Marciano & MacAvoy, P.C.

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
215-866-1942


Marciano & MacAvoy, P.C.
16 W Front St
Media, PA 19063
610-566-6500

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:

Misdiagnosis

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.

Wednesday, March 29, 2017

How Long Can A Medical Malpractice Trial Go On For?

Medical malpractice suits can go on for years, if you take into account the years of pre-trial, preparation and investigation into the accused doctor's records and service. It is rare that malpractice suits last only a few months because doctors are able to hire the best lawyers to defend them while patients may appeal rulings again and again. Only in clear cut cases of medical negligence are malpractice suits settled so quickly. Here are some other factors that can affect a malpractice trial.

Jurisdiction and Scheduling


Some court jurisdictions have heavy caseloads. Crime is a major problem and the courts are booked for months. In your case, you would be appearing in a civil court for a malpractice suit. Because of the amount of compensation, it does not fall under "small claims" so you would have to wait for an opening in the court's schedule to have your complaints and accusations heard in court. The severity of the complaint and the accusations may defer your case to criminal court as a felony, but usually a death has to be involved for it to go that far.

In other jurisdictions, your hearing may be scheduled as soon as two weeks after you file. This is because the court clerks only put hearings on the docket two weeks out at a time. If you cannot get on a docket in those two weeks, you have to make arrangements through your lawyer to contact the courts close to the end of the first week to get on the schedule two weeks after that.

Your Evidence and Other Patients


Your evidence of malpractice plays a part in the length of the trial too. If you have mountains of evidence, it may take days or months to present. Additionally, if other patients are named in the same case and have opted to participate in the lawsuit as a group rather than as individuals, their evidence must also be seen and heard. The more that needs to be presented, the longer the hearing goes, and the doctor can appeal the decision at any time, making the trial continue for months and years.

Speak With A Pennsylvania Personal Injury Attorney Today Concerning Your Medical Malpractice Lawsuit.

If you believe that you or a loved one experienced medical malpractice, you can contact the attorneys at Marciano Legal today.

We have an office in Philadelphia, PA where we help clients throughout the State of Pennsylvania to file lawsuits.

Call our office today to schedule a free consultation or visit us at our Philadelphia office located at:

Marciano & MacAvoy, P.C.

1515 Market St #1600
Philadelphia, PA 19102
215-866-1942
Check us out on social media:
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Friday, March 24, 2017

Philadelphia Medical Malpractice Lawyers

How To Find The Right Medical Malpractice Attorney For Your Law Problem 


Working with a medical malpractice lawyer to represent you is a costly endeavor. If you work with a skilled lawyer who is offering special, discounted rates you will probably be in a position to save quite a bit. Read these tips for locating an affordable lawyer in your area.

Even educated legal consultants are susceptible to making errors every now and afterwards. The difference is that great attorneys will learn from their blunders and get better the following time. Medical malpractice lawyers should understand that none of their clients are perfect. If there's a mistake made while they are working on your case, a high quality legal consultant will likely be in a position to apologize to you.

Any highly regarded medical malpractice lawyer will show dignity to all people who have more expertise in the legal category. Medical malpractice attorneys who have done a lot for the community will also have the respect of good attorneys. It isn't unusual for younger legal consultants to use their time to study the lives and careers of their successful elders. They learn from them, but also from their legal successes.

If you are a law student at a college, you will understand that the study of law is complex and challenging. By the time they reach graduation, they have amassed an amazing amount of knowledge. When you are searching for a dependable attorney, you need to focus on both their grades as well as their case experience. Before you agree to have a particular attorney represent you in court, request an interview with him or her to ensure that you are on the same page.

A good attorney will keep on demanding your rights and guard you in court despite the fact that you are at fault. A great attorney will take up the case and stand by you as he or she will not judge your innocence or guilt. The job of your attorney is to maximize your advantage if you are proven innocent, or mitigate the damage if the case is lost. The best asset you could have if you find yourself in court is definitely an experienced attorney.

It's a must for attorneys to have their license for them to practice law. When selecting an attorney, ensure he or she's licensed in your state. So clients can see the permit at all times, it should be shown on the wall. Asking specific questions might help you discern how thoroughly your medical malpractice lawyer knows the law.

An accountable attorney understands the significance behind always keeping an even temper. They need to remain calm and address changes as they arise. In order to keep from making mistakes in the representation of your legal case, your medical malpractice lawyer must have the ability to keep a level head at all times, even though the law decides to hurl a curve ball at them. You could get insight from the lawyer's previous cases and clients.

Marciano & MacAvoy, P.C.
1515 Market St #1600
Philadelphia, PA 19102
(215) 866-1942

Check us out on social media:
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https://www.facebook.com/MarcianoLegalMedMal/
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