Philadelphia Injury Attorney Blog

Rick Santorum, a Republican candidate for President, blames lawyers and medical malpractice lawsuits for unnecessarily driving up health care costs. He claims that he will push to limit payments to medical malpractice lawsuit victims and has repeatedly spoken about caps on medical malpractice recoveries. What Mr. Santorum fails to mention in his campaign speeches is that he testified in support of his wife when she filed a medical malpractice lawsuit that allegedly sought $500,000 dollars in damages, which was twice the cap in his original legislative proposal. According to sources Karen Santorum, the wife of Rick Santorum, claimed that a chiropractor left her with a back injury that will result in a lifetime of pain medication and restriction of mobility.

On the campaign trail when questioned, Senator Santorum told reporters that he backed limits and that his wife did not sue for pain and suffering which is the area he thought should be capped. The Judge in the Santorum case stated that a majority of the $350,000 jury verdict awarded to the Santorum’s was largely for unspecific losses and pain and suffering which he concluded was excessive. It is unfortunate however, that after practicing as a Pennsylvania catastrophic injury and malpractice attorney for over 30 years, I often find that the people that complain the most about lawyers are the ones that are the greediest when it comes time to the resolution of their own claims. When they are the victim or a family member is the affected victim, they have a totally different view and yes, they too become “greedy for justice".

I was regularly attacked by a prominent physician in Philadelphia who when dining with me or socializing with me would always chastise the efforts of myself and other trial lawyers committed to achieving justice for injured victims. When this doctor sustained a catastrophic injury as the result of medical malpractice, the sky was the limit for how much he wanted. He was no longer calling for the caps on damages that he was so arrogant and vociferous about before his accident.

Why is it that people will say anything to get them elected to office, yet when it comes time to a personal tragedy where they or their family member is a victim, it is a different set of standards?

I have always believed that a man should be judged by his actions rather than his words. I am not afraid to admit that yes, I am still “greedy for justice" when a wrongdoing occurs caused by the negligence of another or a defectively manufactured product.

I believe wholeheartedly in the American justice system and the average 500 year collective wisdom of American juries.

Over the last three decades our experienced Philadelphia trial lawyers have successfully represented individuals who were injured as a result of medical malpractice as well as product liability due to design and manufacturing defects. Over the last few years, we have witnessed a recall of many surgically implanted medical devices due to mechanical failures or design defects. Notably and more recently in 2010, Johnson & Johnson recalled its ASR XL DePuy tabular metal on metal hip implant after data from a recent study indicated that there was a more than normal failure rate identified due to component loosening, component misalignment, infection, bone fractures, dislocation, metal sensitivity, pain, tissue damage, and muscle damage.

Our DePuy implant failure and recall lawyers have been investigating and litigating a number of these cases, and our investigations have revealed that many renowned physicians who were using this device were also victims because they had not been warned by the manufacturer that the devices they were using and implanting in their patients were dangerous. While many lawyers have chosen to litigate against the physicians for malpractice and negligence, our skilled product liability lawyers understand that in an era of medical malpractice caps and severe limitations on medical malpractice verdicts, it is important to explore all of the alternatives and to look in other directions. In fact, a doctor who unknowingly implanted a defectively designed or manufactured product is now in a position to be one of the best witnesses and advocates for the plaintiff.

In another case of which we have learned involving botched circumcisions, a minimal offer was made by the medical malpractice insurance carrier. However, a skilled team of product liability lawyers decided to investigate and research the circumcision device itself. A circumcision tool known as a “mogen clamp" was routinely used by physicians performing circumcisions. Unfortunately an investigation revealed that the mogen clamp had been linked to numerous penile amputations, and unlike other circumcision tools did not provide for protection for the head of the penis and was designed so that the physician could not see the head of the penis when applying the scalpel to the foreskin. The device’s manufacturer and distributor removed it from the market in 1994 after an injury report but did not recall the clamp or send doctors a warning letter. In 2000, the FDA informed the circumcision tool’s manufacturer to warn all doctors who might be using the clamp. However, the company did not do so.

Very simply put, the underlying product liability cases in these situations are much stronger than a typical medical malpractice or negligence situation and serve as a perfect example of how a creative trial lawyer with years of experience can think out of the box and do what is best for his client when traveling down a road often less traveled.

The skilled Pennsylvania medical malpractice and product liability lawyers of Reiff and Bily have consistently placed the safety of consumers and patients above the bottom line of manufacturers who design and manufacture defective products, and we always offer a free, no obligation consultation. For more information, contact us toll free at 1-800-421-9595 or online at www.reiffandbily.com.

As an experienced Philadelphia personal injury and Philadelphia car accident lawyer, I have literally dealt with thousands of chiropractic care cases involving injured clients. For the most part, although many people and defense attorneys consider chiropractors to be “quacks" or “light and magic shows", mostly I have found that chiropractic manipulation proffered by the properly trained and caring chiropractor can be most beneficial.

In fact, I regularly require chiropractic manipulations and have benefited more therefrom than traditional physical therapy. Unfortunately on the other side of the coin remains the fact that many chiropractor’s offices are nothing more than accident mills operated by businessman or chiropractor more interested in making money rather than offering proper patient care and manipulation.

The underlying basis for chiropractic is the belief is that all physical diseases are the result of misplaced spinal bones and that subluxations of spinal vertebrae cause disease by interfering with the flow of nerve energy from the brain to the body=s tissues. Accordingly, spinal adjustments by a properly trained chiropractor are technically supposed to restore vertebrae to their proper places and allow brain energy to heal the diseased condition. Obviously in order to properly treat a disease or condition, it is completely necessary to have an accurate medical diagnosis as to what constitutes treatment. Many chiropractors administer spinal manipulation without first accurately making a proper medical diagnosis utilizing confirming x-rays, CT scans, or MRI studies and many types of chiropractic medical malpractice claims evolve when a patient sustains an injury or aggravation by manipulation of the musculoskeletal system or the spine where the patient suffers from an illness, disease, or other injury that was not diagnosed. For example, if there is a herniated disc with potential impingement on the spinal nerves and the chiropractor fails to diagnose this condition and engages in aggressive treatment that worsens the condition instead of prescribing immediate medical intervention or diagnosis, that chiropractor may have caused more harm to the patient and may be guilty of chiropractic malpractice. Many times chiropractors don't fully explain the situation to the client or patient and the patient receives treatment or some part of treatment without the informed consent necessary to make an educated decision. Sometimes cervical manipulation or a neck adjustment technique can be more devastating than helpful and can lead to a stroke. A neck adjustment by a chiropractor can cause a dissection of vertebrae or the carotid artery resulting in stroke. The number of chiropractic malpractice and manipulations that report in strokes is vastly under reported in medical literature due to the fact that many patients suffer irreparable brain damage and cannot remember the chiropractic manipulation. All manipulations carry the risk of life threatening accidents and it is important that if you are receiving chiropractic care to do your homework and make sure that you are not treating in an accident mill just focused on volume rather than quality care.

If you have sustained an injury that you believe was caused by chiropractic negligence or malpractice, the experienced and skilled Philadelphia medical malpractice attorneys at Reiff and Bily are always available to offer a free, no obligation consultation and work with the finest medical and chiropractic experts throughout the nation. We always offer a no recovery, no fee guarantee. For more information, contact us toll free at 1-800-421-9595 or online at www.reiffandbily.com.

As strange as it seems, surgery performed on the wrong side of a patient’s body is more common than one would think. In fact, due to a recent publication resulting from Freedom of Information requests, many more revelations of surgery performed on the wrong side of the body are being publicly acknowledged. While it is unquestionable that mistakes may occur during medical procedures, there simply is no excuse for wrong site surgeries. Simply stated, wrong site surgeries are always the result of carelessness, poor pre-operative planning, and an obvious lack of institutional control.

As an experienced Philadelphia medical malpractice attorney whose law firm has successfully litigated wrong site surgery cases for over three decades, we consider this medical error to be the most outrageous type of insult to the patient due to the fact that it forever changes the patient’s life with irreversible injuries and is so easily prevented.
Surprisingly the reporting of wrong site surgery is not mandatory in most states.

Recently when I went in for a minor surgical procedure on my elbow, I met with a doctor briefly after an IV sedative had been introduced prior to entering the operating room. The doctor asked me what I was there for and I asked told him “Why don’t you tell me?" attempting to have him acknowledge the site of the surgery so that I could confirm the same. Obviously at this stage of the game, even I was in an intoxicated state and under the influence of a sedative. Wrong site surgeries account for almost 15% of all reported medical mistakes and in many of the wrong site surgery cases we have investigated and litigated, many of the defendants, doctors, and nurses point the finger at each other without immediately acknowledging a mistake or properly assuming responsibility.

If you or a loved one has been a victim of wrong site surgery, why not put a team of experienced wrong site surgery and medical malpractice lawyers to work for you. Of course, we always offer a free, no obligation consultation. Recently, the accomplished Philadelphia medical malpractice firm of Reiff and Bily have joined forces with the legendary medical malpractice team of the Beasley Firm to create the Beasley Reiff Law Group. Together our attorneys have been awarded billions of dollars since the mid-1950's. For more information, contact us toll free at 1-800-421-9595 or online at www.reiffandbily.com.

For over thirty years, I have worked closely with the medical community in my capacity as a lawyer investigating and litigating cases involving closed head traumas and mild to severe brain injuries, as well as intracranial hemorrhages. Many times individuals who do not possess proper medical insurance do not receive adequate or proper screening after an accident or violent impact to their head. Left untreated, a mild TBI or intracranial hemorrhage can have a considerable impact in the reduction of one’s quality of life and can many times lead to death if improperly diagnosed.

Studies and statistics have indicated that African-American and Hispanic children are less likely than Caucasian children to receive cranial CT scans in emergency departments following minor head trauma according to a study presented at the 2011 American Academy of Pediatrics national conference. Many physicians that I have discussed this situation with claim that those who sustain a minor head trauma “are probably at low risk anyway" for a clinically important brain injury. However, one’s socioeconomic status or lack of insurance or ignorance of the insurance and billing systems should not stand in the way of a proper diagnosis and the safe practice of medicine. Many times an impact to the head is the result of a car accident, product defect, or other type of negligence, and third party’s and third party insurance companies may be responsible for medical bills and resulting financial, emotional, and payment of medical bills. Simply stated, I have noted that many individuals contact our office with symptoms of traumatic brain injury and closed head trauma and have not received proper medical treatment because they were afraid that they would be responsible for paying the bills and did not have adequate personal medical insurance. In fact, many hospitals and physicians will not treat these people unless there is a letter of protection from a lawyer representing them or the lawyer’s office has done the ground work to secure funding for the diagnostic testing. What we do know is that individuals with a moderate or severe traumatic brain injury have a much lower health-related quality of life at times compared to others. It is important to immediately diagnose and effectively treat a brain injury.

Continue reading "Why Is It That Mild Traumatic Brain Injuries and Intracranial Hemorrhages Are Not So Readily Diagnosed. Is It A Patient Or Medical Issue?" »

The City of Philadelphia is currently dealing with an EMS crisis where lives are being put at risk due to the fact that EMS units are still arriving late to calls nearly 40% of the time. It is an excepted standard that EMS units should arrive at the scene of an emergency in less than 9 minutes. Several years ago, City of Philadelphia audits indicated that EMS units were only achieving the standard 60% of the time. City Controller, Alan Butkovitz, stated “The City is putting lives at risk by failing to do all that it can to have EMS units arrive on time. The response time is still well below the 90% industry benchmark." Butkovitz stated that a major factor contributing to EMS inability to arrive on time is the overwhelming demand on the EMS system along with an inadequate number of paramedics. The City Controller made a number of recommendations to address this situation. However, of paramount concern is that the City of Philadelphia and Fire Department must take all necessary and reasonable steps to improve EMS response time and to increase the number of paramedics available to staff EMS vehicles.

The law firm of Reiff & Bily has joined forces with the Beasley Firm and together the Beasley Reiff Law Group now offers for free “My Lawyer - Travels With Me" iPhone and Android application to help Pennsylvania residents who are involved in a catastrophic accident.

The law firm of Reiff & Bily and the Beasley Firm are two nationally recognized law firms dedicated to serving those who have been catastrophically injured or wrongful death due to defective products, medical malpractice, premise liability, and amusement park or water park accidents. Together our lawyers have been awarded over $2 billion dollars in verdicts and settlements since the mid-1950's.

Our new “My Lawyer - Travels With Me" application will provide all of the tools to those injured in an accident to take timely and lawful action in order to protect their legal interests and financial future.

As a Philadelphia car accident and catastrophic injury lawyer who has been representing catastrophically injured victims, and their families, for more then three decades, I worry that internet and television marketing by many lawyers has led to a high number of victims and their families receiving what many would consider to be improper and inadequate legal representation. Many lawyers just look for an “Easy A". Too many times attorneys hoping to earn a quick and easy referral fee will spend tens of thousands of dollars even hundreds of thousands of dollars a month designing websites or TV advertising that inaccurately portrays their abilities. It is the goal of these attorneys to make perspective clients believe they are hiring experienced attorneys, who have recovered multi-million dollar verdicts, and are amongst the top car accident lawyers, truck accident lawyers, S.U.V. van rollover lawyers, medical malpractice lawyers, and Products liability lawyers in the field.

Lately I have received an alarming number of phone calls from seriously injured car and truck accident victims who were mislead by what I call a “parasite lawyer". A “parasite lawyer" is a lawyer who oftentimes lacks experience but attempts to conceal this by purchasing “black hat" internet links and creating embellished website content to make prospective clients believe they are hiring an experienced lawyer or law firm to represent their legal interests when in reality they are hiring a lawyer who simply thereafter refers their case to another attorney for a fee. I call this the “Easy A" system whereby an inexperienced attorney, or an attorney who has no interest in representing you or your loved ones, tacks a fee onto your recovery for doing nothing more then referring your case to another attorney. Frequently many of these marketing attorneys operate their websites from out of state and have creative advertising joint and cooperative ventures with other lawyers and law firms creating the illusion that they are something more then they really are. Always pay attention to the disclaimers and small print at the bottom or end of the advertisement as it quickly passes you by.

If you or a loved one has been injured in a car accident, truck accident, tractor trailer accident, bus accident, boat accident, S.U.V roll over accident, 15 passenger van rollover accident, amusement park accidents, premise liability accident, slip and fall accident, burned in a fire, bitten or attacked by a dog, the victim of inadequate security, falsely imprisoned, sexually assaulted, injured on a cruise ship, injured on a plane, in a construction accident or injured as a result of a defective product or medical malpractice you may be eligible to recover for your injuries.

As an experienced and highly rated Pennsylvania Super Lawyer with decades of experience, whose law firm has handled and collected hundreds of millions of dollars in recoveries for catastrophically injured victims, and their families, as well as those who have sustained wrongful deaths, I strongly advise that you personally interview the attorney who will be handling your legal case. Do not be afraid to ask for references. Make sure that he or she is regularly available to meet and speak with you about your case as it develops. Make sure your case is not being handed over to a paralegal or newly graduated lawyer who might lack the required experience. Inquire whether or not the lawyer has ever had any disciplinary issues or is even licensed to practice law in your state. Inquire about independent and non biased reviews of your lawyer from third party ranking or rating organization. Check the attorney's ranking on Avvo or the Martindale-Hubble record of standing. Never be afraid to get a second opinion from another lawyer if you don't like what you are hearing or don't feel comfortable as the case develops.

After all you only get one bite at the apple, and the selection of your lawyer may be one of the most important lifetime decisions that you will ever make.
Chance will always favor the prepared mind.

More and more businesses and health services are supplying medication offering injections or diagnosing and treating patients with doctors who really are not medical doctors but rather nurses with Ph.D.’s. Often these Ph.D. “doctors" are paid less than medical doctors. While there is no doubt that there are advanced practice nurses with Ph.D.’s that have excellent and fine medical skills, this is not always explained to individuals who seek medical advice or treatment and assume that the same is being provided by a medical doctor. Many clinics have nurse Ph.D.’s who are identified as doctors performing medical exams, and as an experienced Philadelphia medical malpractice attorney for over thirty years, I predict that this is something that will become more and more common in a tightened economy and as big business has a greater role in providing healthcare.

Interestingly enough, researchers show that the new Ph.D. degrees maintained by nurses who call themselves doctors have not brought higher fees to these mostly lesser paid providers from insurers from seeing patients. Certainly and understandably one can understand the frustration from physicians with medical degrees who have spent years of intensive study only to have confusion over the use of the term doctor and services performed by someone using the term doctor.

As an experienced Pennsylvania medical malpractice attorney who has been intimately involved in claims of malpractice against the healthcare industry for over three decades, I believe that clear communications must be made to the consumer about the correct educational background and medical degree of the “doctor" administering the services and that legislators ought to be more involved in defining the roles of these healthcare providers.

If you or a loved one has been injured as the result of medical malpractice, contact one of our experienced Philadelphia medical malpractice lawyers for a free, no obligation consultation. For more information, contact us toll free at 1-800-421-9595 or online at www.reiffandbily.com.

All personal injury cases involve unexpected encounters with others which goes the wrong way whether it be a car accident, slip and fall accident, or a product liability claim. As a personal injury accident lawyer who has represented thousands of clients for more then three decades I understand what it is to walk in the client’s shoes.

Many clients have come to my law firm after a frustrating experience with another lawyer who did not communicate in a timely or responsible manner with the client or victim’s family members after they had already been burdened by the financial and emotional pressures of a tragic accident. After the initial meeting, the smiling lawyer dropped off of the “communications map". When a personal injury lawyer is retained to represent a victim and their family after a catastrophic injury or wrongful death has occurred, it is perhaps one of the most important relationships that will ever be formed between individuals who may not have ever known each other before. It is important that the lawyer and the client communicate and make all major decisions together and have open conversations in a civil professional and cordial fashion. Litigation breeds anxiety in clients. It is important that the attorney communicate realistic ideas about the value of the client’s case and their prospects of success clearly and candidly.

The experienced catastrophic injury and wrongful death lawyers of Reiff & Bily have been litigating legal claims on behalf of injured clients involving medical malpractice, amusement park liability, defective products, and premise liability since 1979 and we always try to carefully explain the elements and issues of each case to all potential clients as well as explaining our burden of proof. As each case is unique, it is impossible to determine the value of a case in the initial stages, and past results do not necessarily guarantee similar results in a similar case. When something bad happens to a client, it is human nature to want to hear good news. However, one must be honest and candid with the client for the client to understand that our civil justice system is based upon concepts of fairness and reasonable restitution. Many clients mistakenly think that because they were in an accident, they are guaranteed a retirement check. This is not always the case.

When you go to a fine and experienced lawyer, it is analogous to going to a tailor to have a suit custom made. Every situation will be different and the experienced lawyer like the experienced tailor knows how to fit the unique facts of the situation in a custom and individual fashion in order to maximize the result. Years of experience not only benefits the client but also serves as an advantage when dealing or negotiating with insurance companies and defense attorneys who understand the character traits and integrity standards maintained by a particular lawyer or law firm.



Continue reading "Why It Pays To Hire An Injury or Accident Lawyer With Decades Of Experience and Who Has Had His Own Injury Claim – No Substitute For Experience and Empathy" »

For over a decade and a half, an online database that anonymously tracked physician health records of malpractice, medical errors, and medical discipline was available online to researchers and policymakers, as well as others seeking access to this information.

As an experienced Pennsylvania medical malpractice and defective product attorney who has spent decades litigating these claims, I believe that the reporting of medical malpractice errors and healthcare should become transparent and available to those citizens who take the time to perform independent research in order to become more informed about making an important decision. Loss of access to this information presents a problem to patient safety experts, researchers, and public policy analysts who identify important trends and problems involving delivery of healthcare by physicians.

As an experienced Philadelphia medical malpractice attorney, I believe patient safety and research should always be a priority and that consumers should always have the ability to perform research in order to make an informed decision. Additionally, the removal of this information makes it difficult to make informed public policy decisions concerning malpractice, or to perform peer review on medical licensing. I can think of no good reason to not make this information available.

If you or a loved one has been the victim of medical malpractice, please contact one of our experienced Philadelphia medical malpractice lawyers for a free, no obligation consultation. We have been representing catastrophically injured victims and their families for over three decades. For more information, contact us toll free at 1-800-421-9595 or online at www.reiffandbily.com.

When a catastrophic accident occurs, helicopter evacuation is often used to save lives. However, last year a record number of people died aboard helicopter medical evacuation aircraft.

In 2009, there was twice as many deaths as any other year and the accidents happened not only in bad weather but in good weather as well. Our office was recently contacted by an individual who was previously employed by a helicopter medical evacuation service where an investigation was commenced by the FAA and found numerous safety violations with one of the aircraft deemed unworthy and unsafe for flying. It is alleged that one of the Directors and mechanics is under investigation by the FAA and allegedly facing potential criminal charges.

As Pennsylvania catastrophic injury lawyers, we are familiar with heli-vac EMS programs and our lawyers have also litigated product liability and aviation disasters for many decades. I am somewhat concerned due to the fact that this industry has been slow to improve itself in the maintenance and safety arena and many operating shortcuts are being taken in the hopes of improving profitability and the bottom line. There are approximately 850 to 1,000 EMS helicopters operated in the U.S. privately and no doubt is a lucrative business as I have had many opportunities to review the bills and even pay the same on behalf of injured clients. A typical flight can cost in the arena of about $10,000 and each year approximately 500,000 people fly on EMS helicopters. Many pilots claim that the industry is “frustrated" that their emergency helicopters keep crashing killing people that they are trying to save as while operators and owners were advised continue to stress profitability above safety. Until the government mandates safety regulations with teeth, this is sure to be an area of growing concern. Nothing could be worse for the family of a catastrophic accident victim to learn of the death of a family member while being transported on a medi-vac helicopter that was designed to save their life.

Transportation and pilot experts claim that the FAA may not be moving as quickly as necessary and that this is an ever growing problematic situation. As emergency rooms in rural areas close down or are ill equipped to handle a catastrophic case, medivac use will be more and more common and safety should never be an option. The skilled catastrophic lawyers of Reiff & Bily have recently joined forces with the legendary Beasley Firm to create the Beasley Reiff Law Group. Together we have been awarded over $2 billion dollars in settlements, verdicts, and awards since 1958. For more information, please contact us toll free at 1-800-421-9595 or online at www.reiffandbily.com.

According to a recent story published in the Pennsylvania Business Journal, Pennsylvania ambulatory surgery facilities submitted 502 medication error reports to the Pennsylvania Patient Safety Authority over a five and a half year period through the end of last year. Unfortunately, there is a lack of medical literature accurately quantifying or addressing medical errors that occur in ambulatory surgical facilities and according to the Pennsylvania Department of Health, Bureau of Health Statistics and Research, Pennsylvania had 265 ambulatory surgery facilities which performed more than 960 procedures between July 1, 2000 and June 30, 2009.

Ambulatory surgery facilities are often utilized for general surgical procedures including but not limited to ophthalmologic endoscopies, colonoscopies, orthopedic, gynecological, urologic, and cosmetic procedures.

Recently a national quality forum approved for endorsement a list of 29 serious reportable events in health care. All Pennsylvania hospitals, ambulatory surgical facilities, and birthing centers are subject to reporting requirements under Act 13 and must submit with the authorities any “serious event incidents".

Unfortunately, as an experienced Pennsylvania surgical and medical malpractice attorney for over three decades I all too often investigate and prosecute claims of negligence and malpractice involving outpatient or ambulatory surgical centers. I am concerned that many times Philadelphia and Pennsylvania regulatory establishments fail patients who suffer harm or unfortunately wrongful death in an ambulatory surgery center. There appears to be a systematic weakness in Pennsylvania’s enforcement of healthcare facility laws with regard to application or enforcement against many ambulatory surgery facilities. In the pure world, ambulatory surgical facility should offer high quality cost effective alternatives to in-patient hospital surgical services. Almost 90% of ASC’s are privately owned by physicians and are increasingly jointly partnering with hospitals.

Unfortunately many ambulatory surgery centers do not meet federal safety standards which could lead to serious and catastrophic consequences for patients. Many times we have seen single use items reused and medical supplies with expired expiration dates used. Common types of errors cited in Pennsylvania ambulatory surgical facilities include drug omissions, administration of the wrong drug, failing to monitor errors, documenting allergies, confusion or mixup involving ophthalmology products of different pharmacological categories, differentiating lookalike products, operation on the wrong body part or wrong patient, surgical site infections, wrong drug errors, and failure to prophylactically deliver antibiotics.



Continue reading "Pennsylvania Medical Malpractice Lawyers Query The Safety Of Outpatient and Ambulatory Patient Surgery Centers Versus Inpatient Hospital Surgery Centers" »

As an experienced Pennsylvania medical malpractice attorney who is often surrounded by close friends, relatives, and family members who are physicians or members of the health care provider community, I often find myself on the opposite side of a discussion aimed towards lawyer hatred.

Unfortunately while many politicians and medical organizations speak against the legal profession using misleading statistics and boast about lowering insurance premiums, they fail to take into account that much medical malpractice is due to easily preventable and obvious medical errors that greatly impact the lives of patients and their families. Many times I find that a close friend who is a practicing physician or politician expressing disdain towards plaintiff medical malpractice lawyers will be the most aggressive plaintiff’s client against an offending medical facility or physician after medical malpractice occurs. Obviously they have now learned about the personal element of a tragic medical error.

Unfortunately in a tightened economy we see many more health care system failures due to cut backs and although many physicians or nurses never intend to harm a patient, often a breakdown in the system results in a catastrophic injury or death as a result of medical or hospital malpractice. Studies indicate over 33% of all hospitalized patients will experience some form of medical error. While politicians and the medical society speak of a widespread medical malpractice lawsuit crisis, what they fail to state is that the majority of the claims never lead to any plaintiff payments.

Our skilled Pennsylvania medical malpractice lawyers screen many potential medical malpractice claims every week and pursue a small percentage of the cases that we investigate and probably less than 1% of those will end up in litigation.

Most respected and experienced medical malpractice trial lawyers are not opportunistic and will only prosecute a medical malpractice case that has a reasonable chance of return due to the high costs and resulting likelihood of success. Juries are smarter than what politicians and doctors give them credit for.

Continue reading "When A Medical Error Is Committed Someone’s Mother, Father, Child, Or Relative is Affected Or Often Tragically Impacted - Medical Malpractice Lawyer Opines" »

Over the weekend, I had a chance to view an HBO documentary entitled “Hot Coffee". The documentary examined the dangers of so called “tort reform" and its threat to our civil justice system. As an experienced Pennsylvania catastrophic injury
and wrongful death attorney who has personally grieved with clients and witnessed some of the most unimaginable tragedies involving my clients over the last three decades, I feel that it is important that individuals understand that tort reform would block one’s ability to access our civil courts and take away their valuable legal rights.

“Hot Coffee" examines the roles of corporations, government, and complicit media in promoting tort reform and was a selection of the 2011 Sundance Film Festival. The stories that are highlighted in the film are similar to many cases that any experienced catastrophic injury or wrongful death lawyer has handled over a long career. The title derives from the McDonald’s hot coffee case which shocked a number of people with a substantial verdict. The verdict was “spun" by many tort reformists and corporate entities into a tale of fright for a largely unknowing American populace. However what most people were not aware of was that McDonald’s acknowledged that there were 700 prior burns and the woman burned by the cup of coffee had quite devastating injuries and not merely a minor superficial burn as many were led to believe. “Hot Coffee" reveals how caps on medical malpractice awards affect those who sustain injuries and require medical care for the rest of their lives. The film also highlights a case regarding mandatory arbitration clauses in employment contracts and how that has prevented a Halliburton employee who was raped while in a bunker will all fellow male employees from obtaining justice after being raped.

Many are told that trial lawyers are greedy and in fact, I admit that yes I am greedy for justice and sick of the relentless attacks on our civil justice system by big business and the government who continue to emphasize profitability and shareholder return instead of safety. We must aggressively protect one of the greatest gifts of being an American, namely our civil justice system. It is imperative that many know the whole story so that the misconceptions that people have regarding tort reform can be properly addressed. I assure you that after watching the documentary “Hot Coffee" your mind will be changed and you will think differently.

Despite new systems to eliminate medical and surgical errors, many busy surgeons still continue to operate on the wrong body part which is considered a “never, never event “. Recently I went in for minor surgery due to tennis elbow and was sedated in a waiting and holding area prior to be wheeled into the operating room at which point the doctor came up to me and said what are we here for today to which I responded him “Why don’t you tell me?"

Recently I read of a case involving a 4-year old girl who went in for surgery on her right eye. The surgeon even wrote her initials above her right eye to prevent a surgical mixup but during the surgery to fix a wandering right eye, the doctor erroneously operated on a healthy left eye. Doctors claim that in some procedures it is very hard to distinguish the target site from the healthy site and that they sometimes confuse identical or similar patient names. As a practicing Pennsylvania medical and surgical malpractice lawyer for over three decades whose law firm employs a team of registered nurses and medical legal professionals, we find that many times health professionals go through the motions but are in such a rush or hurry with a backlog of patients waiting for surgery that they delegate responsibilities and mistakes are made. Of course, the surgeon is the captain of the ship but all of those present during surgery, including the nurse, surgical assistant, interns, or residents have the right and should halt a surgical procedure if they see a safety step being bypassed. Surgeons should always mark a surgical site in advance of the operation and do what is considered to be a one last make sure in which other members of the surgical team ascertain that the correct patient is present and the correct site is revealed for the surgical site and that all medical records including x-rays and diagnostic tests match. It is bad enough to have to subject yourself to surgery. However when you wake up and discover that a wrong and previously healthy body part was operated on, the wrongdoers should be held accountable for their actions.

The experienced Philadelphia medical and surgical malpractice lawyers of Reiff & Bily have recently joined forces with the Beasley Firm and together our skilled medical malpractice attorneys have been noted for legendary work in the area of medical malpractice and surgical errors. Together our attorneys have been awarded over $2 billion dollars since 1958 on behalf of victims and their families. For a free, no obligation consultation contact us online at www.reiffandbily.com or toll free at 1-800-421-9595.

A Florida jury awarded the family of Kiarra Smith $19.2 million. Kiarra was prematurely born at 24 weeks gestation and weighed approximately 680 grams. Even though she was a premature baby, she was doing very well after delivery. Due to her young age, she did not have the suck and swallow reflex yet so she could not drink from a bottle. Kiarra had to receive her nutrition, Total Parental Nutrition (TPN), through an intravenous (IV) line until she was able to take formula from a bottle or breastfeed.

According to the Complaint, when Kiarra was about 15 days old, the pediatrician or neonatologist mistakenly wrote Kiarra’s weight in kilograms, instead of grams. That mistake in her weight caused Kiarra to receive 100 times the amount of vitamins and nutrients she was supposed to receive. As a result of the overdose, Kiarra developed brain damage due to metabolic acidosis and cardiac arrest. She is currently blind, wheelchair bound, and has Cerebral Palsy (CP).

Cerebral Palsy occurs when there is damage to a developing baby’s brain. In addition to causing problems with crawling or walking, it can also cause problems with breathing, speech, bowel and bladder function, eating, swallowing, learning, vision, and hearing. The brain injury or insult can occur either during prenatal period, labor, delivery, after birth, or within the first few years of life. Some of the early signs of CP can be a delay in crawling or walking, a lack of coordination, not reaching milestones, tight or stiff muscles, walking on toes, or a floppy, decreased muscle tone. Cerebral Palsy is usually diagnosed by the time the child is three years of age.

Recently the Pennsylvania medical malpractice lawyers of Reiff & Bily have joined forces with the Philadelphia, New Jersey, and Delaware personal injury lawyers of the Beasley Firm to form the Beasley Reiff Law Group. Our experienced medical and legal teams have had over $2 billion awarded for injured people like you or your baby. We have secured hundreds of settlements, verdicts, and awards in excess of $1 million dollars. For a free, no obligation consultation, contact us online at www.reiffandbily.com or toll free at 800-421-9595.

When my wife was pregnant with our second child, she craved anything with salt. When she was 32 weeks into the pregnancy, her feet and hands started to swell, unlike our first pregnancy when she only craved cantaloupes. Was her swelling due to her salt intake or was it preeclampsia?
As a father of five, I know that each one of my wife’s pregnancies were different. Each pregnancy exhibited completely different signs, symptoms, feelings, or cravings. Are you expected to know what feelings are a sign of trouble with your pregnancy? No. It is the responsibility of your obstetrician, physician, nurse practitioner, or nurse midwife to determine if your symptoms or complaints are something to worry about and treat.

If your doctor, nurse practitioner, or midwife do not diagnose or treat your pre-eclampsia or eclampsia, you can go on to develop seizures, placental abruption, eye problems, bleeding, liver damage, stroke, or even death. In addition, it may also cause a lack of blood supply and oxygen to your baby or cerebral palsy.

For the past 53 years, the Beasley medical malpractice law firm has successfully won personal injury, medical malpractice, and wrongful death cases with proven results. The Beasley wrongful death law firm is nationally known and well respected for the $2 billion it has been awarded for their clients. In addition to their experienced attorneys, they also have on staff two physicians and three registered nurses. Two of their nurses have over 30 years of bedside nursing experience caring for pregnant women who had preeclampsia, or eclampsia. Our collective knowledge assisted in obtaining two of the largest medical negligence verdicts in Pennsylvania history, $100 million and $55 million, as well as countless other multimillion dollar judgments and settlements.

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On Friday, February 18, 2011 a story was published in The Philadelphia Inquirer noting that Delaware State Police were seeking a medical resident on charges of having unlawful sexual contact with six female hospital patients under the guise of giving them physical examinations. Last week our office was contacted by a woman who claimed she was sexually assaulted while a patient in a hospital by a treating physician.

As an experienced medical malpractice attorney in Philadelphia who has litigated and resolved some landmark cases against physicians accused of sexual abuse, the ramifications to physicians accused of sexually assaulting can be catastrophic to both parties. Many states, including Pennsylvania, have legislation allowing for a civil cause of action for sexual abuse against a violating healthcare professional. Sex between a patient and psychotherapist or treating physician is something that should never occur and is unequivocally branded as wrong, unacceptable, and deplorable.

The legendary medical malpractice lawyers of The Beasley Firm together with the medical malpractice lawyers of Reiff & Bily have joined forces and are extraordinarily concerned when doctors, psychiatrists, and others in a position of power misuse their power against a person that they were supposed to be treating. No physician patient privilege exists in patient abuse, rape, and sexual assault cases. When a patient, particularly a woman, goes to a doctor, they have a reasonable expectation to believe that their safety, privacy, and dignity will be protected. Sexual assault by a medical and psychiatric professionals is an issue of major concern, and many of the victims trend into a spiraling downward mental dungeon requiring treatment by a skilled and knowledgeable professional.

If you have been treated by a physician, psychiatrist, or other healthcare professional and suffered harm such as a physical or emotional injury due to the professional’s breach of reasonable care, it is important that you contact an experienced and skilled medical malpractice or psychiatric malpractice attorney well versed in these areas to represent your legal interests so that you can recover compensatory damages. Since 1958, the legendary Beasley medical malpractice law firm has secured some of the largest medical malpractice verdicts in the Commonwealth of Pennsylvania as well as the United States and has been awarded over $2 billion. For a free, no obligation consultation, please contact us online at www.reiffandbily.com or toll free at 1-800-421-9595. As always, we offer a no recovery, zero fee guarantee.

On February 17, 2011, Medtronic SynchroMed infusion pumps were recalled due to a design defect that led to refilling errors where doctors unknowingly missed the device and injected powerful drugs straight into patients bodies. That design defect led to hundreds of reported injuries from the Medtronic SynchroMed pump, including deaths.

In January, Medtronic, Inc. sent an “Urgent Medical Device Correction" letter to doctors, hospitals, and health care providers warning them that there was a problem with the pumps that allow a “pocket fill," of medication that could cause serious injury or death due to drug overdose. In that letter, Medtronic indicated that there had been at least 351 reports of pocket fill problems. Due to the machine's design defect, eight people have died and 270 people required emergency care due to serious or life threatening injuries. Additionally, there were approximately 73 other incidents in which there were non-life threatening injuries or Medtronic did not know the outcome after the error.

Medtronic estimates that approximately 1 in every 10,000 SynchroMed drug refill attempts by doctors or health care professionals cause a pocket fill. However, the actual rate of occurrence could be much higher because many medical mistakes are not reported.

The Pennsylvania defective product and Medtronic Pump lawyers of Reiff & Bily together with the legendary Beasley Philadelphia product liability, wrongful death, and medical malpractice law firm has successfully represented the rights of injured consumers against some of the world's largest corporations and together have recovered awards on behalf of injured clients in excess of $2 billion dollars. If you or a loved one has sustained an injury and resulting damages as a result of a Medtronic Pump, please contact us online at www.reiffandbily.com or toll free at 1-800-421-9595.