Category: Insights

Receiving a cancer diagnosis has an undeniable impact. In mere moments, the focus of a person’s life can change from day-to-day responsibilities to facing a potentially devastating illness. The impact can become even greater when a person learns there’s been a cancer misdiagnosis. This can happen in two ways: either doctors fail to diagnose the cancer early or they say a person has cancer when they actually do not. 

Both of these are forms of medical misdiagnosis. Unfortunately, both can cause serious physical, emotional, and mental harm. In some cases, doctor misdiagnosis can rise to the level of medical malpractice. A lawyer can explain the full range of legal options available when a doctor has misdiagnosed you and help you decide the best course of action.

Most Frequently Misdiagnosed Cancers

There are not many statistics on how often medical professionals tell people they have cancer when they do not. 

There are, however, some high-profile examples of this phenomenon. In May 2023, about 400 people received letters on behalf of a biotech company telling them they had cancer. All of the individuals had taken a cancer detection test made by the company. These were all false positive diagnoses that were the result of a software error.

So how often is cancer misdiagnosed? There is more research on missed diagnoses of cancer than false diagnoses. A 2019 study of malpractice claims data found 46% of diagnostic errors in a primary care setting were missed cancer diagnoses. The most common types of missed cancer diagnoses were:

• Lung cancer
• Colorectal cancer
• Prostate cancer
• Breast cancer

It is unfortunately possible for doctors to misdiagnose, or fail to diagnose, many types of cancer including skin cancer, cervical cancer, colon cancer, and others.

Factors to Determine if Misdiagnosis of Cancer is Classified as Malpractice

A missed or false cancer diagnosis can cause great harm to a patient. If a doctor misinterprets or fails to spot the signs of cancer, the cancer can spread and become harder to treat. This might limit treatment options and even shorten life expectancy. 

At the same time, if someone has a cancer diagnosis when they are cancer-free, they might undergo unnecessary treatments that have dangerous side effects. They might also take legal and personal steps to make plans for a long treatment regimen that they do not actually need, which affects their financial and mental health. 

If you experience harm because of mistakes in the healthcare system, you can file a lawsuit for negligence. One form of negligence is medical malpractice. 

So, is misdiagnosis malpractice? There is a general legal test to make a claim for medical malpractice. Misdiagnosis might be considered malpractice if it meets the criteria.

Doctor-Patient Relationship

The first step is establishing that you had a doctor-patient relationship with the physician who missed your diagnosis or gave you the wrong diagnosis. If you had just one appointment with the doctor, that’s usually enough to show you had this legal relationship. You can prove this in a legal case by presenting medical records of your appointment and your medical history. 

Standard of Care Breach

The second step is establishing that the doctor did not provide you with the medical care that a reasonable doctor would have given in the same circumstances. This step can be harder to prove. Sometimes cancer is hard to detect, and on occasion tests can indicate cancer even when there is none. Showing your doctor breached the standard of care can require a great deal of evidence gathering, such as expert testimony from someone familiar with the process of diagnosing the particular type of cancer at issue.

Causation

The third step is establishing that it was the medical professional’s misdiagnosis that directly led to the harm you experienced. This can also be hard to prove without the assistance of an experienced medical malpractice attorney. It is not enough that a doctor gave you an incorrect diagnosis or even that you endured treatment or were delayed in getting treatment. Causation is about the diagnosis being the direct cause of the harm you experienced, such as severe illness or side effects from unnecessary treatment. 

Damages

The fourth step is establishing that you experienced losses because of the doctor’s malpractice. For example, if you had a lung cancer misdiagnosis, your treatment options might be more limited if the cancer has spread. Perhaps an earlier-stage diagnosis would have meant you could have surgery to remove the cancer, but now your doctor is recommending chemotherapy and radiation because the cancer has advanced.

A medical malpractice lawyer can help you to determine your losses because of your experience. They might include:

• Pain and suffering
• Psychological anguish
• Reduced quality of life
• Loss of income or wages
• Loss of earning capacity
• Medical bills
• Palliative and nursing care

This list is not exhaustive. Your lawyer will listen to your story to fully understand how the misdiagnosis has impacted your life. 

Should I File a Lawsuit After a Cancer Misdiagnosis?

A lawsuit cannot reverse a cancer misdiagnosis. However, a lawsuit can help you access financial resources that can recover some of what you have lost. It can also send a message to the medical community to take care with diagnoses of serious illnesses, so what happened to you is less likely to happen to someone else.

A lawsuit can take many turns. Although some people settle out of court, it is sometimes in your best interest to take a case to trial. Because of this possibility, it is important to work with experienced and dedicated medical malpractice lawyers who can fight for your interests in negotiations and in a courtroom. 

Consult Specialized Medical Malpractice Lawyers

McEldrew Purtell is a team of dedicated lawyers who take on the burdens of your case while you focus on your personal wellness. We make it easy to discover how we can help you by offering free, no-risk consultations. To learn more, contact us today.

Many children born in the United States will suffer from a birth injury, which may impact their health and well-being. Yet, many of these injuries are preventable. If your child has suffered a birth injury, you may have the right to file a birth injury lawsuit and recover compensation. 

What Is a Birth Injury Lawsuit?

A birth injury lawsuit is legal action the family of an infant injured during labor or delivery can take against the doctor, nurse, or other medical professionals responsible for the birth injury to receive compensation. Proving birth injury malpractice is essential to winning birth injury claims.

Types of Birth Injuries That Can Lead to a Medical Malpractice Lawsuit

There are different types of birth injuries; some may heal with or without treatment, while others are permanent and cause lifelong disability in the child. Here are some of the most common birth injuries:

Brachial Plexus Injury

The brachial plexus is a group of nerves located between the neck and shoulder. They connect the spine to the arm and hand, controlling their movements. A brachial plexus injury occurs when these nerves are excessively stretched or torn during delivery, which can happen if the baby’s shoulder gets stuck in the mother’s pubic bone during delivery (known as shoulder dystocia).

This injury can cause neurapraxia where the nerves are stretched but do not tear. However, more severe cases of this injury can cause Erb’s palsy, Horner’s syndrome, or Klumpke’s palsy. These are caused by an avulsion of the nerves — when the nerves are pulled away from the cervical spine. 

Some cases of brachial plexus may resolve by themselves or require therapy or surgery to heal. However, others may cause permanent disability.

Hypoxic-Ischemic Encephalopathy (HIE)

This is brain damage caused by a lack of oxygen in the child’s brain during labor, delivery, or shortly after birth. The severity of the damage depends on how long the brain is without an adequate supply of oxygen. Some children may not have any long-term effects from HIE. However, in some cases, it can cause cognitive impairment, developmental delay, cerebral palsy, or epilepsy. 

Periventricular Leukomalacia (PVL)

PVL occurs when there’s an injury to the white matter around the brain’s fluid-filled ventricles. This matter helps transmit information between different parts of the brain and spinal cord. 

Most cases of PVL occur in premature babies. Babies with PVL may suffer major nervous system problems and have learning difficulties. 

Facial Nerve Injury

A facial nerve injury can occur during delivery if there’s pressure on the infant’s facial nerves (like against the mother’s pelvis), resulting in facial paralysis. This causes the loss of voluntary movement in the infant’s face. 

The use of forceps during delivery can also lead to facial paralysis. Some cases may heal on their own while others may require surgery to correct. 

Intracranial Hemorrhage

Intracranial hemorrhage refers to bleeding that occurs within the brain or cranium. This can happen if blood vessels rupture or another trauma occurs during delivery. Mild hemorrhages may resolve on their own, whereas severe cases may necessitate medical treatment or have long-term consequences, such as cerebral palsy, brain injury, and other developmental issues.

What To Expect from a Birth Injury Lawsuit

If you suspect that your child suffered some birth injuries, then consider filing a birth injury lawsuit. Here’s the potential process of your case with legal help:

Initial Consultation With a Birth Injury Attorney

Consult a birth injury attorney to better understand your case and to determine if there’s a valid birth injury claim worth pursuing. A birth injury lawyer has the experience and skill to help you decide your next course of action. 

Investigation and Gathering Evidence from Medical Records and Expert Testimony

If the birth injury attorney determines that your case likely involves birth injury malpractice, the next step is to conduct a comprehensive investigation and collect sufficient evidence to establish your case.

This stage involves the following:

• Obtaining and reviewing medical records on the pregnancy, prenatal care, and delivery
• Demanding medical records on any treatment the infant received
• Consulting with expert witnesses
• Interviewing witnesses and collecting witness statements

Filing the Birth Injury Lawsuit

The next step involves filing a birth injury lawsuit. Note, however, that you do not have an indefinite amount of time to file your case, as the statute of limitations dictates when you must do so or risk losing your right to do so. Consult a lawyer immediately to ensure you file your case within time and comply with the legal requirements and documentation involved.

Pre-Trial Proceedings and Discovery

Discovery allows the attorney to find more information supporting the birth injury claim from the other party. During this stage, the parties may take depositions and request documents. The statements are taken under oath and considered evidence. 

Trial or Birth Injury Lawsuit Settlements

Usually, both parties will attempt to negotiate. If the negotiation is successful, the parties will reach a birth injury settlement. Otherwise, the case will proceed to trial.

Many medical malpractice claims do not proceed to trial. However, if it does, the parties will present their case and arguments before a judge and jury, who will then render a verdict. 

Compensation for Medical Expenses, Rehabilitation, and Physical Therapy

The plaintiffs in successful childbirth injury lawsuits will recover damages for the child’s injury or wrongful death. The birth injury compensation may cover the cost of the following expenses:

• Adaptive equipment
• Assistive devices
• Home nurses or other special care
• Lost wages if you stopped working to provide full-time care
• Occupational and physical therapy
• Mobility aids
• Medications
• Special education
• Speech therapy
• Surgeries
• Pain and suffering
• Medical bills
• Other future medical care

Consult a Medical Malpractice Attorney and Claim Your Legal Rights

Navigating a birth injury lawsuit can be challenging, but a medical malpractice attorney can help. The experienced birth injury lawyers at McEldrew Purtell can help you fight for your baby’s right to justice and recover adequate compensation for their injuries. Call or email us today to discover how we can help.

Surgeons are responsible for your health and your life. They should be professional and medically responsible anytime they work on your body. Sadly, many surgeons are negligent and cause extremely serious injuries. Surgical errors often violate the standard of care and constitute medical malpractice. Many of these are preventable mistakes if the surgeon followed a surgical safety checklist or their training.

At McEldrew Purtell, our experienced medical malpractice lawyers know what to do if a surgeon makes a mistake. We know that the healthcare system can be difficult to navigate and that adverse events from surgeries could negatively affect your life. We perform a systematic review of your case and help you determine what compensation is available for you.

9 Surgical Errors in the Operating Room To Be Aware Of

Countless medical mistakes could occur in an operating room, but these nine preventable mistakes are some of the most common.

1. Administering the Wrong Medication or Incorrect Dosage

One of the most common surgical errors is giving a patient the wrong type or amount of medication. Drugs such as pain medicine, anesthesia, and more are essential for surgery and post-surgical recovery. When doctors or nurses give the wrong medication or wrong dosage, the results can be catastrophic.

Surgical teams should carefully review a patient’s chart to determine what medication they should receive, at what dose, and at what time. Failure to follow basic instructions is one of the most preventable mistakes that occur in the operating room.

2. Wrong-Site Surgery

Wrong-site surgeries occur when the doctor performs the procedure on the wrong part of the body. For example, if a patient needs surgery on their left leg, and the surgeon performs the surgery on the right leg instead, this is a wrong-site surgery. This happens in many common surgical procedures and can do irreparable damage to the area in which the surgeon mistakenly operated.

This mistake is often due to a lack of review and procedures to prevent this error. Responsible hospitals follow a surgical safety checklist that helps to prevent wrong-site surgeries.

3. Performing the Wrong Procedure on the Patient or a Procedure on the Wrong Patient

At times, surgeons perform the wrong procedure on the patient in front of them. This often results from human error or a complete disregard for patient safety. Nurses, staff, and surgeons should double-check surgical procedures to ensure the right surgery occurs on the patient.

Another shocking but common mistake is to perform a procedure on the wrong patient. Surgical patients deserve high-quality medical care and the operation they agreed to. Wrong-patient surgery can lead to sentinel events that cause severe harm, catastrophic injuries, or even death.

4. Equipment Failure or Inadequate Use

Surgeons rely on their equipment and tools to perform surgery correctly. This equipment may include items, such as scalpels, biofeedback machines, computers, cameras, and more. As surgical technology advances, the amount of equipment has increased in the operating room. 

Medical errors can occur if doctors are not properly trained, fail to use the necessary equipment, or the equipment itself fails. The doctor, staff, or even the hospital may be legally responsible for this breach of the standard of care.

5. Failure to Follow Proper Protocols for Hygiene and Disinfection

Surgeons undergo a multi-step process to wash their hands and disinfect their bodies prior to surgery. Failure to follow these protocols can result in serious infections that damage your body or even lead to death. Surgical site infections (SSIs) often occur because the staff failed to clean the area, their own hands, or the medical instruments used in the surgery.

Hygiene and disinfection protocols also apply to the patient’s body before, during, and after surgery. Hospital staff should understand and follow all of these steps to prevent serious infections.

6. Incorrect Anesthesia Dosages

Anesthesia is a crucial part of many surgeries. It keeps the patient safely unconscious during the surgery when handled properly. However, the wrong dosage can cause very serious issues. Too little may cause the patient to wake up during surgery and experience severe pain and trauma. Too much can lead to a coma, brain damage, or even death.

Anesthesiologists must be cautious and responsible when handling this dangerous but necessary part of the surgery. Their failure to do so is likely medical malpractice.

7. Causing Nerve Damage, Hemorrhage, or Excessive Bleeding

Medical errors during surgery may cause serious and even permanent forms of damage. The surgeon cuts through tissue, nerves, bone, and more during many surgeries. Serious nerve damage can occur when the surgery is performed improperly, which may lead to pain or loss of sensation in the affected area.

Surgeries may also cause hemorrhages or excessive bleeding in patients. A surgeon may nick an artery, give improper amounts of medication, resulting in bleeding issues, or other mistakes that may lead to serious harm.

8. Foreign Objects Left Inside a Patient’s Body

Leaving foreign objects inside a patient’s body is one of the most common and dangerous mistakes that could occur during surgery. These foreign objects are often materials used during surgery, such as gauze, medical instruments, or sanitization equipment. 

When these objects are left behind, they can cause severe infections. These infections often require heavy doses of antibiotics and further surgery to remove the foreign object. 

9. Poor Communication of the Medical Staff Leading to Surgical Mistakes

Every medical staff member before, during, and after the surgery must communicate well to avoid surgical mistakes. Lack of communication often means important people have the wrong information about a patient and make mistakes because of that information. Staff should be highly trained on proper communication methods and ways to accurately record important information.

Seek Legal Assistance for Surgical Errors and Medical Malpractice

Surgical mistakes can leave you injured, in pain, and dealing with severe financial fallout. The medical bills could be piling up all while you try to recover from the surgery that was supposed to help you rather than hurt you. At McEldrew Purtell, our dedicated attorneys and staff know how to investigate your case. We look for the most common medical errors during surgery when reviewing your case and thoroughly investigate the harm caused to you.

Let our experienced team help you through this difficult time. Contact us today for a free consultation of your case.

A traumatic brain injury is catastrophic for you and your entire family. You are likely dealing with severe pain and major changes to your life following an accident. You could have serious symptoms such as memory loss, blurred vision, skull fractures, and even loss of cognitive abilities. Whatever you have been through, a brain injury lawyer knows how to investigate and pursue your case the right way.

How do you choose the right traumatic brain injury attorney for you? By looking at the right information, you can make an informed and intelligent choice about who will represent you. 

What Is a Traumatic Brain Injury?

A traumatic brain injury results from significant force to the head or body that causes damage to the brain. Severe impact, such as in a car accident, can cause the brain to slam against the skull, causing severe harm. Objects may also penetrate or crack the skull and damage the brain as well.

Traumatic brain injuries (TBI) can result in serious symptoms, such as:

• Loss of consciousness
• Skull fractures
• Memory loss
• Blood clots
• Slurred speech
• Mental illness and cognition loss
• Wrongful death

When To Seek Legal Assistance for Traumatic Brain Injury Cases

You should speak to a brain injury firm immediately after your accident. Brain injuries are severe, and you could be owed significant compensation for your medical bills, costs, suffering, and more. The sooner you speak with qualified TBI lawyers the sooner they can investigate and pursue your claim. They can preserve critical evidence and file your claim within the appropriate statute of limitations.

You should speak to an attorney about a potential personal injury claim anytime you were hurt by another person’s wrongdoing. You do not have to be sure about everything in your claim. Qualified TBI attorneys offer initial consultations to help you discuss your accident and the best path for moving forward.

Selecting the Right Traumatic Head Injury Attorney

Choosing the right attorney can seem like a daunting task at first. By following these tips, you can pick the right traumatic brain injury attorney for you.

Look for an Attorney With Experience in Traumatic Brain Injury Cases

You need an attorney who is well-versed in traumatic brain injury with acquired brain injury cases. These lawsuits require technical and medical knowledge that many lawyers do not have. These claims require expert testimony in many cases and specialized knowledge by your legal team.

Look for a firm’s website that discusses these claims in detail and shows knowledge about the subject. Schedule a consultation with a lawyer and see their experience with traumatic brain injury cases.

Research the Lawyer’s Track Record and Success Rate

Ensure your attorney and the firm have experience with TBI cases and a track record of success with their clients. Ideally, you want a firm that has won real client compensation. Also, consider if they have gone up against powerful insurance companies, hospitals, truck companies, and other powerful defendants and have still been successful.

Ensure the Attorney’s Access to a Strong Network of Medical Experts

Most traumatic brain injury claims require medical experts to testify in the case. Your brain injury lawyers should have these medical experts ready to go to help prove your claim. A medical professional can testify to facts and diagnoses other lay witnesses cannot, such as describing a closed head injury or the cause of the TBI.

Inexperienced lawyers are often unprepared for the medical expert requirements of a TBI personal injury claim. Ensure your brain injury law firm has the resources necessary to prove your claim appropriately.

Research the Attorney’s Reputation and Read Testimonies from Past Clients

You want an attorney with a good reputation. A personal injury attorney should be well-liked, responsible, and compassionate when working with clients. They should also be strong and aggressive when dealing with defendants.

Read testimonies from past clients to get an idea about what to expect. Past clients often have the best insights into what you can expect. 

Seek Personal Attention and Good Communication With Your Attorney

You want a brain injury lawyer that cares about you and not just about your case. Look for a lawyer who gives you the care and attention you deserve. A quality lawyer will communicate well, respond to questions, and promptly get back to you with answers to your questions.

You should always feel heard and that your lawyer cares about what you are going through. The right lawyer can help guide you through your medical care, the litigation process, and navigating your life following a traumatic brain injury.

Take Advantage of Initial Consultations

A skilled TBI lawyer will offer a free consultation to help you get started. An initial consultation lets you tell your story and learn what compensation you may be owed. Look for a free consultation so that you know you will not be charged simply for a first conversation. 

At the consultation, tell your story in full. Be detailed and answer any questions your potential attorney has for you. This is where the investigation and litigation may start, so take advantage of this first step to protect your interests best.

Ensure You Understand the Attorney’s Fee Structure

Ensure you know what the attorney will charge for their services. Some attorneys require upfront payment and reimbursement for costs in addition to their hourly rate. This may or may not work for you, so you should explore other options.

Many personal injury attorneys take cases on a contingency fee basis. A contingency fee occurs when the lawyer only charges if they are successful in your case. This is an agreement between the client and the attorney to collect a certain percentage of the winnings as compensation. This can be very helpful for TBI injury victims, as they pay nothing upfront and only pay if the lawyer is successful. This helps you seek the compensation you deserve but without the risk. 

Contact Traumatic Brain Injury Lawyers Advocating for Brain Injury Victims and Families

Traumatic brain injuries can occur from car accidents, workplace accidents, and much more. At McEldrew Purtell, our personal injury lawyers have represented countless clients who won compensation for their TBI personal injury claims. We want to help you recuperate from your injuries and recover the monetary damages you deserve. Our brain injury firm offers a compassionate and dedicated approach to your case.

Contact us today to schedule your free initial consultation. We look forward to speaking with you.

Your child’s birth was supposed to be one of the most joyous days of your life. Instead, a brachial plexus injury can leave your child hurt, and your life changed forever. The brachial plexus is a complicated network of nerves between the shoulders and neck. These nerves control muscle function and movement in the arms, chest, shoulders, and hands. Birth injury brachial plexus often leads to severe damage to your child, possibly requiring years of medical treatment and even permanent injury.

Medical malpractice is commonly the reason for a brachial plexus birth injury. When this is the case, you could be entitled to significant financial compensation for your and your child’s injuries. At McEldrew Purtell, our highly experienced birth injury attorneys know what you are going through. We offer a compassionate but aggressive approach to protecting your rights and winning the compensation you deserve.

What Is a Brachial Plexus Injury?

The brachial plexus is a critical area of your child’s body between their neck and shoulders. It is a network of nerves that connect the spine to the upper limbs and extremities, such as the arms and hands. Injuries to the brachial plexus nerves can cause lifelong damage, making it difficult for the injured child to move their upper body. 

Common causes of a brachial plexus injury during birth include:

• Traveling through a small birth canal
• Damage to nerve roots 
• Forcep or other delivery tool injury
• Shoulder dystocia, causing the neck and shoulder to stretch
• A nerve that is torn or ruptured during labor
• A delay in ordering a C-section

Physical, Emotional, and Financial Consequences

The consequences of a brachial plexus injury from birth can be devastating across multiple areas of your and your child’s life. Your child will likely suffer physical symptoms and limitations. These often include reduced range of motion, loss of control of the upper body, and other brachial plexus injury birth trauma. This may even include neonatal brachial plexus palsy, a serious potential consequence of this injury. 

Emotional consequences will also occur for both you and your child. You must watch your child experience pain and deal with the many limitations this places on them in later life.

The financial consequences are also severe. A brachial plexus injury at birth will require long-term treatment. This may include the need for:

• A physical examination of your child
• Muscle transfers
• Nerve grafts
• Nerve transfers of a healthy nerve to affected areas
• Nerve surgeries
• Ongoing care for low birth weight
• Treatment for some other severe injury

Legal Considerations of Birth Brachial Plexus Injury

A brachial plexus injury will have many consequences on your life, but it is also important to understand the legal considerations behind a potential medical malpractice case.

Brachial Plexus Birth Injury as a Result of Medical Malpractice

Medical malpractice occurs when a doctor or other medical professional breaches the applicable standard of care. This standard of care is what a medical professional in that situation, with their training and experience, would do in a given situation. Brachial plexus birth injuries are often the result of careless acts by medical staff, improper training, and more.

A brachial plexus birth injury lawsuit is likely appropriate in these situations. The doctor’s mistakes can cause severe financial, emotional, and physical harm to your child. As a result, you could be entitled to significant financial compensation from a successful lawsuit.

Importance of Timely Legal Action in Brachial Plexus Birth Palsy Cases

Time limits called statutes of limitations apply to medical malpractice claims, including those for brachial plexus injuries. The statute of limitations sets a particular time frame for filing your complaint before it could be lost. If you fail to file in time, your case will very likely be dismissed by the trial court.

Pennsylvania has a two-year statute of limitations on medical malpractice claims, according to 42 PA.C.S. § 5524(2). Certain exceptions apply to this time limit that may make it last longer, but it is always best to file your claim soon after the injury to preserve your legal rights and the evidence you need to prove your case.

Medical Witnesses for Building a Strong Case for an Obstetric Brachial Plexus Injury

A strong brachial plexus injury case uses medical witnesses and experts to prove who caused the birth injury. Medical witnesses in these cases testify about the medical cause behind the injury, the effects of the symptoms, and the physical toll it will take on your child. These medical witnesses often include:

• The doctor or medical staff that caused your child’s injuries
• Medical experts who investigated the brachial plexus injury
• Experts in the field who can testify about the effects of this injury

Legal Support During Long-Term Physical Therapy and Surgical Treatment

Brachial plexus injuries usually require much physical therapy and other treatment. This may even include surgical treatment on nerves, limbs, and other areas to achieve a complete recovery. However, most children deal with some type of complication from their birth injury for the rest of their lives.

You need legal support from experienced brachial plexus injury attorneys during this time. Our office understands what you are going through and how to help support you while your case is ongoing. Your child deserves medical treatment immediately, and treatment should not have to wait until after your lawsuit is finished.

Fair Compensation and Accountability for a Birth-Related Brachial Plexus Palsy

A medical malpractice lawsuit can help hold a negligent doctor responsible for what they did to you and your child. This accountability helps you and your child. It also helps to prevent future errors that may affect other families. 

A successful brachial plexus birth injury lawsuit may win you compensation such as:

• Past and future medical expenses
• Costs of physical therapy and ongoing treatment
• Costs of disability accommodations for your child
• Pain and suffering
• Loss of consortium
• Wrongful death damages

Partner With a Medical Malpractice Attorney To Secure a Brighter Future for Your Family

The Philadelphia medical malpractice attorneys at McEldrew Purtell stand ready to help you. We know how to fight for your family and seek the compensation you deserve. Our lawyers know what you are going through and how to give you peace of mind and a better future. Let our firm investigate and pursue your birth injury case and seek the compensation you deserve.

Contact us today for a free consultation of your case. We want to help you and your child recover from this ordeal.

Have you ever been in a serious accident with a semi-truck or tractor-trailer? These accidents can cause catastrophic injuries with long recoveries and incur high costs. High medical costs, severe pain, and emotional trauma are common consequences of a semi-truck or tractor-trailer accident. If you have been in such an accident, you may be unsure how to move forward. You may be asking: “What do I do after a semi-truck accident injury?”

At McEldrew Purtell, we know how to handle your semi-truck accident case. We’ll prepare you for what to do next and what steps to take following your injuries. Follow these 10 steps after getting hit by a semi-truck to protect your health and legal rights.

10 Important Steps Following an Injury from a Semi-Truck Accident

Follow these 10 critical steps to protect your case and yourself.

1. Call Emergency Services or Seek Medical Attention Immediately

If you are in a car and you get into an accident with a semi-truck or tractor-trailer, immediately call 911. Truck crashes are incredibly serious and can result in anything from minor to fatal injuries. Call 911 if you or anyone else was hurt or if you are even unsure if someone is hurt in the truck crash, semi-truck crash, or tractor-trailer crash.

After the accident, seek medical attention. Even if your injuries did not require an immediate trip to the hospital, follow up with your physician as soon as you can. While you might not feel any pain right away, some injuries only become apparent days or weeks after the fact. Medical attention is important to protecting your health and to preserving evidence in your personal injury case.

2. Obtain a Police Report for Severe Accident or Property Damage Incidents

After a car and semi-truck accident, the police will need to create a report. This report will include key details about what happened, who was at fault, and whether any traffic citations were issued. 

These reports may contain information critical to your lawsuit, such as the truck driver’s violations of law or trucking regulations. You can request the report yourself or a truck accident lawyer can do it on your behalf.

3. Get Testimonies from Witnesses Present at the Accident

If your injuries are minor enough that you are able to do so, gather contact information from anyone that was on the scene of the accident, including the semi-truck driver, anyone else who was injured, and anyone who witnessed the incident. Make sure you also obtain the name of the trucking company.

Ideally, get statements from these individuals or encourage them to speak with law enforcement to give a statement. This information can be very helpful in a later semi-truck accident claim.

4. Collect Relevant Information from the Accident Scene

If you are not incapacitated by the crash, collect any evidence that might be relevant from the truck accident scene. This could include evidence such as, but not limited to:

• Pictures of your injuries
• Pictures of property damage
• Contact information from witnesses or at-fault truck drivers
• Videos of the scene
• Copies of the police report 
• Insurance information for anyone involved in the accident

5. Preserve Any Truck Accident Evidence

Be sure to preserve any evidence that you collect. Save all digital files and back them up in a second location. Keep all documents related to the case, including the police report and your own notes.

As a rule of thumb, if you are unsure of whether or not to keep a document, keep it. Your semi-truck accident lawyer will determine the importance of the evidence you kept. You are better off giving your lawyer more documentation than necessary rather than risking leaving something out.

6. Report the Accident To Your Insurance Company

Truck crashes should always be reported to your insurance company. Your insurance needs to know what happened and be ready to provide you coverage if you are eligible. Failure to notify your insurance company may create problems down the road, so always keep your company informed about the accident and new information that develops over time.

Reporting the accident also helps your insurance company and truck accident lawyer fight for your rights. The trucking industry often tries to avoid liability even when their truck driver is clearly at fault. Your lawyer and insurance company are very experienced in fighting for the compensation you deserve.

7. Consult a Truck Accident Attorney Promptly for Legal Advice

Speak to a qualified truck accident lawyer right away after an accident. Truck accident injuries can be costly, painful, and emotionally devastating. Your attorney can help you deal with this and fight for compensation from the negligent party. With the help of a truck accident attorney, you may win compensation such as:

• Past and future medical costs
• Property damages
• Costs of rehabilitation services
• Insurance reimbursement
• Lost income and earning capacity
• Pain and suffering
• Loss of companionship and support
• Wrongful death damages

You should also speak to an attorney quickly after the accident. Time limits on filing personal injury cases may differ depending on your circumstances. Filing late could mean you lose the opportunity to win compensation. Do not delay your consultation.

8. Keep a Record of Your Injuries, Treatments, and Symptoms

Keep all medical records pertaining to your accident, including medical bills, lists of procedures, and treatments your doctor has performed. Record all of the symptoms you have suffered following the accident. These symptoms can be physical and emotional, as both your physical and psychological harm may be compensable in a truck accident lawsuit.

9. Journal Your Experiences to Document the Impact of the Accident on Your Life

Keep a journal of everything you are going through. Contemporaneous notes help show what you have been through as you feel it. This information can be incredibly helpful in proving the extent of your damages. It may also significantly increase your chances of winning compensation in a personal injury claim.

10. Avoid Discussing the Accident With Anyone Other Than Your Attorney or Healthcare Professionals

As much as possible, limit discussions of your truck accident to your lawyer and your healthcare team. These individuals grant you some level of confidentiality or privilege so that your statements cannot be used against you later.

Discussions you have with others are likely not protected from disclosure. Avoid speaking with people about the accident, posting things on social media, or speaking in public about the accident. Especially avoid speaking with the party’s insurance company unless your lawyer accompanies you.

Seek an Experienced and Compassionate Truck Accident Attorney

Truck accident claims can be complicated and difficult for you to face alone. Trucking companies will fight back with powerful legal teams to try and deny you the compensation you are rightly owed. At McEldrew Purtell, our experienced truck accident lawyers know how to fight back. We take a compassionate approach to your case while aggressively representing you against negligent drivers and companies.

Contact us today to learn more about your truck accident case. We are ready to help.

Having a baby can be an amazing experience. Still, many expectant mothers have mixed feelings as their delivery date approaches. This is because childbirth includes certain risks. Even with improved health care, some women still experience birth injuries, which can be from natural causes or the negligence of health care providers.

Generally, birth injuries to mothers can be psychological or physical. Some mothers suffer physical injuries like vaginal tears, ruptured uterus, and postpartum hemorrhage. Others may experience psychological issues like postpartum depression and PTSD.

Common Types of Birth Injuries to Mothers

With the different types of delivery available to expecting mothers, you need to understand the risk associated with each birth type and the chances of birth injuries.

Here are some types of birth injuries women may experience:

Physical Injuries

Some common physical birth injuries include:

Vaginal Tears: Women who opt for vaginal delivery may experience vaginal tears. However, it’s most common in first-time mothers. A vaginal tear occurs when the vaginal walls fail to stretch appropriately to accommodate the baby’s head or when the baby’s head is too large. Also, some vaginal tears are more complicated than others. While some only affect the skin around the vagina, some affect the tissues and muscles. Hence, simple and less complex tears can heal within a few weeks, but most major tears may require surgery. You can ask your doctor for tips on how to avoid tearing during childbirth.

Ruptured Uterus: This is a rare birth injury, but it can seriously affect the mother and baby. A ruptured uterus will cause the baby and the placenta to shift into the mother’s abdomen during labor. Women with a history of uterine surgery or C-section are more prone to experience a ruptured uterus. This is because the scar on their uterus can weaken and rupture.

Postpartum Hemorrhage: Postpartum hemorrhage (PPH) is excessive and uncontrollable bleeding after childbirth. Most PPH happens when the uterus does not contract strongly enough after delivery and after the body expels the placenta.

Psychological Injuries

Women can experience psychological injuries like postpartum depression and post-traumatic stress disorder (PTSD) after a difficult delivery. These two conditions have some similarities but are distinct.

Postpartum Depression: Some women suffer postpartum depression after giving birth. It’s a kind of depression that causes emotions like persistent sadness, emptiness, or frequent crying. Hormonal or physical changes, emotional adjustments, and other factors can lead to postpartum depression.

If you experience symptoms like thoughts of harming yourself or committing suicide, anxiety, depression, or guilt after childbirth, you may have postpartum depression. You need to seek medical care from medical professionals, as this condition can affect your well-being and that of your child.

Post-Traumatic Stress Disorder (PTSD): This is also referred to as postpartum PTSD or birth trauma, and it affects people who have witnessed or experienced traumatic events. You may suffer post-traumatic stress disorder after a traumatic birth process.

Some events that can trigger postpartum PTSD are high pain levels during delivery, prolonged or difficult labor, emergency cesarean section, and severe complications during childbirth.

Long-term Health Implications of Birth Injuries to Mothers

Some birth injuries are unavoidable, while others result from health practitioners’ negligence during labor. Fortunately, victims of such medical malpractice and mismanagement can seek help from birth injury lawyers.

Birth injuries to mothers may have long-term implications. A birth injury can affect your mental health, personal relationships, and quality of life. It can also lead to other long-term issues, such as fecal and urinary incontinence, sexual dysfunction, chronic pain, and an increased risk of injury in future pregnancy and delivery.

Common Causes of Birth Injuries to Mothers

Several factors can cause birth injuries to mothers, such as:

Medical Mismanagement During Labor and Delivery

One of the causes of birth injury is mismanagement on the part of healthcare professionals. Sometimes, doctors make mistakes during labor and delivery, which can lead to birth injuries to the mother, including:

• Failure to spot and manage fetal distress: If signs of fetal distress, like abnormal heart rate patterns, are not identified and addressed immediately, it can adversely affect the mother and child.
• Inappropriate use of labor-inducing medications: Administering the wrong doses of drugs to induce or boost labor can result in complications, like uterine rupture and excessive bleeding.
• Improper use of delivery instruments: Using delivery instruments like forceps or vacuum extraction wrongly during delivery can cause birth injuries to the mother. They can lead to lacerations or damage to pelvic floor muscles.
• Delay in performing a cesarean section (C-section): If a doctor fails to perform a C-section when they should, it can affect the mother and the baby.

Negligence in Prenatal Care

Prenatal care refers to regular check-ups and monitoring during pregnancy to spot and address potential risks. In some cases, poor prenatal care can also contribute to birth injuries in mothers.

Some examples of negligence in prenatal care include:

• Failing to identify and manage pre-existing medical conditions that increase the risk of complications during delivery.
• Failing to identify and treat maternal infections, like group B streptococcus or urinary tract infections.
• Ineffective monitoring of fetal growth and development may result in failure to plan for a high-risk delivery.

Defective Drugs and Medical Devices

The use of defective drugs and medical devices during pregnancy, labor, or delivery can trigger birth injuries. Prescribing drugs with unknown risks and negative side effects can also stimulate adverse reactions in the mother.

Additionally, using defective drugs and medical devices during delivery can cause injuries like vaginal tears to the mother.

Legal Rights and Recourse for Birth Injuries to Mothers

If you’ve experienced a birth injury because of medical negligence, mismanagement, or defective medications, you may have the legal right to seek compensation for the damages you’ve suffered. A birth injury lawyer can help assess the situation and provide guidance on the appropriate course of action.

You can speak with our experienced and compassionate birth injury attorney at McEldrew Purtell to discover how we can help you get justice and the compensation you deserve. Contact us today for a free consultation.

Dram shops laws apply to bars, restaurants, and anywhere else where alcohol is served. These laws hold responsible sellers of alcohol who overserve customers when those customers cause an injury due to their intoxication. These often arise from personal injury or wrongful death cases, such as in car accidents from drunk drivers. However, any alcohol-related behavior that causes damage could be subject to a dram shop law.

At McEldrew Purtell, we understand how dram shop laws can affect your rights. Whether you are a business defending a claim or an injured person in need of representation, we are here to help.

Definition and Purpose of Dram Shop Law

A dram shop law holds businesses liable for the actions of other individuals who become intoxicated at the business establishment. The phrase “dram” shop harkens back to over a century ago when bars sold alcohol by the “dram.” The dram was a small serving of alcohol that was usually less than a typical shot of alcohol today. 

What is the Dram Shop Law?

Dram shop laws are state laws that govern the actions of businesses to help prevent overserving alcohol and causing accidents related to that intoxication, such as drunk driving accidents. Alcohol vendors are expected to refuse to serve an intoxicated individual, not sell alcohol to minors, and be responsible for their actions when determining when to sell alcohol to a person.

What is an Example of a Dram Shop Law?

One example is the Pennsylvania dram shop law. Under that law, any establishment that gives alcohol to an intoxicated person may be legally and financially liable for injuries or damages that the intoxicated person causes. This includes restaurants and bars as well as private parties.

Under Pennsylvania law, an establishment holding a liquor license may be liable under the Liquor Code and general civil liability principles. This could result in a bar’s loss of its liquor license and significant financial penalties.

The Application of Dram Shop Law

Dram shop laws allow injured victims to file a civil lawsuit against an establishment or individual who serves an intoxicated person who later causes an accident. Applying the dram shop liability law will often depend on the case’s individual circumstances and specific state law.

Establishments Liable and Situations Affected

Who is liable under dram shop law? Several establishments or private parties may be. Liability usually occurs because the establishment or private party serves a visibly intoxicated person or alcohol to a minor. A person may be visibly intoxicated if they are:

• Unable to sit or stand without swaying
• Having slurred speech or difficulty speaking intelligently
• Have bloodshot eyes
• Make statements about being “drunk” or intoxicated
• Are unable to walk in a straight line
• Fall over or stumble

A person who seems completely sober is not visibly intoxicated. However, a bar or server cannot ignore the signs of intoxication to claim they did not know the individual was drunk.

A social host may also be liable under dram shop laws, depending on the applicable state law. A social host is a private individual hosting an event or party that serves alcohol. Social host liability occurs when that host overserves a visibly intoxicated person or serves a minor that later causes injuries to others due to that intoxication.

Proving Legal Liability in Dram Shop Liability Laws

To establish legal liability under a dram shop law, you must prove that:

1. The establishment or server gave alcohol to a visibly intoxicated person or a minor
2. Serving the alcohol to the intoxicated person proximately caused the other person’s damages

Proving legal liability in these cases can be complicated without the assistance of a personal injury lawyer familiar with your state’s laws. Each state is different in what it requires for proof and which parties may be liable under a dram shop case.

Evidence commonly used to prove most dram shop cases includes:

• Proof that the server or bartender could visibly see signs of intoxication
• That the bar failed to card or check identification to avoid serving minors
• That the intoxicated person caused personal injuries to someone else
• That an intoxicated driver caused a drunk driving accident 
• Videos of the intoxicated person while at the establishment
• Blood alcohol readings of the individual after the accident
• Proof as to how many drinks were served to the intoxicated person

This evidence and more may help prove that the server or establishment violated the dram shop law. A knowledgeable dram shop attorney best handles collecting and presenting this evidence correctly.

Potential Compensatory Damages in Dram Shop Liability Cases

You could be owed significant compensation from that accident when you are injured because of an intoxicated person. Financial compensation from a dram shop liability case may include:

• Past and future medical costs
• Cost of rehabilitation services
• Costs to accommodate a new disability caused by the accident
• Lost income and lost earning capacity
• Property damages from the accident
• Pain and suffering compensation
• Loss of consortium
• Loss of enjoyment of life
• Wrongful death damages

Establishments and private individuals should be responsible when they serve alcoholic beverages. Their irresponsibility may mean they owe you compensation in a personal injury case.

Legal Representation in Dram Shop Law Cases

Dram shop law is complicated. The right personal injury lawyer can educate you about dram shop liability law and analyze your case to determine what compensation you may be owed. 

At McEldrew Purtell, our highly experienced dram shop law personal injury attorneys know how to pursue the monetary damages you deserve. We know how to investigate your case and seek to prove the establishment was responsible for the intoxicated person’s actions. Our lawyers know the challenges these cases present and how to overcome these obstacles to fight for your rights.

If you were injured because of an intoxicated person who was overserved, you might have a dram shop liability case. Let us help you with a free consultation of your case. Contact us today to learn more and get the help you deserve.

Every year, thousands of Americans who go through surgical procedures suffer from surgical errors in the operating room. And for many of them, the outcome can be devastating and life-altering. Some may end up with complications they didn’t have before the surgery, some may come out with a lifelong disability that will reduce the quality of their lives, and some may even lose their lives. 

If you suspect that you or a loved one has suffered from surgical errors, you need to understand what amounts to surgical errors and how a medical malpractice attorney can help you recover compensation for your injuries. 

Surgical Errors Statistics: How Common Are Surgical Errors?

Medical errors are a serious public health problem and are one of the leading causes of death in the United States. Among the different types of medical errors, surgical errors have severe consequences. 

Here are some statistics on surgical errors in the United States:

• Surgical errors account for a significant number of adverse events, and more than 4,000 surgical errors occur annually across the U.S. 
• Surgical retention of foreign objects (RFOs) occurs 1,500 times out of the 28 million surgical procedures performed nationwide. 

Different Types of Surgical Errors

Surgical errors occur in several forms. Below are the most common types of surgical errors:

Retained Foreign Bodies

Cases of retained surgical bodies (RSB) happen when health professionals forget any object inside the patient after a procedure. The consequence of leaving foreign bodies after surgery may manifest in different forms. The victim may feel the effect immediately after the operation, or it may take months or even years after the surgical procedure before the patient feels any pain or discomfort. 

In such cases, the patient would require another surgical procedure to remove the object. Retained foreign bodies happen 1,500 times out of the 28 million surgical procedures performed nationwide. Sponges are one of the most common objects health providers forget in the body after surgery, and they are mostly forgotten in the abdomen, pelvis, and retroperitoneal space. 

Lack of Proper Monitoring  

Surgical errors can also happen because medical professionals fail to monitor a patient during a surgical procedure. This can result in complications that can lead to life-threatening situations. It can happen when the nurse or anesthesiologist is reckless or absent-minded and fails to properly monitor the patient’s vital signs to signal the doctor when there’s a rapid rise or fall in values. 

Wrong-Site, Wrong-Procedure, Wrong-Patient Errors (WSPEs) 

Sometimes, a patient may undergo surgery on the wrong body part, have the wrong procedure, or go through a procedure intended for another patient. These “wrong-site, wrong-procedure, wrong-patient errors” are called never events — errors that should never occur and may be a sign of serious underlying safety problems. They often happen because of communication errors or misdiagnoses of a patient’s illness. 

Here are some instances of WSPE:

• Wrong side: A patient had the right side of her vulva removed instead of the left side, which had a cancerous lesion. Operating on the wrong level of the spine is a common mistake neurosurgeons make.
• Wrong patient: A patient underwent a cardiac procedure meant for another patient with a similar last name.

The Impact of Surgical Errors on Patient Safety

Patient safety has become increasingly important in recent decades, and it’s now an essential facet of providing quality health care. Complications because of a surgeon’s errors and system failures are inherent in surgical practice and are preventable causes of morbidity and mortality. Surgical errors cause severe injuries to patients, resulting in different surgical complications, including:

• Brain damage
• Spinal cord injuries
• Temporary or permanent disability
• Paralysis and nerve damage
• Death

The Prevalence of Surgical Mistakes

Surgical malpractice is a lot more common than people think. Every year, thousands of Americans suffer from preventable surgical errors that would never occur if health practitioners were not negligent or reckless. 

The Legal Aspect of Surgical Errors

Surgical errors may amount to medical malpractice, but not always. This is because the law acknowledges that medical professionals are human beings, and so they can make mistakes. The law will only hold them liable if they were negligent in providing care. 

Therefore, to understand when a surgical error amounts to medical malpractice, you need to understand medical negligence. 

Medical Malpractice and Human Errors: An Overview

Every case of medical malpractice involves medical error, but every medical error does not amount to medical malpractice. For medical errors to amount to medical malpractice, there must be medical negligence.

Medical negligence in surgical procedures occurs when the surgeon’s action in the operating room falls below the accepted standard of care. This means that another surgeon of similar training and experience would have acted differently in a similar circumstance. Also, the surgeon’s failure to meet the standard of care must be the actual and proximate cause of the harm you suffered. 

The Role of a Medical Malpractice Attorney in Surgical Error Cases

A medical malpractice attorney’s tasks include discussing with you, understanding your medical history, and evaluating your injuries to determine if it’s likely that a surgical error has occurred. If they suspect that the surgical complications you suffered are probably because of surgical error, the next thing is to investigate your case properly and determine if you have a case. 

If they decide you have a case, they will help you file the case, negotiate with insurance companies to try to settle your case, and represent you in court if your case goes to trial.

How McEldrew Purtell Can Help

Proving medical malpractice in surgical errors can be difficult, but you can count on our medical malpractice lawyers at McEldrew Purtell. We will help you understand your case and fight for your right to receive adequate compensation for your injuries. Contact us today to discover the difference our medical malpractice lawyers can make in your case and how we can help you to rebuild your life after a surgical error.