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Case Study: Preventable Amputation

In the high-stakes world of vascular surgery, time is tissue. When blood flow is cut off to a limb, a clock starts ticking. If a surgeon acts within that window, a leg can be saved. If they choose to “wait and see,” the result is often catastrophic. This is the story of a proud Vietnam veteran from a suburb south of Pittsburgh, whose routine knee surgery turned into a nightmare due to a vascular surgeon’s refusal to come to the hospital during a critical emergency.

Brown v. Medical Faculty Associates

In the high-stakes case of Brown v. Medical Faculty Associates, attorneys Katie Bertram and Kieran Murphy of Bertram & Murphy secured an exceptional $25 million verdict for a client whose cancer diagnosis was delayed by three years. By the time the correct diagnosis was made, the cancer had metastasized, transforming a potentially curable condition into a terminal one.

Rickard v. Vogel Holdings

Attorneys Eric Chaffin and Justin Joseph of Chaffin Luhana secured a $130,000 verdict for a client injured by a garbage truck. While the defense admitted liability shortly before trial, the case became a hard-fought battle over the extent of the plaintiff’s injuries and his credibility. Brendan Lupetin discussed the case with the victim’s attorneys on Just Verdicts podcast episode 49.

Case Study: Failure To Monitor During Childbirth

For any expectant couple, the birth of a first child is a moment of unparalleled anticipation. It is the culmination of months of preparation, dreams, and the careful stewardship of a new life. For “Sarah” and “Michael,” a young couple from the Pittsburgh area, the pregnancy had been textbook perfect. However, what should have been the happiest day of their lives turned into a harrowing ordeal that would forever alter the trajectory of their family.

Medical Mistakes vs. Complications: Understanding The Difference

The difference between a “bad result” and a medical mistake lies in the Standard of Care. A bad result is often a known risk or complication that occurred despite the doctor doing everything correctly. A medical mistake (negligence) occurs when a healthcare provider deviates from accepted medical standards, causing a preventable injury or death.

Signed Consent Forms: What Do They Mean?

When you sign a consent form prior to a surgical procedure, it is an acknowledgment of risk, not a permission slip for negligence. In Pennsylvania, you cannot sign away your right to be treated with the proper Standard of Care. If the injury was caused by a preventable medical error, that signature does not stop you from filing a malpractice lawsuit.

When Malpractice Happens In Another State

If you are suffered an injury due to medical malpractice in Pennsylvania, and moved to another state after the incident occured, you must file the lawsuit in Pennsylvania. Thanks to modern technology, meetings and depositions can typically be handled remotely. Be sure you understand how PA laws apply to your case.

Understanding the Minor’s Tolling Statute

Although the time limit for a child’s medical malpractice claim does not start until they turn 18, the “Parents’ Claim” generally has a strict 2-year deadline from the date of the injury. If you wait until the child is older, you may be permanently barred from recovering the millions of dollars spent on their NICU care, surgeries, and therapy during childhood.

Suing for Medical Malpractice at UPMC or AHN Facilities

There is a common misconception that non-profit organizations like UPMC and AHN can’t be sued in cases of medical malpractice. This is generally false for the major hospitals, as they are legally separate from the state. They cannot hide behind “governmental immunity” to avoid paying for catastrophic mistakes.

Suing For Negligence When The Patient Is Partially At Fault

Patients often assume that they can’t sue for malpractice if they didn’t follow the doctor’s recovery instructions to the letter. A legal rule called Modified Comparative Negligence states that as long as the doctor or hospital is at least 50% responsible for your injury, you can recover damages.

Artificial Intelligence and the “New Standard of Care”

For decades, the “Standard of Care” in medicine has been defined by what a reasonably competent physician would do in similar circumstances. Historically, this standard protected doctors who followed the pack. If most doctors weren’t using a specific technology, you generally couldn’t be sued for not using it either. But we are approaching a legal tipping point.

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