When a Doctor Deliberately Causes Medical Injuries

Most people visit the doctor or hospital with the expectation that physicians and other healthcare professionals have their best interests in mind. Although it’s rare, unfortunately, there are professionals in this field that cause deliberate harm. The best malpractice attorneys understand that these types of claims can be hard to win, but in some cases, justice does prevail.

Types of Damages in Medical Malpractice Cases

Depending on the specific circumstances of a claim, personal injury lawyers may be able to help injured victims recover three types of damages.

General damages are economic losses that can be quantified, such as the cost of medical bills and past and future loss of income. Special damages include pain and suffering, emotional distress, loss of enjoyment, and other non-economic damages.

Both general and special damages are considered compensatory damages, which means they are intended to “make the plaintiff whole.” However, in cases involving particularly egregious or careless acts, punitive damages may be awarded. Punitive damages are not intended to compensate the victim. Rather, they are awarded to punish the wrongdoer and deter others from committing similar acts in the future.

What Does Medical Malpractice Insurance Cover?

In cases involving medical mistakes or negligence, medical malpractice insurance typically covers all three types of damages. However, things can get tricky when a doctor deliberately causes harm to a patient. Most malpractice policies state that when a physician deliberately causes injury or covers up a criminal act, insurance coverage does not apply. This means that if your doctor caused deliberate injuries, you may have to bring a lawsuit against them personally to recover damages. They may also be subject to criminal charges if the state decides to prosecute them for criminal acts.

Claims Against Hospitals or Health Care Systems

It’s important to understand that suing your doctor may not be your only possibility for recovering compensation if you were deliberately harmed. If a hospital or health care system employed or contracted with the physician, they may also be on the hook for damages.

Hire an Experienced Medical Malpractice Attorney

Medical malpractice cases are complex. When deliberate acts of harm are involved a claim can be even more challenging to prove. If you’ve been hurt or have lost a loved one and you believe a healthcare professional may have committed wrongdoing, a medical malpractice attorney can evaluate your case, determine whether you have a viable claim, and investigate all possible avenues for compensation.

Medical malpractice laws and damage caps vary widely by state, so it’s critical to hire a lawyer who’s familiar with the laws in the jurisdiction where the harmful acts took place. In some states, there are patient compensation funds or excess recovery funds that may be utilized by patients seeking compensation for medical injuries.

Our malpractice lawyers in West Chester, PA are well-versed in handling cases involving physicians and other healthcare professionals who cause deliberate injuries or death. You can trust our compassionate team to fight for your rights and help you hold responsible parties accountable for their actions.

This blog was originally posted on https://pa4law.com/when-a-doctor-deliberately-causes-medical-injuries/

Read More

How a Breast Cancer Misdiagnosis Led to an Unnecessary Double Mastectomy

Receiving news of a cancer diagnosis is distressing. Darrie Eason, a single mother from Long Island, NY was diagnosed with an invasive form of breast cancer in 2006. After having a double mastectomy, she found out she never had cancer at all. The lab that handled her biopsy was responsible for this error, and she retained a medical malpractice attorney who helped her recover compensation for this devastating medical mistake.

Misdiagnosis After a Second Opinion

Before undergoing treatment, Darrie consulted another physician for a second opinion and was again misdiagnosed with cancer. Unfortunately, this doctor used the information from the same mislabeled biopsy sample, which belonged to another woman.  After receiving the second opinion, she opted to have both breasts removed and underwent the first phase of reconstructive surgery.

The next step was chemotherapy. However, before she started this phase of treatment, the surgeon who had sent the removed breast tissue to the lab contacted her with shocking news: she didn’t have cancer. When asked how she felt when she found out her breasts were removed for no reason, she simply said, “You can’t even explain it.” This development also meant that the woman whose sample had been switched had globular breast cancer and had been misdiagnosed as being cancer-free.

How Did This Happen?

The New York State Department of Health investigated the lab that handled her biopsy samples, CBL Path medical laboratory. Its report stated that the likely source of the error was not a system breakdown but the lab technician engaging in a practice called batching. This process involves handling more than one tissue sample at a time. However, Steven Pegalis, Darrie’s medical malpractice attorney, wasn’t convinced. He found it hard to believe that it was a one-time event that occurred because of an individual’s carelessness.

Another issue this tragedy brought to light is the importance of patients asking for an additional lab report on tissue samples when seeking a second opinion. It also shows that medical labs evaluating tissue samples should always handle them one at a time and double- or triple-check the patient’s identifying information.

Darrie’s Medical Malpractice Claim

The best medical malpractice lawyers in Pennsylvania know that these types of cases can be notoriously difficult to win, so it’s critical to take the time to thoroughly investigate what happened and who may be liable.

Darrie’s lawyer waited a year to file a medical malpractice suit against the lab that processed her tissue sample. They wanted to make sure they brought a claim against the right parties, as the physicians and surgeons who treated her did so in good faith based and were unaware that the results were flawed. There was some conflict between CBL Path and their insurer about settling the claim without litigation, however, they ended up reaching a settlement agreement without going to trial. Although Darrie recovered monetary compensation, her life has been forever changed.

If you or a loved one has suffered injuries or losses due to a medical error, you don’t have to go it alone. Our experienced, compassionate medical malpractice lawyers in Delaware County, PA can evaluate your case and advise you of your options.

This blog was originally posted on https://pa4law.com/how-a-breast-cancer-misdiagnosis-led-to-an-unnecessary-double-mastectomy/

Read More

How a Sexual Assault Case Can Affect Your Professional Life

Being accused of a sex crime can have a negative impact on all aspects of your life, including your career. If you are convicted, the social stigma of having a criminal record and being branded a sex offender has far-reaching consequences that can affect your family, relationships, reputation, and quality of life. If you are facing sexual assault charges, hiring an experienced criminal defense attorney to mount a solid defense and limit the impact on your employment/profession is critical.

Termination of Employment

Sexual assault charges may prompt your employer to suspend or terminate your employment. Although there are laws that prohibit discrimination on the basis of race, gender, religion and other factors, Pennsylvania is an “at-will” employment state. This means that an employer can fire an employee at any time for any reason, unless it is illegal, such as discrimination as defined by the law.

Many employers have specific procedures and policies for dealing with different circumstances, including criminal charges and convictions. You and your sex crimes lawyer should carefully review the conditions of your employment and any contractual agreements you may have with your employer.

If your sexual assault case prevents you from completing your assigned duties and responsibilities, one possible solution is for your employer to suspend you without pay or grant leave until your legal matters are settled. Unfortunately, a conviction for a sex crime will most likely result in termination.

There are different levels of sex crimes in PA. If you have a positive, longstanding relationship with your employer, it might be advantageous to have an honest talk about it and try to work something out that enables you to keep your job.

Revocation of Professional Licenses

A sexual assault conviction may also result in the revocation of your professional or occupational license and prohibit you from obtaining one in the future. This does not just apply to sex crimes – a drug conviction or DUI can also impact professional licensure.  Some common professions that may be affected due to a criminal conviction include:

• Health care providers such as doctors, nurses, dentists, and pharmacists

• Teachers

• Child care providers

• Attorneys 

• Law enforcement officers

• Firefighters

• EMTs

• Truck drivers

• Social workers

• Massage therapists

• Other professionals

Employment Disqualification

The long-term repercussions of a sexual assault case or other criminal conviction can present a serious obstacle to finding employment. Even something that may seem minor, like violating a protection from abuse order, may show up in a criminal background check. Moreover, if you are convicted of a sex crime, you will likely be required to register as a sex offender for at least 10 years or more.

Our experienced criminal defense attorneys fight to protect your rights and advise you of the best course of action to preserve your reputation, freedom, and professional standing.

This blog was originally posted on https://pa4law.com/how-a-sexual-assault-case-can-affect-your-professional-life/

Read More

Neurosurgery Malpractice: When Surgeons Operate on the Wrong Area of the Brain

Any surgery carries some degree of risk, but when a procedure involving the brain goes awry, the physical, emotional, and financial fallout can be devastating. In 2013, Regina Turner, a 53-year-old St. Louis woman who was supposed to undergo a left-sided craniotomy bypass, was permanently injured due to surgery being performed on the wrong side of her brain.  Although she and her family hired good medical malpractice lawyers who helped her recover compensation for damages, Ms. Turner’s life was irrevocably changed. 

Regina’s Story

Before surgery, Ms. Turner had suffered a series of mini-strokes over several years. The purpose of the left-sided craniotomy bypass was to prevent future strokes, but the medical error resulted in her requiring round-the-clock care. Unable to walk, she had to use a wheelchair, and her speech became garbled. Although a second surgery was performed six days later on the correct side of her brain, the damage was already done. Photos of Regina before her first surgery show an indelible marking on the left side of her head. After the procedure, another picture shows a bandage on the right side of her head. Unfortunately, no one in the operating room noticed that they were working on the wrong side. 

How Did This Happen?

There are different reasons why wrong-side craniotomies are performed. Reversed X-rays, procedural errors, and a surgeon failing to review a patient’s medical records are just a few factors that can come into play. Wrong-site surgeries are considered sentinel events, which are the worst kinds of medical errors. It’s hard to believe, but a  2007 study found that one out of four neurosurgeons has performed wrong-site surgeries.

Holding Responsible Parties Accountable for Wrong-Side Craniotomy

In this type of situation, the best medical malpractice lawyers in Pennsylvania recommend finding a personal injury lawyer with experience handling wrong-site surgery cases. Ms. Turner and her family hired attorney Alvin Wolff, who filed a medical malpractice suit against Dr. Armond Levy, the neurosurgeon who performed the bungled operation, and SSM Health Care St. Louis. 

The lawsuit was settled out of court. The details of the settlement were undisclosed. Although some may consider this justice, no amount of money can change what happened to Regina and how the medical error affected her life. Mr. Wolff also filed a complaint with the Missouri Board of Registration for the Healing Arts. They declined to take action against Dr. Levy, but a record of the investigation remains on file. If the state of Missouri wouldn’t hold him accountable, at least Regina and her family found some kind of recourse by filling a medical malpractice lawsuit and recovering a settlement. 

If you or someone you love has been affected by wrong-site surgery, you don’t have to go it alone. Our malpractice lawyers in West Chester, PA are here for you. Our legal team includes some of the best medical malpractice attorneys in Chester County. Our personal injury attorneys and malpractice lawyers also serve clients in Delaware County and other counties.

This blog was originally posted on https://pa4law.com/neurosurgery-malpractice-when-surgeons-operate-on-the-wrong-area-of-the-brain/

Read More

Thinking of Hiring a Domestic Violence Lawyer? Here’s Why You Should

Domestic violence can have a devastating impact on families and individuals. Whether you are facing charges of domestic abuse or you’re a victim who is seeking a protection from abuse order (PFA), it’s important to seek the counsel of a seasoned attorney to ensure your rights are protected.

Why You Need a Lawyer if You’re a Victim of Domestic Violence

Leaving an abusive relationship takes a lot of strength, especially if you have to face your abuser in court. Your domestic violence lawyer provides the support you need to stay strong and get through it. Your attorney can also help you understand your rights under the law. Some issues that your attorney can assist you with include:

• Navigating legal issues and processes 

• Filing a PFA

• Gathering evidence of abuse

• Filing for divorce

• Obtaining child custody and support

Good divorce lawyers know how terrifying and stressful it can be when you or someone you love is a victim of domestic abuse. Your attorney acts as your advocate and creates a buffer between you, your abuser, and the court system. This can give you peace of mind and help take some of the weight off your shoulders so you can focus on healing and beginning the next phase of your life.

If You are Accused of Domestic Violence, Hiring a Defense Lawyer is Essential

Being accused of domestic violence can turn your world upside down.  Domestic violence charges come with serious penalties and can destroy your reputation, keep you from being able to see your children, and even affect your ability to earn a living and find housing. If someone has filed a PFA against you or you face domestic abuse charges, don’t wait to hire a criminal defense attorney.

A lawyer will investigate your case, gather evidence, and review from the state’s evidence to build a solid defense on your behalf. If domestic violence charges have impacted access to your kids, a domestic violence attorney can also help protect your rights as a parent.

It’s also important to keep in mind that a conviction for a domestic violence-related crime can result in hefty fines and a significant amount of prison time. Depending on the circumstances, your criminal defense lawyer may be able to negotiate with prosecutors to have charges reduced or dismissed.

Your lawyer can explore all possible defenses for domestic violence charges. The attorney may find proof of false allegations or uncover investigative or procedural errors that impact the validity of the charges brought against you. If your case goes to trial, having an attorney who is well-versed in handling domestic violence cases can increase the chances of a positive outcome for your case.

Do you need assistance with a domestic violence case? Our experienced family law attorneys and defense lawyers provide the exceptional legal representation you can trust.

This blog was originally posted on https://pa4law.com/thinking-of-hiring-a-domestic-violence-lawyer-heres-why-you-should/

Read More

What to Expect if Your DUI Case Goes to Trial: A DUI Attorney Explains

Navigating the courts in Pennsylvania can be daunting. One of the most stressful aspects of fighting a DUI is having your case go to trial, especially if you have never been charged with a crime before. Having an experienced DUI defense attorney by your side can help you understand the process and ensure your rights are protected.

The Preliminary Hearing

After a DUI arrest in Pennsylvania,  you will first attend a preliminary hearing. The arresting officer presents your case to a local District Court judge who decides whether there is enough evidence to move forward with your case. Quite often, a knowledgeable criminal defense attorney can have your case dismissed at this early stage.

Arraignment

If the case moves forward, the arraignment is a proceeding where the charges against you are read, and you will be asked to enter a plea of guilty or not guilty. If you are still in custody, your arraignment must occur within 72 hours. If you were released or posted bail, your preliminary hearing is held at a later date, usually within 30 to 60 days from the date of your arrest.

Regardless of whether you are arraigned right away or at a later date, it is critical to consult with criminal defense lawyers as soon as possible. Having an attorney act as your advocate at your preliminary hearing and arraignment may result in having charges reduced or dismissed, which rarely happens if you are unrepresented.

What to Expect at Trial

Jury Selection and Opening Statements

Unless you waive the right to a jury trial,  both your defense attorney and the prosecution will question and select jurors. Opening statements are then given by both the prosecution and defense. A convincing opening statement can set the tone for the trial and help win-over the jury from the beginning—that is why it is essential to hire a seasoned DUI attorney who is well-versed in taking cases to trial.

Evidence and Witness Testimony

After opening statements, the prosecution presents the evidence against you. Both the prosecution and your defense attorney will have opportunities to call witnesses to the stand to support their claims. For example, the prosecution typically calls the police officer who arrested you for DUI. Both the prosecution and your DUI attorney may ask each witness questions (examination and cross-examination). An experienced defense attorney will know exactly what questions to ask.

You will likely be called to testify by the prosecution. Although you are not required to testify, your testimony could be one of the most influential elements of your DUI trial. Make sure to answer all questions honestly and keep your cool to make a good impression on the jury. Your DUI lawyer will help you prepare before trial so you have an idea of what to expect and how you should answer any questions you are asked.

After the evidence has been presented and witnesses have offered testimony, each side will make closing statements to the court. A good DUI lawyer knows how to put it all together to create a strong closing argument on your behalf.

Jury Decision and Sentencing

The jury then reviews all evidence and testimony and deliberates until they come up with a decision – guilty or not guilty.  If the verdict is not guilty, you will be free to go. If you are found guilty, a judge will determine your sentence and explain the criminal penalties to you. You may ask the Court for a pre-sentence report after a conviction or plea, which postpones sentencing for up to 90 days. If you waive your right to the pre-sentence report, the judge may impose the sentence immediately.

Plea Bargains and ARD

In reality, few Pennsylvania DUI cases go to trial. Sometimes a plea bargain may be in your best interest. This means that the district attorney will reduce the charges and/or penalties in exchange for a guilty plea.  If it is your first DUI and you were not accused of causing serious injury or death, you may be eligible for Accelerated Rehabilitative Disposition (ARD). If you successfully complete this program, charges will be dismissed and your record may be expunged.  Your DUI attorney or drug crime lawyer can advise you whether a plea agreement or ARD is your best course of action,  or whether you should take your case to trial.

Do you need assistance with a DUI case or another legal matter? Our Pennsylvania criminal defense attorneys, car crash injury lawyers, and DUI attorneys can help.

This blog was originally posted on https://pa4law.com/what-to-expect-if-your-dui-case-goes-to-trial-a-dui-attorney-explains/

Read More

5 Common HIPAA Violations and How to Prevent Them

The Health Insurance Portability and Accountability Act of 1996 (HIPAA) keeps health care providers and institutions accountable for properly protecting, storing, and sharing patient information. Technology has changed the way records are kept which has created new issues to be addressed when it comes to protecting patient information. Our medical malpractice lawyers in Chester County, PA share some of the most common HIPAA violations and what recourse you may have if your privacy rights are violated.

Unsecured Records

In the past, paper records allowed physicians, hospitals, and other health care providers to keep records secure by locking them in secure areas with limited access. Today, most records are stored digitally which requires different types and levels of security. Passwords can be hacked, so it’s vital for records to be properly encrypted.

Hackers who are able to access sensitive patient information such as social security numbers can use it for crimes like identity theft which can have a serious impact on your finances and credit. If a hack or data breach has had a negative impact on your life, malpractice lawyers in West Chester PA help you hold responsible parties accountable for failing to keep your information safe.   

Employee Errors

Employees of health care providers and institutions should be well trained in HIPAA laws and the procedures required to keep patient information secure. Improper handling of phishing emails, disposing of records in an unsecure manner, and talking about patient cases with others are three major problems when it comes to employee mishandling of sensitive data.

These types of HIPAA violations are easily preventable with thorough training and monitoring of processes and employee performance. It’s imperative that health care professionals and organizations thoroughly train employees and enforce proper adherence to privacy laws and regulations.

Lost Devices

Another issue that has become a real problem is health care workers and providers losing devices like laptops, tablets, and smartphones. Outlining and informing employees of explicit policies and restrictions on whether devices can be taken from the premises and how they should be stored are critical in protecting patients’ rights. 

Impermissible Disclosure of Protected Health Information

Some other forms you may see at your doctor’s office, clinic or hospital are authorization forms for release of information to other health care providers and family members. These prevent your information from being released to other parties. If there are specific people or institutions you want to prohibit from accessing your records, make sure to inform your health care providers of this in writing.

Limited or Restricted Access to Your Own Records

Failure to provide medical records to patients in a timely manner is also a HIPAA violation. The Department of Health and Human Services (HHS) has been working to change certain rules to make protected health information more easily accessible to patients and their preferred health care providers. In 2022, they may ease certain administrative requirements and remove provisions of the HIPAA Privacy Rule that help simplify coordination of care and make records more accessible to patients.

What You Can Do to Protect Your Interests

Although it may seem tedious and time consuming, it’s important to read any health care provider’s HIPAA privacy policy and address any concerns about how your information is protected. If you are a victim of HIPAA privacy rights violations, a good medical malpractice lawyer can help you understand your rights.

Our experienced legal team features some of the best medical malpractice lawyers in Pennsylvania. We provide a thorough assessment of your case and advise you of your options for holding providers accountable.

This blog was originally posted on https://pa4law.com/5-common-hipaa-violations-and-how-to-prevent-them/

Read More