Caroselli, Beachler & Coleman, L.L.C.

March 2013 Archives

Daughter sued by father's estate for slip-and-fall

Last week we wrote about a wrongful death case in which a man fell down a flight of stairs at a party. After he died, his wife sued the homeowners for failing to maintain a safe property. This week, we have a very similar slip-and-fall story to tell, although the case itself is much more unusual.

U.S. Supreme court resolves birth injury lawsuit

We wrote a few months ago about the taking up of a birth injury case by the United States Supreme Court. The case revolved around whether a state could place a lien upon a portion of a child's medical malpractice settlement concerning her birth injuries.

Asbestos case sidetracked by procedural questions

A former worker was diagnosed with mesothelioma. He and his wife then sued a pipe manufacturer concerning the piping that he was required to handle as a part of his job as this piping apparently contained asbestos.

Pennsylvania woman sues regarding defective hip implant

There has been a great deal of comment in the news these past few years regarding defective hip implant devices. A Pennsylvania woman only recently has filed a products liability claim against the manufacturer of an artificial hip replacement system.

Laser procedures and medical malpractice

With new and popular surgical procedures being conducted, there is also often an increase in the number of medical malpractice claims. Such a phenomenon shouldn't surprise anyone. Often these new procedures are conducted by physicians with insufficient training, or in other circumstances the procedures are performed by non-physicians.

Fatal accident leads to Pennsylvania premises liability suit

In October 2011, a Pennsylvania judge was attending an engagement party at a private residence. Somehow, he lost his balance and fell down a flight of stairs. He suffered life-threatening injuries and had to be rushed to the hospital by emergency responders. Sadly, he did not survive. Now, his estate is suing the host of the party for premises liability and wrongful death, among other claims.

Boy drowns at Pennsylvania daycare facility

A mother of a 7-year old boy recently filed a wrongful death lawsuit in the Pennsylvania courts. The boy drowned in a backyard pool at a daycare center. The boy was apparently with about 20 other children when he died in the deep end of what has been described as a filthy swimming pool.

Mistake during gallbladder surgery blamed for patient's hernia

It was alleged in a recent Pennsylvania lawsuit that a patient was not cared for properly after gallbladder surgery and, as a consequence, he developed a hernia. Though the medical center where the operation took place offered $100,000 to settle, the patient and his wife eventually won $250,000 at trial.

Pennsylvania worker dies after falling into vat

A Pennsylvania worker apparently died after falling from a catwalk and into a large vat used for the processing of sugar. The worker's body was not discovered until later after the worker was reported as being missing.

Surgeon operates on wrong side of skull

A 67-year old woman suffering from a brain malady called trigeminal neuralgia went under surgery twice for this same syndrome. The reason why she had to undergo the procedure twice is because the first time the surgery was performed the surgeon reportedly performed it on the wrong size of the woman's skull.

Target settles with man injured after slipping on soda

Imagine the last time you went grocery shopping. You pushed your cart through the store, checking off items on your list as you grabbed them from the shelves. Imagine, now, that you're walking down an aisle and hit a slick spot. You're not expecting it, so you slip and fall. You pick yourself up, but think to yourself that the store should have cleaned up whatever liquid was spilt. Although a situation like this may seem harmless, some people sustain more than just bruises in a slip-and-fall accident like this.

Asbestos blamed for 3,000 deaths annually nationwide

Asbestos has been used in thousands of products, but its use has been much more limited during the past 40 years. Though a main concern about significant exposure to asbestos is the possibility of contracting mesothelioma (that affects the lining of the lungs and the abdomen), asbestos has also been tied to lung cancer, ovarian cancer, and laryngeal cancer, and has been loosely tied to cancer of the esophagus, gallbladder, kidney and throat.

Missed diagnosis often result of doctor not talking or listening

A new study published in JAMA Internal Medicine raises concerns about the number of instances where a diagnosis is missed by a doctor. Of the 190 or so failure to diagnose errors discovered, approximately two-thirds of those errors were linked to incidents that occurred during a visit to the doctor.

Lawsuit alleges death of infant due to defective child carrier

A products liability case has been filed in Pennsylvania where a mother sued the manufacturer of an infant carrier deemed defective and that allegedly cause her child's death. Defendants named in the complaint have included Infantino LLC, the manufacturer of the carrier, and Wal-Mart and Wal-Mart stores, managers, and other companies and subsidiaries.

Study suggests overuse of C-sections at certain hospitals

The number of Cesarean sections (C-sections) performed at various hospitals including those in Pennsylvania varies dramatically. At some hospitals, the number of C-sections performed can be as low as 7 percent of all births while at other hospitals it can be as high as 70 percent. Even for low-risk type pregnancies, as many as 37 percent of deliveries were by C-section.

Workers rescue each other after gas explosion at steel plant

Workers in Pennsylvania rightfully expect that their employers provide will them with safe working environments. Although some jobs are inherently dangerous, employers still have the responsibility of making sure their workspaces are adherent with the law. If they do not, serious accidents can happen.

Death of pair of twins results in wrongful death lawsuit

A wrongful death action has been ongoing in a Pennsylvania court concerning a driver causing a car wreck while reportedly being under the influence of as spice (sometimes thought to be a type of synthetic cannabis). The accident resulted in a pair of twins celebrating their 40th birthday being killed.

Surgical error and Pennsylvania hospital goes unreported

Hospitals and medical centers are not always willing to report medical errors. Per a report from the Pennsylvania Department of Health, one surgical error was not reported because the hospital classified the event as a complication rather than as a serious event. Apparently, the medical center in question reported the error onto their legal department but not to the state.

Worker crushed to death in Pittsburgh area

Export Fuel Company in Export, Pennsylvania, just east of Pittsburgh, is being blamed for the death of a worker who was crushed by a pavement roller. The company has been now cited for what are called 18 serious safety violations by the U.S. Occupational Safety and Health Administration (OSHA).

Will apologies actually reduce numbers of malpractice claims?

One woman claimed that there would have been no medical malpractice lawsuit if someone from the medical center had just spoken to her about what had occurred. Instead, she ended up going to court and winning a $7 million birth injury lawsuit.

Plaintiffs sue for asbestosis and lung cancer acquired at work

Today, we all know the dangers of asbestos. Breathing it in can cause several serious diseases including mesothelioma, cancer and asbestosis among others. Exposure to asbestos puts workers at serious risk of acquiring one of these life-changing conditions, which is why it is important that employers in Pittsburgh and elsewhere ensure that their workers are protected from it. Unfortunately, not all employers are as careful as they should be about keeping their employees safe.

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