Marciano & MacAvoy, P.C.

Thursday, December 22, 2016

Understanding Standard of Care And How It Affects Your Case

Medical malpractice can be a difficult thing to determine. Since even the best doctors sometimes misdiagnose patients or experience unforeseen complications, a bad outcome does not mean that medical staff did anything wrong. Instead, malpractice is determined by whether or not the doctors met an adequate standard of care. MarcianoLegal.com gives more information about what medical malpractice is.

What Is the Standard of Care?


In general terms, the standard of care is what an average health care provider with similar training and a reasonable amount of skill would do in a specific situation. This includes both the amount and type of care a patient should receive. For example, if a patient is misdiagnosed because a provider did not order a test that is considered routine for his symptoms, the provider may have been negligent. However, if the patient is misdiagnosed because routine tests did not catch key symptoms, the provider probably was not negligent even if more extensive testing would have resulted in the correct diagnosis.

Standard of Care and Best Practices


The key to understanding standard of care is to remember that it is a legal term, not a medical one. Many people confuse it with the idea of best practices, which are the ideal standard of treatment. However, standard of care is much more basic. It allows for physicians to make mistakes or provide a lower level of care, as long as it still falls within average levels.

The Difference Between Malpractice and Other Types of Negligence


The most common standard for negligence is based on the idea of what a reasonable person would have done in any given situation. However, since juries are not generally made up of other doctors, it can be difficult for them to determine what a reasonable medical professional would do. In addition, almost all medical procedures come with a risk of complications, so deciding whether it was reasonable can be difficult.

Instead, medical malpractice decisions are based on customary practices and whether the doctor followed them. This protects doctors from the risk of being successfully sued for normal complications, while still holding them accountable for true negligence.

Speak With A Pennsylvania Catastrophic Injury Attorney Today

If you believe that you or a loved one suffered a catastrophic injury, 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

Wednesday, November 23, 2016

What Is A Catastrophic Injury Lawsuit?

A catastrophic injury is serious and holds the potential of changing the way someone lives completely. Suffering from a catastrophic injury refers to serious damage of the spine, the brain, skull fractures or spinal cord.

A Catastrophic Injury Lawsuit


When dealing with a catastrophic injury, if the event is due to the negligence of another individual, whether it is another driver, a company not providing necessary safety equipment or another issue all together, the person who has suffered this catastrophic injury should not be at fault.

Such an injury, even if the individual is able to survive it, is not only painful and reduces the quality of life, but these injuries are extremely expensive. People may end up paying hundreds of thousands, if not millions of dollars to pay for such injuries. Sometimes it is necessary to go after a health insurance provider who cuts off payment for the injuries or another financial provider who has pulled out money due to the cost, even though the ability to pull out is not in a signed contract.

Top Causes Of These Injuries


Around 12,500 people suffer a spinal cord injury and survive every year. In 2014, 29 percent of all spinal cord injuries in men were caused by auto accidents, while this number jumped up to 48 percent of female spinal injuries. The second largest cause of spinal cord injuries is a fall, with around 22 percent of both men and women suffering from this. Gun wounds to the spine is another major cause of these catastrophic injuries, with 16 percent of men who experience such injuries stemming from a gun wound.  

Speak With A Pennsylvania Catastrophic Injury Attorney Today

If you believe that you or a loved one suffered a catastrophic injury, 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

Friday, October 28, 2016

What Is Considered A Dangerous Drug In A Lawsuit

If you have received medical treatment in the recent past and the end result of the treatment was negative rather than positive, you may be wondering what you can do about it if anything. A malpractice lawsuit is an option that may be available to you in order to receive compensation and restitution for what has happened to you.

Medical Malpractice: Prescription Drugs

One of the issues that you may have had was a problem with the prescription drugs that were given to you. There are numerous types of drugs used in medicine, some are relatively innocuous (i.e. safe with very few side effects). On the other hand, there are also those drugs that may be considered dangerous. The question then becomes, what is considered to be a dangerous drug in terms of a lawsuit?

What Is A Dangerous Drug?

According to the laws defining different types of drugs, a dangerous drug most often refers to a narcotic (also often referred to as an opiate or opioid) drug. The term can also refer to controlled substances as well as controlled substance analogs. However, dangerous drugs may also be drugs that have been recalled or that had undisclosed serious side effects and potential issues.

Does Your Issue Qualify?

When you are thinking about pursuing a lawsuit regarding a drug you were prescribed or administered, the first thing that you should take a look at is whether or not the issues you had, as a result, are listed side effects of the information provided about the drug. If so, you may not have a case. However, if they are not, you might.

Drug Recalls

Some drugs are currently being recalled for serious effects. You should check on the open cases regarding such recalled drugs to see if your medication is on the list. If the drug you were given is recalled or has been determined to be "bad" then you can and likely should pursue a case.

And, of course, if you have any other questions about whether or not the prescription drug you received is a narcotic, controlled substance, controlled substance analog, or other problematic drugs, contact a medical malpractice attorney to find out for sure.

 

Speak With A Pennsylvania Dangerous Drug Attorney Today

If you believe that you or a loved one has been administered a dangerous drug, 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 medical malpractice 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

Thursday, September 29, 2016

Cancer Misdiagnosis Is Shockingly Common

If you are like most people, you rely on your doctor's expertise when you feel things are not quite right physically. After all, medical professionals have the benefit of years of specialized training. Therefore, it's a shocking revelation to most people how often cancer misdiagnosis occurs.

Misdiagnosis Statistics


The American Cancer Society estimates that there will be 1,685,210 new cancer cases diagnosed in the US in 2016. Unfortunately, a number those receiving the dreaded cancer diagnosis may be a result of false positives. Imagine being mistakenly diagnosed with prostate cancer with surgery just minutes away, only to discover that there is actually no cancer present.

Cancer misdiagnosis is one of the most common types of misdiagnosis in the medical community. Part of this is due to the fact that cancer is still not completely understood. Cancer symptoms often mirror those of other illnesses. If you are misdiagnosed with cancer, the results can be both devastating and debilitating. A mistaken diagnosis of cancer often results in inappropriate treatment, leading to worsening conditions or potentially death.

What Is Being Done To Lessen The Problem?


According to a report by ABC News, when researchers at John Hopkins Hospital in Baltimore reviewed tissue samples from 6,000 patients across the US, they found that a shocking one in every 71 cases was a misdiagnosis. A number of these cancer misdiagnoses included false positives.

A collaborative study conducted in 2013 by the National Coalition on Health Care and Best Doctors, Inc, found that many cancer specialists are blissfully ignorant concerning the rate of cancer misdiagnosis. Of the 400 doctors participating in the study, the majority believed that between zero and 10 percent of patients are misdiagnosed. Actual research indicates that the true rate is closer to 28 percent.

With such a high rate of misdiagnosis, it is often up to the patient to advocate for his or her own health. If you feel something is off or not right health wise, make sure your doctor is not merely dismissing your concerns. Don't be afraid to get a second or even third opinion if necessary.

Speak With A Pennsylvania Cancer Misdiagnosis Attorney Today

If you believe that you or a loved one has been wrongly misdiagnosed with cancer, you can contact the cancer misdiagnosis attorneys at Marciano Legal today.
 
We have an office in Philadelphia, PA where we help clients throughout the State of Pennsylvania to file medical malpractice 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

Wednesday, August 31, 2016

How Do You Know If You Have A Brain Injury Case?

According to Center for Disease Control and Prevention (CDC), it is estimated that up to 1.4 million U.S citizens suffer from a brain injury every year. Brain injuries can be caused be anything from sports activities to car accidents.

Any head injury like brain damage or a concussion deserves compensation under the law. Most legal brain injury cases are based on negligence. A negligence lawsuit requires that the one suing provides proof that the person or entity they are suing is legally responsible for the damage they suffered.

What Constitutes A Brain Injury Case?


In order to succeed in this kind of lawsuit, you must show all of the following for that case;
  • That you have suffered injuries and losses that are measurable under the law. This is, in other words, objectifying a brain injury. This can be done through tests like MRI and CT scan which produce brain images that prove you have been affected. Providing financial losses that are as a result of the brain damage is also significant since it shows that you have measurable losses according to the law requirements.
  • The one you are suing failed to act with reasonable care towards you. This is the legal liability in other words. For the accident to happen it must have been due to carelessness on the side of the one you are suing. The basic rule here is if two people were involved in an accident, you were the careful one, and the other was the less careful, he/she must pay at least a portion of your suffering. This, however, needs providing evidence.
  • The actions or in-actions of the one you are suing were the cause of your injuries. For example, if you were working in a building that is supposed to be maintained but the owners do not maintain it then the building collapses, then the owners are at fault hence you should provide evidence to prove this.
  • The law requires that the one you are suing is supposed to be reasonably careful. 

Speak With A Pennsylvania Brain Injury Attorney Today

If you believe that you or a loved one suffered a negligent brain injury, you can contact the brain injury attorneys at Marciano Legal today.
We have an office in Philadelphia, PA where we help clients throughout the State of Pennsylvania to file medical malpractice 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

Wednesday, July 27, 2016

Medical Malpractice Laws: What Is Medical Malpractice & Do A Have A Claim?


You have probably heard of the term "medical malpractice" before and likely have a vague idea of what it means. However, medical malpractice is a term that is often used so much that its definition can become meaningless.

In this article we define medical malpractice and discusses examples that commonly lead to medical malpractice lawsuits.


What Exactly Is Medical Malpractice?


Medical malpractice is a term that refers to professional negligence by a health care professional or provider in which treatment given to a patient is below standards, causing the patient to suffer injury or death.

So, what constitutes as substandard treatment? Well, according to medical malpractice law, substandard treatment is considered to be treatment that deviates from the quality of care that a competent health care provider would have provided in a similar situation.

Common Types Of Medical Malpractice Claims

The definition of medical malpractice is fairly vague and so medical malpractice claims can be the result of a variety of different types of negligence.

A health care professional commit medical malpractice for specific acts that he or she committed, such as surgical errors, as well as for omission or failure to act, as is the case in medical malpractice lawsuits involving missed diagnoses.

Some examples of common medical malpractice lawsuits include cases involving:

  • Failure to diagnose / missed diagnosis
  • Surgical / operating errors,
  • Child birth errors,
  • Prescription medication errors,
  • Misdiagnosis
  • Delayed diagnosis
  • Anesthesia errors

Do I Have A Medical Malpractice Case?


Medical malpractice law provides a way for patients to obtain compensation for the damages that may they suffer due as a result of medical negligence. But in order to have a medical malpractice claim, you must be able to prove certain elements and conditions exist.

Proving Elements In A Medical Malpractice Claim


Typically, a medical malpractice claims are filed by patients who suffered injuries due to the negligence of a doctor or other health care provider.

As the plaintiff, you must prove that:

  • A doctor-patient relationship existed
  • You received substandard care from the healthcare provider
  • The negligence of the health care provider directly caused you harm

Speak With A Pennsylvania Medical Malpractice Attorney Today

If you believe that you or a loved one suffered an injury due to medical malpractice, you can contact the medical malpractice attorneys at Marciano Legal today.

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

Monday, July 18, 2016

Marciano & MacAvoy, P.C.

Marciano & MacAvoy, P.C.

1515 Market St #1600
Philadelphia, PA 19102

215-866-1942

A top medical malpractice lawyer based in Philadelphia Pennsylavania , serving the community and its surrounding areas for over a decade.

http://marcianolegal.com/





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