“Primum non nocere,” First do no harm. This is a medical provider’s credo. We know it as the “Hippocratic Oath.” It dates from the 17th Century. It is found in “Epidemics, Book I, of the Hippocratic school: “Practice two things in your dealings with disease: either help or do not harm the patient...” When I first started as a lawyer, many cases that involved no real medical decision making did not fall within the area of medical malpractice. For example, I represented 85-year-old women who was injured at a nursing home when her nursing assistants negligently transferred her from a chair to her bed using a “Hoyer” lift, a mechanical device used to transfer a patient in such instances. It is called a “Hoyer” lift because it was invented by Ted Hoyer, a paralyzed engineer, who invented it for his own use to move himself in this way and to get in and out of his car. See, U.S. Patent No. 3,222,029A. These devices, over the years, have become the standard way of transferring patients. And they can be used negligently, as it was for my 85-year-old client, who was dropped during such a transfer when, as a result, she broke her hip, developed an antibiotic resistant infection, and died. We resolved this case after suit and did not have to engage in expensive pre-suit expenses which, since 1996, are now required for such cases as a result of the Health Care Services Malpractice Act and the Medical Care Availability and Reduction of Error (“MCARE”) Act, 40 P.S. § 1303.503. Today, the Pennsylvania Rules of Civil Procedure, Rules 1042.1 through 1042.8, require plaintiffs to provide a “certificate of merit” for medical malpractice cases. Such cases include the types of cases where, like in the above example, a person is injured in a nursing or care facility. Nevertheless, even though these cases are now more expensive or complex, this does not mean that all cases need such cost or expense.
For example, I recently settled a physical therapy malpractice case where the client was a non-verbal stroke victim who, as therapy, was placed on a treadmill, even though her left side was partially paralyzed. Insufficient supervision was provided; moreover, the treadmill was not operated correctly because when the therapist turned it on, my client was thrown from the treadmill and suffered a serious wrist fracture that required emergency surgery with Open Reduction and Internal Fixation (“ORIF”). The case was resolved without filing certificates of merit.
For medical malpractice cases, I work with other lawyers, with whom I have a good working relationship, to evaluate more complex cases. If you or someone you know has been injured because of medical malpractice or through negligence of a care facility, you should call us, we can help.
Other matters involve abuse or fraud. These occur in cases where there is an abuse of a power of attorney or through outright theft. I have litigated these matters and can help you find remedies and solutions. These matters also fall within an area of practice I have designated as “Happy Law.” While they are in unhappy situations, I can help find what may be a simple solution that provides a good outcome for my clients. It is “Happy” law because clients come to me in an unhappy state and, after we review the case, if we find a solution, they leave with a result that makes them happy.
