Marciano & MacAvoy, P.C.

Friday, October 5, 2018

Two Sponges Left In Woman's Abdomen During Surgery

The husband of a woman who died 15 months after a surgical team left two sponges in her abdominal cavity has filed a medical malpractice lawsuit against the doctors and hospital who performed her surgery.

Husband Alleges Surgical Mistake Caused His Wife's Death 

In 2010, a woman underwent a 17-hour surgery during which staff rotated in and out. At the end of the surgery, the medical staff alerted the surgeon that the sponge count was off and at least one sponge was missing.

X-rays were taken and the doctor identified one sponge which was removed during a second surgery. But the patient continued to have issues and her health declined over several months. The x-rays were once again reviewed and a second sponge was discovered. The original doctors attempted twice to remove the sponge and failed. During their attempts, the patient's spleen was injured. Finally, a surgeon at another hospital successfully removed the sponge but the the damage had been done. Her husband alleges that her internal injuries caused by the sponges and by the subsequent surgeries were ultimately what caused her death. 

He has now pursued legal action, knowing that a lawsuit won't bring back his wife, but hoping that he can make an impact and to raise awareness about the dangers of medical malpractice.

Thousands of medical malpractice lawsuits are filed each year by both patients and the loved ones of patients who died. Compensation, through either a settlement or award can help to cover all medical expenses, lost wages, physical pain, and emotional trauma.

If you or a loved one suspect that your injuries are the result of medical malpractice, contact our experienced attorneys today. Our legal team has successfully helped thousands of clients obtain the compensation that they need. Call our local law offices now to learn more.

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

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

Friday, September 7, 2018

$12 Million Awarded To Patient After Botched Surgery

When a patient is admitted for surgery they are told who will be performing the surgery and all about the procedure that will take place. This is so that they can make an educated decision about their own care and feel confident in the doctor who will be providing that care. Occasionally, however, surgeries don't go according to plan.

Resident Unexpectedly Joins Surgery & Causes Injury To Patient 

 In 2008 during a hernia surgery a resident was sent by the hospital to assist the main surgeon. Typically the surgeon wouldn't have allowed the resident to join in, however, he felt that since the hospital had sent her that he should include her in the operation.

The resident took part but made a mistake during the surgery which resulted in the perforation of the bowel. The mistake wasn't caught immediately and shortly after surgery the patient developed a serious infection which resulted in sepsis.

After she recovered the patient filed a medical malpractice lawsuit against the surgeon and the hospital, alleging that negligence caused her serious harm.

Medical Malpractice Lawsuits Provide Victims With Compensation 

When a medical professional makes a mistake the victims of their negligence have the right to pursue legal action which may provide them with compensation for their losses, such as medical bills, lost wages, and physical pain and suffering.

Our law firm has helped hundreds of medical malpractice victims obtain the compensation that they need. If you or a loved one believe you may have a case, contact our lawyers today.

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

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

Friday, August 3, 2018

Driver With Suspended License Kills 6-Year-Old While Driving Drunk

A 6-year-old child died after being hit by a drunk driver in Philadelphia while riding a minibike.

Drunk Driver Hits Father & Son Riding Minibike

At around 11:15 p.m., a father and his son were enjoying time together while riding a minibike. Then the unexpected happened - a car came out of nowhere and hit both of them. Neighbors said the crash was so loud that it woke them up.

Those who came out to see what the noise was found a child lying face down in the street and a man whose leg was nearly severed. Neighbors called 911 and both were rushed to the hospital where doctors were unable to save the child's life.

When police arrived on the scene they found a damaged SUV with a driver who was slurring his words. A quick look into the car revealed an empty liquor bottle and beer can. The driver was arrested and is now facing DUI charges.

Police say that the bike was not registered and did not have any lights on it.

Families Impacted By Drunk Driving Can Seek Compensation 

If you or a loved one were hurt due to a drunk driving accident, you can seek compensation through a drunk driving lawsuit. This lawsuit won't change the past but a settlement or verdict could provide you with the compensation that you need to pay for medical expenses, cover lost wages, and the trauma you have endured.

To learn more about your legal options, call our experienced attorneys now for a free consultation:

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

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

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