Pittsburgh Medical Malpractice Blog

If you’ve been injured in an accident, or if you have suffered injuries as a result of medical negligence, you will need to contact an experienced attorney who can help you through these difficult times. Choosing the right attorney can be very complicated. You may ask yourself, “What is a personal injury attorney, and why would I need an attorney who specializes in personal injury?”

The answer is quite simple: a personal injury attorney has the knowledge and experience in tort law (civil wrongs) as well as expertise in valuing such claims, which includes both economic and non-economic damages. If you are injured as a result of an auto accident, truck accident or medical malpractice, you should also ask if your attorney is an experienced trial attorney because in this day and age, more and more cases must go to trial in order to recover the damages to which you are entitled to recover. Good trial lawyers have mastered the Rules of Evidence, which is essential in proving your case. They have developed a keen knack for what does and doesn’t work in the courtroom. Good trial lawyers tend to be intuitive, understanding what is and is not important about proving your case. Excellent trial lawyers are respected and often times even feared by their adversaries not because they are abrasive or unduly aggressive, but because of their eloquence, competence, and preparation. Good trial lawyers are effective in appealing to juries.

For seventy years the attorneys at Rosen Louik and Perry, have been helping victims of serious injury recover compensation for their losses. For the past thirty years, we have focused exclusively on personal injury and medical malpractice law. Our attorneys are skilled trial lawyers, committed to providing all people, regardless of income, with equal access to the courts. We understand what our seriously-injured clients are going through and how their lives have been damaged and tragically affected. We put our heart and soul into representing our clients, taking all necessary steps to obtain for our clients the justice they deserve.

If you or a loved one has suffered injuries as a result of someone’s negligence, please contact the law firm of Rosen Louik & Perry, P.C. for a FREE consultation. The Pittsburgh, PA law firm of Rosen Louik & Perry, P.C. has experienced personal injury and trial lawyers who have obtained outstanding results in cases involving traumatic brain injury, head injury, personal injury, wrongful death, auto accident, trucking accident, industrial accidents and medical malpractice. At Rosen Louik & Perry, P.C., we pride ourselves on providing the highest quality service. We believe people deserve compensation for injuries caused by the negligence of others

Every year, approximately two million people sustain head injuries, most of which are minor because the skull provides the brain with protection. However, over half a million head injuries each year require hospitalization. Injuries to the head are so common that almost everyone in their lifetime will sustain some sort of trauma to the head.

According to a recent article in the Wall Street Journal, brain injuries that are referred to as "mild" or "minor" are often actually the underlying cause of social, academic, economic and personal failures. The research conducted found that “minor” or “mild” head traumas can cause a variety of problems ranging from learning disabilities to homelessness and alcoholism. The U.S. Centers for Disease Control and Prevention estimates 5.3 million Americans suffer from mental or physical disability due to brain injury. However, the CDC admits an undercount because this number does not include people who did not seek treatment for a severe blow to the head or who were sent home from a doctor's office or emergency room with little or no treatment.

According to Wayne A. Gordon, director of the Brain Injury Research Center at Mount Sinai School of Medicine in New York, "Unidentified traumatic brain injury is an unrecognized major source of social and vocational failure." Research by his team has consistently found high rates of "hidden" head trauma when screening various populations in New York schools, addiction programs and the general population.

The article in the Wall Street Journal relates the story of a college instructor who, over the course of a year after a "minor" head injury, lost her ability to read, keep her home orderly and maintain friendships. She tried to continue teaching but found bright lights and a hectic environment overwhelming, and was unable to keep her job.

Common causes of traumatic head injuries include traffic accidents, work accidents, recreational accidents and industrial accidents. However, a minor head injury could result from something as simple as a bump to the head or a seemingly uneventful slip and fall. Symptoms of a severe head injury can be bleeding, altered level of consciousness, confusion, convulsions, skull fracture, severe headache, loss of consciousness, blurred vision, pupil changes, stiff neck, slurred speech, fluid draining from nose, mouth or ears, increased drowsiness, and/or a scalp wound. Symptoms of a minor head injury may include headache, nausea, fatigue, insomnia and dizziness. It is important to seek medical help regardless of your symptoms. Proper diagnostic tests such as CT scans, MRI's, and x-rays are helpful in determining the nature and extent of a head or brain injury.

A delay in recognizing a brain injury can be extremely harmful and in some instance, even fatal. The Pittsburgh, PA law firm of Rosen Louik & Perry, P.C. has experienced trial lawyers who have obtained outstanding results in cases involving traumatic brain injury, head injury, personal injury, wrongful death, auto accident, trucking accident, industrial accidents and medical malpractice. At Rosen Louik & Perry, P.C., we pride ourselves on providing the highest quality service. We believe people deserve compensation for injuries caused by the negligence of others. Please contact us today for your FREE consultation.

The American Heart Association has declared February 1 as “National Wear Red Day” to kick off its campaign encouraging awareness of the danger of heart disease in women. Heart attack remains the No. 1 killer in America while stroke ranks No. 3. Although many women mistakenly believe that the greatest threat to their health is cancer, in fact, coronary heart disease, which causes heart attacks, is the leading cause of death for American women. Heart disease, stroke and other cardiovascular diseases kills twice as many women than all forms of cancer (including breast cancer) combined.

Despite the fact that cardiovascular disease (CVD) is the number-one killer of women in the U.S., during a 2004 survey by the American Heart Association (AHA), only 21 percent of women responded that they view heart disease as the leading cause of death. The actual numbers are staggering—CVD kills the equivalent of one woman per minute. Women now are actually more likely to die from a stroke than men. In 2004, more than 91,000 females died from stroke, representing 61 percent of the total deaths attributed to stroke. (American Heart Association, 2004 survey.)

What can women do to prevent becoming a statistic? They can start by knowing the signs and symptoms of a heart attack or a stroke.

Signs of a Stroke

Sudden numbness or weakness of the face, arm or leg, especially on one side of the body.

Sudden confusion, trouble speaking or understanding.

Sudden trouble seeing in one or both eyes.

Sudden trouble walking, dizziness, loss of balance or coordination.

Sudden severe headache with no known cause.

Signs of a Heart Attack

Uncomfortable pressure, squeezing, fullness or pain in the center of your chest, which can last more than a few minutes or goes away and comes back.

Pain or discomfort in one or both arms, the back, neck, jaw or stomach.

Shortness of breath with or without chest discomfort.

Other signs, such as breaking out in a cold sweat, nausea or lightheadedness.

Although a heart attack or stroke occurs in different areas of the body, both attacks usually involve clogged arteries and blood clots. Time is of the essence when dealing with a heart attack or a stroke and every second counts when suffering from a heart attack or stroke. If you experience any of the listed symptoms, call 9-1-1 immediately. In many cases, a heart attack is easy to diagnose, which can be confirmed by appropriate tests. In a significant number of individuals, however, the symptoms are atypical. Women, especially, often complain of anxiety and nausea as opposed to the more common radiating pain, sweating and breathlessness.

Stroke victims, too, can have symptoms out of the ordinary, such as disorientation and emotional upset. In both of these life-threatening situations, accurate diagnosis followed by immediate appropriate and aggressive treatment, can mean the difference between life and death.

The failure by a physician or hospital to diagnose a heart attack or stroke can be cause for a medical malpractice lawsuit. If your or someone you love has been the victim of a misdiagnosed heart attack or stroke, you need the help of knowledgeable and dedicated attorneys. Rosen Louik & Perry, P.C. in Pittsburgh, PA is qualified in both the law and medicine. Our on staff doctors will examine your medical records to see if something more could have been done. The Pittsburgh, Pennsylvania area medical malpractice attorneys of Rosen Louik & Perry, P.C. offer free, no-obligation initial consultations, and there is no fee unless recovery is made. Contact us today for your free consultation.

In many instances where medical care or treatment is being provided to an individual, health care professionals are required to obtain the patient's "informed consent." Although the precise definition of informed consent may vary from state to state, the term essentially means that the patient has made a knowing decision about a surgical procedure after a doctor or other health care professional provides the patient with all information a reasonably prudent medical provider would give to patients regarding the risks associated with the proposed procedure. Patients may sue for the lack of informed consent when they have not been made aware of risks associated with their proposed procedure. To recover on this theory, patients must also prove that post-surgery, they suffer from one of the unexplained risks.

A well-written informed consent form should include:

Identification of the physician or surgeon who'll be performing the medical procedure
The physician or surgeon's qualifications
The patient’s present medical condition
The purpose of the proposed procedure
The risks involved in the procedure
The alternatives, including their risks, including non-treatment if that is an option
The chances of the procedure's success
The expected length of recovery time
The approximate cost of the procedure and whether it will likely be covered by your health insurance

Situations exist where doctors are not required to obtain informed consent from their patients. The most common example involves life-threatening emergencies where the patient is unconscious or otherwise incapacitated and in need of immediate treatment. Moreover, because the doctrine of informed consent applies only to surgical procedures, this principle is not applicable to the administration of drugs, intravenously or otherwise.

When a patient suffering from a non-life-threatening condition cannot give informed consent due to unconsciousness or mental disability, medical personnel will sometimes ask a court to appoint a guardian to make informed consent decisions for that patient. Furthermore, parents can generally give informed consent for their minor children.

You are entitled to complete information about the surgical procedures you will undergo. Failure to provide such information can subject the healthcare providers to legal liability. If you believe that you may have a claim based on the lack of informed consent, contact our experienced medical malpractice attorneys at Rosen Louik & Perry, P.C. at once for a free consultation.

Driver fatigue is a primary cause of trucking accidents. Nevertheless, in December, truck safety advocates asked a federal court to block a ruling by the Transportation Department that permits commercial truckers to work longer hours. The Bush Administration had increased the number of hours, from 10 to11, that truck drivers could work without a break. Drivers are also allowed to drive up to 70 hours a week.

According to the The Federal Motor Carrier Safety Administration’s Web site, the rules pertaining to the hours of service for truck drivers are as follows:

• Commercial Motor Vehicle (“CMV”) drivers can only drive 11 hours maximum after 10 hours off duty.
• CMV drivers cannot drive after the 14th hour on duty.
• CMV drivers cannot drive after 60/70 hours on duty within 7/8 workdays in a row.

Truck safety advocates were able to convince a federal court to block the implementation of the rule concerning 11 hours of continuous driving. However, The Federal Motor Carrier Safety Administration was still able to implement an interim rule that mirrors the one blocked by a federal court. Advocates are now challenging the interim rule in federal court.

The consequences of a trucking accident can be catastrophic. Because of a tractor-trailer's size and weight, the injuries and damages resulting from accidents involving this type of motor vehicle tend to be more severe than injuries involving car accidents. The injuries in truck accidents are often serious, including traumatic brain injury (TBI), closed head injury, spinal cord injuries, amputations, paralysis, internal injuries, neck and back damage, and even death.

Over the years, our firm has helped many of our clients who have been the victims of truck accidents. If you or a member of your family has suffered serious injury in a commercial trucking accident, and you would like a lawyer to review your case, please contact the personal injury law firm of Rosen Louik & Perry, P.C. in Pittsburgh, Pennsylvania, to arrange a free consultation.

Hours of Service Regulations

Read More Lawsuit Seeks to Limit Truckers’ Hours

Methicillin-resistant staphylococcus aureus, most often simply referred to as MRSA, causes an infection that is resistant to several common antibiotics. An estimated 90,000 people in the United States fall ill each year from MRSA. However, it is not clear how many die from the infection; one estimate puts it at more than 18,000, which would be slightly higher than U.S. deaths from AIDS. The infection has been associated with health care facilities, where it infects people with weakened immune systems. However, many recent cases involve an aggressive strain, community-associated MRSA, or CA-MRSA. Community-associated MRSA is generally the result of skin-to-skin contact between individuals. The infection can be life threatening if untreated. It is spread through close contact with an infected person, or by touching surfaces or personal items used by infected people. As a result, this disease is common among athletes and people in hospitals and jails. MRSA infections produce abscesses, boils and other pus-filled lesions on the skin.

Allegheny County has seen a tremendous rise in the number of community-associated MRSA cases. This year alone, more than 100 cases of community-associated MRSA have been reported in Allegheny County, a figure that already exceeds the 2006 total. Most recently, several Mount Lebanon High School football players have contracted MRSA, and two students in the North Hills School District were recently diagnosed with MRSA.

Fox News reported that the family of a 12-year-old boy that died from a staph infection intends to sue the city of New York, seeking damages of $25 million in a wrongful death lawsuit. Omar Rivera died from MRSA on October 14 at Brookdale University Hospital and Medical Center. Omar’s mother, Aileen Rivera, had taken the 7th grader to the hospital because she wasn’t satisfied with the care that he was getting at a clinic, which belongs to New York City’s public hospital system. Mrs. Rivera claims that the doctor at Kings County Hospital Center misdiagnosed Omar’s illness, identifying it as an allergic reaction rather than an infection. Because of this misdiagnosis, no tests were ordered and Omar was only given Benadryl for his skin lesions. Mrs. Rivera said her suit will be based upon the failure of doctors at Kings County Hospital Center to diagnose Omar’s MRSA infection.

Here are some suggestions to prevent community-associated MRSA:

Practice good hygiene
Keep cuts and scrapes clean and covered with a bandage until healed
Avoid contact with other people’s wounds or bandages
Avoid sharing personal items, such as towels, washcloths, razors, or clothes
Wash soiled sheets, towels and clothes in hot water with bleach and dry in a hot dryer
If a wound appears to be infected, see a healthcare provider. Treatment may include draining the infection and antibiotics.

Misdiagnosis
Misdiagnosing a patient can be a serious problem—especially if the wrong diagnosis results in the patient sustaining injuries, becoming more ill, or dying. A misdiagnosis can cause doctors to give a patient the wrong medication or treatment. In addition, a person’s chances of survival could decrease with a misdiagnosis.

The Pittsburgh law firm of Rosen Louik & Perry, P.C. has represented victims of medical malpractice involving cases where a misdiagnosis has been made, as well as representing people in wrongful death cases. Medical malpractice can occur when a doctor or other medical provider neglects to properly care for a patient during treatment or when they fail to properly diagnose (or delay in diagnosing) a condition.

If you or someone you love has been a victim of medical practice due to a medical provider’s error, it is important that you speak with an experienced medical malpractice lawyer who can evaluate your case for you and file a claim on your behalf. Contact the Pittsburgh, PA medical malpractice law firm of Rosen Louik & Perry, P.C. today for your FREE consultation.

Resources:
The Pittsburgh Channel
CDC

Continue Reading “Family of Boy Who Died from Staph Infection to File $25 Million Dollar Wrongful Death Lawsuit"

The spinal cord can be damaged in many ways, producing various symptom patterns, depending on the location, or level, of spinal cord damage. The spinal cord can be damaged in an accident, compressed by blood or infection, damaged when its blood supply is cut off, or affected by herniated or bulging discs. Spinal cord injury (SCI) is a term used to describe any injury to the spinal cord that results in a loss of sensation or function in the body. Approximately two million people worldwide and nearly 200,000 in the United States live with a spinal cord injury.

An often misdiagnosed disorder, Cauda Equina Syndrome, is a disorder that occurs when the spinal cord nerve roots are compressed which decreases sensation and movement. CES is a surgical emergency. Nerve roots that control the function of the bladder and bowel are especially vulnerable to damage. If one doesn’t obtain immediate treatment to relieve the pressure, CES may cause permanent paralysis, impaired bladder and/or bowel control, loss of sexual sensation and other problems.

Symptoms of CES vary in intensity and may evolve slowly over time. However, one should seek treatment immediately if experiencing the following symptoms:

Bladder and/or bowel dysfunction, causing urinary retention or the inability to move your bowels.

Severe or progressive problems in the lower extremities including loss of or altered sensation between the legs, over the buttocks, inner thighs and back of legs (saddle area), and feet/heels.

Pain, numbness or weakness spreading to one or both legs that may cause stumbling or difficulty in walking.

Often times, emergency surgery is required to decompress the nerves. The surgery can prevent irreversible damage.

The Pittsburgh law firm of Rosen Louik & Perry, P.C. has represented victims of medical malpractice involving the misdiagnosis of spinal cord injuries and CES. Medical malpractice can occur when a doctor or other medical provider neglects to properly care for a patient during treatment or when they fail to properly diagnose (or delay in diagnosing) a condition.

If you have been a victim of medical practice or someone you love has died because of a medical provider’s error, carelessness, or neglect, it is important that you speak with an experienced medical malpractice lawyer who can evaluate your case for you and file a claim on your behalf. Contact the Pittsburgh, PA medical malpractice law firm of Rosen Louik & Perry, P.C. today for your FREE consultation.

According to a recent article published on MSN.com., many men are getting unnecessary prostate cancer blood tests. In many instances, the patient is either too young or too old. The most current guidelines do not recommend PSA screening for men younger than 40 years of age, older than 75, or for men who are expected to live less than another 10 years. However, the study found that many men in these groups are still getting the tests.

The American Cancer Society recommends that men at high risk for prostate cancer, which includes African Americans, and men with a family or personal history of the disease, should begin undergoing yearly digital rectal exams and PSA blood tests between the ages of 40 and 45. Otherwise, men with average risk should begin screening at age 50.

In a study conducted by the Veterans Affairs Boston Healthcare System and Harvard Medical School, a research team collected data on almost 106,000 men treated at Veterans Health Affairs facilities across New England from 1997 to 2004. Of the more than 232,000 PSA tests given, 16.1 percent were found to be unnecessary. Among this group, 15.3 percent were given to men older than 75, and 0.8 percent were given to patients younger than 40.

PSA level is affected by many factors other than cancer, including an enlarged prostate or benign prostatic hyperplasia (BPH). This means that PSA results can lead to an over diagnosis of prostate cancer, along with missing cancer in younger men. Changes in PSA levels over time are the key to using the test correctly. For men in their 40s, a steady rise of PSA of more than half-a-point a year is a likely indication of prostate cancer. For men in their 60s or 70s, a rise of one point or more may be an indication of prostate cancer, but once BPH starts, PSA readings become less predictive.

At the Pittsburgh medical malpractice law firm of Rosen Louik & Perry, P.C., our lawyers have represented victims of medical malpractice involving the misdiagnosis of prostate cancer. Medical malpractice can occur when a doctor or other medical provider neglects to properly care for a patient during treatment or when they fail to properly diagnose (or delay in diagnosing) cancer.

If you have been a victim of medical practice, or someone you love has died because of a medical provider’s error, carelessness, or neglect, it is important that you speak with an experienced medical malpractice lawyer who can evaluate your case for you and file a claim on your behalf. Contact the medical malpractice law firm of Rosen Louik & Perry, P.C. today for your FREE consultation.

Police in Greene County reported a fatal crash involving a three month pregnant woman on Sunday morning. Her 37-year old passenger was ejected from the vehcile and is listed in critical condition.

Motor vehicle accidents can lead to serious, life altering, and permanent injuries, as well as death. If another person or party’s negligence caused the accident, it is important that you contact a personal injury lawyer who can help you evaluate the extent of your injuries and file a claim for you. Often, insurance companies try to settle claims quickly and inexpensively without concern for your best interest, and it is not uncommon for insurance companies to try to settle accident claims for less than what you are actually entitled to.

Our personal injury lawyers represent people injured in all kinds of motor vehicle accidents involving cars, trucks, motorcycles and other motor vehicles. A good personal injury attorney can help you recover compensation for your injuries, including medical bills, pain and suffering, and/or any lost wages.

If you or a loved one has been seriously injured in a motor vehicle accident, in the state of Pennsylvania, or its surrounding states, due to the negligence of someone else, it is important that you speak with a personal injury lawyer who specializes in representing victims of motor vehicle accidents. Filing an injury claim can be complicated, and you want to retain the services of an attorney who can help you obtain the best results for your case, as well as the maximum recovery possible. Contact the experienced personal injury lawyers at the Pittsburgh law firm of Rosen Louik & Perry, P.C. for a FREE consultation.

Continue Reading “SUV Crash Kills Pregnant Woman in Greene”

According to the Center for Disease Control, 3,300 deaths were caused by drowning or submersion in 2000, with 25% of the victims being children under 16. Although drowning can occur in a number of places, including public and private swimming pools, open recreational waterways such as lakes and ponds, spas, hot tubs and even bathtubs, many of these accidents occur in backyard swimming pools. About 350 children under the age of 5 drown in backyard pools each year. Drowning is the second leading cause of death for this age group after motor vehicle accidents. Another 2,600 children are treated in hospital emergency rooms each year for near-drowning incidents. In non-fatal cases, an estimated 20% percent of victims suffer severe, permanent neurological disability due to brain damage, which can generally result after four minutes of submersion.

Property owners are responsible for providing reasonable and effective barriers to their property, especially if they have a pool or hot tub, because these features are considered an attractive nuisance. However, proving a property owner’s negligence can be difficult. An early and thorough investigation is necessary to handling these cases.

If you or someone you know has died or suffered a serious injury as a result of a swimming pool accident, please contact the Pittsburgh, PA law firm of Rosen Louik & Perry, P.C. Let our experienced team of personal injury lawyers help you with your case. Contact us today for a FREE consultation.

According to a recent article published on CNN.com, prostate cancer prevention is a “hot” area of medical research. Cancer prevention is something we all should practice, and deciding a course of prevention is entirely up to you. However, you must keep in mind that some known risk factors of prostate cancer, such as age, race, and genetics, are beyond individual control.

Diet and exercise are always mentioned with regard to preventing all types of cancer. Eating a variety of healthful foods, with an emphasis on fruits and vegetables, and limiting your intake of red meats, especially high-fat or processed meats, are important Everyone should strive to eat five or more servings of fruits and vegetables each day. Furthermore, physical exercise and maintaining a healthy weight are key in cancer prevention.

Get screened. Though regular screening for cannot prevent certain cancers, it allows for an early diagnosis, thereby increasing the chances of surviving cancer. Consult your family physician and discuss screening tests.

At the Pittsburgh, PA medical malpractice law firm of Rosen Louik & Perry, P.C., we have represented victims of medical malpractice involving the misdiagnosis of prostate cancer. Medical malpractice can occur when a doctor or other medical provider neglects to properly care for a patient during treatment or when they fail to properly diagnose (or delay in diagnosing) cancer.

If you have been a victim of medical practice or someone you love has died because of a medical provider’s error, carelessness, or neglect, it is important that you speak with an experienced medical malpractice lawyer who can evaluate your case for you and file a claim on your behalf. Contact the Pittsburgh, PA medical malpractice law firm of Rosen Louik & Perry, P.C. today for your FREE consultation.

With the increasing number of surgical procedures being performed in the United States, it’s not surprising to also see an increase in surgical errors. Errors occurring during surgery can take many forms, including:

Drug errors or medication overdoses
Anesthesia overdoses
Wrong surgical procedure, such as the removal of the wrong tissue, limb, or organ
Accidentally leaving a surgical instrument in the patient's body (including sponges, retractors,
surgical towels). The CDC says that in the last few years, this type of medical error has injured
almost 15,000 patients
Misreading a medical chart or medical history
Scalpel slips that cut into nearby organs, perforating bowels, a uterus, a bladder or a ureter
Improper medical clearance for surgery
Failure to diagnose and treat a post-operative infection
Wrong surgery for the correct diagnosis
Damage caused by a scheduled surgery, which can occur when a physician fails to inform a patient
before the surgery about the risk of damage

Even the most experienced and skilled surgeons can commit a surgical error. While every case is unique and results can vary, our law firm’s thorough investigation and dedication to provide the best legal service has contributed to our success in representing vicitims of surgical accidents. If you or someone you love has been the victim of a surgical accident, please contact the Pittsburgh, PA law firm of Rosen Louik & Perry, P.C. for your FREE consultation.