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Firm News

Medical Malpractice

• Jury awards 2.5 million against UPMC for medical malpractice
  Jan 21, 2010

  Berger & Lagnese asks for a new trial on survival act claim after jury awards $2,500,000 against UPMC for wrongful death claim as a result of UPMC being found liable for the death of a 24 year old accountant at Ernst & Young. - 1 - 10

• Jury Verdict Against Doctors in Medical Malpractice Claim
  Jan 18, 2010

  Ronald Weaver contracted clostridium difficile, also known as C. diff., while being treated for a foot infection at Northeastern Hospital in Philadelphia in 2005.

  The doctors at Northeastern began treating him for C. diff., however, one of the doctors failed to give him a 14-day course of medication for the infection as instructed by one of the hospital’s infectious disease physicians.  Instead, he only received a 7-day course of the medication. 

  The treating doctor then sent a letter to his primary care doctor regarding the events.  However, the letter was misdated with July 24, 2004 rather than with the actual date of July 24, 2005.

  A week later, Mr. Weaver went for a follow-up appointment to his primary care doctor.  Instead of seeing his regular doctor, he had his appointment with one of the other partners.  The doctor did not see the letter regarding Mr. Weaver’s sickness and re-prescribed a cephalosporin antibiotic for his foot.

  Mr. Weaver returned to his doctor’s office two weeks later complaining of sickness since he was discharged from the hospital.  He was instructed to return to the hospital.  When he did, Mr. Weaver was diagnosed with toxic megacolon and septicemia.  He required surgery to remove his colon.  The surgeons also performed a procedure to attach a pouch to collect his intestinal waste.

  A jury awarded the plaintiffs $2.75 million for failure to properly treat an infection that required the removal of his colon.

  - 2 - 10

• Patient Went Into Cardiac Arrest Following Allergy Shot
  Dec 18, 2009

  Selena Angeloff was diagnosed with chronic sinusitis, extrinsic asthma, allergic rhinitis and allergic conjunctivitis.  She was receiving immunotherapy shots for several months by allergist Jack Armstong, M.D. of the Medical Arts Allergy P.C. in Mechanicsburg, Pennsylvania.

  After receiving a shot, Ms. Angeloff came out of the examination room of the facility.  She was short of breath, wheezing and exhibiting cyanosis.  She was given a nebulizer and collapsed, unconscious and without a pulse.  She was taken by ambulance to a local hospital. 

  Ms. Angeloff suffered cardiac arrest, respiratory arrest, hypoxia and anoxia, which led to her death an hour after she was taken to the hospital. 

  Decedent’s estate sued the doctor, his staff and practice for wrongful death and medical malpractice.  Their claims included negligence against the defendants for failing to adequately treat the decedent as a high-risk patient given her past medical history, for failing to adequately ventilate and/or provide oxygen after the decedent collapsed and allowing the nurse defendants to provide care to the decedent beyond the scope of their respective professions, licenses, skills and/or experience. 

  A settlement in excess of $300,000.00 was reached between the parties.

  - 3 - 10

• Incompetent Nurses Often Employed At Temporary Firms
  Dec 08, 2009

  The Los Angeles Times reports some firms that supply temporary nurses to the nation's hospitals are taking shortcuts in their screening and supervision.  An investigation found numerous instances in which staffing agencies skimped on background checks or ignored warnings from other hospitals.  These practices put seriously ill patients in the hands of incompetent or impaired caregivers.  As a result, some temporary nurses with documented histories of poor care fall asleep on the job, fail to perform critical tests or have stolen drugs.  With limited regulations, workers can jump from place to place to avoid the consequences of their misconduct.  Failings in the temporary industry are also magnified because nurses are in particularly short supply.   - 4 - 10

• UPMC Announces Strong 2009 Fiscal Year
  Sep 03, 2009

  Last week, UPMC announced its financial results for the fiscal year 2009.  The giant medical center managed through difficult economic challenges to show growth in 2009.  Since this time last year, UPMC’s operating revenue grew by $653 million to $7.7 billion and operating income increased by $29 million to $213 million.
  
  UPMC is one of the leading nonprofit health systems in the United States and employs about 50,000 at its 20 hospitals, 400 doctors’ offices and outpatient sites, long-term care facilities and health insurance services division.
  

  - 5 - 10

• Brain Bleed Pittsburgh Attorney | Pennsylvania Brain Aneurysm Lawyers
  May 06, 2009

  Trial magazine, the Journal of the American Association of Justice, published an article written by attorneys David Paul and Melissa Neiman.  They write that aneurysm in the brain (cerebral aneurysm) are ballooned areas on arteries.  If they stretch and rupture, blood leaks out of the artery and into the brain.  This initial leak is called the sentinel leak.  This results in a sudden, explosive headache.  Often these patients have a headache but no other signs or symptoms.  Other signs and symptoms may include nausea, vomiting, sensitivity to light or neck pain.  Of course, altered consciousness such as drowsiness or agitation, weakness, visual problems or paralysis are important findings. 
  
  Up to 60% of the patients that seek medical attention are misdiagnosed and later suffer a larger hemorrhage.  Many of these patients will go to the emergency room complaining of headache. If the sentinel leak is diagnosed and treated promptly, the patient will suffer no injuries.  If, however, the leak is misdiagnosed and a more serious bleed occurs, the patient likely will suffer brain damage resulting in paralysis, loss of vision, or death. 
  
  The doctors' failure to diagnose a ruptured brain aneurysm or bleeding around the brain may be due to the doctors' failure to obtain an adequate history; to perform a thorough neurologic exam; or to understand the significance of the findings on physical exam.  Also, many times the doctor does not order, obtain or accurately interpret tests that would show the rupture and/or bleed. 
  
  In this article, the authors discuss the risk factors for a ruptured brain aneurysm including more women than men; more blacks than whites; age; family history; and pregnancy.  Also, smoking, hypertension, heavy alcohol use and cocaine use are risks for a ruptured aneurysm.
  
  Once the differential diagnosis includes subarachnoid hemorrhage, a CT scan of the head should be done.  If the CT scan is normal or inconclusive, a lumbar puncture should be performed to look for blood in the cerebrospinal fluid.  Once the diagnosis of bleed is made, cerebral angiography should be done to identity the location of the source of the bleeding.  Definitive treatment is done by surgical placement of a clip across the aneurysm to prevent rupture or, less invasively, placement of coil in the aneurysm via a catheter.
  
  For free information about aneurysms and bleeds in the brain, contact the medical malpractice attorneys of Pittsburgh, PA, working for injured persons in Pennsylvania, including Pittsburgh, Greensburg, Uniontown, Erie, and Washington. - 6 - 10

• UPMC profits down but overall financial condition still good
  Jan 26, 2009

  UPMC announced on August 21, 2008 that its profits for fiscal year 2008 were $5 million.  That is down from a reported $612 million in fiscal year 2007.  Most of this decline is due to losses in UPMC's investment portfolio.  UPMC remains exceedingly profitable, earning $184 million in 2008 in its hospital, doctor, and health insurance operations.  The money generated in 2008 by UPMC's hospitals, health insurance business, and other holdings was $7.02 billion, up 12% from fiscal year 2007. - 7 - 10

• Errors in Doctors Office
  Jan 26, 2009

  A recent study on errors in doctor's offices showed that 60% of the errors found were related to reporting test results to the doctor. The study sponsered by the American Academy of Family Physicians and the U.S. Agency for Healthcare Research and Quality also reports that 18% of the errors that occur in a doctor's office result in physical or emotional injury to the patient. 
  
  If you believe you have been injured as a result of an error that occurred in a doctor's office call us at 412-471-4300 or toll free at 800-350-6161, or email us.  Berger & Lagnese has an experienced team of lawyers and doctors that specializes in medical malpractice, and works on cases in Pittsburgh, Greensburg, Uniontown, Erie, Beaver, Washington, and throughout Western Pennsylvania. - 8 - 10

• Don't Become a Victim of Surgical Errors
  Jan 26, 2009

  CNN reports on some things a surgical patient can do in order to help prevent surgical errors. First investigate your doctor and hospital.  Make sure they regularly perform the surgery you are having done.  Second, tell everyone you come into contact at the hospital who you are and why you are having surgery. Third, make sure your doctor initials the surgery site.  Fourth, confirm your surgical site with your surgeon immediately before the operation.  And finally, train a friend or family member to be your advocate. - 9 - 10

• Preventing Medical Errors Could Decrease Healthcare Costs by 30%
  Jan 26, 2009

  UPI reports that in addition to saving lifes, preventing medical errors could decrease healthcare costs by as much as 30%. The Agency for Healthcare Research and Quality states in a new study that cost savings from reducing medical errors is much larger than previously thought. - 10 - 10

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