Medical Malpractice

Pittsburgh medical malpractice wrongful death car accident and slip and fall attorney Bernie Tully thinks it’s important that you know HOW doctors and hospitals defend medical malpractice cases.

Sometimes the defense of a medical malpractice case is the following: yeah we screwed up but it would not have mattered anyway. The patient was going to die or be severely injured anyway no matter what we did.

That’s exactly what happened in a recent medical malpractice case in Franklin County Pennsylvania.

There, a doctor and hospital were sued for medical malpractice. They failed to properly follow-up on a patients progress after they found tumors in her brain. This led to her death.

That seems like a open and shut case right?

I’m afraid not. In fact the jury in that case found in favor of the doctor and Chambersburg Hospital.

How can that be?

Incredibly in this case the doctor and hospital actually agreed before trial that their failure to schedule a follow-up visit for the deceased woman to monitor the tumors was a breach in the standard of care required of the doctor and hospital.

They admitted they screwed up.

However, the doctor and hospitals experts testified that the victim would have died anyway even if they did monitor the tumors better. The jury in fact found that the woman’s death was not a factual cause of the failure to closely monitor the tumors. They found that the type of cancer the decedent had was very aggressive and would not have been treatable even if the doctors had ordered follow-up brain tumor scans.

So there’s a perfect example of a case in which the doctors and the hospital admitted that they breached their standard of care owed to a patient and yet the jury found for the doctor and the hospital.

Although my law firm had nothing to do with this case our hearts go out to the family and the decedent who died in the situation.

And it also goes to show what a real war you get involved in when you pursue a medical malpractice case.

The doctors and hospitals being sued often bring in a world renowned expert to justify the actions they took. In this case the doctors expert testified that the patient was going to die anyway whether or not follow up CAT scans of the tumors were done or not.

I try to be very honest with you in these blogs to discuss some of the hurdles involved in getting a fair $$$ recovery in your injury case.

The area medical malpractice is no different.

Not every case gets a great verdict or award in the victims behalf. But you can be sure if Pittsburgh medical malpractice wrongful death car accident and slip and fall attorney Bernie Tully is representing you that we will do everything we  possible can to win your case. CALL US FOR A FREE MEETING. I care.

Thanks for reading.

Bernie the attorney