Tag: C-Section

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.

The “Black Box” Defense

In the near future, a defense strategy is likely to emerge in courtrooms across Pennsylvania and the United States: The “Black Box” Defense. The scenario is straightforward, but the legal implications are not. As Artificial Intelligence becomes entrenched in our healthcare systems, this tension between clinical judgment and algorithmic reliance is set to become one of the most contested battlegrounds in medical malpractice law.

Case Study: Emergency Room Error Causing Bowel Perforation

In the realm of medical malpractice, few cases illustrate the fragility of health and the catastrophic impact of a single decision like the case of “Eleanor.” An 80-year-old widow residing in Erie, Pennsylvania, Eleanor was the picture of vitality and independence—until a trip to the emergency room for severe constipation turned into a life-threatening nightmare.

Categories

What can we help you find?

Generic selectors
Exact matches only
Search in title
Search in content
Post Type Selectors