Personal injury lawyers Melissa A. Scartelli and Peter Paul Olszewski, Jr. of the Scranton and Wilkes-Barre, Pa., regional law firm Scartelli Olszewski, P.C. have secured a $ 750,000 settlement for the family members of a prison inmate who died at the Federal Penitentiary in Lewisburg, Pa. (U.S. District Court for the Middle District of Pennsylvania, 4:10-cv-02603-JEJ). The wrongful death and survival action handled by Scartelli and Olszewski arose out of the April 2008 death of Louis Thomas Faison, Jr., who was then 63 years old.

Faison entered the prison in good health on Sept. 5, 2007. On April 1, 2008, he reported to the prison infirmary with complaints of a cough, aches and generalized pain. He was diagnosed with an acute upper respiratory infection and sent back to his cell with symptomatic treatment only. Approximately 24 hours later, Faison?s condition had significantly worsened. He was diagnosed with acute bronchitis, prescribed an antibiotic and returned to his cell. Less than two hours later, Faison was found unresponsive. Based upon expert opinion, his family contended that the prison healthcare provider failed to meet the standard of care regarding the treatment of acute respiratory infections. The failure to perform a comprehensive lung evaluation and to provide emergent care to Faison on April 1 and 2, 2008, directly led to his death.

?Federal inmates are entitled to appropriate medical care during incarceration. People from all walks of life who seek the assistance of a medical professional should be able to feel confident that they are receiving sound medical treatment,? stated Olszewski. ?While a verdict or settlement cannot bring back a loved one, we are proud to have helped Mr. Faison?s family pursue justice in this matter. When an injury or death occurs, it is our job to make sure our clients are represented fairly and compensated fully.?

A shareholder of Scartelli Olszewski, P.C., Olszewski serves as the firm?s managing partner. He is a former Luzerne County District Attorney and Court of Common Pleas judge who possesses more than 25 years of litigation experience. As District Attorney, Olszewski tried 18 jury trials to verdict, including seven first-degree murder verdicts. During his tenure as a common pleas judge, he tried more than 180 criminal jury trials, including five capital homicide trials, and was named Criminal Court Administrator. Olszewski was previously engaged in private practice handling criminal, civil and family law trials throughout Northeastern Pennsylvania. A member of the Million Dollar Advocates forum, he currently focuses his practice on medical malpractice, criminal defense and personal injury matters.

Scartelli is one of a handful of women trial lawyers in Northeast Pennsylvania who is a Board Certified Civil Trial specialist. For more than 20 years, she has handled a wide range of complex personal injury matters on behalf of seriously injured plaintiffs throughout the state and federal courts of Pennsylvania. She founded the law firm in 2001 to protect the rights of accident and malpractice victims. Her areas of practice include automobile accidents, auto defects, construction and workplace accidents, defective drugs and medical devices, insurance bad faith, liquor liability, medical malpractice, nursing home negligence, premises liability, product liability, professional liability and psychiatric malpractice. She is also a member of the Million Dollar Advocates forum and has been named a Pennsylvania Super Lawyer

Those that have sustained permanent disabilities or any kind of injury from incompetence by medical staff need to call a medical malpractice lawyer immediately. The timing is especially crucial in wrongful death occurrences because depositions need to be taken immediately, while the information is still recent to increase your chances of settlement.

When you or a loved one has suffered terrible consequences from the mistakes of medical staff, doctors or hospitals, a medical malpractice claim needs to be made immediately. There can be time limits set on certain types of claims and if insurance company lawyers are already trying to settle with you, it is crucial you get expert legal advice before negotiating with them.

There are all types of cases, when it comes to medical malpractice and wrongful death cases. They can occur from complications during pregnancy, surgery or prescription drugs and misdiagnosis. It is crucial you find an attorney familiar with these particular types of cases because there are some lawyers that are also doctors, or have paid doctors on their staff and they know exactly what to look for. When injuries are sustained, through no fault of your own, it is important that you seek legal help immediately to protect your interests.

You can get a free legal consultation to advise you of your rights to compensation and many medical malpractice practitioners will take your case on a contingency basis. This means there are no expenses out of your pocket and they receive an agreed upon percentage, when the case is settled. If no compensation is granted, you don’t have legal expenses to worry about.

In the majority of cases that have been reviewed and enter into a claim situation, settlements will be made, but lawyers that are experienced in medical malpractice cases are willing to take them to trial, if necessary. You need the advice of legal experts that can help you through the negotiations and legal procedures that are necessary.

Many individuals that have suffered from medical malpractice or negligence will have medical expenses to pay and might suffer loss of income or pain and suffering. It is crucial that you employ the services of an expert lawyer to ensure your rights are protected and one that understands your particular case. There are lawyers that specialize in all areas of practice, but to win a medical malpractice lawsuit, you need a lawyer that understands medical terminology and particular injuries or the wrongful death of a loved one.

Related Medical Malpractice Lawyer Articles

Best answer:

Answer by jnoh316
If they say they can’t pay here’s what I *Imagine*:

They think since the child is already dead, you don’t need money because there is nothing to pay for to: for example bring the child back to good health, or fix any problems. There’s nothing the money will do FOR THE CHILD, and you can’t really go in there and say the money will make you feel better for the loss…

Just an opinion.

Give your answer to this question below!

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• can you sue for medical malpractice in new zealand

It has been revealed that a 59-year-old solicitor has died due to medical negligence.

The “extraordinary man” died due to professional negligence, a hospital trust accepted, due to a string of blunders.

The patient, of Coopersale Common, Coopersale, fought back a lifetime of health problems to become a successful lawyer, but in 2005 he died shortly after attending Princess Alexandra Hospital, Harlow, due to negligent staff.

Despite his illness (a wheelchair user for life after being born with osteogenesis imperfecta which leads to brittle bones) he became a well-liked solicitor on the High Street in Epping.

He took part in a number of charity and community events and sadly just before his death, he was accepted into a post as an employment tribunal judge.

Mistakes lead to death

The clinical negligence took place when he visited Princess Alexandra on December 9, 2005 with respiratory problems and a cough.

Despite being in good health prior to his hospital visit, he died there of complications related to those respiratory problems.

Medical director for The Princess Alexandra Hospital NHS Trust Dr Sandra Dimmock said: “The Trust accepted liability for [the patient's]death and has apologised once again to [his widow]and her family for the errors made.

“The Princess Alexandra Hospital NHS Trust works hard to ensure that the quality of its healthcare services continually improve and lessons are learnt.”

Solicitor Jenny Kennedy of Anthony Gold, who acted for his widow stated: “[He] was an extraordinary man and deserved better treatment than he received at the hands of Princess Alexandra Hospital who acknowledged their faults and admitted in open court how sorry they were.

“It’s an awful thing to think this gentleman, who had so many issues to deal with in his life medically, and who survived against all odds to be such a good person and a good lawyer, should have been let down so badly by the NHS.”

The hospital has now paid his widow a six-figure compensation claim settlement and apologised for his treatment. It has not been revealed the exact amount of award money.

His wife, 47, commented: “We all miss him a lot. We think he would be pleased with the result. He was very helpful, and had a full sense of humour.”He was very well-known for his solicitor work and his charity work. He did a lot of old time music hall performances for Lifeboat and St Clare. He also worked with Citizens’ Advice in Epping.”

New recruitment

In similar news, in an attempt to meet targets and deadlines, the trust bosses are heading for the Philippines to find more nurses.

A recruitment team will leave Harlow bound for the Far East in an attempt to find 50 new workers. Such a practice has been going on for a decade.

The service stated that the introduction of Filipino nurses helps to improve the hospital. Trust executive director of nursing/patient care, Yvonne Blucher, who headed up the first PAH Philippines trip, stated:

“Our Filipino nurses have been valuable assets to the hospital. They are thoughtful, considerate in patient care and look at the holistic approach, not just of the patients but also of the carers. We will be delighted if our recruitment team can return from their trawl with another rich catch of high quality nurses.”

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• medicinal malpractice issues in philippines
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He died of Congestive Heart Failure at 1:30AM on Tuesday at home.

Upon relaying the news to my mother (a nurse of 30 years), she immediately could not understand why he was not immediately admitted to the ER, siting that besides the fact that every symptom he was experiencing was a blatant sign of CHF, the extreme resting heartrate should have been enough to warrant an immediate admittance to the hospital for monitoring, especially given his well documented past heart issues.

We began asking everyone we could think of that had medical backgrounds: “What do these symptoms mean, and what should one do about it?”, whilst siting the symptoms. Every person, without hesitation, answered in the same general manner: Congestive Heart Failure, go to the ER immediately!

Along with the same prognosis, they all concurred that any competent person with a medical background should have seen CHF coming a mile away, and failing to do so is complete negligence.

Now, obviously, we’ve have already had several people of medical backgrounds agree in the negligence factor of our situation, but being that this is a major undertaking that we are considered, I do feel that having as much confirmation as possible that we are acting justifiably in the matter will be a good thing for us. Also, though they are medically educated people, none were lawyers, so I also would like to know, from a legal standpoint, if even have a leg to stand on.

Please, what should we do? Should we trust the bad taste that has been left in our mouths with this whole ordeal and try for vindication?

Thank you in advance for any and all help.

Best answer:

Answer by healthminded
You already know the answer. The family needs to contact lawyers dealing in medical malpractice. Your mom who is an RN already knows this, and everyone else has told you, so, why trust those here on yahoo over the ones who are with you and telling you?

Please, contact a lawyer and they will be able to tell the family what their rights are. They should totally pursue this! So sorry for the loss of this man.

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When people visit a hospital, nursing home, clinic or any other medical institution, they have a right to assume that the attention they receive from the institution’s staff of doctors, nurses or lab technicians meets the standards of medical practice. If any member of the staff fails to meet such standards, it is considered a case medical negligence.

Studies estimate, the number of people loosing their lives due to medical negligence are nearly the same as the number of victims who die in road mishaps. Medical negligence also causes permanent or temporary injuries to the patients which leads to unwanted pain, trauma, suffering and expenses- that could have been easily avoided if the medical professionals were a bit more cautious.

Medical Negligence Scenarios

There are various scenarios which could cause a medical negligence and include situations like misdiagnosis, non-diagnosis or delayed diagnosis. Other situations that can result in medical negligence cases involve medication blunders like, wrong quantity of medication, incorrect medication and life-threatening medications. Errors committed by medical staff during surgery and child birth are also considered serious cases of medical negligence.

In recent news that throws some light on prevailing medical negligence cases in UK, a jury has termed the malpractice as “manslaughter by gross neglect”; an example of such a case was that of a woman in Bristol, who died of overdose three years ago. The 56 year old was getting treatment for multiple myeloma- a bone marrow cancer when a doctor quadrupled her dosage.

Liability was admitted and is negotiating compensation in an out-of-court settlement with the family. Dr Chris Burton, Medical Director of the trust was quoted by the BBC: “North Bristol NHS Trust would like to take this opportunity to repeat its sincere apologies and condolences to [the woman's] family and friends. The Trust has co-operated fully with external investigations into the circumstances surrounding [her] death.”

Seeking a Medical Negligence Compensation Claim

Not everything can be measured in money and medical negligence compensation will not always be able to pay for the pain and trauma one suffers from carelessness of the other. Medical negligence is a serious case of breach of trust as patients usually suffer from both physical and mental injuries caused due to negligence of medical professionals who patients trusted, with their lives. Therefore, medical negligence compensation should always be considered.

A medical compensation claim provides a legal recourse for the victims of medical negligence to voice against the injustice. If the claim is won, it holds the defendants responsible for their negligence. Moreover, it sends a warning to the fraternity to be more careful while attending patients or face the consequences.

While pursuing a medical negligence claim, it is always advisable to approach a claims firm. A solicitor from the company will make an assessment of the injury and will further advise the victim on the available options. First the solicitor will try to make an out-of-court settlement with the defendants. If the claim is still disputed, the case moves to the court. A good solicitor, with his/her knowledge and expertise, should definitely be able to get victim an acceptable compensation from the defendants.

More Medical Negligence Articles

Best answer:

Answer by B.
Law Library
State board of Medicine
March of Dimes
Planned Parenthood
Newspaper search
Internet search

These are all possible places to find your specific cases. You are going to have to be more creative and do the recearch on your own if you expect to become a good attorney.

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