Marciano & MacAvoy, P.C.

Thursday, July 5, 2018

$18.4 Million Awarded To Plaintiff After Doctors Fail To Test For HIV

A 48-year-old man with brain damage caused by AIDS has been awarded over $18 million by a jury who determined that his doctors were negligent because they failed to test him for HIV.

Doctor Cancels HIV Test For At-Risk Patient

In 2007, the plaintiff presented to the hospital with facial paralysis, where a resident told him that his clinical symptoms were highly suggestive of HIV. The resident suggested numerous tests, including an HIV test, and the plaintiff signed a consent form for that testing, including an HIV test.

However, when the resident presented his plan to the doctor overseeing him, that doctor disagreed and cancelled the HIV test, writing "no risk of HIV". This assessment came despite the plaintiffs admission to being a gay man as well as his personal history as an EMT where he was exposed regularly to bodily fluids. All of these risk factors were clearly noted in his medical chart.

When the plaintiff spoke with his regular doctor about the test results, he was told it all "looked good" and assumed this also meant he was HIV negative as no one had informed him that the test had been cancelled.

Over the next three years his physical condition continued to deteriorate and it wasn't until another doctor recommended testing for the virus that he learned he had never been tested before and that he was, in fact, HIV positive and the diseased had progressed into AIDS.

The disease had already caused brain damage, ending his career as an attorney, so he chose to pursue a medical malpractice lawsuit against the doctor who failed to test him in 2007. After an 8-day trial, the jury sided with the plaintiff and awarded him $18.3 million for his losses.

Failure to Diagnose A Common Issue

 When a patient presents with certain symptoms, it is a doctors responsibility to rule out all possible diseases, and yet, often physicians fail to run the appropriate test, putting their patient's lives at risk.

If you or a loved one were hurt because a doctor failed to diagnose your medical condition, contact our law offices to learn more about how you may be able to recover compensation.

Marciano & MacAvoy, P.C.
1515 Market St #1600
Philadelphia, PA 19102

Marciano & MacAvoy, P.C.
16 W Front St
Media, PA 19063

Monday, June 4, 2018

$1.3 million Awarded To Mother & Son

Whenever someone goes to the hospital they are seeking care for an illness or injury that they can't take care of on their own and they trust that the nurses and doctors who treat them will know the appropriate action to take. However, even if the correct treatment is given, side effects must be managed so that the patient doesn't suffer from preventable harm.

Child's Hand Disfigured From Preventable Condition 

In 2014, a mother took her one-month-old baby to the ER because he had a high fever. He was admitted to the hospital for treatment, including medication which was supposed to be administered through an I.V. which was placed in the back of the child's hand.

The I.V. was not placed properly and instead of delivering the medication into the child's bloodstream, it went into the surrounding tissue where it caused tissue death. Within hours, the back of the infant's hand had black tissue and ultimately, he has permanent damage and a scar.

His mother sued the hospital alleging that if the I.V. had been placed properly and the child monitored, he would not have sustained the damage to his hand.

A jury agreed with her and awarded both mother and child $1.3 million for his losses.

Medical Malpractice Can Hurt Anyone 

It doesn't matter who you are, the type of insurance you have, or how much money you can pay, medical malpractice can hurt anyone and you can almost never see it coming. But if you've been the victim of med mal, you do have legal rights and you might be owed compensation for the trauma you have endured.

To learn more, contact our law firm:

Marciano & MacAvoy, P.C.
1515 Market St #1600
Philadelphia, PA 19102

Marciano & MacAvoy, P.C.
16 W Front St
Media, PA 19063

Friday, May 11, 2018

$1.5 Million Awarded To Drunk Driving Victim

Shortly before Christmas, a 21-year-old woman went Christmas shopping with a friend. When they were done, she dropped her friend off at home and began the journey home.

Unfortunately, she wouldn't make it home that evening.

A little way down the road she was hit head-on by a drunk driver, going 70 mph. She sustained a traumatic brain injury, ruptured spleen, lacerated liver, broken femur, dislocated elbow, and a broken arm. She was flown to a nearby hospital where she underwent emergency surgery and was hospitalized for quite some time. Today, she has extensive scarring and long-term physical limitations. She will need continued medical care for the rest of her life.

The drunk driver was found to have a blood alcohol level of twice the legal limit and admitted liability.

Dram Shop Lawsuit Filed 

The victim filed a lawsuit against both the drunk driver and the bar which had served her alcohol, alleging that the bar was negligent because they continued to serve the drunk driver even after she became visibly intoxicated.

At the end of the trial, the jury agreed with the plaintiff and awarded her $1.5 million.

Monday, April 16, 2018

$3 Million Awarded To Family Of Man Who Died In Hospital

There are many ways in which medical professionals can be considered negligent. In some cases, this might mean a surgical mistake was made, the wrong drug was prescribed, or that a misdiagnosis was made. However, failing to monitor a patient, even when that patient is receiving the correct treatment, can also be considered negligence.

84-Year-Old Dies In Fall At Hospital 

In April of 2018, a jury spent four days hearing from the loved ones of a man who died when he slipped and fell in a hospital.

On the day of his death, the patient had undergone a cardiac procedure and had a pacemaker inserted. As was recommended, he was hospitalized overnight after this procedure.

Just before midnight, a nurse who was working the overnight shift gave him an Ambien, a drug which is often used to help people sleep. It does have side effects, however, which can include balance issues since fine motor skills are impacted.

About an hour after being given the medication and after showing signs of confusion, the nurse guided the patient to a chair, hoping he would rest. The chair, unlike many of the beds, did not have an alarm or fall protection. She left him unattended and some time later, he attempted to get up. That's when he slipped and fell, hitting his head on the floor.

The impact resulted in a subdural hematoma and a deep laceration. He underwent a second surgery to remove the hematoma but the damage was done. He suffered from conscious pain for the next several weeks and ultimately was placed in hospice care where he died.

Plaintiffs Allege Negligence

The patient's loved ones sued the hospital, alleging that an alarm or fall precautions should have been in place around the chair. They further alleged that the hematoma was what ultimatley caused his death.

The jury sided with the plaintiffs and awarded them $3 million for their loss.

Marciano & MacAvoy, P.C.
1515 Market St #1600
Philadelphia, PA 19102

Marciano & MacAvoy, P.C.
16 W Front St
Media, PA 19063

Wednesday, March 7, 2018

$3 Million Awarded To Plaintiff Whose Cancer Was Misdiagnosed

A Pennsylvania woman has won the lawsuit she filed against two radiologists and has been awarded $3.35 million.

Radiologists Missed Signs Of Breast Cancer

The plaintiff visited the same hospital in 2012 and 2013 where she underwent mammograms to screen for breast cancer. When reviewing her scans, the radiologists determined that although there were clear signs of calcification, the areas of calcification were benign. Unfortunately for the patient, they were wrong.

In 2013 she let her gynecologist know that she had a strange lump in her armpit, which ultimately turned out to be an enlarged lymph node. When tests were run, it was determined she had Stage 3 breast cancer that had spread to her lymph nodes, resulting in enlargement. Cancer that could have been caught much earlier.

With Stage 3 breast cancer, women have a 75% chance of surviving for five years.

She chose to file a lawsuit against the radiologists who failed to diagnose her sooner for two reasons:

1. So that other women would be protected from similar mistakes.
2. To recover compensation for her losses.

After a lengthy trial, the jury agreed with the plaintiff and determined that both doctors were at fault for failing to diagnosed her.

Cancer Misdiagnosis Is Frequent

 Unfortunately, the symptoms of cancer are often mistaken for other conditions, however, it is a doctors duty to rule out all possible causes of their symptoms. If they fail to do so, they can be held legally liable for the suffering that their patient endures as a result.

Thursday, February 8, 2018

Georgia Woman Awarded $26 Million For Brain Damage Caused By Medical Malpractice

In 2012, a Georgia woman underwent a neck surgery. At first she thought that everything had gone smoothly but three days later she went to the emergency room for severe neck pain and difficulty breathing. She arrived at the ER at around 5:30 a.m. hoping that she would be provided with care quickly but that didn't happen.

Doctor Found To Have Violated Hospital Policy

Despite her breathing issues the physician on duty at the ER failed to see her for nearly six and a half hours - even though hospital policy dictated that all patients needed to have at least an initial evaluation within two hours of arriving.

Tragically, during the wait time, her breathing issues worsened. When a pulmonologist arrived, he immediately diagnosed her with a pulmonary obstruction and a blood clot. Emergency surgery was performed to correct the issue but the damage had already been done. She had been deprived of oxygen for too long and sustained brain damage which leaves her blind and confined to a wheelchair. At the time she was just 52-years-old.

She and her husband chose to file a medical malpractice lawsuit against the doctor and hospital, alleging that her brain damage could have been prevented if she had been seen in a timely manner and diagnosed earlier.

After a two-week trial during which it was made clear that it was the ER doctor and not the surgeon who was at fault, the jury agreed with the plaintiffs and ordered the hospital to pay $26 million dollars for the losses she had sustained.

This is just one of many medical malpractice lawsuits in which the plaintiff's pain and suffering could have been prevented if a doctor had made a different decision.

Marciano & MacAvoy, P.C.
1515 Market St #1600
Philadelphia, PA 19102

Marciano & MacAvoy, P.C.
16 W Front St
Media, PA 19063

Sunday, September 17, 2017

Cerebral Palsy Attorney

When patients visit a physician's office or hospital, they would like help for any indications are causing them distress. Generally, they trust that the medical practitioner taking care of them has their best interests in mind, but even the most well intentioned health experts make mistakes which can change the way that an individual resides their own lifestyles.
Our experienced team of lawyers has helped patients who sustained physical, psychological, and mental deficits due to:


If a doctor fails to correctly identify the medical condition that their patient is afflicted by, not just are they putting that patient's own life online however they might also cause them injury from prescribing unnecessary medications, performing operation Brain Injury Lawyer which otherwise wouldn't have been performed and allowing a developing disease or cancer to proceed to propagate.

Medication Errors

Even if the correct drug is prescribed, it's important for the individual writing the prescription to simply take in to consideration the patient's age, weight, gender, and other medications that they could be carrying. If two medications interact badly or if the wrong dose is given, irreversible damage can be caused.

Birth Injuries

The birth of a child is almost always a joyous occasion but that joy may possibly develop into terror once a nurse, doctor, or neonatologist produces an error that harms the caretaker, child, or both.

Why Chose Marciano & MacAvoy P.C.?

Kevin Marciano and Pat MacAvoy have dedicated their careers to making certain that the victims of medical malpractice and personal injury accidents get the compensation that they have to recuperate. Compensation may provide the plaintiff with complete coverage of health care bills, lost wages, physical pain and suffering and even psychological harm. Throughout the entire legal procedure, clients can trust that their team could keep them upgraded every step along the method.