Category: Medical Malpractice

Before any medical procedure, patients have the right to be fully informed about the risks, benefits, and alternatives involved. Known as “informed consent,” this principle is fundamental in healthcare. When informed consent isn’t obtained, patients may have grounds for legal action if harm occurs.

What Informed Consent Means

Informed consent involves a transparent process where healthcare providers explain the treatment or procedure, addressing:

• Details of the Procedure: Why it’s recommended and what it entails.
• Risks and Benefits: Including possible side effects or outcomes.
• Alternatives: Other treatment options, including the choice to decline the procedure.

When Informed Consent is Not Provided

If informed consent is neglected, patients may undergo treatments with unexpected risks, leading to physical or emotional trauma. This can constitute medical malpractice, especially if a patient suffers harm due to undisclosed risks.

Steps to Take if You Believe Consent Wasn’t Properly Obtained

If you were not fully informed before a procedure:

1. Gather Documentation: Keep records of any conversations, written materials, or pre-procedure notes.
2. Seek Legal Advice: An attorney can help determine if your rights were violated.

Informed consent is a vital part of patient care, ensuring individuals can make educated health decisions. If you believe your rights to informed consent were not honored, Cooper Schall & Levy, P.C. is here to assist. Contact us today to learn more about your rights and pursue any legal remedies available.

Emergency rooms are high-pressure environments where quick, accurate diagnoses are critical. Unfortunately, diagnostic errors can occur, leading to serious complications for patients. Understanding the types of errors and legal rights is essential if you or a loved one has been affected.

Common Diagnostic Errors in Emergency Rooms

Some frequent types of diagnostic errors include:

• Missed Diagnoses: Symptoms are overlooked, leading to missed diagnoses for conditions like heart attacks or strokes.
• Delayed Diagnoses: Late diagnoses can result in severe health complications.
• Incorrect Diagnoses: Misinterpretation of symptoms can lead to incorrect treatments.

Consequences of Diagnostic Errors

The results of diagnostic errors can be devastating, leading to prolonged suffering, increased medical costs, or even fatal outcomes. In time-sensitive cases like sepsis, incorrect or delayed diagnoses may drastically reduce a patient’s chance of recovery.

Legal Options for Patients Affected by Diagnostic Errors

If you believe a diagnostic error harmed you, a legal claim may be possible. Key elements of a claim include:

• Medical Records: Detailed notes on symptoms, treatments, and consultations.
• Expert Testimony: Medical experts may testify to establish if the standard of care was breached.
• Documentation of Symptoms: Evidence that symptoms were present but disregarded or misinterpreted.

Diagnostic errors in emergency rooms can cause serious harm, with potentially lasting effects. If you’ve suffered due to a diagnostic error, it’s crucial to understand your rights. At Cooper Schall & Levy, P.C., our attorneys are experienced in medical malpractice cases and dedicated to helping patients seek justice. Contact us today to discuss your options.

Prescription drug errors can have devastating consequences, and proving negligence is a crucial step in seeking justice. This involves identifying how the error occurred and who is responsible, whether it’s the prescribing physician, the pharmacist, or the healthcare facility.

Identifying Prescription Drug Errors

Prescription drug errors can occur at various stages:

• Prescription: Incorrect medication or dosage prescribed by the physician.
• Dispensation: Pharmacist provides the wrong medication or incorrect dosage.
• Administration: Errors in giving the medication to the patient, either in a hospital or home setting.

Proving Negligence

To prove negligence in prescription drug errors, several key elements must be demonstrated:

1. Duty of Care: Establish that the healthcare provider or pharmacist owed a duty of care to the patient.
2. Breach of Duty: Show that this duty was breached through actions such as prescribing the wrong medication or failing to check for drug interactions.
3. Causation: Prove that the breach of duty directly caused harm to the patient.
4. Damages: Demonstrate that the patient suffered actual damages, such as medical expenses, pain and suffering, or lost wages.

Roles of Pharmacists and Physicians

Both pharmacists and physicians play critical roles in ensuring patient safety:

• Physicians: Must accurately diagnose and prescribe the appropriate medication, considering patient history and potential drug interactions.
• Pharmacists: Are responsible for verifying prescriptions, providing the correct medication and dosage, and educating patients about how to take their medication safely.

Evidence to Support Claims

Gathering strong evidence is crucial in prescription drug error cases:

• Medical Records: Detailed documentation of the prescribed medication and any subsequent errors.
• Pharmacy Logs: Records from the pharmacy showing the dispensation of the medication.
• Expert Testimonies: Insights from medical experts on how the standard of care was breached and the resulting harm.
• Patient Statements: Accounts from the patient and family members about the effects of the error.

Conclusion

Prescription drug errors can have serious and lasting effects on patients. Proving negligence involves a thorough understanding of the legal standards and the roles of healthcare providers.

At Cooper Schall & Levy, P.C. our experienced attorneys are dedicated to helping victims of prescription drug errors seek justice. Contact us today for a free consultation and let us support you through this challenging time.

The rise of telemedicine has transformed healthcare, providing greater accessibility and convenience for patients. However, it also introduces new challenges in medical malpractice claims. Here’s an analysis of how telemedicine impacts these claims and what patients should be aware of.

The Rise of Telemedicine

Telemedicine involves the use of technology to deliver healthcare services remotely. This includes virtual consultations, remote monitoring, and digital communication between patients and healthcare providers. While telemedicine offers numerous benefits, it also brings unique challenges, particularly in the context of medical malpractice.

Common Issues in Telemedicine Malpractice

Several issues can arise in telemedicine that may lead to malpractice claims, including:

• Misdiagnosis: The lack of physical examinations can result in incorrect diagnoses.
• Technical Failures: Glitches or connectivity issues can impede the quality of care.
• Inadequate Records: Poor documentation of virtual consultations can complicate malpractice cases.
• Licensing Issues: Providers may not be licensed to practice in the patient’s location, leading to legal complications.

Legal Considerations

Patients should be aware of the following legal considerations in telemedicine malpractice cases:

• Standard of Care: The standard of care in telemedicine should be equivalent to in-person care, but proving this can be complex.
• Jurisdiction: Determining the appropriate jurisdiction for filing a malpractice claim can be challenging, especially if the provider is in a different state or country.
• Informed Consent: Ensuring patients are fully informed about the limitations and risks of telemedicine is crucial for avoiding malpractice claims.

Evidence and Documentation

Proper documentation is essential in telemedicine malpractice claims. Key pieces of evidence include:

• Digital Records: Detailed records of virtual consultations and communications.
• Technical Logs: Logs of any technical issues or failures during telemedicine sessions.
• Experts Opinions: Expert witnesses who can prepare an expert report and testify about the standard of care in telemedicine.

Conclusion

Telemedicine has revolutionized healthcare delivery, but it also presents new challenges in medical malpractice. Patients must be vigilant about understanding their rights and the potential risks involved.

At Cooper Schall & Levy, P.C. our experienced attorneys are well-versed in handling telemedicine malpractice cases. We are committed to helping you navigate these new challenges and ensuring you receive the compensation you deserve. Contact us today for a free consultation.

Preventable birth traumas in Philadelphia are unfortunate events that can occur during childbirth due to various factors, often involving some form of medical oversight or error. Philadelphia hospitals are increasingly focused on implementing evidence-based practices and protocols designed to minimize the risk of birth trauma, such as thorough prenatal care, skilled birth teams, adherence to safety guidelines, and the incorporation of advanced medical technologies. Furthermore, these hospitals must foster a supportive and responsive environment for expecting mothers, ensure clear communication, and provide personalized care plans. By prioritizing these measures, Philadelphia hospitals aim to enhance the safety and well-being of both mothers and their newborns, significantly reducing the likelihood of birth trauma and promoting a positive birthing experience.

Factors That Could Lead To Birth Traumas

• Staff Experience and Response Time: Sometimes, the medical staff might need to be more experienced or quick to respond as needed, which could be because of understaffing, lack of proper training, or simply an oversight. If a problem arises during birth, like the baby not getting enough oxygen or the mother bleeding too much, a delay in action or incorrect action can lead to trauma.
• Equipment and Facility Issues: The hospital or birthing center’s condition and the availability of necessary equipment can significantly affect birth outcomes. If something crucial is missing, not working correctly, or the environment isn’t kept clean and safe, it could lead to complications for both mother and baby.
  In addition, over-reliance on specific equipment, like vacuum extractors or forceps, can lead to physical injuries to the baby, such as bruising, skull fractures, or nerve damage. Incorrect use of medical equipment, or its failure, can result in complications during birth, leading to trauma, which includes everything from improper use of monitors leading to missed distress signals to failures in surgical equipment. Medical professionals aim to balance the use of equipment to support, rather than hinder, the natural birth process, mitigating risks of trauma while enhancing safety and outcomes for both mother and child.
• Communication Failures: Proper communication among healthcare professionals is crucial during childbirth. Misunderstandings or lack of information can lead to incorrect decisions or delayed treatments, which might result in avoidable traumas. Effective teamwork and communication among all healthcare team members (including doctors, nurses, and midwives) are essential for safe maternity care. 

Ineffective communication can also affect the continuity of care when the hospital staff shift changes. The staff members on the earlier shift must pass on important information about the mother’s and baby’s condition to the incoming team. Any failure in this process can lead to oversights and errors.

Lastly, miscommunication can lead to healthcare providers dispensing incorrect medication to the mother, affecting the baby’s health. Wrong dosages or the wrong medication can potentially lead to adverse reactions or insufficient pain management.

To mitigate these risks, hospitals and healthcare providers work on improving communication strategies, such as implementing standardized protocols and enhancing teamwork through training. Effective communication is crucial in all areas of healthcare but is especially critical during the birthing process, where two lives are at stake.

• Prenatal Care: The care a mother receives during pregnancy is also vital. Suppose a healthcare provider fails to identify or adequately address potential risk factors like high blood pressure, diabetes, or infections. In that case, it increases the risk of problems during childbirth that could lead to trauma.

• Ignoring Patient Concerns: Sometimes, the healthcare providers might not take the pregnant person’s concerns seriously or dismiss them too quickly. This inattention can lead to situations where preventable issues are not addressed in time, leading to trauma during birth.

Takeaway

Healthcare quality can vary widely from facility to hospital, and the risks might be higher in overcrowded or underfunded hospitals. Efforts to prevent birth traumas include improving staff training, better hospital policies, increasing access to quality prenatal care, and ensuring good communication between healthcare providers and expecting parents. In the unfortunate event that a birth trauma does result, you may need to consult with an attorney skilled in medical malpractice situations.  Cooper Schall & Levy has experienced, compassionate attorneys who can provide you with guidance if unfortunate circumstances have resulted in a birth trauma in your family.

Medical malpractice cases are among the most complex and challenging types of legal disputes. If you are a victim of medical negligence in the Philadelphia area, you face a daunting task when seeking justice and compensation for your injuries or losses. Whether you have suffered as a result of a misdiagnosis, a surgical or anesthesia error, or some other type of medical malpractice, at Cooper Schall & Levy, our highly competent medical malpractice attorneys are here to help you. 

We understand the intricacies of these cases and have extensive experience fighting for the rights of those harmed by medical professionals’ mistakes. More than that, we are determined to bring you maximum compensation for all you have suffered. We offer a free evaluation of your claim and will charge you no attorneys’ fees until we recover damages.

What Makes Medical Malpractice Cases Particularly Challenging

Medical malpractice cases are uniquely difficult to win because:

• It is hard to prove that a healthcare provider’s actions deviated from the standard of care.
• Medical professionals are, on the whole, widely respected.
• Medical terminology, devices, procedures, and standards are often difficult for laypeople to understand.
• It is often an uphill battle to confront corporate healthcare providers backed up by powerful insurance companies and high-end attorneys.

For these reasons, it is imperative to have a proficient legal team at your side. With proven legal ability and determination born of compassion for your plight, our lawyers are well-prepared to defend your right to maximum damages. 

How Medical Malpractice Is Legally Proven in Pennsylvania

In Pennsylvania, proving medical malpractice requires demonstrating four essential elements:

Duty of Care

We must establish that the healthcare provider owed you a duty of care as their patient. This is usually straightforward, as it is generally accepted that a doctor-patient relationship establishes this duty.

Breach of Standard of Care

We must also show your healthcare provider failed to adhere to the recognized standard of care for their medical discipline.

Causation

We must demonstrate a direct link between the breach and the injury you suffered. This requires showing that the injury would not have occurred without the provider’s negligence.

Damages

Finally, we must prove that you suffered actual harm — physical injuries, financial losses, emotional distress — as a result of the malpractice. 

The Importance of Strong Legal Representation

Our legal team is ready to pull out all the stops to win your case and bring you justice, by:

• Gathering evidence, examining medical records, and interviewing witnesses. 
• Consulting with medical and other relevant experts who can help explain how the defendant’s actions deviated from the standard of care and led to your injuries.
• Creating a winning legal strategy based on the evidence and expert testimony.
• Engaging in agile negotiations and persuasive litigation on your behalf. 

Cooper Schall & Levy Will Handle Legal Procedures and Meet Deadlines

Once you become our client, you needn’t worry about Pennsylvania’s strict legal procedures and deadlines. Leave all logistical matters in our capable hands, from meeting the statute of limitations for filing a malpractice claim — generally 2 years from the date the injury was discovered or should have been discovered —  to navigating every pretrial procedure and submitting every necessary document.

The Takeaway

Filing a successful medical malpractice lawsuit requires in-depth legal knowledge, excellent negotiation and litigation skills, hard work, and determination. Fortunately, the attorneys of Cooper Schall & Levy have spent decades in practice proving that they have each of these qualities. If you have been a victim of medical malpractice, contact our offices today to feel the confidence that comes from partnering with consummate professionals.