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Harrisburg Medical Malpractice Blog

How Common Is Medical Malpractice and What Should You Do If You Are A Victim?

Medical negligence occurs when a doctor or other medical professional violates the standard of care.  The standard of care is generally defined as the level and type of care that a reasonably competent and skilled health care professional, with similar education and training, would have provided under the circumstances that led to the alleged malpractice.  It varies depending on  the medical condition being treated.According to the American Bar Association, doctors, nurses, dentists, technicians, hospitals, and hospital workers can all be the culprits of medical malpractice.When we talk about medical malpractice, many people think of surgical or medication mistakes.There are, however, studies that show interesting statistics regarding medical malpractice.A recent study in the journal BMJ Quality and Safety shows that, for the past 25 years in the United States, diagnostic errors - where a diagnosis was missed or delayed - outnumbered surgical or medication mistakes in terms of patient harm, number of claims and penalty payouts.Based on data from 350,706 paid medical malpractice claims from the National Practitioner Data Bank, the study was conducted by researchers at Johns Hopkins University, and showed that 28.6 percent of the paid claims were diagnostic errors.  What’s more, these errors were also more likely to lead to death or disability for the patient.Researchers deduced that as many as 80,000 to 160,000 people in the United States have been negatively affected by diagnostic errors - whether by injury or death.Recently, another study from researchers at Johns Hopkins University found that surgical "never events" – actually do happen.  “Never events” are all those frightening cases you hear about where surgical instruments were left in patients’ bodies, and similar incidents.  Everyday Health reported that between1990 and 2010, more than 4,000 of these "never events" occurred every year.According to a 2006 study, every year approximately 1.5 million people in the United Statesget negatively impacted by medication errors.From the initial prescription to the administration of the drug, medication errors occur in many ways.  However, by far the most common medication errors involve dosage, where the patient gets too small or too large of a dose.When Anesthesia Errors occur, they are usually more dangerous than surgical mistakes. Even a minor error by the anesthesiologist can result in permanent injury, brain damage, even death.  An anesthesiologist can commit medical malpractice even before anesthesia is administered.Surgery Errors made in the operating room lead to medical malpractice claims.  They can involve a surgeon being negligent during the operation itself (puncturing internal organs, operating on the wrong body part, or leaving surgical instruments in the body) or the nursing staff being negligent in administering post-op care (which could result in complications like serious infection).Negligent prenatal care can happen if negligent medical treatment is provided during the pregnancy, where it could harm the fetus, the mother, or both.Childbirth Injuries can be caused by medical malpractice, including brain injuries (such as cerebral palsy and seizure disorders), fractured bones, and Erb's and Klumpke's palsy (damage to nerves that control the arms and hands), and also cause harm to the mother.If you believe that you, or someone in your family, may have been a victim of medical malpractice, you can take steps to seek potential compensation from your medical service provider.  Now, how do you determine your eligibility for a successful claim?An essential and primary thing to do will be to have your medical records evaluated in order to determine whether you were a victim of medical negligence.To accomplish this, you need to obtain a competent and reliable medical malpractice lawyer.You will need an experienced lawyer who can protect your legal rights, secure your claim and obtain the compensation that you are entitled to.Showing that health care provider’s negligence resulted in an injury is called causation.To file a lawsuit it is not enough to just show that medical negligence took place - you will also have to prove that the negligence act resulted in injuries.  This can require hours of research, discovery and expert testimony.When meeting with a medical malpractice lawyer, there are some things you can do to help prove causation.  Specifically, you will need to provide certain information and documentation, such as: letters from your hospital or health care provider, medical receipts, medical records, test results, information related to your diagnosis, doctor's notes, pictures of your injuries, and any personal log entries recorded pertaining to your medical history.At NOW LAW, our entire practice is devoted to helping people who have been injured by medical malpractice and people who have suffered a birth injury or personal injury.Our medical malpractice lawyers in Harrisburg, PA  and Philadelphia have decades of experience when it comes to proper evaluation and successful handling of medical malpractice cases.  When in need of experienced medical malpractice lawyers in Philadelphia or Harrisburg, PA  contact NOW LAW  today, and let our skilled, knowledgeable and reliable lawyers help you.  Call us today:  1-888-699-7097.Or, visit: http://nowllp.com/pennsylvania-medical-malpractice-attorneys/  Article Source 1Article Source 2

When Should You Consult With A Birth Injury Attorney?

Before a child is born, there’s a great hope and wish for the baby to be born healthy and for the childbirth to be without any complications. Unfortunately, injuries do happen during birth.It can be devastating to learn that many of these birth injuries are serious and can lead to irreversible mental and/or physical disabilities.Naturally, parents want to know what went wrong, especially when the pregnancy seemed normal. Starting the process of a birth injury lawsuit can bring answers to your questions.It is painful to find out that many of these birth injuries were caused by inadequate or negligent care by a health care provider and could have been prevented.A medical mistake can result in a range of birth injuries.The most serious birth injuries are injuries to the brain - caused by oxygen deprivation or bleeding inside the brain from delivery trauma . These often result in Cerebral Palsy. Other severe injuries include Brachial Plexus injuries. Among the list of birth injuries are also temporary paralysis, a fractured arm, or a fractured collarbone.If your child was born with Cerebral Palsy, or has suffered a Brachial Plexus injury (such as Erb’s Palsy or Klumpke’s Palsy), it may have been caused by mistakes made by doctors or other medical professionals during the delivery process.As the unfortunate victim of medical malpractice, your child may need a lifelong special medical care, which also means large hospital bills. Not only is this emotionally and psychologically difficult time for you and your family, but it can also be financially and technically close to unmanageable.At a trying time like this, it can be extremely helpful to have the birth injury lawyer on your side.The very first thing to determine is what went wrong and why. If medical negligence was involved, you should work with your birth injury lawyer to take all necessary steps and file a claim.A monetary settlement can help you pay for your child’s medical costs. It can help with providing a more comfortable and independent life for your child. Finally, a successful lawsuit may also help to prevent more medical negligence cases from taking place – you might help prevent another child from being harmed as a result of the same improper medical care.To answer the question: “How could this have happened?” call us for an in-depth evaluation of your child’s complete medical records as well as the mother’s pregnancy and delivery. Our legal team needs to carefully review all of the records and establish whether the injury resulted from medical negligence by a healthcare professional.You have the right to know whether a birth injury to your child or to someone close to you was preventable.A Philadelphia birth injury attorney at NOW LAW will help you get the answers you deserve. We have been helping families affected by medical negligence or improper medical care that results in a birth injury for many years.Even though appointing a Pennsylvania birth injury lawyer and filing a claim does not erase the harm done, it may greatly help with many aspects and challenges you and your family have to cope with. Time is of essence; so if you believe that medical errors or negligence caused birth injuries to your child, take steps to have a professional review of your case to determine if you should file a claim.It is natural to have many questions, so call NOW LAW Pennsylvania birth injury attorney officeto discuss your birth injury situation and potential legal rights. Allow one of our experienced, knowledgeable and trustworthy Pennsylvania birth injury lawyers to help you and your family.Call us for a free consultation today at: 1-888-699-7097.Or, visit us here.  

When Should You Hire a Pennsylvania Cerebral Palsy Lawyer?

Approximately 120,000 babies are born each year with a birth defect, according to March of Dimes.A number of birth defects are tragedies that could have been prevented.  It is heartbreaking and distressing to know that some infants have suffered a birth defect caused by medical malpractice during delivery or the use of prescription medications.Cerebral Palsy is a devastating set of conditions that affect the brain and central nervous system of an infant.CP often happens when brain damage, oxygen deprivation, or head trauma occur before, during or shortly after delivery.  The cause could bemedical mistakes, such as the child being left in the birth canal for too long or the excessive or improper use of medical tools.Most children with Cerebral Palsy are born with it; however, CP may not be detected until months or, even, years later.  It can be quite difficult to determine what exactly happened and if and why things went wrong.  This is made even more challenging when the signs of a birth injury appear some time after the baby’s birth.However, there could be signs indicating that a birth injury occurred, and that it was a result of a medical malpractice.If you believe this has happened to your baby, or to someone you love, it can be a confusing and troublesome time for you or those close to you.  The answer to a question: “How could this have happened?” usually requires an exhaustive and careful evaluation of the child’s complete medical records to determine whether the condition resulted from medical negligence by a healthcare professional.This is why it’s critical that an experienced and competent birth injury lawyer reviews your case to establish whether your child’s condition, such as Cerebral Palsy, is the result of a medical error.  The special needs of a child with Cerebral Palsy affect the whole family, and cause much more than the emotional and psychological pain.  Caring for a baby or infant affected by Cerebral Palsy can bring physical and emotional challenges, not to mention financial hardships it causes many families.  The condition is associated with a lifetime of expensive therapies and costly interventions.If, unfortunately, a member of your family suffered birth defect that you believe was preventable, you should immediately consult a Pennsylvania Cerebral Palsy lawyer.If your child has received this diagnosis, you have the right to know whether it was preventable.  A Philadelphia Cerebral Palsy attorney at NOW LAW will help you get the answers you deserve.  We have helped many families through the trauma of infant brain damage, and have a record of success with Cerebral Palsy lawsuits.At NOW LAW, we will fight to obtain every dollar needed to take care of your child if he or she has been diagnosed with Cerebral Palsy caused by a birth injury.While hiring a Pennsylvania Cerebral Palsy lawyer and filing a claim is not going to heal the condition, it can make many things easier to cope and live with.  If you believe that medical mistakes caused your child to suffer from Cerebral Palsy, you should seek a free review of your case to determine whether you have a claim worth filing.Our trusted Pennsylvania Cerebral Palsy attorneys have repeatedly secured million dollar and multimillion-dollar verdicts and settlements for their clients.Contact NOW LAW Pennsylvania Cerebral Palsy attorney office today, and let our experienced, knowledgeable and trustworthy lawyers help you.  Call us at:  1-888-699-7097.Or, visit: http://nowllp.com/cerebral-palsy/

What To Consider When Choosing A Medical Malpractice Lawyer in Harrisburg PA?

If you have, unfortunately, suffered an injury during your course of medical treatment or care, you might be able to recover compensation from your medical service provider.  Now, how do you go about it, and who can help you present a claim? Undeniably, you need a competent medical malpractice lawyer. You need an experienced lawyer who can protect your legal rights, secure your claim and obtain the compensation that you are entitled to. What to consider when choosing a competent medical malpractice attorney to litigate your medical malpractice case? Medical malpractice is an area of personal injury law. However, that does not mean that all personal injury lawyers are competent to handle medical malpractice cases.  That is why it is important to look for a lawyer who specifically deals with medical malpractice cases. Next, you want the person who will represent you to have extensive knowledge, rich experience and best qualifications, to help you secure the financial compensation that you are entitled to. An essential and primary thing to determine is whether you truly have a medical malpractice case.  At NOW LAW,  it will not cost you anything to speak to an attorney to find out if you have a valid case. Schedule a meeting with a medical malpractice lawyer for a brief introductory consultation, which will allow you to meet him or her and receive some essential feedback about your case. Until your lawyer has gathered and reviewed all the details of your medical case and the injury caused to you, it will not be possible to know whether your case will go to trial or not.  Even though many medical malpractice cases can be  settled (resolved through negotiations),  some can not, and have to be tried.  It is important to choose a law firm that has medical malpractice attorneys who have extensive trial experience. You should ask your attorney for a detailed estimation of the legal fees and expenses that you will need to pay out. As far as the duration, a well-experienced attorney should be able to provide you with a tentative timeline of how long your case might take.  Keep in mind that every claim is unique and the duration depends largely on the intensity and complexity of the case. Finally, your comfort level with the attorney who will handle your case is paramount.  Choose a medical malpractice lawyer whom you can communicate with effortlessly, and who you consider to be trustworthy, reliable and compassionate. At NOW LAW, our entire practice is devoted to helping people who have been injured by medical malpractice and people who have suffered a birth injury or personal injury. The medical malpractice lawyers in Harrisburg, PA have decades of experience handling medical malpractice cases and know how to properly evaluate and handle your case.  If you need a medical malpractice attorney PA, contact NOW LAW office today, and let our experienced, knowledgeable and trustworthy lawyers help you.  Call us today:  1-888-699-7097.

Lisa M. Benzie of Navitsky, Olson & Wisneski LLP Recognized In Top 50 Women Attorneys in PA

The Law Firm of Navitsky, Olson & Wisneski LLP (NOW Law) is pleased to announce that Attorney Lisa M. Benzie was recently named one of the Top 50 Women Attorneys in Pennsylvania by the 2014 Pennsylvania Super Lawyers rating service. The publication noted that she was one of the attorneys who ranked at the top of the list in the 2014 Pennsylvania Super Lawyers nomination, research and blue ribbon review process. She is the only attorney from Central Pennsylvania who was awarded this honor. She was also named among the 2014 Best Lawyers in America© for both Workers' Compensation and Plaintiff's Medical Malpractice, and has been listed consecutively since 2008. Ms. Benzie currently serves as an Officer and Chair of the House of Delegates of the Pennsylvania Bar Association.Ms. Benzie was also recently recognized by the Pennsylvania Bar Association (PBA) Commission on Women in the Profession (WIP) for the completion of her two-year term as co-chair and her valued contributions during her time in the position. Ms. Benzie's acknowledgement occurred during the Commission on Women in the Profession's Annual Awards Luncheon held in conjunction with the 2014 PBA Annual Meeting in May 2014.Ms. Benzie is a member of the team of accomplished lawyers at NOW Law, which has offices in Harrisburg and Philadelphia and serves clients throughout Pennsylvania in cases of medical malpractice, cerebral palsy, birth injuries, and personal injury. Navitsky, Olson & Wisneski LLP attorneys have been recognized by such publications as Super Lawyers and Best Lawyers in America, and have having won numerous multi-million dollar settlements and verdicts for their valued clients.As co-chair of the PBA Commission on Women in the Profession, Ms. Benzie worked toward the Mission of the Commission to identify barriers that prohibit women in law from full involvement in their work with all the rewards and responsibilities of female attorneys. Ms. Benzie's co-chair, Roberta Jacobs-Meadway, of Eckert, Seamans, Cherin and Mellot LLC, offered these accolades "It was my pleasure and an honor to work with Lisa for the past year as her co-chair of the PBA's Commission on Women in the Profession. Under her leadership, the Commission was able to expand its reach and its programming, making better use of technology and taking a fresh look at how the Commission assesses the state and progress of the women in the legal profession in the Commonwealth. I am looking forward to continuing to work with Lisa as we build on the last years' accomplishments."Should you find yourself in need of a proficient and professional law firm that has successfully represented clients in medical malpractice, cerebral palsy, birth injury and personal injury cases, reach out to attorney Lisa Benzie or another member of the dedicated team of NOW Law attorneys and get the support you need to guide you successfully through your case.Call on NOW Law (www.NowLLP.com) and schedule your free consultation with Lisa Benzie or any one of the knowledgeable attorneys to find the solution you need concerning your injuries or those of your loved one.Author Bio: NOW Law - The attorneys at law firm of Navitsky, Olson, & Wisneski, LLP have a reputation for excellence and have been recognized by such organizations as Best Lawyers in America, Super Lawyers, and the Million Dollar Advocates Forum. They have repeatedly secured million dollar and multimillion-dollar verdicts and settlements for their clients. With each case, the goal is to provide the care, attention, and the tenacity necessary to win the settlement or verdict that their medical malpractice, cerebral palsy, birth injury or personal injury client deserves.

Who Are The Real Victims Of Medical Malpractice?

According to a study by the Institute of Medicine of the National Academy of Sciences, each year between 44,000 and 98,000 people lose their lives in the hospitals as a result of medical errors that could have been prevented, and many more are left injured. Even more terrifying medical malpractice data was revealed in the JOURNAL of the AMERICAN MEDICAL ASSOCIATION (JAMA), Vol 284, No 4, July 26th 2000.  It shows that over 225,000 people die each year due to iatrogenic causes - instances where diagnosis, manner, or treatment of a medical provider caused injuries or death. Medical negligence has become the third leading cause of death in the United States, after deaths from heart disease and cancer. Here are some of the alarming statistics stated by JAMA:

5 Shocking And Recent Headlines In Nursing Home Neglect And Abuse

Nursing home neglect and abuse take a variety of forms. From pressure ulcers or bedsores to falls, from malnutrition and dehydration to medication errors, people experience painful and in some cases fatal examples that, unfortunately, often remain unresolved. Fortunately, higher media inquiry into nursing homes and assisted living cases of malpractice has resulted in an increased awareness of such situations. What's more, state and federal governments have been enacting laws and regulations that aid families by ensuring that patients receive appropriate care. However, media attention and regulatory supervision cannot substitute good care. These are a few of the latest news illustrating nursing homes neglect and abuse. 1. A 49-year-old nurse's assistant slapped two elderly patients at a Waverly nursing home, witnessed by a co-worker. Upon further investigation, the third patient's abuse was identified. Investigators cited the nursing home employee on suspicion of committing three felony counts of abusing a vulnerable adult and three counts of misdemeanor assault. Source  2. Nanny cameras are a focus of conversation again, as 17 employees at a nursing home in Buffalo, New York, were seen showing neglect to a non-ambulatory, bed-ridden patient. The New York Attorney General's Office alleges that evidence from a hidden camera showed a pattern of neglect that included failure to dispense pain medication, failure to check on the resident as necessary, failure to give him liquids, and failure to provide incontinent care. The criminal charges further allege that the nurses and aides falsified documents to conceal their neglect. This case is raising the question again as to why some states still will not allow nanny cameras in their facilities. Source 3. A state agency recently reported that a Brevard County nursing home got fined $36,000 after committing numerous clerical and medical errors. Their malpractice involved a patient who eventually died. During the December 2013 inspection, the Agency for Health Care Administration (AHCA) reported staff from the 180-bed facility failed to follow physician orders, assess bruising from an unknown source and properly administer blood-thinning drugs given to the patient, and consistently update the patient's medical charts. "It's really unfortunate, because you have someone here who's dying from neglect in the nursing home," said Brian Lee, executive director of Families For Better Care, a national advocacy group for nursing home and assisted-living residents based in Tallahassee. "So you have a state fine of $36,000. That's what a resident's life has come down to in this case." Source 4.  A certified nursing assistant at an East Longmeadow nursing facility has been charged with raping a patient. The alleged victim is a 69-year-old woman. She was not under the direct care of the suspect. Source 5. An elderly man who was allegedly beaten by a security guard at an assisted living facility has died from his injuries. Another victim of his attack, 88-year-old Miriam Lepp, continues her recovery. Detectives say they are working with the State Attorney's Office to determine if further charges will be filed against the 22-year old suspect, who currently faces two counts of attempted murder and aggravated assaul Source   Those incidents, at least, were identified and brought to the attention of authorities. Many cases of neglect or abuse, unfortunately, remain concealed. If you or a loved one suffered from being a victim of nursing home neglect or abuse, you should promptly contact a nursing home neglect attorney to learn about your rights and responsibilities in seeking compensation for the injuries or maltreatments. Our nursing home neglect attorneys are experienced, knowledgeable, trustworthy and ready to help you or your loved one. Contact us today:  1-888-699-7097 Or, visit:  http://nowllp.com/pennsylvania-nursing-home-attorney/

The Law Firm of Navitsky, Olson & Wisneski LLP Welcomes Attorney Lisa M. Benzie To Its Team

The Law Firm of Navitsky, Olson & Wisneski LLP (NOW Law) recently welcomed Attorney Lisa M. Benzie, formerly of Angino & Rovner, to its team. Ms. Benzie brings years of experience and success to the firm; she was recently named one of the Best Lawyers in America© for both Workers' Compensation and Plaintiff's Medical Malpractice, and has been listed in Best Lawyers in America© every year since 2008.  Her reputation corresponds with the NOW Law firm attorneys' reputation for professional excellence, which has brought them recognitions by such organizations as Best Lawyers in America, Super Lawyers, and the Million Dollar Advocates Forum.  Ms. Benzie is currently in her second term as the Chair of the House of Delegates of the Pennsylvania Bar Association and serves as Secretary of the Pennsylvania Association for Justice; she is a past member of the Board of Directors of Dauphin County Bar Association. Ms. Benzie graduated from the University of Pittsburgh in 1997, where she obtained a Bachelor of Science Degree in Psychology and a Certificate of Study in Women's Studies.  She then worked until 1999 for Victim's Services as a counselor and legal advocate for victims of sexual assault and other violent crimes.  Ms. Benzie returned to Dickinson School of Law, where she obtained her J.D. in May 2002. At NOW Law, Ms. Benzie will continue to successfully represent claimants who have been injured in the workplace or by medical malpractice, and plaintiffs in civil litigation matters, including premises liability, medical malpractice, professional negligence and nursing home negligence. Lisa M. Benzie, Esquire represents the level of expertise and commitment to clients that NOW Law has become known for.  At NOW Law, Lisa M. Benzie and the rest of our esteemed legal team are ready to help and fight on your behalf.  If you are looking for a medical malpractice attorney in Harrisburg PA area, contact our office today. Contact Us New clients in need of a medical malpractice lawyers in Harrisburg PA, and referring counsel are welcome to contact Ms. Benzie at 1.888-699-7097 or lbenzie@nowllp.com.

Best Lawyers® 2014 Harrisburg "Lawyer of the Year" Neil Rovner Joins Navitsky, Olson & Wisneski LLP

The Law Firm of Navitsky, Olson & Wisneski LLP (NOW Law) is pleased to welcome Attorney Neil J. Rovner, formerly of Angino and Rovner, to the firm.  Mr. Rovner was named Best Lawyers® 2014 Harrisburg "Lawyer of the Year" in the area of Plaintiffs' Personal Injury Litigation, has been selected by the National Trial Lawyers as a Top 100 Trial Lawyer, and has been listed in every edition of The Best Lawyers in America© since 2006.  He has achieved favorable jury verdicts for his clients, each in excess of one million dollars, in Dauphin, Cumberland and Adams counties, along with multiple settlements of one million dollars or more. Mr. Rovner is a graduate of Lafayette College in Pennsylvania, served in the Peace Corps, then taught High School while earning his Master's and Law Degree from Temple University.  Following his graduation from Law School, he served as Law Clerk to the Honorable Glenn Mercer (Commonwealth Court of Pennsylvania). In private practice since 1977, his area of expertise is in the area of Plaintiff's personal injury litigation. At NOW Law, Mr. Rovner will continue to represent clients injured by medical malpractice, defective products and motor vehicle accidents. NOW Law has offices in Philadelphia and Harrisburg, Pennsylvania and serves clients throughout the State of Pennsylvania and  nationwide (in conjunction with local co-counsel)  in the areas of medical malpractice, cerebral palsy and birth injuries, personal injury and nursing home neglect. The experienced attorneys at NOW Law have a reputation for excellence and have been recognized by such organizations as Best Lawyers in America, Super Lawyers, and the Million Dollar Advocates Forum. They have repeatedly secured million dollar and multimillion-dollar verdicts and settlements for their clients.  NOW Law is pleased to have Neil Rovner join its team of experienced attorneys who are dedicated to helping those who have been injured. They are ready to evaluate each case individually to achieve the best possible outcome.  The Best Lawyers in America© 2014 (copyright 2013 by Woodward/White, Inc. of Aiken, SC.)*

Legislation Would Change Medical Malpractice Standards

A new bill under consideration in the Pennsylvania legislature would change the definition of medical negligence for emergency room physicians throughout the state. The new measure would require additional evidence from plaintiffs who seek compensation for medical malpractice from emergency department staff. Lawmakers say that emergency physicians should not be held to the same strict standards for medical errors as doctors who are performing work under different circumstances.The measure, House Bill 804, would require clear and convincing evidence from plaintiffs that serious errors and omissions had occurred during emergency care. That standard would thus be changed to simple negligence from gross negligence. The bill would effectively provide additional protection against doctor errors for physicians who are practicing in the unpredictable emergency room environment.Legislators and physicians advocates say that the current standard is "fundamentally unjust" and encourages abuses of the civil litigation system. Emergency providers are required to make difficult decisions under duress. In many cases, those doctors do not have any prior relationship with the patient who is receiving care, and the patients' medical histories are often incomplete or missing entirely.This change would definitely benefit emergency room physicians, but it would do little to add to the peace of mind of victims who have been injured because of doctor errors. Patients who have been victimized by medical error in any venue deserve access to legal redress for additional medical expenses and other civil claims. Victims who have been harmed because of doctor negligence in Pennsylvania emergency rooms are not yet governed by this pending legislation. Those patients may be entitled to financial compensation for their pain and suffering, lost wages and a variety of other damages.Source: Pittsburgh Business Times, "Bill would change medical negligence definition" Kris B. Mamula, Apr. 02, 2014 
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