Daniel J. Distasio named to Nation’s Top One Percent by NADC

Friday, April 8th, 2022

 

Daniel J. Distasio, of Distasio & Kowalski L.L.C., has been selected to the 2022 list as a member of

the Nation’s Top One Percent by the National Association of Distinguished Counsel. NADC is an

organization dedicated to promoting the highest standards of legal excellence. Its mission is to

objectively recognize the attorneys who elevate the standards of the Bar and provide a benchmark for

other lawyers to emulate.

 

Members are thoroughly vetted by a research team, selected by a blue-ribbon panel of attorneys with

podium status from independently neutral organizations, and approved by a judicial review board as

exhibiting virtue in the practice of law. Due to the incredible selectivity of the appointment process,

only the top one percent of attorneys in the United States are awarded membership in NADC. This

elite class of advocates consists of the finest leaders of the legal profession from across the nation.

 

Located in Wilkes-Barre, PA, Distasio & Kowalski LLC, specializes in Medical Malpractice, Auto & Truck Accidents,

Birth Injuries, Personal Injuries, and Wrongful Death. For more information on Distasio & Kowalski LLC, please

visit dklawllc.com or call 570-970-5400.  

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Failure to Diagnose a Stroke

Wednesday, February 16th, 2022

A delay in stroke diagnosis or failure to diagnose a stroke can lead to permanent brain damage or even death. Delay in diagnosis or failure to diagnose a stroke might happen for a variety of reasons. One of the most critical mistakes a medical professional can make is a misdiagnosis of a stroke. According to the American Heart Association 2022 Heart Disease and Stroke Statistics Update Fact Sheet, stroke accounted for 1 of every 19 deaths in the United States. On average, someone died of a stroke every 3 minutes and 30 seconds.

7 Possible causes for a delay in stroke diagnosis  

  1. Failure on the part of a medical professional to properly prioritize the care of a patient based on the severity of injury/illness.
  2. Failure on the part of a healthcare professional to ask about risk factors and take a detailed medical history.
  3. Inadequate levels of medical staff in a healthcare facility.
  4. Failure by a physician to conduct a proper physical exam or order the appropriate testing based on symptoms.
  5. Lack of experience on the part of medical staff.
  6. Failure to properly monitor a patient.
  7. Failure to follow proper protocol for stroke patients

Tests to help properly diagnose a stroke 

Getting the proper medical treatment quickly when suffering a stroke is critical for minimizing the side effects and preventing death. This includes a thorough physical and neurological exam. Unfortunately, an ER doctor or other medical professional might overlook or ignore early signs of a stroke. It happens more often than you may realize, causing a critical delay in treatment. Here are some tests that can help properly diagnose a stroke. 

  • Magnetic resonance imaging or MRI uses powerful magnets and radio waves to take a detailed picture of a brain. It’s sharper than a CT scan and

    MRI ( Magnetic resonance imaging ) of brain

    can show injuries earlier than a traditional CT scan.

  • CT scans. Through computerized tomography (CT) scans, a physician takes several x-rays from different angles and puts them together to show if there’s any bleeding in the brain or damage to brain cells.
  • Carotid ultrasound. This type of ultrasound uses sound waves to find fatty deposits that may have narrowed or blocked arteries that carry blood to your brain.
  • This imaging test of the heart can look for clots in the heart or enlarged parts of the heart. Sometimes clots that form in another part of the body, such as the heart, will travel to the brain.
  • Angiograms of the head and neck. This is a dye test that enables a physician to see blood vessels with an X-ray. It can help find a blockage or aneurysm.

If you’re advocating for someone you believe is having a stroke, don’t be afraid to request these tests.

The use of tPA as a stroke treatment

tPA (Tissue Plasminogen Activator) is a powerful drug used to help dissolve a clot that may be causing a patient’s stroke and restore blood flow to the brain. tPA would only be given to a patient with an ischemic or blockage-type stroke. Ischemic strokes account for about 85% of all strokes in the U.S. and tPA is a common treatment of ischemic stroke caused by a clot. It would be very dangerous if given to a patient who is already bleeding, such as one suffering from a hemorrhagic stroke. A hemorrhagic stroke occurs when an artery in the brain leaks blood or ruptures.  For tPA to be used correctly, a brain scan is used to determine what type of stroke occurred, if there is a clot, and if so, where it is located. tPA must be given within three hours of the first sign of ischemic stroke.

Consequences of failure to diagnose a stroke 

Many victims of delayed stroke diagnosis face lengthy recovery and lifelong medical bills. Importantly, failure to diagnose and properly treat a stroke can result in serious neurological impairments, including:

  • Loss of motor skills
  • Paralysis
  • Speech impairment
  • Memory problems & difficulty understanding
  • Diminished reading comprehension & writing ability
  • Behavioral changes
  • Depression
  • Difficulty eating or swallowing
  • Seizures

When a stroke happens, minutes matter

Sadly, one of the most frequent types of medical malpractice cases we see is a failure to diagnose a stroke. As we mentioned above, stroke treatment is most successful with early intervention and proper diagnosis and care. Importantly, delay in diagnosis can have lifelong consequences for a stroke patient. The National Institute of Health reported that each year, about 795,000 people in the U.S. suffer from strokes. It is a leading cause of death and disability. If you or a loved one have been injured because of failure to diagnose a stroke, the medical misdiagnosis lawyers at Distasio & Kowalski can help.

Tap to learn more about Stroke Misdiagnosis.

Tap to read a blog about the Warning Signs & Risk Factors for a stroke.

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Distasio & Kowalski Attorneys Named 2021 Pennsylvania Super Lawyers

Thursday, July 8th, 2021

Distasio & Kowalaski LLC is pleased to announce that attorneys Daniel J. Distasio and Michael J. Kowalski, partners in the personal injury firm, have been named Pennsylvania Super Lawyers for the 13th consecutive year. Both have been top-rated in the category of Personal Injury Attorney.

“We are honored to have been chosen by our peers for this recognition which distinguishes attorneys who achieve and maintain the highest standards within their respected fields,” commented Daniel Distasio and Michael Kowalski. “We feel fortunate to represent clients within our community and are focused on providing legal representation that is professional, ethical, and compassionate.”

Super Lawyers

Super Lawyers rates lawyers from more than 70 practice areas who have attained a high level of peer recognition and professional achievement. The objective is to create a comprehensive and diverse listing of outstanding attorneys. Selections are made on an annual state-by-state basis via a rigorous evaluation process. Each year, no more than 5 percent of the lawyers in the state receive this honor bestowed by Super Lawyers magazine. The annual selections are made using a multiphase process that includes nominations, independent research, peer reviews, and evaluation by practice area. Attorneys are evaluated based on peer recognition and achievements including verdicts/settlements, representative clients, experience, honors/awards, pro bono and community service, and other outstanding achievements among other criteria.

Distasio & Kowalski LLC is located in Wilkes-Barre. The personal injury firm specializes in Auto & Truck Accidents, Medical Malpractice, Birth Injury, and Wrongful Death. For more information on Distasio & Kowalski LLC, please visit www.dklawllc.com or call 570-970-5400.

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Michael J. Kowalski selected one of America’s Top 100 High Stakes Litigators® for 2021

Tuesday, May 25th, 2021

Distasio & Kowalski LLC is proud to announce that Michael J. Kowalski, a partner in the firm, was selected among America’s Top 100 High Stakes Litigators® for 2021. Less than one-half percent (0.5%) of active attorneys in the United States are selected for this honor. Attorney Kowalski was one of only 100 attorneys in Pennsylvania selected for this distinction which recognizes the best trial lawyers in the nation. It is his 5th consecutive year for selection. Attorney Kowalski was chosen for attaining a high level of excellence in medical malpractice litigation and personal injury litigation.

America’s Top 100 High Stakes Litigators® is meant to identify and highlight the accomplishments of the nation’s most esteemed and skilled litigators in high-stakes legal matters. Because of this, inclusion is by invitation only and is limited to the Top 100 professionals from each state in each category of practice. In addition, those chosen exhibit excellence and the highest ethical standards in their respective professions.

To be considered for op 100 High Stakes Litigators®, an attorney must have litigated a matter with at least $2,000,000 in alleged damages at stake or with the fate of a business worth at least $2,000,000 at stake. A multi-phase selection process includes third-party research and statistical analysis of a candidate’s professional experience, legal achievements, significant case results/verdicts, community impact, peer reputation, client satisfaction, notable honors, and community impact among other factors specific to the profession. In the end, the selection process ensures that attorneys selected for this honor reflect the highest ideals and ethical standards of the legal profession.

Contact Distasio & Kowalski Personal Injury Firm

Distasio & Kowalski LLC is a personal injury firm located in Wilkes-
Barre, PA. The firm specializes in cases involving Medical Malpractice, Birth Injury, Auto & Truck Accidents, Personal Injury, and Wrongful Death. the Distasio & Kowalski team are highly experienced litigators focusing on personal injury cases.

For more information on Distasio & Kowalski LLC, please visit our website or call 570-970-5400. Learn more about America’s Top 100 High Stakes Litigators.

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Proactively Protect Yourself From Medical Errors

Tuesday, March 23rd, 2021

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.

 

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