Pittsburgh Medical Malpractice Blog

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.

Methicillin-resistant staphylococcus aureus, most often simply referred to as MRSA, causes an infection that is resistant to several common antibiotics. An estimated 90,000 people in the United States fall ill each year from MRSA. However, it is not clear how many die from the infection; one estimate puts it at more than 18,000, which would be slightly higher than U.S. deaths from AIDS. The infection has been associated with health care facilities, where it infects people with weakened immune systems. However, many recent cases involve an aggressive strain, community-associated MRSA, or CA-MRSA. Community-associated MRSA is generally the result of skin-to-skin contact between individuals. The infection can be life threatening if untreated. It is spread through close contact with an infected person, or by touching surfaces or personal items used by infected people. As a result, this disease is common among athletes and people in hospitals and jails. MRSA infections produce abscesses, boils and other pus-filled lesions on the skin.

Allegheny County has seen a tremendous rise in the number of community-associated MRSA cases. This year alone, more than 100 cases of community-associated MRSA have been reported in Allegheny County, a figure that already exceeds the 2006 total. Most recently, several Mount Lebanon High School football players have contracted MRSA, and two students in the North Hills School District were recently diagnosed with MRSA.

Fox News reported that the family of a 12-year-old boy that died from a staph infection intends to sue the city of New York, seeking damages of $25 million in a wrongful death lawsuit. Omar Rivera died from MRSA on October 14 at Brookdale University Hospital and Medical Center. Omar’s mother, Aileen Rivera, had taken the 7th grader to the hospital because she wasn’t satisfied with the care that he was getting at a clinic, which belongs to New York City’s public hospital system. Mrs. Rivera claims that the doctor at Kings County Hospital Center misdiagnosed Omar’s illness, identifying it as an allergic reaction rather than an infection. Because of this misdiagnosis, no tests were ordered and Omar was only given Benadryl for his skin lesions. Mrs. Rivera said her suit will be based upon the failure of doctors at Kings County Hospital Center to diagnose Omar’s MRSA infection.

Here are some suggestions to prevent community-associated MRSA:

Practice good hygiene
Keep cuts and scrapes clean and covered with a bandage until healed
Avoid contact with other people’s wounds or bandages
Avoid sharing personal items, such as towels, washcloths, razors, or clothes
Wash soiled sheets, towels and clothes in hot water with bleach and dry in a hot dryer
If a wound appears to be infected, see a healthcare provider. Treatment may include draining the infection and antibiotics.

Misdiagnosis
Misdiagnosing a patient can be a serious problem—especially if the wrong diagnosis results in the patient sustaining injuries, becoming more ill, or dying. A misdiagnosis can cause doctors to give a patient the wrong medication or treatment. In addition, a person’s chances of survival could decrease with a misdiagnosis.

The Pittsburgh law firm of Rosen Louik & Perry, P.C. has represented victims of medical malpractice involving cases where a misdiagnosis has been made, as well as representing people in wrongful death cases. Medical malpractice can occur when a doctor or other medical provider neglects to properly care for a patient during treatment or when they fail to properly diagnose (or delay in diagnosing) a condition.

If you or someone you love has been a victim of medical practice due to a medical provider’s error, it is important that you speak with an experienced medical malpractice lawyer who can evaluate your case for you and file a claim on your behalf. Contact the Pittsburgh, PA medical malpractice law firm of Rosen Louik & Perry, P.C. today for your FREE consultation.

Resources:
The Pittsburgh Channel
CDC

Continue Reading “Family of Boy Who Died from Staph Infection to File $25 Million Dollar Wrongful Death Lawsuit"

The spinal cord can be damaged in many ways, producing various symptom patterns, depending on the location, or level, of spinal cord damage. The spinal cord can be damaged in an accident, compressed by blood or infection, damaged when its blood supply is cut off, or affected by herniated or bulging discs. Spinal cord injury (SCI) is a term used to describe any injury to the spinal cord that results in a loss of sensation or function in the body. Approximately two million people worldwide and nearly 200,000 in the United States live with a spinal cord injury.

An often misdiagnosed disorder, Cauda Equina Syndrome, is a disorder that occurs when the spinal cord nerve roots are compressed which decreases sensation and movement. CES is a surgical emergency. Nerve roots that control the function of the bladder and bowel are especially vulnerable to damage. If one doesn’t obtain immediate treatment to relieve the pressure, CES may cause permanent paralysis, impaired bladder and/or bowel control, loss of sexual sensation and other problems.

Symptoms of CES vary in intensity and may evolve slowly over time. However, one should seek treatment immediately if experiencing the following symptoms:

Bladder and/or bowel dysfunction, causing urinary retention or the inability to move your bowels.

Severe or progressive problems in the lower extremities including loss of or altered sensation between the legs, over the buttocks, inner thighs and back of legs (saddle area), and feet/heels.

Pain, numbness or weakness spreading to one or both legs that may cause stumbling or difficulty in walking.

Often times, emergency surgery is required to decompress the nerves. The surgery can prevent irreversible damage.

The Pittsburgh law firm of Rosen Louik & Perry, P.C. has represented victims of medical malpractice involving the misdiagnosis of spinal cord injuries and CES. Medical malpractice can occur when a doctor or other medical provider neglects to properly care for a patient during treatment or when they fail to properly diagnose (or delay in diagnosing) a condition.

If you have been a victim of medical practice or someone you love has died because of a medical provider’s error, carelessness, or neglect, it is important that you speak with an experienced medical malpractice lawyer who can evaluate your case for you and file a claim on your behalf. Contact the Pittsburgh, PA medical malpractice law firm of Rosen Louik & Perry, P.C. today for your FREE consultation.

The majority of medical malpractice lawsuits result from the failure to diagnose and treat a serious condition in a timely fashion. Examples of those diseases that are most often misdiagnosed, or where there is a delay in diagnosis, are breast cancer, colon cancer, lung cancer, heart attacks and appendicitis.

As most people know, early detection is a key factor in the fight against cancer. For example, a woman diagnosed with breast cancer in its early stages has a greater survival rate than a woman whose breast cancer goes undiagnosed and/or is misdiagnosed. However, wrongful deaths caused by the misdiagnosis of cancer are on the rise.

Though the reasons for misdiagnosis vary, cancer misdiagnoses unquestionably are on the rise. Misdiagnosis may be the result of errors by doctors, specialists and laboratory tests, and these errors range from a totally mistaken diagnosis to a partial misdiagnosis.

WHAT FACTORS ARE FREQUENTLY ATTRIBUTED TO A MISDIAGNOSIS OR FAILURE TO DIAGNOSE?

* Failing to identify an obvious lump during breast examination
* A cancerous lesion is missed in the biopsy procedure
* A malignant mass is diagnosed as benign
* Specimens are mishandled by pathology, or improperly read or interpreted
* Failing to order x-rays, CT scans or MRI’s
* Failing to properly evaluate test results
* Failure to understand or notice the nature of a patient’s complaints
* Failure to adequately screen patients who are at an increased risk for cancer
* Failure to refer a patient to a specialist for further testing
* Failure to follow up with a patient if cancer should have been suspected

The Pittsburgh, Pennsylvania medical malpractice law firm of Rosen Louik & Perry, P.C. has the experience, knowledge, skills, and resources to successfully represent clients in cancer misdiganosis cases. Our understanding of the legal and medical issues involved come from years of successfully representing individuals who have been misdiagnosed.

If you or someone you love has been misdiagnosed, or experienced a delay in diagnosis, Rosen Louik & Perry, P.C. can help. Contact us today for your FREE evaluation.

The American Cancer Society estimates that in 2007, approximately 9,700 women will develop cervical cancer, resulting in about 3,700 deaths. Some researchers estimate that non-invasive cervical cancer (carcinoma in situ) is about four times more common than invasive cervical cancer.

Some key statistics concerning cervical cancer:

§ Cervical cancer was once one of the most common causes of cancer deaths for American women.

§ Between 1955 and 1992, the number of cervical cancer deaths in the United States dropped by 74%, mainly because of the increased use of the Pap test.

§ Cervical cancer tends to occur in midlife. Half of women diagnosed with this cancer are between the ages of 35 and 55. It rarely occurs in women younger than 20.

§ Cervical cancer is one of the most preventable cancers, yet remains the world’s second leading cause of cancer deaths in women

§ The 5-year relative survival rate for the earliest stage of invasive cervical cancer is 92%. The overall (all stages combined) 5-year survival rate for cervical cancer is about 72%.

What is the connection between Genital HPV (human papillomavirus) and cervical cancer?
§ HPV is a common virus which infects about half of all people at some point in their lives.

§ Approximately 80% of women will become infected with HPV by the age of 50.

§ The Centers for Disease Control estimates that 20 million Americans are infected with HPV each year. Of the estimated 20 million Americans infected, almost half are between the ages of 15 and 24.

§ While in many cases HPV does not have any symptoms and clears on its own, that is not always the case. Certain high risk types of HPV can cause cervical cancer.

Cervical cancer malpractice claims frequently arise from errors in interpreting PAP smears and from errors in interpreting biopsies of the cervix. In addition, many cases arise because gynecologists fail to properly follow and treat pre-cancerous and cancerous lesions. The Pittsburgh law firm of Rosen Louik & Perry, P.C. has represented plaintiffs in medical malpractice cases involving failure to timely and properly diagnose cervical cancer. If you or someone you know believes they have been the victim of medical malpractice. the Pittsburgh law firm Rosen Louik & Perry, P.C. of law for a FREE consultation. We are a firm who have dedicated our careers to holding medical professionals responsible for their mistakes with the goal of improving the health care system.

Resource Links:

CDC (Center for Disease Control)
American Cancer Society

During the recent past (2003 to 2006), C. Difficile has been more frequent, more severe, more resistant to standard therapy, and those who do contract C. Difficile, are more like to get it again.

What is C. Difficile?
It is a bacterium in your intestine that causes diarrhea, and could often cause more serious intestinal conditions such as colitis, sepsis and even death.

What Causes C. Difficile?
C. difficile colitis is associated with the prolonged use of antibiotics. This type of C. difficile is the most common infection acquired by patients while they are in the hospital. According to an article published in MedicineNet.com, more than three million C. difficile infections occur in hospitals in the United States each year. After a stay of only two days in a hospital, 10% of patients will develop infection with C. difficile.

What are the symptoms of C. Difficile?
Those patients who have a mild form of C. difficile may have a low-grade fever, mild diarrhea (5-10 watery stools per day) and mild abdominal cramping. Patients who have severe C. difficile may have a high fever (102° - 104°), severe diarrhea (more than 10 watery stools per day), loss of appetite, and severe abdominal pain and tenderness. Severe diarrhea can lead to dehydration. Some of the less common, but life threatening complications of severe C. difficile colitis can be peritonitis and perforation of the colon.

How is C. difficile disease treated?
C. difficile is generally treated for 10 days with antibiotics prescribed by your healthcare provider. These drugs have proven to be effective and appear to have few side effects.

How is C. Difficile diagnosed?
The most widely used test for detecting C. difficile is a stool specimen. There are two different toxins, toxin A and toxin B, both capable of causing severe C. difficile. These toxins can be easily observed under the microscope. This tissue culture test is considered the gold standard because of its high sensitivity and specificity. Unfortunately, like most tests in medicine, these tests for toxins are not perfect; both false positive tests (finding toxins when there is no C. difficile) and false negative tests (not finding toxins when C. difficile is present) can occur.

The Pittsburgh law firm of Rosen Louik & Perry, P.C. recently reached a settlement of $815,000 in a C. difficile case in Lawrence County. Unfortunately, the patient involved in this hospital acquired infection lawsuit died because her C. difficile went unreported to the doctor who ordered the test. A stool sample taken was reported to the hospital as positive for a bacterial infection. However, a nurse failed to report these findings to the physician who ordered the test. The size of the settlement was remarkable for Lawrence County given that it involved an elderly woman with a serious pre-existing condition.

If you or someone you know believes they have been the victim of medical malpractice or suffered from a hospital acquired infection, contact the Pittsburgh law firm Rosen Louik & Perry, P.C. of law for a FREE consultation. We are a firm who have dedicated our careers to holding medical professionals responsible for their mistakes with the goal of improving the health care system.

Resource Links:
Annals of Internal Medicine
Center for Disease Control
MedicineNet.com

Reports from government and medical agencies reveal the shocking figure that more than 250 patients per day die as the result of medical malpractice. Thousands more are injured on a daily basis. However, not every bad outcome means that malpractice was committed. How does one determine the difference between a medical error caused by negligence and a bad result caused by an unfortunate risk or complication of a procedure?

Although countless dedicated medical professionals work to save lives and promote health, errors can occur at many levels. Some of these errors occur with mistaken lab tests, overworked technicians, understaffed nurses, physician error and general incompetence.

Medical errors are committed in many different ways. For example, a doctor may fail to diagnose a condition, a radiologist may misinterpret an x-ray, mammogram, CT Scan or MRI, a physician may diagnose and treat the wrong condition, an obstetrician may improperly delay the performance of a c-section, a pathologist may misinterpret a pap smear, an anesthesiologist may improperly manage an airway, a nurse may give the wrong medication, a pharmacist may dispense the wrong medication, or a surgeon may fail to adequately explain the risks of a given procedure.

Some of the factors in deciding to pursue a medical malpractice claim are based upon the following:

Breach of the standard of care. You must prove that the doctor made a mistake -- a mistake that a reasonable and prudent doctor would not have made under the circumstances. Generally, this requires an expert witness (another doctor) to come forward and testify that your doctor did make a mistake. As you can imagine, this is not an easy process, since doctors do not like to testify against each other. Finding good expert witnesses is the critical part of most medical malpractice cases.

Causation. In addition to showing the doctor made a mistake, you must show the doctor's mistake caused an injury to you. To look at it another way, people go to doctors because they are sick. Even the best medical treatment cannot provide a cure at times. So, you have to be able to show that IF the doctor had not made the mistake, the patient would have gotten better, or would not have been injured as much. Again, it is critical to get an expert witness who is willing to offer such testimony

Damages. Finally, you have to show that damages resulted from the doctor's mistakes. Damages can consist of anything from death to serious injury. Damages may also include lost wages, medical bills, paid and suffering, mental anguish, or the loss of a loved one. Often, economists and other experts are necessary to calculate and present these damages in court.

Only a qualified expert who reviews all applicable medical records can distinguish between a medical error caused by negligence and a bad outcome because of an unintended, but known and accepted risk of surgery. If you or someone you know believes they have been the victim of medical malpractice, contact the law firm of law Rosen Louik & Perry, P.C. for a FREE consultation. At Rosen Louik & Perry we have dedicated our careers to holding medical professionals responsible for their mistakes with the goal of improving the health care system.

According to the Center for Disease Control and Prevention, obesity has dramatically increased in the United States during the past 20 years. As waistlines continue to expand in this country, so do the number of dieters desperate to lose weight.

A recent article published in the Boston Herald revealed that the number of bariatric surgeries, (also known as gastric bypass surgery) has quadrupled since 2000 to 171,000 in 2005, according to the American Society of Bariatric Surgery and the number keeps growing.

Gastric bypass is the most common form of weight loss surgery in the United States because it results in reliable weight loss. In gastric bypass surgery, the surgeon staples off a large section of the stomach, leaving a tiny pouch. Patients can’t eat as much as they used to before the surgery. The small pouch can only accommodate a few ounces of food at a time, resulting in weight loss.

Since 1997, the Center for Obesity Surgery has been performing a laparoscopic gastric bypass procedure. In this type of surgery, surgical instruments are inserted through small incisions rather than a large one. The patient benefits include a faster recovery time, a lower risk of hernia, and less scarring.

As with any surgery, gastric bypass surgery can have immediate and long-term complications and risks. Some of possible risks can include:

- Bleeding
- Complications due to anesthesia and medications
- Deep vein thrombosis
- Dehiscence (separation of areas that are stitched or stapled together)
- Infections
- Leaks from staple lines
- Marginal ulcers
- Pulmonary problems
- Spleen injury
- Stenosis (narrowing of a passage, such as a valve)
- Death

Researchers at the University of Washington found that 1 in 50 people die within one month of having gastric bypass surgery, and that figure increases nearly five times if the surgeon is inexperienced.

Knowing how to distinguish between a bad outcome due to negligence and a bad outcome because of an unintended, but known and accepted risk of surgery, can only be determined by a review of the records by a qualified surgeon. If you or someone you know believes they have been the victim of surgical malpractice, contact the law firm of law Rosen Louik & Perry, P.C.for a FREE consultation. The medical malpractice firm of Rosen Louik & Perry, P.C. has successfully represented individuals of surgical errors in gastric bypass cases.

Resource Links:
Columbia University Department of Surgery
Biartricedge.com
CBSNEWS.com

Pennsylvania became the first state to publicly report the number of patients who contracted an infection while in one of its 168 hospitals last year. A recent report issued by the Pennsylvania Health Care Cost Containment Council (PHC4) indicates that deadly hospital infections are on the rise. According to the report, in Pennsylvania, more than 19,000 patients acquired infections at the hospital resulting in 2.400 deaths. Nationally, 90,000 people died from hospital acquired infections.

A patient who contracts a hospital infection will spend an average of 20.6 days in hospital, costing an average of $185,000.

The Pennsylvania report covers 1.6 million hospital admissions and comes in the middle of a growing effort by employers, insurers and governments to require hospitals to publicly release more data on infections. Under the state's law, hospitals must report infection rates for surgical site infections, urinary tract infections, pneumonia and blood stream infections.

Unlike some studies, the report looks at infections hospital-wide. It found, on average that 12.2 patients per 1,000 contracted an infection. On average, patients who contracted infections cost private insurers $59,915 for hospital care, compared with $8,311 for those who were not infected.

The topic of hospital infections has been controversial because the infections are usually transmitted by workers who do not wash their hands or by contaminated medical equipment. Quality control experts expect the report will be used by hospitals to improve infection control efforts, which range from requiring consistent hand washing to taking special steps to prevent patients on ventilators from getting pneumonia.

Listed below are some area hospitals’ infection rates (per 1,000 patients):

· Butler Memorial 39.4
· Jefferson Regional 28.7
· Allegheny General - 19.9
· Mercy Hospital - 17.4
· St. Clair Memorial - 17.3
· UPMC Presby-Shadyside - 16.2
· Beaver Medical - 10.1
· West Penn Hospital - 9.4
· Westmoreland Regional - 9
· UPMC Passavant - 5.5

Hopefully, the release of this report will place pressure on hospitals to try to improve patient health and safety.

Seeking out medical malpractice advice can be a complicated task. If you think that you or a loved one has suffered from hospital malpractice, then you need to consult with a legal professional. The medical malpractice law firm of Rosen Louik & Perry, P.C. has successfully represented individuals against hospitals in medical malpractice cases. Contact Rosen Louik & Perry, P.C. for your free consultation. One of our doctors on staff will be happy to discuss your case with you.

Resources
PennPIRG.org
The Pittsburgh Channel.com
USA Today.com

According to the American Heart Association, coronary heart disease is America's No. 1 killer. Stroke is No. 3 and a leading cause of serious disability. That's why it's so important to reduce your risk factors, know the warning signs, and know how to respond quickly and properly if warning signs occur.

Heart Attack Warning Signs

Some heart attacks are sudden and intense — the "movie heart attack," where no one doubts what's happening. But most heart attacks start slowly, with mild pain or discomfort. Often people affected aren't sure what's wrong and wait too long before getting help. Here are signs that can mean a heart attack is happening:·

Chest discomfort. Most heart attacks involve discomfort in the center of the chest that lasts more than a few minutes, or that goes away and comes back. It can feel like uncomfortable pressure, squeezing, fullness or pain.

Discomfort in other areas of the upper body. Symptoms can include pain or discomfort in one or both arms, the back, neck, jaw or stomach.

Shortness of breath. May occur with or without chest discomfort.

Other signs: These may include breaking out in a cold sweat, nausea or lightheadedness

In many instances, a heart attack may go undiagnosed. Many patients are sent home without being properly diagnosed. Take the case of James Pettry.

When chest pain woke James Pettry early one morning this spring, his wife, Mary, found him sitting on their bed, short of breath and sweating profusely. She dialed 911.In the five minutes it took for an ambulance to reach their home in Lafayette, Ind., on April 28, the seriousness of her husband's condition hit Mary. "I thought he was having a heart attack," she says.

The paramedic, who gave Pettry oxygen and aspirin and then used an electrocardiogram machine to examine the heart's electrical function, agreed. The ambulance crew whisked Pettry 3 miles to St. Elizabeth Medical Center. The doctor in the emergency room, Edward Seall, disagreed with the paramedic. After running more tests, he sent Pettry home nearly five hours later, saying Pettry just had anxiety. The patient was advised to follow up with his doctors but to return if his chest pain became worse. Pettry, 74, was dead the next day, one of thousands who perish each year when their heart attacks are undetected by doctors.

The retired salesman, a father and grandfather, died from severely clogged arteries while sitting in his easy chair within 24 hours of being discharged, according to an autopsy report. In part because there is no foolproof test, one in 50 heart attack victims are mistakenly sent home by emergency room doctors, researchers from New England Medical Center in Boston reported in the New England Journal of Medicine in April 2000. Other studies have documented higher rates of missed heart attack diagnosis.

According to a report filed by The Henry Kaiser Family Foundation, physician errors are a factor in about 60% of medical malpractice claims that involved patients allegedly injured because of missed or delayed diagnoses, according to a study published in the Annals of Internal Medicine. For the study, researchers at Brigham & Women’s Hospital in Boston reviewed 307 claims from four large malpractice insurers that were closed between 1984 and 2004, 181 of which involved alleged diagnostic errors that injured patients.

Seeking out medical malpractice advice can be a complicated task. If you think that you or a loved one has suffered from physician malpractice, then you need to consult with a legal professional. The medical malpractice law firm of Rosen Louik & Perry, P.C.has successfully represented individuals against doctors, hospitals, pharmacies, nursing homes and assisted living homes in medical malpractice cases.

Resources
USA Today.com
The Kaiser Family Network
American Heart Association

Despite extensive access to prenatal care and a level of medical technology undreamed of in previous generations, almost 5% of the children born in the United States suffer from birth defects. Some of these children - those with minor injuries - may recover quickly and completely, but others are subject to a lifetime of disability. Unfortunately, the negligent and avoidable errors of doctors, hospitals and nursing staff during the birthing process can cause such injuries, such as cerebral palsy.

Cerebral palsy is the generic term for a number of disorders affecting a baby's brain function and body movement. Cerebral palsy can be the result of an injury to a baby's brain in the womb, during delivery, or some time after birth. It can also be caused by a lack of oxygen flow to a baby's brain during delivery.

What are some of the signs of cerebral palsy?

The signs of cerebral palsy vary greatly because there are many different types and levels of disability. The main sign that your child might have cerebral palsy is a delay reaching the motor or movement milestones. If you see any of these signs, call your child's doctor or nurse.

A child over 2 months with cerebral palsy might:

Have difficulty controlling head when picked up.
Have stiff legs that cross or "scissor" when picked up.

A child over 6 months with cerebral palsy might:

Continue to have a hard time controlling head when picked up.
Reach with only one hand while keeping the other in a fist.

A child over 10 months with cerebral palsy might:

Crawl by pushing off with one hand and leg while dragging the opposite hand and leg.
Not sit by himself or herself.

A child over 12 months with cerebral palsy might:

Not crawl.
Not be able to stand with support.

A child over 24 months with cerebral palsy might:

Not be able to walk.
Not be able to push a toy with wheels.

Unfortunately, cerebral palsy is often the result of preventable medical mistakes made by doctors, hospitals, and other medical professionals. If you suspect your child developed cerebral palsy due to medical malpractice, you may be eligible to seek compensation for the damages you and your child have endured. Although medical malpractice is only the cause of cerebral palsy in a modest percentage of cases, you have the right to know if your child's cerebral palsy was preventable.

Contact the medical malpractice law firm of Rosen Louik & Perry, P.C. for more information and/or a free consultation.

Sources: National Birth Defects Prevention Network; United Cerebral Palsy; Center for Disease Control

Each year, approximately 50,000 women die from breast cancer, the leading cause of death among women. As with many cancers, the early diagnosis of this disease significantly improves a woman’s chance for survival. In fact, early diagnosis can lead to cure. Because obstetrician-gynecologists are in a favorable position to diagnose this disease, the American College of Obstetricians and Gynecologists has developed guidelines for early diagnosis.

All women should be taught the importance of, and how to properly conduct, self-examination of their breasts. Women should start self-examination of their breasts while in their 20’s and should continue to do so for the rest of their lives. Further, a complete gynecologic examination should include visual inspection and palpation of a the breasts. Because the risk of developing breast cancer increases with age, regular screening by mammography, a low-dose x-ray examination of the breasts, is recommended. Although some controversy exists concerning the age that mammography should start, ACOG recommends annual mammography beginning at age 50, unless certain risk factors exist, such as a family history of breast cancer. On the other hand, the American Cancer Society and the National Cancer Institute (as well as other medical organizations) recommends regular (either annual or bi-annual) mammography screening for women at age 40. Because screening mammography alone cannot rule out a malignancy, ACOG notes that a persistent, palpable breast mass requires additional evaluation, which should include diagnostic mammography, ultrasonography, aspiration, or biopsy.

Unfortunately, many women are the victims of medical malpractice because their physicians fail to diagnose breast cancer in a timely manner. In representing such medical malpractice victims, the lawyers at the Pittsburgh law firm of Rosen Louik & Perry have successfully proven that physicians were negligent when they ignored complaints of a breast lump, complaints of nipple change, and changes in the texture and/or color of a breast. Further, even when proper testing is ordered, radiologists all too often fail to properly interpret the films.

Sources: American College of Obstetricians and Gynecologists, American Cancer Society, National Institute

Rosen Louik & Perry is a Pittsburgh law firm that represents victims of medical malpractice, including men who have been injured by the failure to diagnosis prostate cancer. Because prostrate cancer is one of the several cancers where early detection can result in a cure, screening for prostate cancer is recommended.

Doctors can perform various screening tests in an attempt to diagnose prostate cancer at its earliest stages. The two initial tests are the digital rectal examination (DRE) and the prostate specific antigen (PSA). During a DRE, a physician will palpate the back portion of the prostate attempting to find any irregular areas. DRE is recommended for all men over the age of 40. PSA is produced by cells in the prostate gland. Although all men have PSA circulating in their bloodstream, increased levels will be found when prostrate cancer is present. To perform this test, a small amount of blood is taken from the patient and tested for PSA levels, which are reported as manograms per milliliter. A PSA reading of 0 to 2.5 is considered low; a reading of 2.6 to 10 is considered slightly to moderately elevated; a reading of 10 to 19.9 is considered moderately elevated; a reading of 20 or more is considered significantly elevated. Cancer is more likely to be present as PSA levels increase. It is important to note, however, that elevated PSA levels can be caused by non-cancerous conditions, such as prostatitis and benign prostatic hyperplasia. As a result, when elevated levels of PSA are found, further tests are required.

Prostate biopsy is the gold standard for such further testing. Using a transrectal ultrasound, a needle is placed into the prostate to obtain samples of tissue. Typically, six or more samples are taken from different parts of the prostate gland and are then sent to a pathologist for interpretation. The biopsy procedure is relatively painless, short in duration, and can be done on an outpatient basis.

Unfortunately, many errors can occur during attempts to determine whether or not a patient has prostate cancer. First, despite recommendations by many organizations that men undergo DRE and PSA testing, physicians fail to discuss and perform these tests. Second, all too frequently, elevated PSA levels are reported to the physicians’ offices by laboratories but these findings are simply overlooked by the physicians and/or their staffs; as a result, these patients fail to receive further testing. Third, even when biopsies are taken, laboratory error or misinterpretation by the pathologist can result in a patient receiving an incorrect diagnosis.
The bottom line—if you are over 40 years of age, you should ask your doctor to perform an annual DRE. If you are over 50 years of age, you should request that PSA testing be performed in conjunction with the DRE. If your PSA is elevated, ask your physician to refer you to an urologist for a determination of the cause of the elevated PSA levels. Finally, if you have a prostate biopsy, you should always request that your pathology slides be interpreted by two pathologists to confirm the diagnosis.

In diagnosing disease, physicians increasingly rely upon pathologists, medical doctors who specialize in the study of changes in cells, tissue and organs. A specimen taken from a patient, generally by biopsy, will be submitted to a laboratory for microscopic examination by a pathologist, who is asked to offer an opinion whether a disease, often cancer, may or may not be present. Treatment decisions are often made exclusively on the opinion of a pathologist. Pathology errors can constitute medical malpractice that lead to devastating patient injuries.

Pathology errors generally fall within three broad categories. One type is a processing error. Pathology labs are the specimens of numerous patients and those specimens will be handled by different employees. It is well known that processing errors frequently occur, ranging from the intermingling of specimens from different patients to placing the wrong patient’s name on a pathology report that is sent to the treating physician. The other two broad categories involve errors by the pathologist in examining and analyzing a patient’s specimen. A pathologist can offer an opinion that disease is not present when in fact it is (under-reporting) or that disease is present when in fact it is not (over-reporting).

The Pittsburgh medical malpractice law firm of Rosen Louik & Perry has represented many clients who were victims of pathology error. Such error can lead to the failure to timely diagnose various forms of cancer, sometimes leading to wrongful death. Other such errors can lead to the unnecessary removal of healthy organs. The firm recently obtained a verdict of $5.5 million against Dianon Systems and in favor of a husband and wife where the husband’s healthy prostate was removed because of a laboratory processing error. The firm is presently representing a Colorado couple under virtually identical circumstances against Dianon Systems.

A study published in the December 1, 1999 issue of the journal Cancer studied over 6,000 patients and found that one or two of every 100 patients seeking treatment following biopsy have an incorrect diagnosis. Dr. Jonathon Epstein, the Johns Hopkins pathologist who headed the researchers involved in the study, suggested a second pathology opinion be obtained when cancer is reported before surgery or other major therapy.

Source: Cancer