When you find yourself in the unfortunate circumstance of selecting a personal injury attorney or a medical malpractice lawyer, the barrage of lawyer advertisements on billboards, social media, and TV commercials can be overwhelming. Is a flashy ad promising swift justice the best way to search for a “personal injury lawyer near me” and find capable legal representation for your injury case? These advertisements, while eye-catching, often fail to reflect a lawyer’s true experience, skill, or success rate. Relying solely on a billboard or an ad can be deceptive and perhaps detrimental to your case. Therefore, taking matters into your own hands and conducting thorough research when selecting a medical malpractice or personal injury attorney is crucial.

Bigger is Not Always Better

One essential aspect to review is the size of the personal injury law firm you work with. While large mega-firms may seem impressive, smaller firms offer unique advantages that can significantly benefit your case. Smaller personal injury firms often provide a more personalized approach to legal representation, ensuring you are not just another case number in a sea of clients. Instead, you become a valued individual deserving of a strong focus on your personal injury case.

In smaller firms, it’s common for firm partners to be directly involved in evaluating your case and guiding its progress. This level of personal involvement ensures that your case receives the attention it deserves from experienced professionals deeply invested in its success. In a mega firm, your case may be passed off to junior associates or paralegals, while smaller firms prioritize quality over quantity. This assures that every client receives the highest level of legal representation.

Moreover, smaller firms can handle cases of all sizes, from minor accidents to complex medical malpractice claims. Their versatility and agility allow them to adapt to the unique needs of each case, providing tailored strategies and solutions to achieve the best possible outcome for their clients.

Tips for Selecting a Personal Injury Attorney 

Choosing the right attorney for your personal injury or medical error case requires careful consideration and research. Here are some essential tips to help you make an informed decision:

  1. Evaluate Experience and Expertise: Seek out attorneys who specialize in personal injury or medical malpractice cases and have a proven history of success. Review a medical malpractice attorney’s credentials, case history, and client endorsements to gauge their level of expertise and competence.
  2. Consider Communication and Accessibility: Effective communication and collaboration are crucial in any legal proceeding. Choose a personal injury attorney who is accessible, responsive, and prepared to keep you informed throughout the process. You should feel comfortable asking questions and vocalizing concerns.
  3. Assess Resources and Support Staff: Inquire about the resources and support staff available to assist with your case. A well-equipped medical malpractice law firm with experienced paralegals, investigators, and other professionals can significantly enhance the effectiveness of your legal representation.
  4. Discuss Fees and Payment Structure: Ask about fees and payment arrangements upfront to avoid any surprises later on. Some injury lawyers prefer a contingency fee agreement. This means they only get paid if they settle or win your case and there is a monetary recovery. Other attorneys may require upfront retainer fees. Make sure you understand the terms of engagement before proceeding.
  5. Trust Your Instincts: Choose a personal injury lawyer who provides you with a sense of confidence and support throughout the legal process. Your personal injury attorney should be your advocate and ally, fighting tirelessly on your behalf to achieve the justice and compensation you deserve.

Benefits of Working with the Distasio, Kowalski & Yelen Personal Injury Firm

Working with the DKY Personal Injury Firm offers many benefits that larger firms often struggle to match. The personal injury attorneys at Distasio, Kowalski & Yelen have the experience and flexibility to handle the most complex medical malpractice claims, ensuring that every client receives individualized attention and dedicated support. The accomplished team of DKY injury lawyers achieves maximum results, leveraging their years of experience and know-how to secure favorable outcomes. DKY personal injury and medical malpractice lawyers prioritize maintaining a stellar reputation within the legal community, earning respect from judges, fellow attorneys, and insurance companies. This reputation for excellence enhances their credibility and serves as a valuable source of referrals, demonstrating a dedication to delivering outstanding service and achieving justice for their clients.

Select the Most Qualified Personal Injury Attorney

While billboards and advertisements may catch your eye, they should not be the sole basis for selecting a personal injury lawyer or medical malpractice attorney. By conducting thorough research, considering the advantages of smaller firms, and following the essential tips we mentioned, you can select the right attorney to represent your interests and confidently navigate the complexities of your case. Your selection of an attorney can impact the outcome of your case, so make an intelligent choice based on the best advocate for your rights.

Contact a DKY personal injury lawyer in Wilkes-Barre today.Meet with a personal injury or medical malpractice lawyer for a no-obligation case evaluation. Tap to learn more about DKY personal industry cases.

 

Michael J. Kowalski, a partner with DKY Law Firm, has been representing individuals and their families in personal injury matters for 30 years. These include cases involving medical malpractice, medical errors, birth injuries, and auto and truck accidents, among others. If you are injured, you want Attorney Kowalski and the DKY Law Firm fighting for you. Contact Attorney Kowalski today.

 

 

Jeffrey A. Yelen, a partner with DKY Law Firm, is an Elder Law Attorney who brings 25 years of estate planning, probate and estate litigation experience to the clients he serves. He is head of the firm’s Elder Law and Estate Services division and is highly experienced in Wills, Estates, and Trusts.  When you are searching for an Elder Law Lawyer, Attorney Yelen can provide the skilled legal representation you and your family need. Contact Attorney Yelen.

 

Preventable medical errors can cost you your health and possibly even your life. Each year people across the country die or are severely injured due to preventable medical errors. While we look to medical providers to diagnose and treat us, preventable medical errors can and do happen in healthcare settings. A new study detailed in an article by Yale University reported that most hospital medical errors involve poor monitoring or management of medical conditions. Diagnostic errors and errors related to surgery and procedures are also prevalent. While any medical error can be dangerous, there are some that are more common and can be more harmful.

Delayed Diagnosis or Misdiagnosis

A timely, accurate diagnosis is critical to your getting proper medical care. A fairly common medical error, delayed, or the wrong diagnosis can result in severe harm to a patient. Misdiagnosis may occur because a healthcare provider failed to ask the right questions or order adequate testing for a patient. A busy physician might order tests, but then fail to review thoroughly. Even if an accurate diagnosis is eventually made, a delay in diagnosis on the part of a healthcare provider can lead to the loss of valuable time in treating a serious illness.

Protect yourself from delayed diagnosis or misdiagnosis

  • Take an active role in your care. Advocate for yourself, and ask questions. Being involved as a patient can be very important in preventing diagnosis errors. Follow up on test results and speak up if you have doubts.
  • Provide a full medical history. If you feel your medical provider is not asking enough about your history, speak up and provide as much information as you can.
  • Don’t be afraid to ask for a second opinion. Quality healthcare professionals support that decision.
  • Bring a family member to appointments or to the hospital to ask questions and help get information from your doctor.
  • Educate yourself and research your symptoms.

Medication Errors

According to the FDA, a medication error is defined as any preventable event that may cause or lead to inappropriate medication use or patient harm while the medication is in the control of the healthcare professional, patient, or consumer. Medical errors are one of the most common, preventable medical errors. Medication errors can occur when a patient gets the wrong medication or the wrong dosage. This error can occur on the part of a doctor writing a prescription or entering medication into a computer system, a nurse dispensing medication to a patient or a pharmacist error in filling a prescription. Medication errors are also caused by incorrect labeling on the part of a drug manufacturer.

The FDA has put many safeguards in place to help prevent medication errors. This includes barcodes that allow healthcare professionals to verify the right drug and dose is being given to a patient. They have also published guidelines to help manufacturers design drug labels and packaging to minimize or eliminate hazards that lead to medication errors.

To be proactive in helping to prevent medication errors, the FDA recommends that you:

  • Ask your doctor the name and purpose of any drug you are prescribed, as well as the risks and potential side effects. Ask about drug and food interactions as well.
  • Be sure you understand the directions in taking the drug, dosage, etc.
  • Check the container label each time you take a medication. Don’t transfer medication to another container, so you can always check the original label.
  • Keep an updated list of all of the medications you are taking.
  • If in doubt about medication, double-check with your pharmacist or another healthcare provider.

Surgical Medical Errors

Mistakes during and after surgery can have devastating results. This includes medical complications and possibly even death. Surgical errors can include wrong-site surgery, wrong operation, operating on the wrong part of the body, leaving a foreign object in a patient, or operating on the wrong patient. Post-surgical errors can include neglect in providing proper post-op care.

Protect yourself from surgical errors

  • A common theme for protecting yourself from medical errors is asking questions. Fully understanding your procedure and treatment can help you catch potential problems. Talk to your surgeon about the details of the procedure.
  • Research your procedure.
  • Take notes and detail everything.
  • Request medical staff show you where they will be performing surgery and mark the spot.

Anesthesia Errors

Errors involving anesthesia can cause permanent injuries or death. They can include failing to evaluate a patient’s medical history for possible complications or failing to provide proper instructions. Administering the wrong dose of anesthesia, improper placement of breathing tube, or not properly monitoring a patient on anesthesia are other potential errors.

Be proactive with speaking with your anesthesiologist before surgery

Be sure you are supplied specific instructions prior to surgery that addresses preparation. This might include not eating or taking certain medications. You will meet your anesthesiologist on the day of the operation before surgery. If you have questions or concerns, be sure the anesthesiologist addresses all of your concerns.

Childbirth Medical Errors

Childbirth errors can have tragic results, harming both the mother and child. Birth injuries that may result from medical errors or medical malpractice include cerebral palsy, brain injuries, paralysis, and bone fractures.

Childbirth medical errors that can cause serious harm include:

  • Not anticipating possible pregnancy and birth complications.
  • Failure to diagnoses a medical condition or birth defect.
  • Failure to respond to fetal distress.
  • Not performing or delay in performing a cesarean section.
  • Incorrect use of vacuum extractors or forceps.

To ensure proper care during childbirth:

  • Seek regular prenatal care. Regular check-ups with your obstetrician and early detection of potential problems will help prevent complications. Be sure your doctor is carefully monitoring your health throughout your pregnancy.
  • Eat a healthy diet.
  • Determine whether your selected medical professional is qualified to handle your birth. Are they skilled and experienced in handling birthing complications should they arise? Talk extensively with your obstetrician about your options and be well-prepared for delivery.

Lack of coordination between healthcare providers

In today’s medical world there are often multiple healthcare providers taking care of one patient. Communication and coordination are critical to the safe and successful treatment of a patient. A mistake in or lack of communicating can result in testing, treatment, medication, and other medical errors. Be sure your healthcare providers are all on the same page when it comes to your treatment.

Get help if you are the victim of medical errors

The most common contributing cause of medical errors is human error. A lack of training, fatigue, or simple carelessness can all contribute to medical errors. Charting and lab errors are common and can lead to patient injury. When there is a breach of duty on the part of a medical professional to provide competent care, it could be considered medical malpractice. If a medical error has injured you or someone you love, you need the help of medical malpractice attorney. A qualified medical error attorney can help when dealing with hospitals and their insurance company. The medical injury attorneys at Distasio & Kowalski can provide a free, confidential consultation. Our medical malpractice lawyers will work to determine if the injuries caused were due to medical negligence.  Contact a medical malpractice attorney at Distasio & Kowalski in Wilkes-Barre today.

 

We’ve all heard about the real danger of stroke and stroke misdiagnosis. Perhaps you’ve even had a family member or friend suffer from a debilitating stroke. Stroke is the number 2 most common cause of death worldwide, according to the American Stroke Association (ASA). Every 40 seconds on average, an American will have a stroke, according to the American College of Cardiology. Startling, but true. In fact, about 750,000 Americans have a new recurring stroke annually.

An article written by a long-time neurologist and published last year in the Washington Post suggested that “too many people die from a stroke because treatment is delayed.” He wrote that although for more than two decades neurologists and other emergency health providers have had access to a drug to restore blood flow to the brain, limiting the damage caused by a stroke, only about 4 percent of stroke patients actually receive the medication. The drug referred to is tissue plasminogen activator or tPA as it is more commonly called. It is a potent blood thinner. For tPA to be effective, it must be used within the first few hours of a patient experiencing a stroke. 

Types of Strokes 

You may hear about the dangers of a stroke, but you may not really understand what a stroke is. In simple terms, a stroke occurs when blood flow to the brain is stopped or interrupted. Stroke can happen to anyone at any time. The brain needs a constant supply of oxygen and nutrients to work correctly. When blood flow stops, even for a short period of time, brain cells can begin to die from lack of oxygen. When brain cells die, brain function can be lost, and long-term damage can result.

Two types of stroke include ischemic stroke, which is caused by a blood clot, and hemorrhagic stroke, which is caused by bleeding. Ischemic stroke is the most common kind of stroke. This is the type of stroke that tPA can be effective in treating. Ischemic strokes account for approximately 87 percent of all strokes. They can happen when a major blood vessel to the brain is blocked be either by a clot or some type of plaque buildup. The buildup can be due to cholesterol, fat or another substance. A hemorrhagic stroke occurs when a blood vessel in the brain bursts and the blood leaks into nearby brain tissue. This may cause a buildup of pressure which causes further damage.

Stroke misdiagnosis and delayed diagnosis

The specific type of stroke means a difference in medical treatment, so a quick and accurate diagnosis is imperative. Delayed stroke diagnosis or stroke misdiagnosis can mean valuable time lost when it comes to effectively treating a stroke victim.  Failure to determine the specific type of stroke or misdiagnosing a stroke as another illness can drastically impact a patient’s chance of recovery. Stroke misdiagnosis may result in a brain hemorrhage, permanent brain damage and possibly death.  

What are the signs of a stroke?

  • Sudden numbness or weakness of the face, arm or leg, especially on one side of the body
  • Confusion, trouble speaking or understanding
  • Sudden trouble seeing or blurred vision in one or both eyes
  • Unforeseen trouble walking, dizziness, loss of balance or coordination
  • Problems with movement or walking
  • Sudden severe headache with no known cause

Call 911 immediately if you or a loved one experiences any of the above signs. Take note of the time the signs began as well. Responding medical team and hospital staff will need to know.

How is a stroke diagnosed and stroke misdiagnosis avoided?

X-ray asian skull and blank area at left side

As we’ve spoken about above, stroke misdiagnosis can have dangerous results for a stroke victim. A fast and accurate diagnosis of a stroke is imperative for effective treatment and recovery. That’s why it’s so imperative that healthcare providers diagnose quickly and accurately. Tests for stroke can include a CT scan of the brain, MRI, or CTA (computed tomographic angiography) among others. Proper testing can help avoid stroke misdiagnosis. Your physician will create a treatment plan based on various factors. Treatment is most effective when it is started quickly. Recovery from stroke is often dependent on the quickness and accurateness of diagnosis and treatment, as well as the size and location of the stroke.

Know the risk factors of stroke

Are you at risk for stroke? Knowing your risk factors may help you to change things in your control to lower your risk. Here are some risk factors to watch out for. Some can be changed by you or managed medically. It’s always smart to be aware.

  • High blood pressure – High blood pressure is one of the leading causes of both stroke and heart disease. High blood pressure causes plaque to build up faster and can also cause blood vessels to weaken and break. It can be a cause of both ischemic and hemorrhagic strokes. If you have high blood pressure, speak to your physician about ways to lower it.
  • Heart disease – If you suffer from some forms of heart disease, you may be at increased risk of a stroke. Again, speak to your physician regarding combatting this.
  • Diabetes – High blood sugar can also increase your risk of stroke. It’s essential to carefully manage this.
  • Smoking – Smoking is a major risk factor for stroke that is also preventable. If you are a smoker, quit now to lower your risk.
  • History of TIAs (transient ischemic attacks) or mini-strokes as they are commonly called.
  • High cholesterol and lipids – Monitoring and controlling your cholesterol may help you reduce your risk of stroke.
  • Obesity & diet – Staying at a healthy weight and reducing your intake of saturated fats can help you reduce your risk of stroke. Diets high in saturated fat, trans fat and cholesterol can raise your cholesterol levels, increasing your risk. Diets high in sodium can increase your blood pressure, which also increases your risk.
  • Lack of exercise – Staying physically active can also help reduce your risk. Physical inactivity not only increases your risk of stroke but also heart disease.
  • Excessive alcohol or illegal drug use
  • Age – Your risk of stroke increases in people over 55 years of age and continues to increase as you get older.
  • Heredity and ethnicity – Stroke is more common in people who have a family history of stroke. African Americans and Hispanic Americans are also at a higher risk.

Take a quick stroke risk quiz online to assess your risk by clicking here.

F.A.S.T.

The American Stroke Association recommends that people remember F.A.S.T. when it comes to identifying a stroke quickly.

Face drooping – Does one side of the face droop or is it numb?

Arm weakness – Is one arm week or numb?

Speech problems – Is speech slurred?

Time to call 911 – If someone is showing any of these symptoms, call 911 immediately.

Stroke medical malpractice 

Stroke misdiagnosis can be very dangerous. We can’t mention enough that it is crucial that a stroke is diagnosed and treated quickly to minimize the long-term effects. If tPA isn’t administered within 3 hours of the start of symptoms or a patient doesn’t get the necessary surgery to stop brain bleeding, the consequences of a stroke can be permanently incapacitating. When a healthcare provider fails to accurately diagnose a stroke, a patient may suffer serious brain damage that might have been avoided with a fast diagnosis and proper treatment. Physicians, ER staff and other healthcare providers should be well aware of the warning signs and symptoms of a stroke. They should also address the risk factors when taking a patient history.

Medical standard of care

If you or a loved one suffered serious harm because a physician failed to follow the “medical standard of care,” you may have a medical malpractice case. The “medical standard of care” is defined as the level and type of care that a reasonably competent and skilled healthcare professional, with a similar background and in the same medical community, would have provided under the same circumstances. It is a possibility that the standard of care might have been violated when a physician fails to recognize the common signs of stroke or diagnoses the stroke but fails to give the proper treatment. Standard of care may have been violated if a health provider failed to take a proper medical history, failed to order appropriate tests or through a negligent surgical error. If you suspect medical negligence, it may be time to consult a medical malpractice expert.

Consulting a stroke medical malpractice attorney regarding stroke misdiagnosis

The financial effects of a debilitating stroke can have a devastating effect on a family. It can mean extensive medical and rehab bills, loss of work, and loss of quality of life. If you or a loved one has suffered serious injury due to a hospital or physician’s failure to diagnose or properly treat a stroke, you may want to speak to a medical malpractice attorney.

An experienced stroke medical malpractice lawyer will be able to conduct a thorough investigation to discover if the appropriate standard of care was met. A medical malpractice attorney can analyze the medical records, conduct interviews and look at the extent of the injury. They can determine through this investigation if a healthcare provider failed to miss a common warning sign of stroke, failed to exercise reasonable care while evaluating a patient, failed to obtain a thorough history, or failed to administer life-saving treatment, among other medical errors.  They may or may not find some type of negligent medical error and can advise you as to whether or not to pursue a medical malpractice case.

Speak to a Distasio, Kowalski & Yelen stroke medical malpractice attorney in Wilkes-Barre today by calling 855-970-5400. Read more about medical malpractice or medical misdiagnosis on our website.

It’s usually one of the happiest times of a couple’s lives. Expectant parents anxiously preparing and awaiting the birth of a new baby. Tragically, excitement can quickly turn to heartbreak for parents when something goes wrong and an infant is born injured or suffering in some way. It’s an important time to be sure you understand the difference between a birth injury and a birth defect. While this is a confusing time for new parents, filled with a mix of emotions, it is important to determine the cause of your baby’s suffering. Knowing the difference between a birth injury and a birth defect can be very important in determining if there was any medical negligence involved in harm caused to your baby. If there was negligence or a medical error, you may be eligible for compensation for those injuries and for ongoing medical treatment for your newborn.

What is a birth injury?

Birth injuries usually happen during or immediately after the labor and delivery process. Injuries could possibly result from excessive force or trauma during delivery. Birth injury may also result from failure to monitor the baby for fetal distress or from other medical errors or substandard care during or after the birthing process. This can include misdiagnoses or failure to diagnose potential complications during pregnancy and delivery. It may also include delayed C-section and mistakes involving forceps, vacuum or other birthing tools, among other medical errors. Unlike birth defects, birth injuries are preventable in many cases, depending on the circumstances. Right Diagnosis from healthgrades reported that 7 out of every 1,000 children born in the United States are born with birth injuries each year.

Some examples of birth injuries include:

  • Hypoxic-Ischemic Encephalopathy or HIE
  • Cerebral Palsy
  • Erb’s Palsy
  • Brain damage
  • Head trauma
  • Infection
  • Nerve damage
  • Paralysis
  • Fractures

What is a birth defect?

Birth defects occur as a baby is still developing in the mother’s womb. That’s a main difference between a birth injury and a birth defect. Birth defects are medical conditions or abnormalities that could occur as a result of a variety of causes. This can include certain genetics, infections, exposure to chemicals or drugs, or possibly unhealthy lifestyle choice. Birth defects can have serious and lasting effects on a child.

Examples of birth defects can include disorders such as brain damage, Down syndrome, spina bifida, congenital heart defect, cleft lip or palate, limb or cranial abnormalities, and metabolic disorders. The CDC estimates that birth defects affect one in every 33 babies. This is about 3 percent of all of the babies born in the United Sates each year.

What to do when your infant suffers a birth injury

Sadly, birth injuries are far too common and can mean life-long health consequences for your child. Distasio, Kowalski & Yelen personal injury attorneys see the tragic effects that medical errors have on the lives of families in our area. Bringing a child into the world should be a joyous event. It should not be marred by substandard medical care. Doctor’s and other healthcare providers have a “duty of care” to uphold when treating patients. If they fail to provide that established standard of care, they can be held liable for injuries that occur. It’s time to call an injury attorney.

Getting legal help for birth injuries

We hope this helps you to better understand the difference between a birth injury and a birth defect. If you suspect that your newborn may have been injured as the result of medical negligence or a medical error, you should consult with a medical malpractice attorney. Although you are emotional and overwhelmed when you are dealing with a seriously injured child, you owe it to yourself and your family to determine the cause of the injuries. You want to hold the responsible party accountable. You also want to ensure that the long-term medical and emotional needs of your child are met. An experienced personal injury lawyer will be able to assess your situation and help you explore your legal options.

Medical negligence can lead to birth injury or the death of a child. A birth injury can affect the quality of life of a child, as well as an entire family, resulting in a lifetime of medical treatment and financial hardship. It’s imperative that an experienced birth injury attorney determines if your child is suffering from a preventable birth injury or unavoidable birth defect.

Statute of limitations for birth injury cases in Pennsylvania

The statute of limitations is a time period in which you can legally file your birth injury claim. In Pennsylvania, the statute of limitations for a medical malpractice suit is two years. However, when the patient is a minor, the Minor’s Tolling Statute allows for added time if the patient is under the age of 18. The two-year time limit would begin to run on the child’s 18th birthday.

For more information on your legal options in a birth injury case, contact the Wilkes-Barre personal injury lawyers at Distasio, Kowalski & Yelen toll free at 855-970-5400.