur.html</link>
         <guid>http://blog.caringlawyers.com/2009/03/world_health_organizations_sur.html</guid>
         <category>Medical Malpractice News</category>
         <pubDate>Mon, 02 Mar 2009 12:57:28 -0500</pubDate>
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         <title>Colonoscopies not infallible when detecting colorectal cancer</title>
         <description><![CDATA[<p>A recent study found that colonoscopies, once thought to be an infallible way to detect <a href="http://www.caringlawyers.com/CM/ArticlesFDC/ArticlesFDC-Colon-Cancer.asp">colorectal cance</a>r, may miss many cancers.  A Canadian study published in the Annals of Internal Medicine in December reported that a colonoscopy may miss a type of polyp, a flat or serrated lesion or an indented one that rests against the colon wall.  While colonoscopies are still recommended as a highly effective way to diagnose and prevent colon cancer, the test is much less accurate than previously thought.  </p>

<p>	In the study, colonoscopies missed nearly every cancer in the right side of the colon, where about 40 percent of cancers develop.  It also missed about one third of cancers in the left side of the colon.	While doctors once told patients colonoscopies can prevent 90 percent of cancers, they may actually prevent only 60 or 70 percent.</p>

<p>	One thought is that the Canadian doctors in the study may not have been skilled enough to perform the procedure. One third of the tests were done by general internists and family practitioners. This makes it important for patients to be proactive in ensuring the quality of their colonoscopists.  They need to make sure they have adequate experience. Patients should also ask questions about how many polyps are found and removed and should also report symptoms like bleeding, even if they occur soon after the procedure.</p>

<p>	Your colonoscopist should make sure that the bowels are sufficiently cleansed and that there is just a short time between when patients finish taking the strong laxative that cleanses their bowel and the colonoscopy.</p>

<p>Doctors should find polyps in at least 25 percent of men and 15 percent of women. They should take at least eight minutes to withdraw an endoscope from the colon. And they should do a high volume of screening.</p>

<p>	About 148,000 people will be diagnosed with colon cancer this year, the American Cancer Society reports, and 50,000 people will die from it. <a href="http://www.caringlawyers.com/PracticeAreas/Medical-Malpractice.asp">Medical malpractice and misdiagnosis</a> may be responsible for some of these deaths.  Contact the medical malpractice lawyers at <a href="http://www.caringlawyers.com/">Rosen Louik & Perry</a> to schedule a free consultation.<br />
</p>]]></description>
         <link>http://blog.caringlawyers.com/2009/01/colonoscopies_not_infallible_w.html</link>
         <guid>http://blog.caringlawyers.com/2009/01/colonoscopies_not_infallible_w.html</guid>
         <category>FAILURE TO DIAGNOSE</category>
         <pubDate>Thu, 29 Jan 2009 15:42:46 -0500</pubDate>
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         <title>PREMISES LIABILITY - - NOT JUST SLIP AND FALLS</title>
         <description><![CDATA[<p>When people think of premises liability, they probably immediately think of someone slipping and falling in a store or on a faulty sidewalk.  However, landlords, employers, elevator companies, and even mass transit authorities can all be responsible for injuries on their property or equipment they operate. Every year, individuals are injured in accidents that occur when premises and equipment are not properly maintained or managed.  These injuries can range from cuts, bruises, broken or fractured limbs, to injuries such as <a href="http://www.caringlawyers.com/PracticeAreas/Brain-Injury.asp">brain injuries</a> or even death.</p>

<p>Elevator accidents are considered premises liability cases.   According to the Bureau of Labor Statistics, there were 60 fatalities involving elevator accidents between 1992 ands 2003.  The Consumer Product Safety Commission reported 9,800 elevator injuries in 1994 involving victims being sent to hospitals.  There are approximately 500,000 elevators across the United States, with millions of individual elevator trips taken each day. Although state regulations cover the safe construction, operation, and maintenance of elevators, non-compliance with these regulations is common. Common elevator accidents involve:</p>

<p>• Sudden acceleration or deceleration of speed<br />
• Sudden stops<br />
• Stopping in between floors<br />
• Failing to stop so that the bottom of the elevator is level with the floor<br />
• Falling elevator<br />
• Getting struck by or caught between the elevator doors<br />
• Trip accidents<br />
• Fall accidents</p>

<p>Property owners who have elevators on their premises have an obligation to make sure that the elevator is working properly, and that all maintenance checks and repairs are up-to-date.  Failure to fulfill these obligations can be grounds for a premises liablity claim and a lawsuit.</p>

<p>If you have been injured in an elevator accident, or if your loved one has been injured or killed in an elevator accident, you should consult with a skilled premises liability attorney to determine if your have a claim and to help protect your legal rights. </p>

<p>The<a href="http://www.caringlawyers.com/PracticeAreas/Personal-Injury.asp"> personal injury </a>or <a href="http://www.caringlawyers.com/PracticeAreas/Wrongful-Death.asp">wrongful death </a>aspect of such a case is best dealt with by an attorney who has the experience and knowledge that will help ensure the best possible outcome for you or your loved one.  Contact the personal injury lawyers at Rosen Louik & Perry, P.C. to obtain your <a href="http://www.caringlawyers.com/CM/Custom/Contact.asp">FREE consultation</a>.  Our law firm has handled hundreds of personal injury and premises liability cases.  <br />
</p>]]></description>
         <link>http://blog.caringlawyers.com/2008/10/premises_liability_not_just_sl.html</link>
         <guid>http://blog.caringlawyers.com/2008/10/premises_liability_not_just_sl.html</guid>
         <category>Personal Injury</category>
         <pubDate>Thu, 23 Oct 2008 09:00:40 -0500</pubDate>
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         <title>OCTOBER IS BREAST CANCER AWARENESS MONTH</title>
         <description><![CDATA[<p>October is National Breast Cancer Awareness Month. Prevention and early detection is the key to surviving breast cancer. According to the American Cancer Society, breast cancer is the most common cancer among women with the exception of skin cancers, and the second cause of cancer deaths for women. If detected early, there is a 98 percent chance of a five-year survival. However, only approximately 22% of women are diagnosed early.</p>

<p>Although there are several risk factors that may increase your chance of developing <a href="http://www.caringlawyers.com/CM/ArticlesFDC/ArticlesFDC-Breast-Cancer.asp">breast cancer</a>, including age, personal or family history, alcohol use, obesity  and ethnic background,  it is important to note that just because you may have  a risk factor for breast cancer doesn't mean you will contract the disease.  There are some things you can do to lower your risk for developing breast cancer, such as eating healthy, exercising and limiting your alcohol consumption.  However, early detection is key to surviving the disease.</p>

<p>So what can you do to assist in the early diagnosis of of breast cancer?</p>

<p>·Get a mammogram.  All women ages 40 and older should have an annual mammogram and clinical breast examination.<br />
·Women in their 20’s and 30’s should have a clinical breast exam at least once every three years.<br />
·Perform a monthly self-breast examination.  For women ages 20 and older this must be a monthly routine.  </p>

<p>Sometimes, even when you take all the proper measures to reduce your risks, a misdiagnosis or delayed diagnosis of breast cancer by a medical professional can still occur.  If you or a loved one has breast cancer, you should consider discussing your case with one of our skilled Pittsburgh, Pennsylvania <a href="http://www.caringlawyers.com/CM/Custom/Firm-Overview.asp">medical malpractice lawyers</a>.  At Rosen Louik & Perry, P.C. our Pittsburgh medical malpractice lawyers and staff can determine whether there has been either a failure to diagnosis or a delayed diagnosis of breast cancer.  Our <a href="http://www.caringlawyers.com/CM/Custom/Medical-Research-Team.asp">on-staff medical doctors </a>know what questions to ask to quickly determine whether you or your loved one is the victim of medical malpractice.    Contact our law firm today for your <a href="http://www.caringlawyers.com/">FREE consultation</a>.  <br />
</p>]]></description>
         <link>http://blog.caringlawyers.com/2008/10/october_is_breast_cancer_aware.html</link>
         <guid>http://blog.caringlawyers.com/2008/10/october_is_breast_cancer_aware.html</guid>
         <category>FAILURE TO DIAGNOSE</category>
         <pubDate>Mon, 20 Oct 2008 11:36:09 -0500</pubDate>
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            <item>
         <title>NHTSA RELEASES REPORT INVOLVING MOTOR VEHICLE DEATHS IN 2007</title>
         <description><![CDATA[<p>A report released by the National Highway Traffic Safety Administration reports that there were 41,057 motor vehicle related deaths in 2007.  According to its 2007 Annual Assessment of Motor Vehicle Traffic Crash Fatalities and People Injured, there was a drop in total deaths from 42,708 deaths in 2006 to 41,059 fatalities in 2007, a 3.9% decrease.  The report also indicated a decline in the number of motor vehicle injury victims, from 2,575,000 injuries in 2006 to 2,491,000 injury victims in 2007. </p>

<p>Being involved in a <a href="http://www.caringlawyers.com/PracticeAreas/Car-Accidents.asp">motor vehicle accident </a>impacts on your property, your health and even your life. Such accidents occur because of driver error, negligence, and manufacturing defects. No matter what the cause or result, a motor vehicle accident can turn your life into a prolonged struggle.   </p>

<p>For decades, our <a href="http://www.caringlawyers.com/CM/Custom/Attorneys.asp">personal injury lawyers </a>have focused on our clients needs, and we have never lost sight of who we represent and why.  We have represented clients in cases involving private passenger vehicles, commercial trucks, <a href="http://www.caringlawyers.com/PracticeAreas/Motorcycle-Accidents.asp">motorcycles</a> and pedestrian accidents.  Our primary goal is to achieve the best possible result for all of our clients.  Our commitment to our clients starts from the beginning with our intake process.  At every stage of your case, our attorneys track the progress of your case with personal involvement to protect your interests.  Contact the Pittsburgh, Pennsylvania law firm of Rosen Louik & Perry, P.C. for your <a href="http://www.caringlawyers.com/">FREE consultation </a>today.<br />
</p>]]></description>
         <link>http://blog.caringlawyers.com/2008/10/nhtsa_releases_report_involvin.html</link>
         <guid>http://blog.caringlawyers.com/2008/10/nhtsa_releases_report_involvin.html</guid>
         <category>Personal Injury</category>
         <pubDate>Wed, 01 Oct 2008 08:36:36 -0500</pubDate>
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            <item>
         <title>HIT AND RUN ACCIDENT LEAVES MOTORCYCLIST DEAD</title>
         <description><![CDATA[<p>A motorcyclist was struck and killed on the Pennsylvania turnpike near mile marker 33 in Pine Township on September 4, 2008.  State police say that motorcyclist, Keith Brown, 46, of Green Bay, Wisconsin was struck at about 5 a.m.  Police said the driver who hit the motorcyclist is Shiva Lal Acharya. Trooper Robin Mungo of the Pennsylvania State Police says Lal Acharya, who is a medical doctor from Illinois, ran from the crash scene. "The suspect appeared as though he was going to stop. But after a mile and a half he increased his speed hoping to elude the patrolman. They reached speeds up to 130 mph before the officer called off the 23-mile pursuit at the state line," Mungo said.</p>

<p>Our Pennsylvania <a href="http://www.caringlawyers.com/PracticeAreas/Car-Accidents.asp">car accident attorneys </a>understand the devastating effects of motor vehicle accidents, which can result in <a href="http://www.caringlawyers.com/PracticeAreas/Brain-Injury.asp">brain injury</a>, spinal cord injuries, paralysis and even <a href="http://www.caringlawyers.com/PracticeAreas/Wrongful-Death.asp">wrongful death</a>.  Our Pennsylvania personal injury lawyers have represented individuals in all kinds of collisions involving motor vehicles.  Our Pennsylvania car accident lawyers will fight to win the maximum settlement for your injuries from insurance companies.  </p>

<p>The personal injury attorneys at Rosen Louik & Perry, P.C. accepts car accident cases on a contingent-fee basis.  This means we will not be paid unless you get a settlement or court verdict. The fee is a percentage of the settlement or verdict. We advance all of the costs necessary to handle your case, and will not seek reimbursement of these costs unless we are successful in recovering money for you.  </p>

<p>Let the caring lawyers of <a href="http://www.caringlawyers.com/CM/Custom/Attorneys.asp">Rosen Louik & Perry, P.C</a>. help you through the process of dealing with the insurance companies.  Contact a Pennsylvania car accident lawyer at our Pittsburgh office today for <a href="http://www.caringlawyers.com/">YOUR FREE CONSULTATION</a>.  </p>

<p>Read more about <em><a href="http://www.thepittsburghchannel.com/news/17387712/detail.html">Doctor Faces Numerous Charges In Fatal Turnpike Accident</a></em><br />
</p>]]></description>
         <link>http://blog.caringlawyers.com/2008/09/hit_and_run_accident_leaves_mo.html</link>
         <guid>http://blog.caringlawyers.com/2008/09/hit_and_run_accident_leaves_mo.html</guid>
         <category>Motorcycle Accidents</category>
         <pubDate>Wed, 10 Sep 2008 10:22:30 -0500</pubDate>
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            <item>
         <title>CONSTRUCTION WORKER DIES ON THE JOB</title>
         <description><![CDATA[<p>PITTSBURGH -- A construction worker died on August 11, 2008 while working on a building under construction at Technology Drive.  The 26 year-old man was found lying on the roof of the building that was under construction.</p>

<p>Due to the dangerous nature of construction sites, construction accidents can lead to <a href="http://www.caringlawyers.com/PracticeAreas/Personal-Injury.asp">serious injury </a>or even death.  Some workers suffer catastrophic injuries such as a <a href="http://www.caringlawyers.com/PracticeAreas/Brain-Injury.asp">brain injury</a>, spinal cord injuries, amputation, and complex fractures which can cause permanent disabilities.  When a worker dies due to the negligence or wrongful conduct of another, the surviving family members may have reason to file a <a href="http://www.caringlawyers.com/PracticeAreas/Wrongful-Death.asp">wrongful death </a>action.  At Rosen Louik & Perry, P.C. we realize that pursuing a wrongful death action will not bring your loved one back to you, but it may ensure that you and your children will have increased financial security in the years to come.   Our experienced wrongful death <a href="http://www.caringlawyers.com/CM/Custom/Attorneys.asp">lawyers</a> will provide you with the compassion and personal attention you deserve.  Please <a href="http://www.caringlawyers.com/">contact us </a>today for your free consultation.</p>

<p><a href="http://www.thepittsburghchannel.com/news/17157085/detail.html"><em>Continue reading Oakland Construction Worker, Ex-H.S. Football Champ Dies On Job</em></a></p>]]></description>
         <link>http://blog.caringlawyers.com/2008/08/construction_worker_dies_on_th.html</link>
         <guid>http://blog.caringlawyers.com/2008/08/construction_worker_dies_on_th.html</guid>
         <category>Personal Injury</category>
         <pubDate>Thu, 21 Aug 2008 08:30:38 -0500</pubDate>
      </item>
            <item>
         <title>FAILURE TO DIAGNOSE -- HOW COMMON IS IT?</title>
         <description><![CDATA[<p>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.</p>

<p>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:</p>

<p> <br />
Ovarian cancer<br />
<a href="http://www.caringlawyers.com/CM/ArticlesFDC/ArticlesFDC-Prostate-Cancer.asp">Prostate cancer</a><br />
Cervical cancer<br />
<a href="http://www.caringlawyers.com/CM/ArticlesFDC/ArticlesFDC-Breast-Cancer.asp">Breast Cancer</a><br />
Pulmonary embolism<br />
Appendicitis<br />
Bacterial meningitis<br />
Heart Attack<br />
Stroke<br />
 </p>

<p>If you or a family member is suffering from a condition due to the healthcare professional's <a href="http://www.caringlawyers.com/PracticeAreas/Failure-to-Diagnose-Cancer.asp">failure to diagnose</a>, 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<a href="http://www.caringlawyers.com/CM/Custom/Attorneys.asp"> attorneys </a>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 <a href="http://www.caringlawyers.com/">FREE consultation</a>.<br />
</p>]]></description>
         <link>http://blog.caringlawyers.com/2008/08/failure_to_diagnose_how_common.html</link>
         <guid>http://blog.caringlawyers.com/2008/08/failure_to_diagnose_how_common.html</guid>
         <category>FAILURE TO DIAGNOSE</category>
         <pubDate>Thu, 14 Aug 2008 08:22:46 -0500</pubDate>
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            <item>
         <title>CAR-MOTORCYCLE ACCIDENT KILLS DRIVER</title>
         <description><![CDATA[<p>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.</p>

<p>With warmer weather, more <a href="http://www.caringlawyers.com/PracticeAreas/Motorcycle-Accidents.asp">motorcyclists </a>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.</p>

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

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

<p>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.</p>

<p>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.</p>

<p>At Rosen Louik & Perry, P.C. our lawyers are experienced with <a href="http://www.caringlawyers.com/PracticeAreas/Personal-Injury.asp">personal injury </a>and <a href="http://www.caringlawyers.com/PracticeAreas/Wrongful-Death.asp">wrongful death </a>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.  <a href="http://www.caringlawyers.com/">Contact us </a>today for a free consultation.</p>

<p><br />
<a href="http://www.thepittsburghchannel.com/allegheny/17099193/detail.html">Continue Reading “Point Breeze Car-Motorcycle Crash Kills Bike Driver” </a></p>]]></description>
         <link>http://blog.caringlawyers.com/2008/08/carmotorcycle_accident_kills_d.html</link>
         <guid>http://blog.caringlawyers.com/2008/08/carmotorcycle_accident_kills_d.html</guid>
         <category>Trucking &amp; Auto Accidents</category>
         <pubDate>Mon, 11 Aug 2008 09:49:59 -0500</pubDate>
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            <item>
         <title>SURGICAL ERRORS COSTLY</title>
         <description><![CDATA[<p>A recent study published in the journal of Health Services Research found that preventable <a href="http://www.caringlawyers.com/PracticeAreas/Medical-Malpractice.asp">medical errors </a>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.</p>

<p>Listed below are examples of some of the costs associated with patients who experienced preventable <a href="http://www.caringlawyers.com/PracticeAreas/Surgical-Accidents.asp">surgical errors</a>, compared to other patients who did not:</p>

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

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

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

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

<p>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 <a href="http://www.caringlawyers.com/CM/Custom/Attorneys.asp">lawyers at Rosen Louik & Perry, P.C</a>. devote their time and efforts to medical malpractice cases throughout Pennsylvania.  We obtain and evalute your medical records with our <a href="http://www.caringlawyers.com/CM/Custom/Medical-Research-Team.asp">full-time doctors on staff</a>.  Please <a href="http://www.caringlawyers.com/CM/Custom/Contact.asp">contact us </a>today for your free consultation.<br />
</p>]]></description>
         <link>http://blog.caringlawyers.com/2008/08/surgical_errors_costly.html</link>
         <guid>http://blog.caringlawyers.com/2008/08/surgical_errors_costly.html</guid>
         <category>Surgical Accidents</category>
         <pubDate>Tue, 05 Aug 2008 12:32:53 -0500</pubDate>
      </item>
            <item>
         <title>MEDICALLY UNFIT TRUCK DRIVERS ARE ON OUR ROADWAYS</title>
         <description><![CDATA[<p>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.</p>

<p>The U.S. agency in charge of assuring that these unfit drivers are not on the road, the <a href="http://www.fmcsa.dot.gov/">Federal Motor Carrier Safety Administration</a>, 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.</p>

<p>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.</p>

<p>This situation exists despite years of government warnings and hundreds of deaths and injuries.  Regardless of the circumstances of your <a href="http://www.caringlawyers.com/PracticeAreas/Trucking-Accidents.asp">trucking accident</a>―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 <a href="http://www.caringlawyers.com/CM/ArticlesPI/ArticlesPI-Pain-and-Suffering.asp">compensation</a> from those responsible for your injury or loss.  Over the years, our Pittsburgh, PA  <a href="http://www.caringlawyers.com/PracticeAreas/Personal-Injury.asp">personal injury </a>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 <a href="http://www.caringlawyers.com/CM/Custom/Firm-Overview.asp">Rosen Louik & Perry, P.C.</a> in Pittsburgh, Pennsylvania, to arrange a <a href="http://www.caringlawyers.com/CM/Custom/Contact.asp">free consultation</a>. <br />
</p>]]></description>
         <link>http://blog.caringlawyers.com/2008/07/medically_unfit_truck_drivers.html</link>
         <guid>http://blog.caringlawyers.com/2008/07/medically_unfit_truck_drivers.html</guid>
         <category>Trucking &amp; Auto Accidents</category>
         <pubDate>Thu, 24 Jul 2008 15:35:59 -0500</pubDate>
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            <item>
         <title>SURGICAL ERRORS:  DON’T BE A VICTIM</title>
         <description><![CDATA[<p><a href="http://www.caringlawyers.com/PracticeAreas/Surgical-Accidents.asp">Surgical errors</a> 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.</p>

<p>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.</p>

<p>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:</p>

<p>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.</p>

<p>2.	Make sure your doctor initials your surgical site.</p>

<p>3.	Confirm the surgery site with the surgeon before the procedure.</p>

<p>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 <a href="http://www.caringlawyers.com/">medical malpractice law firm </a>is one of the only law firms in Pittsburgh with medical doctors on staff to evaluate and consult on our medical malpractice and <a href="http://www.caringlawyers.com/PracticeAreas/Personal-Injury.asp">personal injury </a>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. <a href="http://www.caringlawyers.com/CM/Custom/Contact.asp"> Contact us </a>today for your free consultation.</p>

<p><br />
</p>]]></description>
         <link>http://blog.caringlawyers.com/2008/07/surgical_errors_dont_be_a_vict.html</link>
         <guid>http://blog.caringlawyers.com/2008/07/surgical_errors_dont_be_a_vict.html</guid>
         <category>Surgical Accidents</category>
         <pubDate>Mon, 21 Jul 2008 08:31:00 -0500</pubDate>
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