Joan River’s tragedy has brought medical malpractice into light in recent months. Rivers went into an endoscopy clinic for evaluation and treatment of vocal changes in connection with acid reflux. Her procedure was meant to be routine, however, it wound up being anything but that. She was administered a sedation drug called propofol (the same drug linked to Michael Jackson’s death) during a laryngoscopy. During the procedure, she went into cardiac arrest and it was eventually determined that she had low blood oxygen. Rivers was rushed to the hospital, where she remained on life support until she died a week later.
A federal agency, Centers for Medicare & Medicaid Services (CMS), investigated and found that the clinic where Rivers underwent the procedure failed to notice a deterioration in her vital signs. Amongst a list of violations, the CMS found that the clinic failed to obtain her informed consent, and failed to document her weight accurately, which would have a direct relationship to how much propofol to administer to her.
Rivers’ situation is all too common. Medical malpractice happens. Doctors are human, and they make mistakes. But people are very hesitant to sue them. One issue that personal injury attorneys face is that the legal threshold to file a medical malpractice lawsuit is tremendous. A medical malpractice lawyer in Philadelphia must file a certificate of merit in addition to the complaint. The certificate of merit must include an opinion by a medical professional (a medical expert) which states that the plaintiff’s doctor or other medical personnel breached the standard of care owed to the plaintiff. This requirement has forced personal injury lawyers to shy away from filing malpractice lawsuits unless the case is a “slam dunk”.
Another issue faced by medical malpractice lawyers in Philadelphia is the sympathy factor. Doctors can be sympathetic. Juries don’t want to seemingly bankrupt doctors. But, juries may not know that an award in favor of the plaintiff is not paid out of the pocket of the defendant doctor, but out of the pocket of his insurance company.
At Rizio, Hamilton & Kane, we know the ins and outs of medical malpractice litigation, and we are not afraid to fight insurance companies for medical malpractice victims and their families. If you have been the victim of medical malpractice, and are looking for a medical malpractice lawyer in Philadelphia, call us for a free consultation.
