Pittsburgh Medical Malpractice Blog

It is widely known in the Pittsburgh legal community that only a small percentage of medical malpractice and personal injury cases are brought to court. However, if you are involved in one of the cases that are tried in court, it is crucial that you have one of the best trial lawyers on your side. Why? According to an article published in the Boston Globe, many attorneys have no trial experience, which is one of the things insurance companies look at when making offers. Insurance adjusters know who does, and who does not, go to trial and the same case with an attorney with no trial experience may seem worthless to an insurance company.

WHAT DOES A TRIAL ATTORNEY DO?

The trial attorney's job is to persuade a jury of the facts in a case, and to display them in a way that best supports the client's position. Preparing for a trial can take a trial attorney several months. The trial itself also requires a tremendous amount of work on the lawyer's part. In court, trial attorneys argue motions, meet with judges, prepare scheduling orders, select jurors, and argue cases. Out of court, trial attorneys review files and scheduling orders, contact witnesses, take depositions, and meet with clients.

The trial attorneys at the Pittsburgh law firm of Rosen Louik & Perry, P.C. have extensive trial experience. Neil R. Rosen, Jon R. Perry and Michael Louik are all members of the prestegious Allegheny County Academy of Trial Lawyers. Our trial lawyers have helped clients recover seven figure settlements and verdicts, and have been recognized by their peers as Super Lawyers.

Free Legal Consultation

When you contact the Pittsburgh law firm of Rosen Louik & Perry, P.C. to find out if you have a medical malpractice or personal injury claim, we offer a free consultation. We also have two doctors on staff to help evaluate your medical malpractice claim. This means that after you give us all the facts about your claim and your injuries, we’ll tell you whether or not we think you have a case. This service is absolutely free, and you’re not obligated to use our law firm, even if we determine you have a case.

No Fee Unless Recovery is Made

Some firms charge clients upfront. We don’t. The lawyers at Rosen Louik & Perry, P.C. work on what is called a “contingent fee” basis. The contingent fee system is the "key to the courtroom" for thousands of Americans. It allows people who suffered an injury to bring a suit without having to have the money up front to pay their attorney. If our lawyers do not recover monies and the plaintiff receives no compensation, we receive no fee - not even reimbursement of our costs. The Pittsburgh law firm of Rosen Louik & Perry, P.C. bears all the financial risk if there is no recovery. In other words, it will not cost you a penny unless and until we settle your case or receive an award from a jury.

Rosen Louik & Perry, P.C. represents plaintiffs in medical malpractice, personal injury, wrongful death, birth injury, and catastrophic injury cases statewide in Pennsylvania. Super Lawyers Neil Rosen (also a Top 50 Pittsburgh Lawyer), Jon Perry and Michael Louik are AV-rated. They’re also members of the Million Dollar Advocates Forum and The Allegheny County Academy of Trial Lawyers

According to new guidelines published by the American Cancer Society, approximately 1.4 million women in the United States have an unusually high risk of developing breast cancer. These women should undergo an annual MRI examination as well as a mammogram. A recent study also suggests that women newly diagnosed with breast cancer should undergo MRI examination. For women with a new diagnosis of cancer in one breast, MRI is much better than mammography for determining whether the other breast carries a cancer. Women at very high risk of breast cancer can be diagnosed much earlier when combining the two technologies rather than using mammography alone.

The American Cancer Society panel suggests that women should get annual breast MRI’s if:

§ They carry mutations in the BRCA1 or BRCA2 breast cancer genes.
§ They have a parent, sibling, or child with a BRCA1 or BRCA2 mutation, even if they have yet to be tested themselves.
§ Their lifetime risk of breast cancer has been scored at 20%-25% or greater, based on one of several accepted risk-assessment tools that look at family history and other factors.
§ They had radiation to the chest between the ages of 10 and 30.
§ They have a rare medical condition linked to breast cancer -- Li-Fraumeni syndrome, Cowden syndrome, or Bannayan-Riley-Ruvalcaba syndrome -- or have a parent, sibling, or child with one of these syndromes.

Although other women may benefit from MRI screening for breast cancer, the evidence is insufficient to include them in the screening recommendation. The ACS says "the jury is still out" on whether the benefits of MRI screening outweigh the risks for women with:

§ A 15%-20% lifetime risk of breast cancer, based on one of several accepted risk-assessment tools that look at family history and other factors
§ Lobular carcinoma in situ (LCIS) or atypical lobular hyperplasia (ALH)
§ Atypical ductal hyperplasia (ADH)
§ Very dense breasts or unevenly dense breasts
§ Previously diagnosed breast cancer, including ductal carcinoma in situ (DCIS)

Women should be aware that not all doctors' offices have the proper MRI equipment. The American Cancer Society warns that women should not get MRI screening at a practice that does not also offer MRI-guided biopsies.

Resources:
The Pittsburgh Channel.com
MedicineNet.com
American Cancer Society

About Our Law Firm

Rosen Louik & Perry, P.C. are personal injury and medical malpractice lawyers in the Pittsburgh area. This legal blog is a service of our company to help educate the public about issues related to health, wellness and your legal rights. If you believe that you or a loved one has had their breast cancer misdiagnosed, contact us for a FREE consultation. Read more about our medical malpractice law firm in Pittsburgh here.

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

Cancer of the uterus is the fourth most common cancer in women. Approximately 41,000 cases of uterine cancer are diagnosed annually. Nevertheless, uterine cancer is the eighth most common cause of cancer deaths because it is generally diagnosed early. (Approximately 7,300 women die annually from uterine cancer. By way of comparison, ovarian cancer is annually diagnosed approximately 22,000 times with over 16,000 deaths). Thus, as with many other cancers, an early diagnosis of uterine cancer is crucial.

The most common symptom in 90% of women diagnosed with uterine cancer is postmenopausal bleeding. Because most women recognize the need for prompt evaluation of such bleeding, almost 75% of women are diagnosed with stage 1 uterine cancer. On average, women are diagnosed with uterine cancer at age 60. Women younger than age 40 who are diagnosed with the disease make up only 5% of the total cases, and those women almost always have specific risk factors including morbid obesity, chronic lack of ovulation and hereditary syndromes. Women who have taken tamoxifen following breast cancer are also at an increased risk for the disease.

Women who experience postmenopausal bleeding generally should undergo a dilatation and curettage (D&C) in the offices of their gynecologist. The use of this procedure by an experienced physician can diagnose up to 90% of uterine cancers. Stage 1 disease can generally be cured by surgery alone, without the need for follow-up radiation. Survival rates with surgery are 15-20% higher than with primary radiation treatment, so that primary radiation should be used only with women who are poor surgical candidates or who have unresectable tumors. Because of the high cure rates, screening is not recommended for asymptomatic women, even those who have taken tamoxifen.

Following primary treatment for uterine cancer, a woman should be seen every three to four months for the first two years, as 85% of recurrences occur in that period. For the next three years, semi-annual examinations are recommended with annual exams thereafter. These examinations should include a pelvic examination, a Pap smear and a survey of the lymph nodes. Chest x-rays may also be employed.

The medical malpractice attorneys at Rosen Louik & Perry in Pittsburgh have successfully represented women (and their families) who suffered injuries because of the failure to timely diagnose uterine cancer. If you have any questions concerning this or other matters, contact Rosen Louik & Perry for more information or a consultation.

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

Much has been written lately about hospital-acquired infections. The Center for Disease Control estimates that such infections annually account for 2 million infections, cause 90,000 deaths, and $4.5 billion in excess health care costs. Although the causes of these infections are numerous and varied, it is universally understood that many of these infections could be prevented if health care providers simply washed their hands after administering aid to each patient. In a recent article in FindLaw, Sherry F. Kolb, a professor at Rutgers Law School, writes that we all can and should protect ourselves by insisting that doctors wash their hands before touching us.

The medical community has known for over a century that germs can cause disease. Nevertheless, Ms. Kolb learned that many doctors and nurses fail to wash their hands between patients when she researched and wrote prior article on hospital-acquired infections. She recounted her personal experiences with a two-year-old daughter, who required regular bladder catheterization. On at least two occasions, health care providers were prepared to insert the catheter without having first washed their hands. The nurse and the doctor involved on both occasions claimed that handwashing was unnecessary because they were wearing gloves. However, Ms. Kolb knew from an article in the American Journal of Infection Control that using gloves was not a substitute for handwashing. Why? Because one’s hands touch the outside of the gloves when putting them on. Both eventually washed their hands before treating Ms. Kolb’s young daughter.

Ms. Kolb’s standard practice is now to ask if hands have been washed unless she personally observes the act of handwashing. As Ms. Kolb points out, asking a doctor or nurse to wash their hands can often anger the health care provider in question. But as she notes, it is better to be safe than sorry. We all should consider following her advice.

Sources: Center for Disease Control, FindLaw, American Journal of Infection Control

http://www.caringlawyers.com/lawyer-attorney-1063384.html

(In addition to representing the victims of medical malpractice, this office represents injured parties in a number of other contexts. As a result, this blog will at times contain entries that are not directly related to medical malpratice, and this is one of those entries. Almost all of us have been involved in automobile accidents. All to often, people injured in an auto accident are severely prejudiced and not allowed to make a full recovery because of decisions made when purchasing automobile insurance. The information contained here should allow you to make reasoned decisions about your auto insurance.)

In this age of mandatory automobile insurance in Pennsylvania (and most if not all other states), vehicle owners must purchase such insurance. Insurance companies and their agents often inform us that by waiving or limiting certain types of coverage, we can save money. Unfortunately, too many of us fail to understand what we are giving up to obtain lower premiums. All too often, we make decisions that are “penny wise but pound foolish.”

Continue reading "Purchasing Automobile Insurance-What Your Insurance Company Isn’t Telling You" »