Philadelphia Injury Attorney Blog

Having back surgery is scary enough. In fact, it is the surgery that I most fear due to potential risks and complications. As a matter of fact as an experienced Philadelphia medical malpractice attorney, I have seen some fairly complex, unfortunate, and preventable complications occur due to medical malpractice. Recently a colleague of mine went to a well known local physician for back surgery and woke up with post-operative visual loss (POVL). It was determined that the same was caused by the failure of anesthesiologists to monitor blood status and maintain blood pressure during a long spinal surgery.

Unfortunately, one can suffer changes in vision and sometimes total blindness after a major surgical procedure. In particular, multilevel surgery on the lumbar spine is known to be associated with visual loss. Although the incidents of POVL ranges from 0.05% to 4.5% in surgical cases, the common cause of POVL is a decrease in blood and oxygen to the optic nerve, known as ischemic optic neuropathy. A duty to maintain adequate blood circulation oxygenation during surgery falls on the anesthesiologist. Blindness from poor anesthesia administration or technique is one of the top patient safety concerns among anesthesiologists but is often not routinely discussed with patients before surgery. Typically during a multi-level spinal surgery, the patient is placed face down and in this position, the patient’s abdomen is pushed in putting pressure on the diaphragm and lungs, causing decreased ventilation.

If you or a loved one have awakened from surgery with a visual deficiency or blindness, it is important to consult an experienced Pennsylvania malpractice attorney in order to fully investigate and protect your rights. It is important to investigate and obtain expert opinions from anesthesiologists or ophthalmologists in order to establish breach of standard of care, as well as causation. The defense will always try to argue that POVL is a rare, unpredictable, and unpreventable problem. Retaining an experienced medical malpractice attorney who has conducted a proper investigation both legally and medically would be a prudent step to take.

If you have sustained harm as a result of medical negligence, the experienced Pennsylvania medical malpractice lawyers at Reiff and Bily have been representing clients who have been injured by preventable medical errors for over 31 years with a successful track record. If you or a loved one is a victim of medical malpractice, please feel free to contact one of our experienced Philadelphia medical malpractice lawyers for a free, no obligation consultation at 1-800-421-9595 or online at www.reiffandbily.com.

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As one travels through life, he or she recognizes that nothing is so simple that it cannot be misunderstood. The greatness of a doctor is not cancelled by one act or a single error. There is nothing wrong with making mistakes as long as you don’t respond with encores and take responsibility for your actions or inactions. As experienced Pennsylvania medical malpractice lawyers, we have investigated and litigated many cases where a great doctor or friend of a client has made a serious medical error and has committed medical malpractice resulting in catastrophic consequences and unfortunately sometimes fatalities.

When a doctor makes a serious mistake and commits medical malpractice, there are generally life-altering consequences for the patient. Many times there is a cover-up of the true circumstances which leads to a medical disaster, and an experienced Pennsylvania medical malpractice lawyer must investigate and work with a team of experts to unravel the mysteries which conceal the truth. Our experience has shown us that with each serious medical malpractice claim, there is generally tremendous physical economic and emotional hardships faced by the victims that can often times be overwhelming.

At the Philadelphia medical malpractice firm of Reiff and Bily, we understand how a doctor’s mistake can impact your life and the loss of your dreams and hopes. We believe that all wrongdoers should be held accountable for the damages they have caused.

If you or a loved one has sustained an injury as the result of medical malpractice, please contact one of our experienced Pennsylvania medical malpractice lawyers for a free, no obligation consultation at 1-800-421-9595 or online at www.reiffandbily.com.

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Although Philadelphia juries have a national reputation for being prone to award verdicts in favor of plaintiffs, statistics just released indicate that the majority of medical malpractice cases in Philadelphia that come to trial have been concluded in favor of defendants. In 2009, 77% or 34 medical malpractice verdicts were in favor of the defendants while 23% or 10 verdicts were in favor of the plaintiffs. The amount awarded to plaintiffs was down drastically in 2009 to a total of $13 million. Filings of medical malpractice cases are down as records indicate that only 113 medical malpractice cases have been filed so far this year with three cases disposed of. In 2009, there were 507 medical malpractice cases filed and there were 568 cases filed in 2008. Many experienced Philadelphia medical malpractice lawyers are utilizing the services of alternative dispute resolution which provides an opportunity for the parties to get together and resolve their differences in a court room setting. These services skew the results of many cases and may cause verdict statistics to inaccurately reflect the success of plaintiffs with medical malpractice cases.

The experienced Philadelphia medical malpractice attorneys Jeffrey Reiff and Raymond Bily who sit as Judge Pro Temp for the Philadelphia Court of Common Pleas are very well aware that a good case is still a good case and that very few good cases are tried to verdict. There is a good likelihood that an alternative dispute resolution will be able to amicably resolve these matters saving all of the parties expense and risk. It should be noted that the drop off in medical malpractice filings in Pennsylvania and Philadelphia began when the state supreme court instituted measures requiring medical malpractice cases be filed in the counties where the alleged malpractice cause of action arose and that cases be filed with a Certificate of Merit from a physician stating there is a reasonable probability that a medical malpractice defendant deviated from the accepted standard of care.

If you or a loved one is a victim of Pennsylvania medical malpractice, please contact one of our experienced Pennsylvania medical malpractice attorneys for a free no obligation consultation.

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When patients go to doctors they normally entrust the doctor with quality medical care. On Monday, February 2, 2010, a Delaware Grand Jury returned an indictment against a prominent pediatrician accused of serial molestation in what could be one of the worst child sex abuse cases in the nation’s history. The 160 page indictment returned by a Sussex County Grand Jury charged Dr. Earl Bradley of Lewes, Delaware of 471 counts of sexual crimes against 103 children. As Delaware Attorney General Beau Biden was quoted as saying, “These were crimes committed against the most vulnerable among us - those without voices”. The charges against Dr. Bradley include rape, sexual exploitation of a child, unlawful sexual contact, continuous sexual abuse of a child, assault, and reckless endangerment.

As an experienced Philadelphia medical malpractice lawyer who has handled some of the most egregious and shocking cases of sexual assaults involving a physician, I am well acquainted with the physical and emotional consequences that can be suffered by the victims and their families as the result of such sexual abuse. The number of sexual assaults by physicians seems to be growing rapidly according to recent studies. Frequently this problem is noted in the field of psychiatry and an anonymous national survey indicated that roughly 10% of psychiatrists responded to having had sex with at least one patient.

Jury verdicts against physicians accused of sexual abuse are normally quite high. However, most often confidential settlements are entered into and many times the results of these claims are not accurately reported or available to the public. When a patient goes to a physician, they typically expect to be provided with a sense of care for their well being, trust, and security. Any physician who violates that trust and uses their position of authority to take advantage of a vulnerable patient should be prosecuted to the fullest extend of the law both civilly and criminally.

At the experienced Philadelphia medical malpractice law firm of Reiff and Bily, we have exhaustively handled similar cases and have carefully reviewed patient’s records to identify departures from the accepted professional protocols and have evaluated manipulative behavior utilized by healthcare professionals who take advantage of a patient. We not only demand financial damages, but we are prepared to deal with criminal authorities, licensing bureau, and work with prosecutors to make sure that those who commit such crimes are successfully prosecuted and isolated from the trusting public. When a trauma such as sexual abuse occurs, patients often retreat within themselves and such feelings of isolation and humiliation often prevent them from speaking out. Psychiatric counseling is often mandated. Sex abuse is never acceptable in life yet alone in any type of professional treatment. Almost always, sexual abuse results in serious psychological damage to the victim and many times the abuse can be so extreme that it results in suicide or commitment to a mental hospital. Many of these harms have been deemed to be permanent.

If you or a loved one has been sexually abused by a physician or other professional, please feel free to contact one of our experienced Philadelphia medical malpractice lawyers for a free no obligation consultation at 1-800-421-9595.

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Recently I reviewed a story attesting to horrific permanent vision problems after a Lasik procedure and it highlighted that many side effects continue to plague patients, prompting an FDA investigation. Unfortunately, I have my own sad tale to tell. Approximately 7 or 8 years ago, I went to a well known Lasik center in the Philadelphia metropolitan area and had decided to have Lasik surgery. I was extraordinarily nearsighted. I had problems after the first surgery so I was told to have a second revision Lasik surgery. After the second Lasik surgery, I could not see at all and literally felt I was going blind to the point where I sought immediate attention from a renowned academic ophthalmology expert and got on a plane and flew to a well known ophthalmologist and Professor of Corneal Medicine expert at Massachusetts Ear and Eye in Boston, MA.

The doctor agreed to see me and abruptly canceled his scheduled vacation plans and told me that I needed emergency surgery. I was in danger of losing my eyesight. He further informed me that I was never a proper candidate for Lasik surgery. I required two emergency surgeries and began a weekly commute back and forth from Philadelphia to Boston and sought a corneal retinal specialist to monitor my care in Philadelphia at Wills Eye Hospital. I became very well acquainted with the risks of Lasik surgery and also came to learn that there are many patients receiving the surgery that are not proper candidates for the procedure to begin with. In fact, many of the doctors are putting profits over patient safety.

Continue reading "A Lasik Surgery Nightmare - Personal Injury Lawyer Victim Speaks Out" »

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According to news reports, a Frankford man died while waiting to see a doctor in a Philadelphia hospital emergency room. The experienced medical malpractice lawyers at Reiff and Bily send their hearts and prayers to the family of Joaquin Rivera, age 63, who went into distress according to records at 10:56 p.m. He was struggling to breathe, brought his hand to his chest, and then fell still in his seat only to have his watch stolen 39 minutes later by one of the other emergency room occupants. Approximately 50 minutes after Mr. Rivera stopped moving, hospital personnel noticed that he appeared to be dead a witness in the waiting room told the police. According to news reports, Mr. Rivera came to the hospital emergency room complaining of symptoms and pains in his arm and when he appeared to be dying had his hands over his chest which would indicate that he was having chest pains. The family of Mr. Rivera would be well advised to seek the services of an experienced Philadelphia medical malpractice lawyer as it appears that hospital personnel did not act in accordance with emergency standards of procedure and care for someone who comes into the hospital with such symptomology. This case should be fully investigated by the State Department of Health, the hospital, police department and a medical malpractice lawyer who is well versed in this area of the law. According to news sources, a similar event happened in November 2007 when a woman also complaining of chest pains and had received an abnormal EKG also died in the emergency room’s waiting area.

From my own personal standpoint, I just visited a well known local hospital emergency room with my father who was gravely ill and was astounded by how crowded and understaffed the same was. Had I not been forceful or insistent for rapid and proper care on behalf of my parent, a tragic outcome most likely would have occurred.

Hospital emergency room malpractice and errors are all too frequent occurrences. Over 250,000 people die each year from emergency room errors in the U.S. This tragic and unfortunate situation illustrates that malpractice in an emergency room often leads to tragic and fatal results. Delays in treatment or care can result in serious and permanent injuries or fatalities. If you or a loved one has suffered a serious injury or death due to hospital emergency room negligence, please feel free to contact one of our experienced Philadelphia medical malpractice lawyers for a free, no obligation consultation.

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The other day while watching The Today Show early in the morning, I heard a prominent Republican stalwart calling for legislation reform in order to terminate the healthcare crisis. Lately, as the Democrats and Republicans engage in healthcare debate, town hall meetings are filled with politicians and lobbyists adhering to an emotional script of talking points that are totally unrelated to the reality of the situation.

In a column in the Orlando Sentinel on September 6th, Scott Maxwell lavished strong praise on the United States legal system specifically on its provisions in which “a single man wronged by powerful interests could seek justice from a panel of his peers” or “a woman who lost her child and is worried that another woman might lose hers,” can bypass the bureaucrats and turn directly to their fellow Americans for help. Yet now after two hundred years, we have people trying to undo the system and block the roadways to the court. All in the name of health reform. A careful review of the facts indicates that reform would do little to actually help the common man and that these same individuals standing on their soapboxes and screaming in town halls would be limiting their own rights.

Curiously enough this experienced medical malpractice and catastrophic injury lawyer has seen the hardest core court reform advocates turn to the courts for redress when in fact a serious or catastrophic injury has occurred to them or members of their families.

If you or a loved one has been injured as a result of medical malpractice, please contact one of our experienced Philadelphia medical malpractice lawyers at Reiff and Bily at 1-800-421-9595 or online at www.reiffandbily.com.

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As an experienced Philadelphia medical malpractice lawyer who cut his teeth as a criminal lawyer, I have been watching the media circus surrounding Michael Jackson’s death with a certain amount of curiosity. Last week on CNN, the breaking news was that Michael Jackson’s death was ruled a homicide when in fact the unsealed court documents indicated that Michael Jackson had lethal levels of the drug Propofol in his system. It seems that the investigation is being centered on a single doctor who prescribed and administered the medicine. We haven’t heard much about the pharmacist who prescribed the drugs which are indicated for use in an operating room under controlled conditions and not in a non-surgical scenario only to be administered in special and controlled circumstances.

Certainly, it would seem to this experienced malpractice lawyer that if the doctor knew or should have known that he was wrongly prescribing and administering Propofol then in fact he would be a likely target for criminal as well as civil prosecution.

Continue reading "Civil and Criminal Ramifications of Michael Jackson’s Death: Malpractice, Homicide or Both?" »

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Medical malpractice verdicts and settlements are “a drop in the bucket” in the scheme of healthcare cost containment. In the last few weeks, the bankruptcy of Chrysler and GM compromised the safety of the American public by providing legal loopholes in the bankruptcy plan that will shield Chrysler and GM from being held accountable for defective products that are ticking time bombs for families.

On June 15th, President Obama again vowed to remove the protection of the courts by telling an American Medical Association meeting in Chicago that his efforts to cut healthcare costs and increase coverage could not succeed without freeing doctors from the fear of lawsuits. The President stated that making U.S. healthcare more efficient will be harder if “doctors feel like they are constantly looking over their shoulder for fear of lawsuits.” While the medical community and the insurance community have consistently stated that malpractice awards and settlements are driving costs through the ceiling and making the system inefficient, Health Point, the largest malpractice insurer, has indicated that medical malpractice is “not a major driver of spending trends in recent years.” Studies indicate that medical malpractice reform would not have a huge impact on healthcare costs.

Continue reading "United States Spends $2.3 Trillion Dollars Annually On Healthcare" »

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The experienced medical malpractice lawyers at Reiff and Bily salute Pennsylvania Governor Ed Rendell’s signing House Bill 84 which prohibits healthcare providers from seeking reimbursement for a serious preventable medical error often called “never events.” According to sources, approximately 140 patients who experienced an adverse medical event that might be both serious and preventable die each year in Pennsylvania hospitals. The total charge of the hospital stays in which these deaths occur amounts to approximately $21.8 million dollars and approximately 3,500 patients a year survive an adverse event for which charges are an additional $316,000,000 a year.

In January 2008 The Department of Public Welfare implemented a policy to prohibit hospitals to bill Medicaid for 27 “never events” such as operating on the wrong patient, medication errors that result in death or disability, and bad blood transfusions.

Continue reading "Philadelphia Medical Malpractice Lawyer Applauds Pennsylvania Governor’s Signing Healthcare Bill Prohibiting Healthcare Providers Seeking Reimbursement For A Serious Preventable Medical Error" »

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The Pennsylvania Superior Court in a 6 to 3 majority decision stated that there is no reason to differentiate between general practitioners and a psychiatrist when rendering psychological care. The court ruled that both doctors maintain the same degree of trust. The doctor in the case before the Court prescribed psychiatric medicine, namely anti-depressants and anti-anxiety medications, and engaged in a sexual relationship with his patient while treating that patient for anxiety, depression or other psychological issues. The treating physician should not exhibit behavior leading to an extra-marital affair. The opinion stated “because of a patient’s often inferior knowledge about medicine and related conditions, a health care professional often has a position of superiority over his client.” As such, it is very common that the patient is in a vulnerable position and as a result, puts a high degree of trust and confidence in his/her doctor. In a prominent case that gained national attention many years ago, the experienced medical malpractice lawyers of the Philadelphia law firm of Reiff and Bily successfully recovered in excess of $1.4 million dollars for a client who was sexually assaulted by her treating psychiatrist.

If you believe that your doctor acted improperly by engaging in illicit sexual behavior or an extramarital affair while you were being treated for a psychological problem, anxiety, depression, or marital discord, you would be well advised to seek the advice of an experienced medical malpractice attorney. For a free no obligation consultation, please contact one of our experienced medical malpractice attorneys at 1-800-421-9595 or online at www.reiffandbily.com.

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According to sources and news reports, the Philadelphia V.A. Medical Center gave incorrect radiation doses to 92 veterans treating for prostate cancer during a six year period at the Veterans Affairs Medical Center in Philadelphia. The incorrect cancer treatment cases involve brachytherapy which involves implantation of radioactive seeds used to kill cancer cells. Most of the veterans received significantly less of the prescribed dose while others received excessive radiation to nearby tissues and organs causing catastrophic injuries or wrongful death. The New York Times characterized the Center as “a rogue cancer unit “.

The Philadelphia Inquirer noted that treatment errors occurred in 92 out of 114 cases. The Philadelphia V.A. Medical Center has taken all steps to prevent the terrible incidents of medical malpractice from occurring again.

Our hearts and thoughts go out to the unfortunate victims of medical malpractice and negligence that occurred at the Philadelphia V.A. Medical Center. The victims and their families would be well informed to seek the services of an experienced medical malpractice lawyer to investigate and evaluate their claims.

Reiff and Bily are experienced Philadelphia medical malpractice lawyers who offer a no-obligation, free consultation concerning victims rights and potential remedies. Please feel free to call us at 1-800-421-9595 or online at www.reiffandbily.com.

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Posted In: Catastrophic loss , Medical Malpractice , Wrongful Death

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On June 16, 2009, the Food and Drug Administration told the manufacturers of one of the country’s most popular cold medications, Zicam, to stop selling its nasal spray and swabs. In the last 10 years, approximately 130 consumers have filed complaints stating that they permanently lost their sense of smell after using Zicam.

The manufacturers of Zicam, Matrixx Initiatives, has suspended shipments of the products and they claim that the warning is not supported by scientific evidence and is asking the FDA for review. According to the New York Times, the company paid $12 million dollars to settle 340 lawsuits from Zicam users who claim that their product destroyed their sense of smell in 2006 and hundreds more lawsuits have been filed.

The Los Angeles Times reported that the company will be required to receive FDA approval if it wants to market the products in the future. The L.A. Times also reported that the company may have received 800 reports “of anosmia... associated with the use of the products from doctors and consumers, but has failed to report such reports to the FDA.

If you or a loved one has been using Zicam and have experienced any medical problems or have lost your sense of smell, you would be well advised to seek the services of an experienced medical malpractice or products liability lawyer to evaluate your condition and explore your legal options. Reiff and Bily are experienced product liability lawyers who are committed to promoting consumer safety. For a free no obligation consultation, contact us toll free at 1-800-421-9595 or online at www.reiffandbily.com.

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Posted In: Burns , Catastrophic loss , Medical Malpractice , Personal Injury , Product Liability , Wrongful Death

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Americans For Insurance Reform (AIR) has released 14 new fact sheets concerning medical malpractice and tort issues that may be part of discussions by Congress and the Administration in developing national health care proposals. According to a press release filed, the “fact sheets” together support the view that the legal rights of injured patients should be preserved and that any weakening of those rights will unfairly burden medical malpractice victims. Joanne Doroshow, AIR co-founder and Executive Director of The Center for Justice & Democracy stated “provision of health care should never be compromised or accomplished by taking away the right to trial by jury for someone legitimately injured, or by reducing the accountability of any hospital or provider that endangers patients. The fact sheets are titled as follows:

1. The Insurance Industry’s Investment Practices - Not the Legal System - Cause High
Malpractice Insurance Costs;
2. Costs of the Current Medical Malpractice System Are Much Lower than People Think;
3. The Defensive Medicine Myth;
4. Health Courts Are Unconstitutional;
5. Health Courts and Other Alternative Systems Are Intolerably Fair to Injured Patients;
6. The Significant Costs of Alternative Systems;
7. The Problem of Medical Malpractice and the Amount of Malpractice Itself;
8. Far from Being “Broken”, The Current Medical Malpractice System Works Well.
9. Litigation Improves Patient Safety and Establishes Responsibility for Errors.
10. Fear of Litigation Is Not Why Doctors Fail to Report Errors or Communicate with
Their Patients.
11. Juries Versus Cost Savings Is an Unacceptable Trade Off;
12. Eliminating Juries Means Fewer Cases Will Settle;
13. Lowering Insurance Costs for Doctors Requires Insurance Industry Reform;
14. Critical patient safety resolution will remove or sanction the small number of
bad doctors committing malpractice.

Continue reading "Philadelphia Medical Malpractice Lawyers At Reiff And Bily Note A New Study Reveals That Decrease And Elimination Of Medical Malpractice Claims Will Result In Negligible Healthcare Saving While Increasing Errors And Costs" »

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According to a report released by the administrative office of Pennsylvania court system, there was a 54% decrease in filing medical malpractice claims in Philadelphia in 2008. The abrupt decline in medical malpractice cases throughout Pennsylvania first occurred in 2003 when the Pennsylvania Supreme Court adopted procedural changes to reduce malpractice cases. Now all medical malpractice cases must be filed in the county where medical treatment occurred and must be certified by a medical expert. An attorney must obtain a certificate of merit from a medical professional to establish that the case fell below medical standards before bringing a lawsuit to court.

The experienced Philadelphia medical malpractice lawyers at Reiff and Bily still maintain that egregious medical malpractice cases can still be tried or settled with much success. An experienced medical malpractice attorney should determine at the outset whether or not liability is clear and damages are serious enough to warrant successful prosecution. Surprisingly, although the medical community has argued about excessive insurance rates, and despite a decline in the number of cases filed, Pennsylvania still remains one of the most costly states in the country to secure medical malpractice insurance for a physician. Doctors have long protested that high premiums for medical malpractice insurance will reduce the amount of business and limit plaintiff’s access to care. This lawyer is of the opinion that much of the medical malpractice “crisis” was based on selective misinformation and scare tactics utilized by the insurance industry who still continue to profit when physicians pay significant premiums unrelated to the realities of the situation.

Continue reading "The Amount of Medical Malpractice Claims Filed In Pennsylvania And Philadelphia Drops Noticeably - Philadelphia Medical Malpractice Lawyer Weighs In" »

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Posted In: Catastrophic loss , Medical Malpractice , Personal Injury , Wrongful Death

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The Philadelphia personal injury and insurance claim lawyers at Reiff and Bily call your attention to a recent ruling by the Supreme Court of Pennsylvania in Ace American Insurance Company v. Underwriters at Lloyds and Companies which upheld the importance of enforcing the plain and clear meaning of insurance contract language.

In the case at hand, Ace purchased a claims made and reported policy with Lloyds and the terms specifically stated that Ace must file a report or it must report a claim as soon as practicable and in no event no later than 90 days after the expiration date of the policy. The insurance company denied payment claiming that Ace failed to timely comply with the errors and omissions policy’s specific notice of claim requirements. Ace argued that the insurance company could not be denied a claim based upon late notice unless it could show harm or prejudice.

Claims made insurance policies provide an insurer a clear and certain cutoff date for coverage. In return, the insured typically pays a lower premium. Based on actual data, a claims made policy can be as much as 32% cheaper than an occurrence policy premium according to public records.

Continue reading "The Pennsylvania Supreme Court Renders Important Decision Upholding Denial Of Coverage For Late Notice" »

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Posted In: Insurance Claims , Medical Malpractice , Personal Injury , Product Liability

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On Monday, May 3, 2009 the Atlanta Journal Constitution featured an article noting that medical mistakes create unhappy realities. In the article, the following mistakes were highlighted: A surgical team at Northside Hospital was supposed to remove one of the patient’s breasts; however, performed a double mastectomy because of a mistake. At an Atlanta medical center, a surgeon drilled on the wrong side of a patient’s head before discovering the error. It also noted that at several Georgia Hospital’s doctors circumcised the wrong baby and doctors mistakenly operated on the wrong hand, knee, hip, leg and other body parts.

At the Philadelphia medical malpractice law firm of Reiff and Bily, we have noted that despite protocols and initiatives by a number of medical groups, we receive many calls to investigate and prosecute claims for wrong site surgeries, surgical sponges left inside individuals, as well as removal of body parts that were not intended to be removed. We have seen many cases where the doctor simply admits to the patient that he made an error but in many cases we see medical “cover-ups”. How often these incidences occur in hospitals in Pennsylvania and hospitals throughout the country is a well kept secret.

Last year there were 76 reports of wrong site incidences filed with statewide watchdogs in Pennsylvania. To the credit of the Commonwealth of Pennsylvania and as a result of the efforts of trial lawyers, an organization was formed focusing, collecting, analyzing and informing the public about patient safety issues. They suggested that patients take an active role to prevent medical errors and some tips to protect yourself are as follows:

1. Talk with doctors - Make sure you, your doctor and surgeon agree on what is to be done.

2. Read paperwork - When signing consent forms and working with schedulers make sure that they all have the correct information about the surgery, including which side is to be operated on.

Continue reading "Doctors Make Mistakes Increasingly Resulting In Unhappy Reality For Patients" »

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Posted In: Catastrophic loss , Medical Malpractice , Misdiagnosis , Negligence , Personal Injury , Wrongful Death

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It is not uncommon for the experienced Philadelphia medical malpractice lawyers at Reiff and Bily to receive inquiries from victims of medical and hospital errors ranging from infection to leaving surgical instruments inside a patient which were easily preventable medical errors if proper checks and balances were followed. Worse yet, hospitals and doctors continue to bill and charge patients for the cost of treating these medical mistakes.

Presently, a bill has cleared the New Jersey State Senate and has been forwarded to the assembly which would prevent hospitals from charging anyone for serious medical errors. This legislation would also require states to make public individual hospital errors while currently hospitals are only required to report preventable life-threatening mistakes and the state only releases total numbers and not for individual hospitals. Under the current bill, the state would have to publish how often certain errors occur at each hospital. While the field of medicine is never without mistakes, it is important to increase transparency and require hospitals and physicians to assume the costs of preventable errors. According to statistics, 98,000 Americans die every year from preventable medical mistakes, which is almost 2,000 people per week.

Continue reading "Who Pays For Preventable Medical Errors" »

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Nursing home abuse and elder abuse is simply inexcusable. The Philadelphia nursing home abuse law firm of Reiff and Bily recognizes that nursing home and assisted living residents are some of the most vulnerable and defenseless victims of personal injuries.

On May 4, 2009 Pennsylvania Congressman Joe Sestak announced the introduction of the Patient Safety and Abuse Prevention Act which would prevent those with criminal histories from working in long-term care settings by creating a comprehensive nationwide system of background checks. The legislation would expand a highly successful three year pilot program which would prevent more than 7,000 applicants with a history of substantiated abuse or a violent criminal record from working with and preying upon elders and individuals with disabilities in long term care settings. The Bill calls for states to establish coordinated systems that include checks against abuse and neglect registries and a State Police check which facilities can utilize on a voluntary basis. The measure also adds a Federal component to the background process by screening applicants against the FBI’s nation database of criminal history records. Apparently, thousands of individuals with a history of substantiated abuse or criminal record are hired every year to work closely with exposed and defenseless seniors within our nation’s nursing homes and other long term care facilities.

Statistics indicate that currently over 91% of all nursing homes and assisted living facilities are improperly staffed and the situation continues to worsen with the devastation of the economy. Most abuse cases are not reported and statistics reveal that the source of abuse often comes from improperly screened care givers. We anticipate and trust that Congressman Sestak’s proposed legislation will go to great lengths to reduce this alarming statistic and increased frequency of nursing home neglect.

At the Philadelphia nursing home abuse law firm of Reiff and Bily, we have successfully handled thousands of cases since 1979 recovering in excess of $150,000,000 for our clients. We believe that nursing homes and assisted living facilities must be held accountable for the poor treatment of our loved ones in their golden years. We have considerable personal experience with these matters and will work with you and our experienced team of experts and investigators to represent your rights. Call today for a free consultation with a nursing home or elder abuse and neglect lawyer to evaluate your nursing home negligence case at 1-800-421-9595 or online at www.reiffandbily.com.

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Posted In: Elder Law , Medical Malpractice , Negligence , Nursing Home Abuse/Neglect , Personal Injury , Wrongful Death

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As many of you may or may not be aware, on May 1, 2009 the Food and Drug Administration advised people to immediately stop using the dietary supplement Hydroxycut which is linked to serious liver injuries and death. In its warning, the FDA identified 23 reports of Hydroxycut causing liver damage. The maker of Hydroxycut has also agreed to recall all Hydroxycut products. FDA recall notice.

Hydroxycut products are manufactured by Iovate Health Sciences Inc. of Ontario, Canada and distributed in the U.S. by Iovate Health Sciences USA near Buffalo, NY and is used by people trying to lose weight, as well as by bodybuilders looking to tone muscles. Because Hydroxycut is a dietary supplement it can be purchased in most grocery stores, health food stores and pharmacies. Hydroxycut products are heavily used as reports indicate that there were 9 million units sold in the United States in the last year.

We are investigating all Hydroxycut claims and reviewing cases where there has been liver failure, liver transplant or death from liver failure. Please feel free to contact the Reiff and Bily with any questions or concerns at 1-800-421-9595 or online at www.reiffandbily.com.

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Posted In: Medical Malpractice , Negligence , Personal Injury , Product Liability , Wrongful Death

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The Philadelphia catastrophic personal injury law firm of Reiff And Bily is pleased to announce that Andrew A. Solomon has recently joined our firm. Mr. Solomon has extensive experience representing plaintiffs in complex medical/professional negligence, products liability, civil rights and complex personal injury matters throughout the Commonwealth of Pennsylvania since 1976. His practice has associated him with Marshall Bernstein, Esquire, Lawrence Evans Grant, Esquire, Thomas B. Rutter, Esquire, Andrew E. DiPiero, Esquire, John Dodig, Past President of The Philadelphia Trial Lawyers Association.

Mr. Solomon has tried numerous complex personal injury cases to significant verdict.

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Posted In: Catastrophic loss , Medical Malpractice , Personal Injury , Product Liability

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A recent study by Johns Hopkins Medical Institutions has indicated that diagnostic misadventures represent a much larger source of preventable health problems and deaths than many of the more popular targets. If fact, David Newman-Toker, M.D., Ph.D. and Peter Pronovost, M.D., Ph.D. reported that misdiagnosis accounts for an estimated 40,000 to 80,000 deaths per year and that legal claims for diagnostic errors defined as diagnoses that are missed, wrong or delayed are nearly twice as common as claims for medication errors. (news article)

Placing the focus on reducing diagnostic errors will emphasize the reduction of larger "system" failures that affect medical practices overall. What this means is that increased focus will move away from the model that chastises the malpractice for individual physicians to one that focuses on improving the medical system as a whole which should in the long run improve diagnostic accuracy, as well as the cost effectiveness of care.

The Philadelphia medical malpractice law firm of Reiff and Bily believe that a systematic approach and solutions adopted by hospitals and doctors requiring physicians to follow a procedural check list that emphasizes proper diagnosis will result in a decrease of catastrophic injuries and deaths.

Continue reading "Philadelphia Medical Malpractice Lawyer Notes That The New Focus Of Patient Safety Experts Is On Diagnostic Errors" »

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Posted In: Catastrophic loss , Medical Malpractice , Misdiagnosis

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Often times, surgical operations are bloody procedures. They involve the use of hundreds of instruments and dozens of surgical sponges which are gauze-like pads used for sopping up blood. Each time the doctor asks for a surgical sponge, a nurse is to count them aloud before handing them over, which is a standard way of keeping track of equipment to make sure no sponge is left behind.

Prior to closing the patient, at least one other count or exchange takes place between the surgical nurse and the surgeon. The Chief Surgeon is the "captain of the ship" and has a duty to make sure no instrument or sponge is left inside the patient. Otherwise an x-ray will have to be taken to detect one or more of the reflective strips on each sponge or the surgeon will have to go inside an open cavity, pushing organs around to hunt for lost instruments.

In one of the cases handled by the expert Philadelphia medical malpractice lawyers at Reiff and Bily, an unwanted souvenir of a surgical procedure was left inside a patient's body causing catastrophic injuries. For more than a year, our client walked around unaware of a surgical sponge that she carried inside of her body while she spiked fevers and had numerous infections and returned to her doctor complaining of the same. The client had to be hospitalized repeatedly until the client almost died from her uncertain cause of infection and injury.

Continue reading "Noted Philadelphia Medical Malpractice Case Receives National Attention and Sparks Controversy: No Sponge Left Behind" »

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Posted In: Medical Malpractice

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Many of you, including myself, have had the occasion to visit the hospital during the holiday season. What you normally observe is that many doctors and staff are on vacation and temporaries are brought in who may or may not be familiar with the normal routine of the hospital. Martine Ehrenclou M.A. has written a book entitled Critical Conditions: The Essential Hospital Guide To Get Your Loved Ones Out Of the Hospital Alive that I highly recommend. This very worthwhile book highlights issues that the Philadelphia medical malpractice law firm of Reiff and Bily have known, researched, and litigated for all too long a time.

When your loved one is in the hospital, your natural instinct may be to surrender control to the hospital staff or doctors because you believe that they know what they are doing. For the most part they do; however, we must recognize that no matter how skilled and committed these individuals are to your or your loved one’s case, they are overloaded and sometimes short staffed as is the situation over the holiday period.

Continue reading "You May Not Be As Safe As You Think If You Go To A Hospital During The Holiday Season" »

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Posted In: Medical Malpractice

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The most expensive healthcare system in the world per capita is also the most dysfunctional. The United States maintains the most expensive health system in the world per capita. According to recent studies the US lags behind many other countries on many health statistics. Surprisingly, infant mortality in the United States is more than twice as high in Japan, Norway and Sweden and worse than in Poland and Hungary. According to the Center for Disease Control, 1.7 million Americans will acquire an infection while in the hospital and nearly 100,000 of these individuals will die from the infection. Interestingly enough, between 50,000 and 100,000 patients will die each year from preventable medical errors. Health consumers are no different than retail consumers and they suffer from the tragic effects of preventable medical errors. In fact, when a health provider or hospital makes a mistake, many end up paying for it for the rest of their life. In what other business does one charge you or seek money from you for a condition acquired by their own negligence? Typically, when one acquires a disease while in the hospital, the hospital will charge for the hospital acquired conditions. These conditions may include articles left in the body after surgery, blood infections, urinary tract infections, surgical site infections, etc. At the Philadelphia Medical Malpractice Law Firm of Reiff and Bily, we believe that hospitals and doctors should be held accountable for preventable medical errors or the mistakes they make, just like anybody else.

Continue reading "The Most Expensive Healthcare System in the World is also the Most Dysfunctional" »

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As a Pennsylvania insurance claims attorney, with a 30 year history of representing catastrophically injured plaintiffs and disputes against insurance carriers solely on a contingent fee basis (we don’t get paid until we win), obviously the financial concerns of the insurance companies and their ability to pay claims is on the front burner in our law firm. In the past few weeks, AIG has been front and center in the headlines. This was followed by an incident with Conseco which was written about in my blog of October 13, 2008.

On October 1, 2008, Senate Majority Leader Harry Reid emerged from a luncheon on Capitol Hill and after speaking briefly to reporters about the financial crisis, mentioned that another insurance company was in danger of following AIG into failure. He mentioned “one of the individuals in the caucus today talked about a major insurance company, with a name that everyone knows, that’s on the verge of going bankrupt.” The Senator stopped short of identifying the insurance company. However, the stock market acting in a nervous fashion revealed that shares of Prudential, Hartford Financial Services and MetLife decreased in value on the following days and have been struggling to recover. The rumor mill continues to circulate rumors and facts, non-facts and supposed facts about various individual companies, solvency of insurance companies, and general doom and gloom predictions. Shares of stock in insurance companies fluctuated wildly on the New York Stock Exchange. Prudential Financial warned last week that it would miss third quarter forecasts due to a series of hefty charges on negative results of investments. MetLife recently raised an additional $2 billion dollars in capital by selling 75 million shares at a discount, while Hartford Insurance Company received a $2.5 billion capital injection from German financial services company, Allianz. To make matters worse, many insureds can no longer afford rising rates.

Continue reading "SPECULATING ABOUT THE FINANCIAL HEALTH OF INSURANCE COMPANIES OTHER THAN AIG IN PENNSYLVANIA AND HOW IT AFFECTS CLAIMANTS" »

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Posted In: Auto Accident , Catastrophic loss , Insurance Claims , Medical Malpractice , Personal Injury

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The dictionary defines "hope" as the belief in a positive outcome relating to the events and circumstances in one's life. Hope implies a certain amount of despair; wanting, wishing, suffering or perseverance, believing that a better or positive outcome is possible even when there is some evidence leading to the contrary.

The term "false hope" refers to hope highly based on fantasy or an extremely unlikely outcome.

At the law firm of Reiff and Bily, our lawyers understand and respect the value of hope. It is our job to communicate the plaintiffs dreams and hopes to the insurance companies and ultimately to the juries who hear our cases. It is our job to prove that what the plaintiff is capable of doing or was capable of doing prior to an incident and identify the compensation necessary for the plaintiff to recognize the fulfillment of his dreams and goals. The lawyers of Reiff and Bily are not afraid to ask the insurance companies or juries to fully compensate plaintiffs for the loss of their dreams and hopes.

Hope was personified in Greek mythology as "Elpis". When Pandora opened Pandora's box, she let out all of the evils except one known as hope.

In law, damages refer to the money awarded to a claimant, also known as a plaintiff, following a successful claim in a civil action. Damages in personal injury or tort affairs are generally awarded to place the plaintiff in a position that he or she would not have been in had the tort or action not have taken place which put the person in the situation. Compensatory damages compensates the plaintiff for pain and suffering and loss of amenities and losses of hope. Examples of this include physical or emotional pain and suffering, loss of companionship, loss of consortium, disfigurement, loss of reputation, loss or impairment of mental or physical capacity, loss of life's pleasures, frustration, humiliation, degradation, and a non-inclusive list of other factors. This is not easily quantifiable and depends on the individual circumstances. We refer to it as, what is the value of hope? What is the value of the loss of a plaintiff’s loss of dreams and hopes that he had prior to the incident? We seek to recover full compensatory damages generally to place the plaintiff in a position in which he would have been had the offense or tort not taken place.

Continue reading "My Pennsylvania Personal Injury Attorney Reinforced the Value of Hope" »

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Posted In: Medical Malpractice , Personal Injury , Product Liability

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The high cost of litigation is ever increasing and these hired guns are out of control. Are they worth the money?

The costs associated with personal injury lawsuits are quite significant and rising every day. Many state that the overhead costs of malpractice and product liability lawyer litigation are exorbitant. Many Americans hear that lawsuits are rampant and frivolous, clogging the courts and depriving taxpayers of their funds. On the other hand, honest plaintiff attorneys maintain that they are the policemen of society and that frivolous lawsuits are an exception. Obviously, an experienced personal injury or product liability lawyer would have to be crazy to take a meritless claim which would result in a huge expenditure if the same attorney is working on a contingent fee basis.

The purpose of the tort system is to fairly compensate victims and make them whole by virtue of compensatory damages. Obviously, there are some lawyers who will take just about any case that walks into the door and hope that writing a few threatening letters or taking minimal action will scare their opponents into a quick and “easy A” settlement These are the types of lawyers the educated consumer should avoid. It is important, however, when seeking a lawyer to represent your interests, to remember that you get one bite at the apple and your lawyer should be qualified, insured, in good standing with the bar association, interested in your claim, screened for suitability and experience handling legal matters such as yours. The lawyers at the Pennsylvania personal injury firm of Reiff and Bily have 30 years experience handling thousands of carefully screened car accident, medical malpractice and defective products cases. They will carefully screen your case, investigate comprehensively and decide if it is worthwhile to pursue without wasting your time or their resources - as a result of such careful screening. They only accept approximately 30-40 percent of the clients that contact them. These distinguished Pennsylvania car accident attorneys have recovered in excess of 150 million dollars for their clients solely on a contingent basis.

Continue reading "Pennsylvania Personal Injury Attorney Weighs in on Expert Witnesses" »

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Posted In: Auto Accident , Medical Malpractice , Personal Injury , Product Liability

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Cosmetic surgery often presents risks that the normal consumer or patient is unaware of. In a world where beauty is overly emphasized, cosmetic surgery is far too often the answer many unaware consumers seek to resolve a problem that might not exist in the first place. Cosmetic surgery is normally marketed as a safe procedure, but if done incorrectly the consequences can be dire. All surgeries have hidden risks. The Pennsylvania medical malpractice lawyers at the Philadelphia law firm of Reiff and Bily have been researching and handling botched cosmetic surgery claims since 1979.

Cosmetic surgery has become more common over recent years as a quick panacea for self-improvement. Statistics show that there were nearly 11.7 million surgical and non-surgical cosmetic procedures performed in the United States in 2007, as reported by the American Society for Aesthetic Plastic Surgery (ASAPS). Surgical procedures accounted for nearly 18% of the total procedures with non-surgical procedures making up 82% of the total. Surgical procedures include liposuction, breast augmentation or reduction, eyelid surgery, and abdominoplasty (tummy-tuck). Non-surgical procedures include BOTOX, hyaluronic acid, and laser hair removal. For more surgical statistics please see.

Continue reading "Cosmetic Surgery – Is The Price Of Vanity and Beauty Worth The Risk Of Serious Injury Or Death?" »

Posted by Jeffrey M. Reiff | Permalink | Email This Post

Posted In: Cosmetic Surgery , Medical Malpractice , Personal Injury

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New technology can be a wonderful thing. Scientific and technological breakthroughs have had a major impact on the medical field and how surgeries are performed. LASIK surgery is a corrective surgery for people who want to regain better sight without the use of glasses or contacts. LASIK surgery can be very helpful, but if done improperly it can cause permanent damage and even blindness. The Pennsylvania medical malpractice lawyers at the Philadelphia law firm of Reiff and Bily have been researching and handling numerous medical malpractice cases since 1979.

LASIK or “laser-assisted in situ keratomileusis” surgery involves using a laser to cut a small flap in the eye's cornea to allow for reshaping of the corneal tissue with another laser to correct nearsightedness, farsightedness, or astigmatism. LASIK is not a new surgery, but it has not been around long enough for it to be a problem-free surgery. Long-term effects are still unknown and there are still risks to having the surgery done.

The US Food and Drug Administration (FDA) have received 140 reports of LASIK-related problems between 1998 and 2006 as reported by NEWSInferno. Although the FDA is reviewing complaints from LASIK patients, many have suffered from a variety of issues including blurred vision and dry eyes.

Continue reading "LASIK Surgery – Your Sight Could Be Permanently Damaged" »

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Posted In: Medical Malpractice , Personal Injury

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Medical doctors are supposed to be the expert in their field of medicine. It is always possible that those experts are not nearly as qualified as they should be. Many of these professionals often turn out to be better marketers than practitioners. Medical misdiagnosis, especially missed cancer diagnosis, will likely lead to a missed cure and often results in untimely death. The key to proper treatment is to catch problems early, and missing it prevents proper treatment. The Pennsylvania medical malpractice attorneys at the Philadelphia law firm of Reiff and Bily have been researching and handling numerous misdiagnosis cases since 1979.

Medical misdiagnosis can occur from a failure to properly identify lumps, failure to order proper scans, failure to properly evaluate or handle test results or scans, failure to follow up on results or refer to a specialist for further testing, failure to order a biopsy, misclassifying the type of tumor, or mistaking a cancerous tumor as being benign (non-cancerous) or a non-cancerous tumor as being malignant (cancerous). When a patient complains about certain symptoms, it is possible that their doctor will ignore the complaint due to previous medical history (such as a history of a certain type of pain). Ignoring complaints could lead to a misdiagnosis since the doctor is quick to dismiss complaints and actually ignores the symptoms. Misdiagnosis and professional negligence can cause delayed treatment that can greatly impact the chances of survival and the quality of life of the patient.

Continue reading "Was My Medical Condition Diagnosed By A Marketing “Expert” Or A Doctor?" »

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Posted In: Medical Malpractice , Misdiagnosis

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Nursing homes are meant to be a safe place where the elderly are taken care of by professionals who care and will treat your family members with respect. Staff members of the facility are presumed to abide to strict codes of conduct. However, that is not always the case. Some residents of nursing homes are subject to physical abuse, mental abuse, and neglect. The Pennsylvania nursing home lawyers at the Philadelphia law firm of Reiff and Bily have been researching and handling thousands of nursing home abuse and neglect cases since 1979.

CBS news reported that a congressional report in 2001 says 5,283 U.S. nursing homes, nearly one-third, have been cited for abuse. The report says more than 40%, or 3,800 abuse violations, were only reported after formal complaints from residents, their families or community advocates. Over 1,000 homes were cited for more than one abuse violation in a two-year period, 305 homes were cited for three or more abuse violations, and 192 nursing homes were cited for five or more abuse violations.

Continue reading "Nursing Home Abuse and Negligence – Safe or Sorry?" »

Posted by Jeffrey M. Reiff | Permalink | Email This Post

Posted In: Elder Law , Medical Malpractice , Personal Injury

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Often times, surgical operations are bloody procedures. They involve the use of hundreds of instruments and dozens of surgical sponges which are gauze-like pads used for sopping up blood. Each time the doctor asks for a surgical sponge, a nurse is to count them aloud before handing them over, which is a standard way of keeping track of equipment to make sure no sponge is left behind.

Prior to closing the patient, at least one other count or exchange takes place between the surgical nurse and the surgeon. The Chief Surgeon is the "captain of the ship" and has a duty to make sure no instrument or sponge is left inside the patient or an x-ray will have to be taken to detect one or more of the reflective strips on each sponge or to actually go inside an open cavity, pushing organs around to hunt for lost instruments.

In one of the cases handled by the expert medical malpractice lawyers at Reiff and Bily, an unwanted souvenir of a surgical procedure was left inside a patient's body causing abscesses and infections ending catastrophically. It appeared in excess of one year, our client walked around unaware of a surgical sponge that she carried inside of her body while she spiked fevers and had numerous infections and returned to her doctor complaining of the same. The client had to be hospitalized repeatedly until the client almost died from her uncertain cause of infection and injury.

Continue reading " Noted Philadelphia Medical Malpractice Case Receives National Attention and Sparks Contorversy: No Sponge Left Behind" »

Posted by Jeffrey M. Reiff | Permalink | Email This Post

Posted In: Medical Malpractice

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