Medical Malpractice-Big News…

The Pennsylvania Superior Court just gave victims of medical malpractice a huge boost in the arm with a decision they made this week.

A unanimous three-judge panel made the decision.

What was the decision?

What they basically said was that in a medical malpractice case, the doctor is not allowed to use as his or her defense the fact that the victim’s injuries were a recognized complication of the surgery.
What do you think the defense is in many medical malpractice cases?

Pittsburgh medical malpractice car accident and injury attorney Bernie Tully will tell you.

They argue that the injuries sustained by the victim in the case are a common result of this type of surgery even if the doctor screwed up big time.

If, for example,an infection develops in the patient after surgery and the patient’s leg turns gangrene and has to be amputated later on what is the defense to the mismanagement of the case?

Well infection is a common side effect and known complication of this type of surgery.
In other words it is common for this type of infection to set in for this type of surgery.

So we are not responsible even if we did screw up.

This is a powerful argument in front of a jury.


Jurors who are not medical experts will often nod their head and say well that makes sense.
Infection is a common side effect of surgery.
Therefore I guess there was no malpractice in this case.

Bong there goes the case.

But now with this decision by the Pennsylvania Superior Court, the doctors cannot hide from their malpractice by making this defense.

So they have to come up with another argument to explain to the jury why there was no malpractice in this situation.

At least the known complication from this type of surgery defense has been knocked out.

Doctors spend thousands of dollars in defense of a malpractice case.

They do not want to have a malpractice verdict charged against them.

Therefore many times the doctors will refuse to agree to any settlement for that reason.

They know that if they settle the case that their malpractice insurance will skyrocket the next year.

So the surgeons basically roll the dice and decide to go to trial in hopes that the jury will decide in their behalf.

It is not at all uncommon for the sued surgeon to testify himself about what happened.

In that situation the fallback position is always the same.
Complications from this type of surgery.

So hallelujah injured victims do not have to battle that defense anymore in Pennsylvania.

What do you think about the decision?
Pittsburgh wrongful death, medical malpractice and car accident attorney Bernie Tully believes it a very fair decision.

What the Superior Court is saying is that the surgeon had better come up with a better defense as to why the person doesn’t have use of their arms anymore because of their actions during the surgery.

They had better come up with a better reason why they were so careless in causing the victim’s injuries.

When you consider that the vast majority of medical malpractice cases result in a defense verdict anyway, you can see why Pittsburgh medical malpractice and car accident attorney Bernie Tully is so excited about this decision by the Pennsylvania Superior Court.

Yes we do medical malpractice cases.

Our only goal is always the same: to get you the most $$ we can for your injuries.

How do you think the Penguins will do in game 5 of the Stanley Cup opening-round?

We will see.
Isnt it very exciting to watch?

Thanks for reading.

Your friend,

Bernie the attorney.