Pennsylvania Medical Malpractice Attorney James I. Devine Practice Areas and Legal Definitions
- Medical Malpractice
- Wrongful Death
- Traumatic Brain Injury
- Birth Injury
- Anesthesia Negligence
- Nursing Home Neglect
Medical malpractice is the failure of a health care provider to treat and care for a patient with a reasonable degree of expertise and compassion. If a physician was careless, lacked proper skills or disregarded standardized rules, a jury may find the health care provider negligent. If damages resulted from such negligence, monetary compensation may be awarded. Hospitals can be liable for the negligence of their employees, including staff nurses and technicians.
Examples of Medical Malpractice include:
- Failing to diagnose a tumor while reading an x-ray
- Puncturing a nearby organ or tissue during surgery
- Failing to order necessary and appropriate medical tests
- Failing to diagnose a condition in time to treat it properly
- Failing to refer a case to a medical specialist
- Prescription errors
- Birth injuries
- Traumatic Brain injuries
- Incorrect diagnosis that results in a failure to treat a medical condition
- Failing to properly administer anesthesia
- Emergency room negligence
A wrongful death occurs when a person is killed due to the negligence or misconduct of another individual, company or organization. A legal action for wrongful death belongs to the decedent's immediate family members, usually a surviving spouse and children, and sometimes parents. Under certain circumstances, unrelated minor children living with and supported by the decedent may also bring a claim for wrongful death. In order to bring a successful wrongful death cause of action in Pennsylvania, the following elements must be present:
- The death of a human being
- Caused by another's negligent or intentional conduct
- The survival of family members who are suffering the loss of financial support, love, care, comfort, supervision, guidance, household assistance and general society previously provided by the deceased
The general rule in Pennsylvania in wrongful death cases is that one is entitled to recover both economic and non-economic damages which are suffered as a result of the loss of a loved one. Economic damages in a wrongful death case include an award for the financial contributions which the decedent would have made to his wife, children and/or parents had he or she survived. It also includes the recovery for funeral services in memory of the decedent and for burial costs. Non-economic damages include loss of love, companionship, comfort, affection, society, solace or moral support.
Traumatic brain injury (TBI) is a medical phrase used to describe the damage to the brain suffered by sudden impact or physical force to the head. Essentially, the human brain floats in a fluid substance called cerebrospinal fluid. TBI can result when the force of momentum causes the brain to impact against the skull. This type of injury, often the result of hitting your head on the windshield, pavement or object, is frequently referred to as a "closed head injury." Whiplash can also cause TBI. These closed head injuries can result in lasting physical and mental problems.
Birth injury malpractice is the failure of an obstetrician to properly perform his or her duties; i.e. failure to administer blood tests to detect abnormalities that can result in death or serious injury to both the mother and fetus. If you have been injured because of improper medical care, you may have a claim against the obstetrician/gynecologist who treated you. However, statutes of limitations bar the filing of claims after a certain period of time following the negligent act. Consultation with medical malpractice Attorney James I. Devine could help determine the value of your claim.
Medical malpractice injuries can occur when anesthesia is improperly given or not given in a timely manner to a patient during a surgical procedure. If the failure of the anesthesiologist is the cause of injury or death to a patient, damages may be recoverable under the laws of medical malpractice. Most doctors and hospitals carry malpractice insurance, and some states even require that they contribute to a state patient’s compensation fund.
Americans are living longer than ever before. The fastest growing segment in the United States population is the elderly population. As a result of this demographic shift, many elderly Americans have become residents of nursing homes during their final years. As many of these nursing homes are under-funded and understaffed, a disturbing incidence of neglect and abuse has been reported. Injuries sustained by nursing home residents due to neglect and abuse often involve the inappropriate use of physical restraints, joint contractors, overuse of sedatives, unnecessary use of urinary catheters, loss of mobility, pressure sores, lack of nutrition and weight loss.
If you have been a victim of medical malpractice, or have lost a loved one as the result of wrongful death in Pennsylvania, or within the surrounding cities and counties of Philadelphia, Pennsylvania, please contact medical malpractice Attorney James I. Devine today at 866-787-2978, or complete the contact form provided on this site to begin your free consultation with an experienced medical malpractice lawyer.