Copyright 2002-2018. EdgarSnyder.com is sponsored by the Law Offices of Edgar Snyder & Associates®, A Law Firm Representing Injured People. Attorney Edgar Snyder & Associates has offices throughout Western Pennsylvania including locations in: Pittsburgh, Erie, Johnstown, Ebensburg, and Altoona. All of our lawyers are licensed to practice law in the state of Pennsylvania. We also have attorneys licensed to practice law in the states of West Virginia, Ohio, Maryland, and Virginia. Although this website is not intended to solicit clients for matters outside of the states of Pennsylvania, Ohio, West Virginia, Maryland, and Virginia, if you are injured in an accident, we have relationships with other personal injury attorneys and lawyers throughout the United States.
Yes, you could, but probably not nearly as effectively as a lawyer could. In fact, the cases can be so difficult that most personal injury lawyers do not handle medical malpractice claims. A medical negligence claim is very technical. A medical malpractice lawyer has the familiarity with the requirements necessary to prove the departure from the standard of care, the resources, the money, and the experience to advocate for you in a trial. In most states for most medical negligence claims, each claim needs an expert witness, who is either a doctor or a nurse. Some cases require multiple experts. The cases are very expensive and the hospitals know it. Make sure you chose a lawyer that specializes in medical malpractice and has the resources to handle your case.
A about a month ago, I called my Doctor office, about an issue I was having, he gave me an antibiotic, but never ran any test to determine my problem. I was having the same problem about a week after, I called again. I was given another antibiotic, and finally he ran a urine test to determine if I had a UTI. It came back ok, he still had me on an antibiotic. I then got worse and I had to go to the ER, and get treated, I then called my Doctor the Monday after, and was seen in office, he looked at me real quick, pushed me out the office and just said I had a STD, and treated me for it with 2 more types of antibiotics he did not run any test to determine if I had an STD,. He made me believe that I had a disease and I felt so low and scared and angry. I have since wrote a letter to my Dr, asking for him to see me and please address my issues in detail with me. He has refused and has decided to drop me as a patient and told me to see a new Doctor. I read where in Pennsylvania you can sue a Doctor for emotional distress, is that true can I sue my Doctor for emotional distress?
According to the American Journal of Medicine 15 per cent of all medical case in developed countries are misdiagnosed. The National Center for Policy Analysis further states fatal diagnostic errors in U.S. intensive care units equal the number of breast cancer deaths each year — 40,500. Misdiagnosis has become a cause for concern in the medical and legal field because it has fatal consequences.
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In the private sector, many legal contracts of all kinds stipulate the use of mediation or arbitration in the first instance, so it is quite common. Typically, a retired judge or senior advocate presides over the matter. In mediation, he or she listens to both sides and assists the parties to reach a compromise. In arbitration, the presiding officer can impose a binding decision, and can decide whether compensation is due and if so, how much.
Ensuring that you have the necessary documentary evidence—medical records; witness statements to establish the full scope of your pain and suffering; and expert testimony to verify your injuries and the pain they are causing you—are matters that we have years of experience handling. Before and after witnesses are those individuals who knew you both before and after the incident giving rise to your injuries and are equipped to testify regarding how the accident has impacted you from their perspective. A spouse or significant other is typically an obvious ‘before and after’ witnesses because they live with you day in and out, taking notice of your physical pain and condition.
Most people are able to get to at least second base with a failure to warn claim. Fewer are able to prove that the doctor simply did not talk to them about that particular risk, although there are cases where a patient’s word has been accepted over a doctor’s insistence that a warning was given. Getting copies of the doctor’s medical notes can help with this element.
Formal arbitration is a contractual alternative to a lawsuit or trial. In a formal arbitration situation, the parties contractually agree to allow a panel of attorneys (usually one plaintiff-oriented attorney, one defense-oriented attorney and one neutral) to hear their case and adjudicate it on the merits. Liberated from the evidentiary requirements of a formal lawsuit, parties are afforded the opportunity to save a considerable amount of money when compared to trial, while still being allowed to present their case. Formal arbitration is binding and should not be undertaken lightly. Courts are loath to overturn or otherwise alter decisions made by arbitration panels, particularly when the arbitration awards are reasonable in light of potential jury verdicts.
Despite that fact that the Constitution promises you the right to health care, no one has successfully sued the State for the non-delivery or lack of health care. Several test cases have concluded that, despite the Constitution and the Patients’ Rights Charter, the government has no absolute obligation to provide access to health care. Instead, the government is required to “progressively realise its obligations” to its citizens. In practical terms, this means, for example, that a patient who needs dialysis and cannot be treated because of a lack of facilities cannot sue the State.
I have Sickel Cell Disease and I have been admitted into the hospital because my white cell count is in the 30,000’s which is extremely high, my heart rate was in the 130’s, my right leg was a little swollen and the pain medicine (Norco) that I was taking at home are not working. My primary care physician refuses to give me anything for the pain to make me more comfortable. Therefore I am currently in the hospital and he has me on the Norco that isn’t working, Torodal a medicine that you are not suppose to take for more then 5 days it also raises the risk in having a heart attack and stroke (which I’m already at risk because i have sickle cell), bleeding in the stomach and intestines and stomach ulcers. These problems can happen without any warning signs. When I turned 18 I was put on Demerol to control my pain and it’s the only thing that really helps me. My pcp was giving me that at first, but all of a sudden just stopped. I feel like he’s making it seem like I’m addicted to the Demerol but that is very false accusations. I have a very serious chronic illness that I have been battling my whole life and I shouldn’t be labeled as such. Can anyone help me with this?
Facilitative mediation is a form of alternative dispute resolution that utilizes a neutral facilitator who seeks to find common ground between the plaintiffs and defendant. The facilitator in a medical malpractice case is normally a medical malpractice attorney who understands the nuances of medical malpractice cases. The hope is that the facilitator can talk with each party frankly about the strengths and weaknesses of their case, and convince the parties to agree on a settlement amount that is acceptable -- particularly in light of the fact that the parties are avoiding the cost of litigation.
If you or someone you love has been injured by a doctor, you should also contact an attorney. However, you must realize that they may not take your case. The standard of proof for medical malpractice is much higher than most people realize. It is not possible to file a lawsuit over just anything and expect a multi-million dollar payout. But you should talk to an experienced malpractice attorney to see what they can do with your case and also to see if they can help you with dealing with the doctors or hospitals after the incident.
3. Finally, hospitals with specialized capabilities or facilities (e.g., burn units, specialized cardiac care units) must accept transfer patients from other hospitals if the specialized hospital has the capacity to treat them. This provision of EMTALA stops reverse dumping, where specialized hospitals won’t take indigent patients from other hospitals.
As we reported, the medical malpractice system often discriminates against certain patients, particularly those with low incomes. Those who can’t get representation — often women, children or the elderly — are sometimes called the “hidden victims” of medical malpractice. Studies show that the problem isn’t limited to states that have strict limits on malpractice awards.
1. When a person comes into a medical facility and asks to be evaluated, the hospital must provide a medical screening examination (MSE) to determine if there is an emergency medical condition (EMC), including active labor. The hospital may not decide on treatment based on your ability to pay and may not delay treatment to your detriment because they want to prove you can pay, such as pre-authorization from private health insurance. Thus the statute puts your welfare above the pocketbook of the hospital. The statute requires the hospital to use the medical equipment on hand, such as xray, CAT scan, MRI, EMG, EKG equipment as part of the emergency medical screening (EMC) process. So if the hospital just figures you are ok without doing tests, they may be liable under EMTALA. EMTALA applies to any patient coming in to the hospital, not just indigent patients.
Ways an accident has affected you can be very personal in nature. For instance, an injury victim may have been a member of a bowling league with her spouse for twenty years prior to an accident occurring. They bowled together every Thursday evening with their friends and this weekly ritual became a cornerstone of bonding in their marriage. Following the accident however, the injury victim suffered neck injuries that prevented her from being able to bowl. She begins to feel isolated from her spouse and her friends. Thursday evenings are now spent utilizing heating pads and taking prescription narcotics in attempts to alleviate the pain.
I was recently abruptly terminated by my employer of 17 years. I worked for a relatively small (25-30 employees), family-owned, manufacturing company in a niche market, in the position of general manager for the past 10, and was responsible for distributor relations, trade shows, etc for the entire 17. Without any warning, I was terminated via text message in December. I didn't have the opportunity to speak with any of the customers that I had formed relationships with over the years, to clear out my office of 17 years of accumulated personal belongings, or to even speak with anyone regarding my termination. I was sent a letter from an attorney representing the company instructing me that I was not to attempt to contact the company directly. My belongings were (literally!) thrown into a couple of boxes (picture frames and momentos were broken), and shipped to my home - I live 2 miles from the company. A friend - still employed there, noticed some of my personal things; including a 5x7 school photo of my family, in the trash, and retrieved it and other items to return to me, but had to leave the soiled items in the trash. I have no record of disciplinary problems nor any reason to have anticipated any of this. I feel stripped of my dignity, my reputation, my friends. I went from making $75,000 yr to less than $400 wk on unemployment. Since my termination I understand that the a family member of the owner has taken over many of the responsibilities that had been mine, leading me to believe that this was likely the motive, and while I understand family ties and obligations, and realize that no labor laws have been broken, it was done maliciously, knowing the devastation it would cause to me.
Proving medical negligence in these cases is inherently difficult and technical work. Furthermore, juries tend to favor the doctor in medical malpractice trials, making winning a lawsuit – or even a settlement -- against a doctor tricky. This is why these types of personal injury cases are often referred to lawyers whose regular caseload includes a good portion of medical malpractice cases. You’ll need an experienced attorney to successfully sue a doctor.