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New York, NY 10004
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Upstate New York Office:

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397 route 281
P.O. Box 430
Tully, NY 13159-0430
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Officials reopen NPDB, some changes

Posted on December 5th, 2011 No Comments

Officials with the U.S. Health Resources and Services Administration recently reopened the National Practitioner Data Bank.  The database of medical malpractice claims and cases was closed to the public in September while new restrictions were put in place.

The public is able to download the database, but now viewers must agree to not identify any entity or medical professional listed in the bank and to make any changes to the file upon request.

Certain healthcare entities like hospitals and licensing boards are able to view the NPDB with identities included.

The changes were made after a journalist was able to connect data from the database to court records and other documents and identify a surgeon involved in a medical malpractice case.

To speak with an experienced attorney about filing a medical malpractice claim, contact the Philadelphia medical malpractice lawyers of Lowenthal & Abrams, P.C. by calling 215-238-1130 today.

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Hospital criticized for confidentiality clause in lawsuits

Posted on July 25th, 2011 No Comments

Recently, University of Iowa Hospitals and Clinics has attracted criticism for a confidentiality clause that is included in many of their medical malpractice settlements.

The clause was brought to attention by District Judge Eliza Ovrom, who initially refused to approve a settlement between the hospital and a patient because the clause contradicts the beliefs of Iowa legislators.  Ovrom later approved the settlement but declared the details of the settlement public record in Iowa stating, “the confidentiality provision does not apply to the state of Iowa”.

The lawsuit stated that the plaintiffs should not release “any of the terms of the settlement of this lawsuit, including but not limited to the amount being paid”.  Critics argue that confidentiality clauses like the ones often used by UIHC are created to protect the hospital and staff from negative publicity, while denying the public the truth.

If you or someone you love has been the victim of hospital negligence, contact the Philadelphia hospital negligence lawyers of Lowenthal & Abrams, P.C. at 215-238-1130 to learn more about your rights.

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Medical malpractice lawsuits down from a decade ago

Posted on June 1st, 2011 No Comments

Last year, the number of medical malpractice lawsuits naming Pennsylvania doctors and hospitals as defendants were the lowest they have been in a decade.

New medical malpractice legislation took effect in Pennsylvania in 2002.  Since then, malpractice cases in the state have decreased by 45.4 percent.  One component of the new legislation included the requirement of a letter from a medical professional that the lawsuit being filed is not frivolous.

Medical malpractice lawsuits filed in in Philadelphia County decreased by nearly 70 percent over the past 10 years.  Across the state, 1,491 medical malpractice lawsuits were filed in 2010.  1,533 cases were filed in 2009.

If you or someone you love has been the victim of medical malpractice in Philadelphia, contact the Philadelphia medical negligence lawyers of Lowenthal & Abrams, P.C. at 215-238-1130 and set up an appointment to meet with one of our experienced attorneys.

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$4.5 Million Verdict in Misdiagnosed/Mistreated Heart Attack Lawsuit

Posted on April 18th, 2011 No Comments

A jury in California awarded a woman $4.5 million in a medical malpractice lawsuit she brought against a physician who misdiagnosed and mistreated her husband’s heart attack.

According to court documents, a Burbank jury on Wednesday awarded Susanne Whatley-Miller and her two daughters almost $3.5 million in general damages, including pain and suffering, and more than $1 million in economic damages. Susanne’s husband, Thomas Miller, was the director of the Glendale Community Foundation. He died In December 2006 at the age of 51.

The lawsuit was filed against La Canada Flintridge physician Dr. Collin Cooper. According to the complaint, Cooper misdiagnosed Miller’s condition when he came to his office complaining of chest pains. Miller died after Cooper administered a stress test.

If you have lost a loved one as the result of medical malpractice, please contact the Philadelphia medical malpractice attorneys of Lowenthal & Abrams, P.C., by calling 215-238-1130.

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$8.5 Million Settlement in N.J. Medical Malpractice Lawsuit

Posted on April 14th, 2011 No Comments

A family in New Jersey has been awarded a $8.5 million settlement in a medical malpractice lawsuit.

According to court documents, Emily Ordonez filed the medical malpractice lawsuit against Bayonne Medical Center and three healthcare workers. The lawsuit claims Ordonez went to the hospital at 1:30 a.m. on August 14, 2005 with the beginning signs of labor. The mother’s monitor showed the baby’s heart rate drop from 140 beats per minute to 60 beats per minute.

Records show the labor and delivery nurse waited almost a half hour before calling an obstetrician. He waited another 30 minutes before beginning an emergency C-section.

The lawsuit claims time wasted by hospital staff resulted in brain damage to the infant, Jose, who is prone to seizures, unable to see or walk, and must be fed through a straw.

If you need assistance with a birth injury lawsuit, please contact the Philadelphia Medical Malpractice Lawyers of Lowenthal & Abrams, P.C., by calling 215-238-1130.

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WI Supreme Court to Review Medical Malpractice, Improper Treatment Lawsuit

Posted on April 6th, 2011 No Comments

The Wisconsin Supreme Court will review a medical malpractice lawsuit in which a patient claims a doctor did not provide enough information to make an informed decision about treatment.

According to court documents, Thomas Jandre suffered stroke-like symptoms in 2003 and was diagnosed by an emergency room doctor with a mild form of Bell’s palsy. A physical exam did not reveal signs of ischemic stroke, but the doctor did not perform a carotid ultrasound. Eleven days later, Jandre suffered a massive stroke.

Jandre claimed a carotid ultrasound would have revealed blockage of an artery that could have been treated with immediate surgery. The lawsuit claims the doctor failed to disclose information necessary for him to make an informed decision.

An appellate court upheld a $1.85 million jury award in Jandre’s favor. The court concluded that a physician, who does not inform a patient about a test that would rule out a possible condition, violates the Wisconsin law that requires a doctor to help a patient make informed decisions.

If you need assistance with a medical malpractice lawsuit, please contact the Philadelphia Medical Malpractice Lawyers of Lowenthal & Abrams, P.C., at 215-238-1130.

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Medical Malpractice Lawsuit Filed Against MI Nursing Home

Posted on March 30th, 2011 No Comments

A medical malpractice lawsuit has been filed against a Michigan nursing home by the family of a woman who died after falling down a stairway in the facility.

According to court documents, 88 year-old Agnes Strong suffered a broken leg on March 23, 2007 when she fell down a stairway at the Lenawee Medical Care Facility. Strong died on October 3, 2007. On Monday, Lenawee County Circuit Judge Margaret M.S. Noe dismissed a wrongful death claim in the lawsuit, after attorneys for Lenawee Medical Care argued the suit should be narrowed to a medical malpractice claim.

According to the lawsuit, a doctor had ordered a “code alert bracelet” for Strong after she had attempted to leave the facility in the past. A nurse director later authorized removing the bracelet, believing it was no longer needed. Whether that decision was correct is a medical malpractices issue, Noe explained.

Stephanie Arndt, attorney for the Strong family, argued a separate negligence claim should remain against nurse aides. “They forgot Mrs. Strong,” Arndt said. On the day of the accident, nurse aides left Mrs. Strong in her room instead of taking her to dinner, Arndt said, and she wandered to an emergency fire escape in a wheelchair and fell down several steps, fracturing a leg.

If you need assistance with a similar medical malpractice lawsuit, please contact the Philadelphia Nursing Home Neglect Lawyers of Lowenthal & Abrams, P.C., by calling 215-238-1130.

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$2.5M Verdict in Indiana Medical Malpractice, Improper Treatment Lawsuit

Posted on March 22nd, 2011 No Comments

A jury in Indiana has awarded a $2.5 million verdict to a former Terre Haute police officer who claims a doctor failed to diagnose his colon cancer in 2004.

According to the lawsuit, Jeffery W. Davis claims Dr. John Morse, of AP&S Clinic in Terre Haute, failed to perform tests that could have diagnosed his colon cancer. The lawsuit was filed in January 2009 and came to trial in late February 2011. After four days of testimony, the six person jury found in favor of Davis.

“We were pleased,” said Davis’ attorney Jerry Garau. “We thought the jury obviously did the right thing in this case.”

Davis had asked the court for a $3.1 million verdict based on medical expenses, pain and suffering, and decreased life expectancy. The jury awarded the $2.5 million amount, without being informed that Indiana has a cap of $1.25 million on medical malpractice claims.

According to the lawsuit, Davis reported to the doctor at age 35 with rectal bleeding and other gastric complaints. Dr. Morse failed to order a sigmoidoscopy or a colonoscopy to rule out colon cancer.

If you have been the victim of medical malpractice, please contact the Philadelphia Improper Treatment Lawyers of Lowenthal & Abrams, P.C., by calling 215-238-1130

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$2.5M Verdict in Indiana Medical Malpractice Lawsuit

Posted on March 9th, 2011 No Comments

An Indiana jury returned a $2.5 million verdict in a medical malpractice lawsuit filed by a man with stage 4 incurable colon cancer.

According to court documents, 42 year-old Jeffrey Davis claims his doctor failed to order the proper tests to rule out colon cancer when he was 35. Davis says his doctor at UAP Clinic in Terra Haute failed to diagnose the colon cancer when presented with rectal bleeding and other gastric complaints.

The jury’s verdict was $2.5 million. Davis had requested $3.1 million, but the state of Indiana caps medical malpractice awards at a total of $1.25 million.

The jury deliberated for six hours after listening to four days of testimony in the trial.

If you have suffered due to a misdiagnosis or improper treatment, please contact a Philadelphia Medical Malpractice Attorney of Lowenthal & Abrams, P.C., by calling 215-238-1130.

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Appeals Court Upholds $7.5M Medical Malpractice Verdict

Posted on March 3rd, 2011 No Comments

A U.S. appeals court on Wednesday upheld a $7.5 million verdict in a medical malpractice lawsuit, in favor of an Air Force spouse who was disabled at a base clinic in Guam.

The 9th Circuit Court of Appeals in California ruled Wednesday that the negligence of Air Force medical staff at the Andersen Air Force Base clinic in 2004 directly resulted in Deborah Rutledge suffering severe nerve damage, losing most sensation below her waist, and becoming permanently incontinent.

The court affirmed a 2008 Guam district court judge’s ruling, saying the $7.5 million verdict was not excessive considering the extent of her injuries, which were caused when clinic staff failed – for several weeks – to diagnose a herniated spinal disc. According to court documents, a nurse and a doctor’s assistant at the clinic failed to do basic medical examinations for numbness, and did not report Rutledge’s case to supervisors.

If you have been a victim of medical malpractice or hospital negligence, please contact a Philadelphia Medical Malpractice Lawyer of Lowenthal & Abrams, P.C., by calling 215-238-1130.

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