Category: Medical Malpractice

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

Identifying Prescription Drug Errors

Prescription drug errors can occur at various stages:

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

Proving Negligence

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

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

Roles of Pharmacists and Physicians

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

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

Evidence to Support Claims

Gathering strong evidence is crucial in prescription drug error cases:

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

Conclusion

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

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

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

The Rise of Telemedicine

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

Common Issues in Telemedicine Malpractice

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

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

Legal Considerations

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

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

Evidence and Documentation

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

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

Conclusion

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

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

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

Factors That Could Lead To Birth Traumas

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

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

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

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

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

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

Takeaway

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

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

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

What Makes Medical Malpractice Cases Particularly Challenging

Medical malpractice cases are uniquely difficult to win because:

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

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

How Medical Malpractice Is Legally Proven in Pennsylvania

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

Duty of Care

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

Breach of Standard of Care

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

Causation

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

Damages

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

The Importance of Strong Legal Representation

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

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

Cooper Schall & Levy Will Handle Legal Procedures and Meet Deadlines

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

The Takeaway

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

Delayed diagnosis is a common medical mistake that forms the foundation for medical malpractice actions. Not all delayed diagnosis situations will, of course, equate to medical malpractice but many times this is the case. When a doctor or other medical provider fails to provide the requisite standard of care in evaluating a patient and their symptoms and using this information in the acceptable method to confirm a diagnosis, then they may be held liable for the damage the resulting missed diagnosis or misdiagnosis causes to the patient. Some mistakes regarding patient diagnosis cause more egregious damage than others. For instance, a diagnosis mistake regarding a cancer diagnosis can be devastating, and even fatal, to the patient.

Dangers of a Delayed Cancer Diagnosis

A cancer diagnosis can be difficult to ascertain, especially in its early stages. Doctors must be particularly adept at reading the subtle signs displayed by early cancer as the condition’s symptoms may be de minimis earlier on. However, once the cancer metastasizes or spreads to other parts of the body, then it may be more easily diagnosed. It may also, unfortunately, be more difficult to effectively treat.

Despite the subtlety of early cancer symptoms, a medical professional’s failure to properly observe said symptoms and identify other signs of a potential cancer in the patient can still lead to medical malpractice liability. If it is established that the medical professional had reasonable evidence that other, similarly situated, similarly trained medical professionals would take as evidence of cancer in a patient, then this could be considered medical negligence. If this oversight led to the patient suffering harm, then the medical professional could be held legally responsible for medical malpractice.

A delayed cancer diagnosis can have tragic consequences for a patient. This is due, in large part, to the fact that there is a key window of time in which cancer treatment will be most effective. The more time cancer is left undiagnosed, the bigger the opportunity for the cancer to grow in strength and spread to other parts of the body. Delayed diagnosis of cancer in a patient can mean extended and further invasive treatments for the patient. It can also increase the chances of the cancer proving fatal. So, a delayed cancer diagnosis can literally be the difference between life and death.

Treating physicians and other medical professionals tasked with a patient’s care need to be mindful of even the earliest symptoms of cancer. If not initially diagnosed, they should be mindful of signs of a delayed cancer diagnosis. For instance, if a patient’s symptoms have failed to improve despite their compliance with an active treatment plan put in place to address a different medical condition that may have presented with symptoms similar to cancer, then cancer may be the true underlying medical condition. If a medical professional failed to order appropriate testing considering the symptoms a patient presented with, then this may be another sign that there has been a delay in a cancer diagnosis. Miscommunications between different medical professionals can also signal a delay in cancer diagnosis, regardless of whether the medical professionals work in the same or different facilities.

Philadelphia Personal Injury Attorneys

Have you needlessly suffered due to a delayed cancer diagnosis? The dedicated team at Cooper, Schall & Levy are here to fight for you.  Contact us today.

Hospitals are supposed to be places where you can find relief and healing for your injuries and other health conditions. Unfortunately, some people receive substandard care at hospitals and, as a result, needlessly suffer. If you were harmed instead of helped at a hospital, you are likely wondering who you can hold legally responsible. Can you sue a hospital for your injuries? It’s possible.

Can You Sue a Hospital for Medical Malpractice?

In some cases, a hospital may be held legally responsible for medical malpractice under the legal theory of respondeat superior. Under respondeat superior, an employer can be held vicariously liable for the negligence of an employee who injured a person in the course of their job duties. This legal principle is in place because employers get the benefit of their employees’ work and should thus also carry some of the risk of employing an individual who may be negligent while working.

So, whether you can sue a hospital for medical malpractice can greatly hinge on whose negligence caused you harm. If it was a hospital employee, you are much more likely to be able to hold the hospital liable for your damages. If it was not a hospital employee, however, it is not likely that you will be able to sue the hospital for medical malpractice.

Who is employed by hospital? Usually, nurses are employed by the hospital. Medical technicians are also often employed by the hospital. There are, however, a number of contract workers at hospitals and the hospital will not usually be held responsible for the actions of contract workers. Doctors, for instance, are usually classified as independent contractors and have admitting privileges and certain hospitals. This means that, most of the time, a doctor at a hospital is not actually employed by the hospital in which they are working. So, should a doctor fail to uphold the requisite standard of care in treating a patient, it is unlikely the hospital can be held vicariously responsible for their negligence.

Further still, if a person is injured by a hospital employee while a doctor is supervising that hospital employee, you still might not be able to go after the hospital. It would require a fact specific inquiry into whether the doctor was responsible for supervising the hospital employee at the time the negligent act occurred. It would require looking to whether the doctor was present at the time the negligent act was committed and whether the doctor could exert enough control in that situation as to prevent the negligent act from occurring altogether.

In some cases, however, a doctor may actually be employed by a hospital and, in such cases, a hospital may be legally on the hook for medical malpractice. To determine whether a doctor is employed by the hospital, there will also need to be a fact specific inquiry that looks to the relationship between the doctor and the hospital. Does the hospital have any control over the doctor that would lend itself to an employer-employee relationship? This may include things like the hospital dictating the vacation time and working hours of the doctor. It may also include something like the hospital being able to establish the fee rates charged for the doctor’s services.

Philadelphia Personal Injury Attorneys

Have you suffered harm due to negligent medical care received in a hospital? Talk to the team at Cooper, Schall & Levy about your legal options for seeking compensation for your injuries. Contact us today.

Ophthalmologists are doctors specializing in the care of eyes and vision. These medical professionals are entrusted with their patients’ sight and, as such, their patients should be able to trust them to provide the highest standard of care. Should an ophthalmologist prove unworthy of this trust, and their negligence leaves a person worse off than they were before, the impact could be severe.

Ophthalmologist Malpractice

While small, the eye is a complex organ and one that we rely on to see the world. Those who seek to specialize in the treatment of eyes are required to go through rigorous training before they can practice in the field of ophthalmology. Still, mistakes do happen. The world of ophthalmology is not immune to malpractice, just as it is with any field of medicine.

When a patient is injured due to ophthalmologist malpractice, that patient can bring a malpractice claim seeking compensation for the resulting harm they suffered. In order to bring this claim successfully, the patient must be able to establish the following elements:

• Duty:  The doctor had a duty to the patient because the patient was under their care.
• Breach: The doctor failed to treat the patient pursuant to the acceptable standard of care that should be provided by an ophthalmologist under similar circumstances.
• Causation: The doctor’s breach of duty was the direct and proximate cause of harm suffered by the patient.
• Damages: The patient was injured because the doctor failed to uphold the requisite standard of care

Some of the common forms of ophthalmologist malpractice are not necessarily unique to the field of ophthalmology and can often be seen in other fields of medicine. The difference is, however, that these forms of ophthalmology malpractice can easily lead to vision loss or impairment in a patient. For instance, misdiagnosing or failure to diagnose a patient can be seen in a variety of medical contexts, including ophthalmology. And, as in other areas of medicine, the consequences for the patient can be devastating. When it comes to ophthalmology, a misdiagnosis or missed diagnosis can lead to improper treatment or lack of treatment for a condition of a patient. This can, in turn, lead to the condition worsening, resulting in things like vision loss or impairment. Other forms of ophthalmological malpractice may include:

• Failing to obtain a patient’s informed consent prior to a procedure
• Failing to treat a condition or delaying necessary treatment
• Failing to refer a patient to an appropriate, qualified expert
• Failing to prescribe the correct medication or medication dosage
• Increasing risk of infection by reusing single-use instruments (often done in an attempt to cut costs)
• Making surgical errors

All of these forms of ophthalmological medical mistakes could lead to vision loss or impairment, but they can also lead to:

• A decreased field of vision
• Perception issues
• Partial or total blindness
• “Floaters”
• Other health complications

Philadelphia Personal Injury Attorneys

It can be scary to even consider a lapse in trusted medical care let alone suffer under one. If you have suffered harm due to your doctor providing substandard care, do not delay in reaching out to the dedicated medical malpractice team at Cooper, Schall & Levy. Contact us today.

The often fast-paced, high adrenaline, and high-pressure environment in an Emergency Room (ER) setting may make it no surprise that it is one of the most common places for medical mistakes to be made. Regardless, however, we trust emergency room doctors and healthcare workers to provide us the best possible medical care. While the chaotic nature of an emergency room may be a contributing factor for medical errors occurring, it is by no means an excuse. The trained medical professionals working in an emergency room remain subject to a duty of care in evaluating and treating patients. When there is a lapse in this duty of care and a patient suffers as a result, there is medical malpractice exposure and the patient may seek compensation for the harm they have suffered due to the medical error.

Common Medical Mistakes Made in the ER

Medical malpractice occurs when there is medical negligence. In other words, a doctor or other health care worker failed to uphold a duty of care and treat a patient as a similarly situated doctor or health care professional would and this lapse in their duty of care was the direct and proximate cause of harm sustained by the patient. This means if a doctor failed to act, evaluate, or treat a patient as a similarly qualified doctor would have done so under comparable circumstances, there could be medical malpractice if the patient was harmed as a result.

There are plenty of common medical mistakes made in the ER setting that can lead to medical malpractice claims. Some examples include:

• Misdiagnosis: Again, the fast-paced environment along with the wide range of cases that come through an emergency room can contribute to misdiagnosis occurring. A misdiagnosis is when a patient is diagnosed with the wrong medical condition. Unfortunately, this can lead to critical delays in receiving the proper treatment needed for the correct medical condition. It can also lead to the patient receiving the wrong type of treatment leading to other types of damage to the body.
• Medical procedure mistakes: Another common medical mistake in the ER is the improper performance of a medical procedure. Again, this can be caused in large part due to the rushed nature of the emergency room along with the fact that doctors and medical personnel sometimes must perform procedures which they do not have much, or any, experience performing.
• Delayed treatment: Understaffed ERs and those with more patients than they can handle will commonly lead to delays in a patient receiving treatment. ER wait times can span hours. In the meantime, patient conditions can quickly worsen leading to irreversible damage or, in some cases, death.
• Improper discharge: Amidst the hustle and bustle of the ER, medical workers may be overeager to keep patients moving out the door. Unfortunately, this means that a common ER mistake is the improper discharge of patients. Patients may be discharged without receiving proper care or without receiving proper discharge instructions. This type of oversight can land the patient in danger of going home only to need to return to the ER as their condition continues to worsen.

Philadelphia Personal Injury Attorneys

ER mistakes are one of the common grounds for a bringing medical malpractice claim. If you have received substandard emergency room care and have suffered as a result, reach out to the medical malpractice team at Cooper, Schall & Levy. Contact us today.