Francisco Castenada was being detained by immigration authorities. He consistently sought treatment for a bleeding lesion. A physicians assistant and three outside specialists repeatedly stated that Castenada urgently needed a biopsy. A Public Health Service physician and a Public Health Service officer, however, denied the request. After Castenada was released from custody, tests confirmed that he had metastatic cancer. Castenada sued the United States under the Federal Tort Claims Act. He also sued the Public Health Service employees for constitutional violations. After Castenada died, his heirs became … [Read more...]
Court Orders Pennsylvania to Fund Malpractice Assessment Account
April 21, 2010 by
In Pennsylvania, a medical professional fund, known as the MCARE Fund, has been established. This Fund is used to pay malpractice claims against medical providers in excess of their basic insurance coverage. The MCARE Fund is funded by an assessment on each participating healthcare provider. In 2003, Pennsylvania enacted an abatement law to reduce or eliminate MCARE providers’ required contributions to the MCARE Fund. To fund the abatement program, Pennsylvania established a special account known as the HCPR Account. The HCPR Account was, in turn, funded by increased cigarette taxes and a traffic violation … [Read more...]
New England Journal of Medicine Article: Malpractice Reform Should Focus On Disclosure and Early Resolution
April 15, 2010 by
In a recent article published in the New England Journal of Medicine (March 31, 2010), the authors recognize that traditional methods of malpractice reform, such as state caps on non-economic damages, may not be working. As noted in the article, this past February the Illinois Supreme Court ruled that the state’s cap was unconstitutional. There are three distinct types of “disclosure and offer” programs. To discourage lawsuits, each of these programs encourage candid disclosure about medical injuries, apologies when appropriate and providing for the patient’s financial needs, in at least a limited … [Read more...]
Pennsylvania Medical Malpractice Lawsuit Filings Decrease Dramatically
April 8, 2010 by
From 2003 to 2008, lawsuits for medical malpractice cases in Pennsylvania decreased 37% to 41% from the average number of cases filed in 2000 to 2002. This information is from statistics compiled by the Pennsylvania Supreme Court. Also according to the Pennsylvania Supreme Court, for 2008, the most recent year available, the doctor, hospital or other medical provider won in over 81% of the medical malpractice lawsuits filed. Here in western Pennsylvania, the medical providers also won the malpractice lawsuits most of the time. For instance, in Allegheny County the jury found in favor of the medical provider in 14 … [Read more...]
Jury Finds for Plaintiff in Highly Contested Allegheny County, PA Motor Vehicle Accident
April 2, 2010 by
I was recently successful in securing a favorable verdict for an Allegheny County, PA motor vehicle accident victim. Alhaj v. C&K Industrial Services, Inc. and Keeder, No. GD08-001439 (Allegheny County, PA February 5, 2010). This motor vehicle wreck occurred in Munhall Borough, Pennsylvania. As the plaintiff pulled his car into an intersection, he was struck on the passenger side by a truck coming up the intersecting street on his left. The plaintiff had a stop sign, but the truck driver did not. This presented a challenge in proving that the truck driver was responsible. An accident … [Read more...]
Lawrence County, PA Court Rules in Favor of Limited Tort Auto Accident Victim
March 31, 2010 by
Harlan’s car was struck in the rear by a Pennsylvania State Police car. Harlan sued the Pennsylvania State Police for injuries. The state police asked the court to dismiss Harlan’s lawsuit because Harlan’s claim was governed by Pennsylvania’s limited tort law. Under Pennsylvania law, an auto accident victim with limited tort can only recover for out-of-pocket expenses unless he has a serious injury. A serious injury is a serious loss of a bodily function. Here, Harlan had three surgeries and forty physical therapy sessions. He missed work and could not fully participate in certain … [Read more...]
PA Supreme Court Refuses Appeal on Important Underinsured Motorist Case
March 26, 2010 by
Amanda Pusl was injured in a car wreck through the negligent driving of Matthew Means. After a two-day trial, a jury awarded Pusl $100,000 in damages for her injuries. Before trial, Pusl had already received $75,000 for these injuries from her own underinsured motorist insurance company, State Farm. $75,000 was the limit of Pusl’s underinsured motorist coverage with State Farm. As requested by Means’ attorney, the trial judge subtracted the $75,000 from the $100,000 jury verdict, reducing it to $25,000. Pusl filed an appeal. On appeal, the Pennsylvania Superior Court, clearly misreading the … [Read more...]
New York Times Recognizes Validity of McDonald’s Lawsuit
March 11, 2010 by
Yesterday, the New York Times recognized what personal injury lawyers like me have known for a long time: companies that sell food to the public “have an undeniable responsibility to ensure their products are safe.” The editorial, titled “A Nonfrivolous Suit”, discusses a lawsuit against McDonalds filed in Virginia. This is not the famous McDonald’s hot coffee case. In this latest lawsuit, Frank Sutton’s lips were severely burned when he bit into an extremely hot fried chicken sandwich. The next morning he noticed that his lips had bled on his pillow. The federal District Court dismissed the suit. … [Read more...]
