Firm Blog


MEDICAL MALPRACTICE RISKS IN COMMUNICATION FAILURES

When information falls through the cracks, diagnoses are missed, treatment is compromised and patients are harmed. Errors often occur because information is not recorded, misdirected, never received, never retrieved or ignored. For example, when I ask a doctor if they review nurses notes the typical response is sometimes or rarely. I recently had a doctor […]

Medical Malpractice: Don’t Believe Everything You Read

Anyone who does medical malpractice litigation has heard the following: “If it’s not documented in the medical record, it was not done.” The omission of critical facts can be a significant finding that supports liability. Although there is really little to prevent a health care provider from testifying that an omitted fact from the record […]

The Truth Is No Longer In The Medical Records

Once upon a time. . . we relied upon the medical record to tell us the non-fiction version of what happened to our clients. Then along came electronic medical records and non-fiction is no longer fact. The medical record is supposed to be a systematic documentation of the medical care across a defined period of […]

Informed Consent after the Supreme Court decision in Shinal

On June 20, 2017, the Pennsylvania Supreme Court ruled in Shinal v. Toms that the duty to obtain informed consent is the physician’s non- delegable duty.  The case involved a surgical procedure that resulted in hemorrhage, stroke, brain injury and partial blindness due to perforation of the carotid artery during the surgery. During the trial […]

Compartment Syndrome

By: Karesa M. Rovnan Many of us never heard of “compartment syndrome” until wide receiver for the Pittsburgh Steelers, Antonio Brown, was taken to the hospital after a direct blow to his lower leg while trying to make a catch last season.  Doctors wanted to make sure Brown didn’t have compartment syndrome, an orthopaedic emergency.