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

After 14 years, medical malpractice suit still pending

The family of a deceased Pennsylvania woman was watching the latest developments in a case that had been in the courts for over 14 years. In the lawsuit, the family's medical malpractice attorneys alleged that doctors failed to properly diagnose her breast cancer. Recently, a decade and a half after the suit was first filed, a Pennsylvania Superior Court sent the case back to a lower court. The lower court judge was told that the phrasing in an agreement was ambiguous, and he was ordered to consider additional evidence in order to better discern the parties' true intent. The case also saw a second lawsuit after the hospital's insurance companies denied the hospital's attempt to use their medical malpractice policies to pay off the woman's family.

The lawsuit claims that the second grade teacher was not properly diagnosed with the breast cancer that killed her in 2003 at the age of 49. The family, hospital and insurance company eventually entered into an agreement regarding judgment that paid the family $5 million. Further payments were then argued over. This led to money being placed in an escrow account until details were worked out.

Part of the problem appears to be that the ARJ is inconsistent in how it defines the concept of recovery. This is important to the case because an earlier judge stated that the family of the deceased woman be given priority in financial recovery. The lower court in Pennsylvania was instructed to address this issue.

Medical malpractice attorneys may be able to help those affected. Such a lawyer may be helpful in arranging compensation for pain and suffering, medical and burial expenses and other damages.

Source: The Herald Sharon, Pennsylvania, "Medical suit drags on in court", Joe Pinchot, August 07, 2013

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Caroselli, Beachler & Coleman, L.L.C.
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Pittsburgh, PA 15222

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