Phillips, Phillips & Smith-Delach, PCIf you need a skilled personal injury lawyer in Washington, call Phillips, Phillips, & Smith-Delach, at 724-225-9933 to schedule a free consultation.2021-03-18T13:27:24Zhttps://pflo.com/feed/atom/WordPresshttps://pflo.com/wp-content/uploads/2021/03/cropped-nav-medi-1-32x32.pngOn behalf of Phillips, Phillips & Smith-Delach, P.C.https://pflo.comhttp://www.pflo.nmsweblab.in/?p=7832021-03-11T18:06:05Z2018-04-20T18:02:35ZIf you sustained an injury because a Pennsylvania doctor or other health care provider acted negligently or irresponsibly, you can recover monetary damages from him or her and the facility for whom (s)he works. Medical malpractice lawsuits, however, are complicated and must proceed according to Pennsylvania law. As FindLaw explains, Pennsylvania’s Medical Care Availability and Reduction […]
]]>If you sustained an injury because a Pennsylvania doctor or other health care provider acted negligently or irresponsibly, you can recover monetary damages from him or her and the facility for whom (s)he works. Medical malpractice lawsuits, however, are complicated and must proceed according to Pennsylvania law.
As FindLaw explains, Pennsylvania’s Medical Care Availability and Reduction of Error Act contains a number of rules regarding the responsibilities of health care professionals and patient safety. It also sets out rules for injured plaintiffs and the lawsuits they file.
Statute of repose
Per Pennsylvania’s statute of repose, you must file suit within two years of your injury or the date on which you discovered it. MCARE, however, contains an additional provision. Assuming your injury occurred after March 2002, you must file suit within seven years of your actual injury date, regardless of when you discovered it.
There are two exceptions to this rule. The first is if your injury is due to a foreign object left inside your body during surgery that you could not possibly have known about until much later. The second is if you are filing suit on behalf of your injured minor child.
Expert witnesses
You undoubtedly will have to rely on medical experts to testify on your behalf when your medical malpractice lawsuit goes to trial. To qualify as an expert witness, however, any witness your attorney calls to the stand must have a valid license to practice medicine in Pennsylvania, another state or the District of Columbia. In addition (s)he must be actively practicing or teaching medicine or retired therefrom during the past five years.
If your witness will be testifying about the requisite standard of care that your defendant physician allegedly breached, (s)he must not only be familiar with this specific care standard, but also must practice within the same specialty or sub-specialty area as your defendant physician. In addition, if your defendant is board certified in his or her specialty area, your expert witness must likewise be so certified.
Collateral source rule
Prior to the passage of MCARE, you could recover your past medical expenses and lost wages in a medical malpractice lawsuit even if they were already paid by an insurance company or another third party. MCARE changed all that. Now you can recover only those damages for which you have not received payment prior to trial. Again, there are exceptions to this rule. The following types of benefits are exempt:
Life insurance proceeds
Social Security benefits
Department of Public Welfare benefits
Other public benefits provided by federal statute
This is general information only and not intended to provide legal advice.
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0On behalf of Phillips, Phillips & Smith-Delach, P.C.https://pflo.comhttp://www.pflo.nmsweblab.in/?p=9862021-03-18T13:07:21Z2017-12-15T13:06:11ZPennsylvanian residents who were involved in an accident resulting in trauma to the head could experience cerebral edema. Also known as brain swelling, cerebral edema can cause the sufferer many painful and alarming side-effects. If left untreated, it can even result in permanent injury or death. As WebMD states, many of the symptoms of cerebral edema are […]
]]>Pennsylvanian residents who were involved in an accident resulting in trauma to the head could experience cerebral edema. Also known as brain swelling, cerebral edema can cause the sufferer many painful and alarming side-effects. If left untreated, it can even result in permanent injury or death.
As WebMD states, many of the symptoms of cerebral edema are the same as concussive symptoms, because a concussion will usually also result in brain swelling. The signs include:
Memory loss
Behavioral changes
Difficulty moving or speaking
Dizziness, nausea or vomiting
Headache or neck pains
Confusion or stupor
The intensity of the symptoms will depend directly on the amount of swelling occurring in the brain. The location of the swelling will also determine what’s impacted. If brain swelling begins to worsen over time, then the symptoms will also grow more severe. For example, someone with mild swelling may just experience confusion and exhaustion. If someone has severe swelling, they could progress to unconsciousness, vomiting, or seizures.
LiveStrong also points out that there are long-term symptoms associated with brain swelling, typically as a result of parts of the brain going too long without oxygen. They can last for months or years, or may even be permanent in some cases. Typical signs include poor memory, depression or anxiety, and difficulty thinking or concentrating. A sufferer may experience physical problems as well, like trouble sleeping, dizziness, or fatigue.
If a person is experiencing early signs of brain swelling, it’s important to get treatment as quickly as possible. If the swelling gets too bad, permanent damage can be done before the doctors are able to help.
]]>0On behalf of Phillips, Phillips & Smith-Delach, P.C.https://pflo.comhttp://www.pflo.nmsweblab.in/?p=9842021-03-18T13:04:49Z2017-03-23T13:02:52ZSeveral of those that we here at Phillips, Phillips, and Smith-Delach, LLC have worked with in the past in Pittsburgh describe those minutes after their loved ones have experienced brain injuries to be incredibly traumatic. You likely know what they mean if you have been through such an experience yourself. You may witness healthcare professionals […]
]]>Several of those that we here at Phillips, Phillips, and Smith-Delach, LLC have worked with in the past in Pittsburgh describe those minutes after their loved ones have experienced brain injuries to be incredibly traumatic. You likely know what they mean if you have been through such an experience yourself. You may witness healthcare professionals administering treatment and using jargon that is difficult to understand. This may include seemingly random numbers, which are in fact scores detailing your family member or friend’s level of consciousness. Understanding this scoring system may help you know to what extent he or she is injured, and to what degree he or she may recover.
The scoring system used to describe traumatic brain injuries in known as the Glasgow Coma Scale. According to the website BrainLine.org, it measures your loved one’s various methods of response to stimuli on the following scales:
Eye opening: 1-4
Verbal response: 1-5
Motor response: 1-6
Higher scores in each category indicate a more normal level of response. Together, the scores from each category are accumulated to come up with a final GCS.
Glasgow Come Scale scores between 13-15 indicate a mild brain injury. Your family member or friend may experience temporary neurological deficits following such an injury, or even permanent symptoms in rare cases. In such an event, his or her recovery prognosis may be good.
Moderate brain injuries are indicated with a GCS between 9-12, while a GCS between 3-8 indicates a severe brain injury. The exact extent of damage your loved one may have suffered may not be known until confirmatory tests have taken place, but it may be reasonably assumed that he or she could end up suffering long-term physical, emotional or cognitive impairments.
]]>0On behalf of Phillips, Phillips & Smith-Delach, P.C.https://pflo.comhttp://www.pflo.nmsweblab.in/?p=10082021-03-18T13:27:24Z2017-03-09T13:24:00ZFor people living in Pennsylvania, certain times of the year bring about an increased risk of contracting Lyme disease. While this condition can usually be treated effectively if caught early, it is commonly misdiagnosed by doctors due to its similarity to many different ailments. Failure to properly treat Lyme disease can lead to a host […]
]]>For people living in Pennsylvania, certain times of the year bring about an increased risk of contracting Lyme disease. While this condition can usually be treated effectively if caught early, it is commonly misdiagnosed by doctors due to its similarity to many different ailments. Failure to properly treat Lyme disease can lead to a host of serious complications, which can greatly impact the life of the sufferer.
According to WebMD.com, it can be extremely difficult to test for Lyme disease. In some cases a person may actually be infected with the illness but testing will come back negative. It’s also possible for a person who was infected by Lyme disease bacteria in the past to test positive for the illness even though they have no symptoms or complications.
There are also other health conditions that closely mimic the symptoms of Lyme disease, and to this end doctors may issue a diagnosis of Lyme disease when that is not actually the case. This is particularly true when it comes to conditions like multiple sclerosis, fibromyalgia and arthritis. Sufferers of chronic Lyme disease are most at risk of misdiagnosis, as their symptoms closely mirror those of many other chronic illnesses.
While diagnosis can be challenging, knowing the symptoms commonly associated with Lyme disease is the first step to getting proper treatment. The Centers for Disease Control and Prevention state that symptoms can vary depending on whether it’s early or late in the infection. Early on in the infection sufferers will most likely experience symptoms similar to flu, such as aches in the joints and muscles, fever with chills and swelling of the lymph nodes. Later symptoms often present a few days or even months after the initial bite, and entail drooping muscle tone in the face (also known as facial palsy), shortness of breath, numbness in the hands or feet and neck stiffness.
]]>0On behalf of Phillips, Phillips & Smith-Delach, P.C.https://pflo.comhttp://www.pflo.nmsweblab.in/?p=9782021-03-18T13:02:28Z2016-01-08T13:00:04ZWhen it comes to getting medical care, there are some very important points that must be considered. One of these is whether a doctor-patient relationship has been established. The existence of a doctor-patient relationship is one of the elements necessary for a person to file a medical malpractice lawsuit. What is the doctor-patient relationship? The […]
]]>When it comes to getting medical care, there are some very important points that must be considered. One of these is whether a doctor-patient relationship has been established. The existence of a doctor-patient relationship is one of the elements necessary for a person to file a medical malpractice lawsuit.
What is the doctor-patient relationship?
The doctor-patient relationship is established when a doctor agrees to care for a patient. The relationship means that the doctor has a duty to treat the patient to the best of his or her ability. Without the establishment of the doctor-patient relationship, a doctor can’t be held liable for the outcome of a person’s medical condition. For example, a doctor would have to treat a patient who has a stroke during an appointment at his practice. That same doctor wouldn’t have to render aid to a person who is having a stroke at a retail outlet where the doctor just happens to be shopping.
What type of care is required once the doctor-patient relationship is established?
Doctors have to provide medical care that meets the current standards of care. The standard of care isn’t one that is the same from one instance to another. Standard of care is based on what a competent physician of the same skill level with the same resources would do in a comparable situation. This means that a doctor at a small, rural practice wouldn’t be held to the same standard of care as a prominent specialist at a large, state-of-the-art hospital.
If you have been injured by a medical professional, the doctor-patient relationship and the standard of care are important components of a medical malpractice case. Learning how these concepts apply to your case can help you to decide how to handle your complaints.