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Tully, NY 13159-0430
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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.

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.

$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.

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.

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.

$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

$2.5M Settlement in Tufts Medical Malpractice Lawsuit

Posted on February 3rd, 2011 No Comments

A $2.5 million settlement has been reached in a medical malpractice lawsuit filed in Boston on behalf of a four year-old girl who died last year of a prescription drug overdose.

Lawyers for the estate of Rebecca Riley announced last week that they have settled their medical malpractice lawsuit against the girl’s psychiatrist, Dr. Kayoko Kifuji of Tufts Medical Center. The $2.5 million settlement will be distributed between Riley’s two siblings, now 15 and 10. Riley’s parents, Carolyn and Michael Riley, were convicted last year, in separate trials, of murdering their daughter through their reckless dispensing of the drugs used to treat her attention deficit hyperactivity disorder and bipolar illness.

Attorneys for Riley’s estate, Andrew Meyer and Benjamin Novotny, said the settlement did not contain an admission of wrongdoing on the part of Kifuji, but, Meyer added, the decision to settle for $2.5 million, the maximum paid out by Kifunji’s insurance policy, suggests culpability.

To discuss filing a medical malpractice lawsuit, contact an experienced Philadelphia medical malpractice attorney of Lowenthal & Abrams, P.C. at 215-238-1130 today.

TX Woman Claims Sponge Left in Abdomen During C-Section

Posted on January 26th, 2011 No Comments

A woman in Texas has filed a lawsuit against an obstetrician-gynecologist claiming she left a foreign object inside her abdomen during a Caesarean section six years ago.

According to the lawsuit, filed January 18 in Galveston County District Court, Phaedra R. Mills claims Dr. Janice R. Crowder failed to remove all surgical sponges prior to closing her abdomen during an operation. Mills says Crowder performed a Caesarean section on November 3, 2004 without any assistance, which reportedly and ultimately caused Mills to suffer a possible hernia.

In January 2010, Mills sought medical attention for alleged problems with her abdomen and pelvis. The petition says Mills learned that the lower left quadrant of her abdomen contained a lap sponge marker which had to be surgically removed.

The lawsuit accuses Crowder of neglecting to disclose that “the treatment involved risks and hazards that would have influenced a reasonable person in making a decision to give or withhold consent. The lawsuit also claims both Crowder and Texas City’s Mainland Medical Center of unilaterally severing the doctor-patient relationship “without reasonable notice to the plaintiff and without providing adequate alternate medical care for the plaintiff, while the plaintiff was in need of continued care and medication.”

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

Treatment mistakes occur in 1 in 7 Medicare patients

Posted on November 29th, 2010 No Comments

Earlier this month, the U.S. Department of Health & Human Services released a report stating that treatment mistakes occur in 1 in 7 hospitalized Medicare patients.  According to the report, the most common causes of the mistakes are incorrect medications, excessive post-surgical bleeding and urinary tract infections from catheters.

“While hospitals have made great strides in improving patient care, the report highlights that there is more we can do,” stated President and CEO of the American Hospital Association Rich Umbdenstock.

Medical researchers estimate that the treatment mistakes affecting hospitalized Medicare patients result in 180,000 patient deaths a year.  Officials suggest that to reduce the risk of suffering from a treatment mistake, always bring someone to the hospital with you, know what medications you are taking and be cautious of catheters.

To discuss filing a medical malpractice lawsuit, contact the experienced Philadelphia medical malpractice lawyers of Lowenthal & Abrams, P.C. at 215-238-1130 today.

PA Gov. announces decrease in medical malpractice

Posted on October 11th, 2010 No Comments

Pennsylvania Governor Ed Rendell announced last week that since 2003 the state of Pennsylvania has seen a 61 percent decrease in medical malpractice claims and payouts.  Furthermore he stated, “The number of catastrophic malpractice cases being filed for more than half a million dollars in damages has been cut in half in the past eight years”.

In 2003, 700 medical malpractice claims received $378 million in payouts.  This year, there have been 329 claims receiving $146 million in payouts.  In addition, the Governor noted that this year 38,000 doctors in Pennsylvania filed for medical malpractice insurance compared to the 32,000 in 2003.  The increased number of doctors purchasing medical malpractice insurance indicates an ease in doctor shortages.

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

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