Pittsburgh Medical Malpractice Blog

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

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

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

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

According to the Center for Disease Control, 3,300 deaths were caused by drowning or submersion in 2000, with 25% of the victims being children under 16. Although drowning can occur in a number of places, including public and private swimming pools, open recreational waterways such as lakes and ponds, spas, hot tubs and even bathtubs, many of these accidents occur in backyard swimming pools. About 350 children under the age of 5 drown in backyard pools each year. Drowning is the second leading cause of death for this age group after motor vehicle accidents. Another 2,600 children are treated in hospital emergency rooms each year for near-drowning incidents. In non-fatal cases, an estimated 20% percent of victims suffer severe, permanent neurological disability due to brain damage, which can generally result after four minutes of submersion.

Property owners are responsible for providing reasonable and effective barriers to their property, especially if they have a pool or hot tub, because these features are considered an attractive nuisance. However, proving a property owner’s negligence can be difficult. An early and thorough investigation is necessary to handling these cases.

If you or someone you know has died or suffered a serious injury as a result of a swimming pool accident, please contact the Pittsburgh, PA law firm of Rosen Louik & Perry, P.C. Let our experienced team of personal injury lawyers help you with your case. Contact us today for a FREE consultation.

According to statistics, nearly five million Americans are bitten by dogs every year. On average, 16% (one of six) of all dog bite victims seek medical attention for their injuries. If you have been attacked and bitten by a dog, you may be wondering if you need to contact a lawyer, or if you even have a case.

The experienced personal injury lawyers at the Pittsburgh law firm of Rosen Louik & Perry, P.C. can help. During our free evaluation of your case, we can examine all the details of the dog attack. In deciding whether your claim is worth pursuing, Rosen Louik & Perry, P.C. will consider some of the following factors:

§ The severity of your injuries
§ The medical expenses incurred, as well as any future medical expenses
§ Any scarring or disfugurement resulting from the dog bite attack
§ Lost income from work due to your injuries

RESPONSIBILITY OF THE DOG’S OWNER

In Pennsylvania, owners are legally responsible for the behavior of their dogs. In most dog bite cases, the dog's owner is required to pay all medical bills and lost wages associated with a dog attack. If the dog’s owner has homeowner’s insurance, that insurance most often will pay for injuries sustained when a dog attacks and bites someone. Dog attacks account for nearly 33% of all homeowner’s liability claims yearly.

PENNSYLVANIA DOG LAW

Confinement of Dogs Statute

Pennsylvania’s Dog Law requires owners and keepers to have reasonable control over their dogs at all times. The law also requires owners to confine their dogs on their premises, and to restrain their dogs with a collar, chain, or other device to prevent straying. Dog bite victims who prove that the dog’s owner violated Pennsylvania’s confinement statute may recover under a theory of negligence per se.

COMMON LAW LIABILITY

In order to recover damages under Pennsylvania’s common law, the injured person must show that the dog’s owner was negligent and that the negligence caused the injuries.

At Rosen Louik & Perry, P.C., our personal injury lawyers have successfully represented individuals who have sustained permanent scarring and other serious injuries from being bitten or attacked by a dog. If you have been injured or attacked by a dog in Pittsburgh, PA, or the surrounding areas, or if you know someone who has been bitten by a dog, please contact Rosen Louik & Perry, P.C. to set up your FREE, no obligation consult.

Resources:
Pennsylvania Department of Agriculture
Dogbitelaw.com
Dogexpert.com

Slip and fall accidents can occur at any time, but they seem to occur more often during the winter months in Pennsylvania, when snow, ice, and water can accumulate on sidewalks, in parking lots, and on floors, making these areas particular dangerous for pedestrians. If you have been injured in an accident on someone else’s property, you may be able to file a premises liability lawsuit. Slip, trip and fall accidents are generally considered "premises liability" cases, which arise when property owners or custodians negligently maintain their property, or the conditions of the property are unreasonably dangerous. Many states have laws that require landowners to maintain their property so that it does not present an unreasonable risk of harm to those that visit the property. These laws often pertain to both business owners and homeowners.

The Pittsburgh law firm of Rosen Louik & Perry, P.C. represents plaintiffs in slip and fall (premises liability) cases throughout the state of Pennsylvania. If you believe you have been injured as a result of a slip and fall accident, please contact our firm today for a FREE consultation.

It used to be that only bikers and gang members sported tattoos but not anymore. Tattoos are incredibly popular, especially among teenagers, and getting rid of a tattoo may be as popular as getting one and can be a lot more painful There are several methods available for tattoo removal. Successful removal depends on a variety of factors; such as type of ink, depth of ink, intensity of color, and the age of the tattoo. Some of the methods currently used to remove tattoos are:

Dermabrasion:
This method uses a rapidly rotating, diamond tipped, skin sanding instrument to remove the tattoo pigment under the skin. This method will always result in a scar.

Surgical Excision:
This method involves cutting the tattooed portion of the flesh away, and in some cases, requires a skin graft from another part of the body. This method will always result in a scar.

Laser Techniques
There are several types of laser techniques available. The type of laser used depends on the size and location of the tattoo, the type and/or color of the tattoo pigment. Some laser type descriptions:

Carbon Dioxide (CO2) Laser:
Uses infrared light beam to vaporize the skin and remove tattoo pigment. The resulting wound and scarring are similar to the dermabrasion technique.

Q-Switched (Rapid Pulsed) Nd-YAT Laser:
Explodes or fragments pigment particles under the skin for the body's immune system to remove. This method is said to be superior in the removal of red ink. Results vary, with some sources indicating that the treatment produces virtually no scar; and others indicating that it may generate a textural change in the skin, and has been known to cause tissue splattering and bleeding. This treatment requires multiple treatment sessions and treatment is more costly.

Q-Switched Ruby Laser:
This method removes green and black inks very well. As above, some sources indicate little or no scar; while others indicate potential for breaking of the skin, frank bleeding or tissue splatter.

As one of our clients found out, tatoo removal should definitely be left to the professionals. Rhonda Smith got a tattoo when was 17 years old. Now she’s 34 and the mother of an eight month old who decided it was time to have the tattoo removed. Now, all she has to show is a nasty scar that used to be a tattoo.

“It’s disgusting,” said Smith. “It’s horrible” Smith had her tattoo removed using a series of laser treatments that promised no pain and no scarring.“Unless I can find the plastic surgeon willing to do the skin graft for cosmetic reasons, I will have this the rest of my life,” said Smith. Smith says the tattoo scar is painful and she cannot expose it to the sun.

Smith went to the Pennsylvania Institute of Electrology & Laser Clinic to have her tattoo removed. She says in a lawsuit she's filed that the staff wasn't trained. Smith’s lawyer Jon Perry states, “It’s just unfathomable that individuals can use lasers without medical training.” Her lawyer says she walked right into a business that's unregulated.

They used machines that real doctors are supposed to use but the business has no doctors -- not even a nurse on staff. “They used the wrong laser,” said Perry. “(It) had too intense of a light beam. It severely burned her skin and now she's left with a keloid scar which is far worse than the tattoo she wanted to have removed.”

If you must have a tattoo removed, you should have it done by a doctor or plastic surgeon. If you are an injured party pursuing a case, the personal injury law firm of Rosen Louik & Perry, P.C. can help. Conact Rosen Louik & Perry, P.C. for more information and/or a free consultation.

Innocent people regularly suffer grievous injures because of the negligence of others. Those innocent victims can obtain compensation for their injuries by resort to our civil justice system. The civil justice system is all too often the only way to hold wrongdoers accountable for their actions. For some time, however, wrongdoers have used lobbyists and public relations campaigns in an attempt to limit an innocent victim’s access to the courts by claiming that a “crisis” exists in the civil litigation system in general and with medical malpractice in particular. Compelling evidence shows that the claims of a “crisis” are simply not true.

In an article entitled “The gloves are off” in the July 2006 issue of Trial, Bill Straub, the deputy director of communications at the Association of Trial Lawyers of America, compellingly argues that corporate America’s focus on tort reform has only one goal—the maximization of profits by preventing innocent victims from obtaining compensation from corporate wrongdoers. However, rather than be honest about its aims, big business has instead demonized trial lawyers, the innocent victims’ protectors of last resort, by claiming that trial lawyers are ruining the U.S. economy. Straub asserts that the time has come for trial lawyers to fight back by exposing big business’ true goals.

Proponents of tort reform regularly complain that trial lawyers are “getting rich” by obtaining compensation for innocent victims. Straub points out the hypocrisy of this claim when, in 2005, the head of Exxon was paid $48.9 million, the head of Occidental Petroleum was paid $64.3 million, and the head of United-Health Group, Inc. was paid $37.7 million. (In fact, the pay of a typical CEO of a Standard & Poor’s 500 company was $11.8 million in 2005).

Straub also points to many instances where the desire for increased corporate profits comes at the expense of consumer safety. After all, the evidence is clear that Merck & Co. continued to market Vioxx long after it knew that the drug increased the risk of heart problems and strokes. Moreover, auto manufacturers balked at installing seat belts and air bags. Clothing manufacturers refused to use flame-resistant materials in children’s pajamas. Presented with these examples, Straub poses the question of who remains to protect people. He also answers that question. “The nation’s civil justice system has become the last line of defense—the place where even the most powerful are called to account for their misconduct. It’s the duty of trial lawyers to guide the maimed, the jobless, and families of the deceased through the dense thicket of laws, regulations, and practice rules that lead to fair compensation. And it’s a job that ought to be done unapologetically.”

Source: Trial

Even though over 1.5 million Americans are injured each year because of prescription medication errors, knowledgeable patients can protect themselves. The Institute of Medicine recommends that you do the following:

(1) Maintain a list of all prescription and non-prescription drugs, vitamins, and other dietary supplements used, and take this list whenever you visit your doctor or other health-care provider;
(2) Ask your doctor for written instructions on taking prescription medicine—compare those instructions with the instructions on your medicine bottle;
(3) Ask your doctor and the pharmacist about side effects of all prescription drugs;
(4) Use the same pharmacy whenever possible because most pharmacies maintain a computer system that will flag drugs that can interact dangerously;
(5) Read the information leaflet that comes with prescription drugs;
(6) If your pills look different when you obtain a refill, do not assume that the manufacturer changed the size, shape, or color—ask questions to make certain you did not receive the wrong medicine.

If you are a patient in a hospital, the Institute of Medicine recommends the following:

(1) Before surgery, ask if there are any medicines that you should avoid or stop taking beforehand;
(2) Ask your doctors and nurses about the drugs you are being given, why they are being given, and what effects you can expect from the drugs;
(3) Before being discharged, ask for a list of all medications you should take at home and instructions for taking that medication;
(4) Ask a relative or other person to make sure that the three steps mentioned above are taken if your condition prevents you from doing them yourself.

As you can see from this list, you can prevent unnecessary injuries in many cases simply by asking questions and making sure you receive satisfactory answers to all of your questions.

Source: Institute of Health

(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" »