Health

Proving Medical Negligence: Essential Elements in Pittsburgh Medical Malpractice Cases

Proving medical negligence is the most vital aspect of any malpractice case since it will also affect your compensation and damage rewards. Because of this, you should work closely with a Pittsburgh medical malpractice lawyer to prove fault.

Several elements are needed to prove negligence and establish fault. Still, with a lawyer, you can gather more evidence and gain the upper hand in negotiating a settlement or simply have proper representation in court. Here is what you should know about proving medical negligence in Pittsburgh medical malpractice cases.

Duty of Care

In society, everyone has a duty of care to one another in some way. For example, vehicle drivers have a duty of care to follow traffic rules. Property owners have a duty of care to ensure the safety of their premises. When it comes to healthcare providers, they have an even greater duty of care as they are directly responsible for their patients’ health and well-being.

Because of this, the first element that needs to be proven in personal injury cases, including medical malpractice, is that the healthcare provider has a duty to provide the patient with a high standard of care.

The standard of care is the level of care a reasonable, prudent healthcare provider in the same specialty would have provided the victim under similar circumstances. This is why in medical malpractice cases, expert witnesses are called on to give unbiased testimonies in court or outside the court, such as in the arbitration process.

Expert witnesses are professionals in various fields relevant to the case. Regarding malpractice cases, for example, expert witnesses are almost always other healthcare providers, doctors, or other types of health specialists.

Breach of Duty

The second element that needs to be established in medical malpractice cases is that a breach of duty occurred. Essentially, the plaintiff (victim) needs to prove that their healthcare provider failed to provide them with the required standard of care.

This is where expert witnesses also play a huge role with their testimonies. Essentially, in this stage, it must be highlighted that the healthcare provider deviated from the accepted standard of care and that this deviation caused injury to the patient.

Causation

The third element that needs to be established in malpractice cases is causation. This is the stage where the plaintiff must prove that the injury would not have occurred if their healthcare provider hadn’t deviated from the required standard of care.

If the evidence is preserved and presented appropriately, and relevant expert witnesses give pertinent expert testimonies, it should prove that the healthcare provider’s breach of duty caused the injury.

Damages

The last essential element required in medical malpractice cases is proving that the victim suffered damages due to the healthcare provider’s breach of duty. In other words, their negligence, recklessness, or willful intent caused injury.

Damages aren’t only of a physical nature in medical malpractice cases. Other damages can be included, such as emotional distress, lost wages, and any other medical or out-of-pocket expenses.

Establishing The Elements of Malpractice

To establish the elements needed to pursue and win a malpractice case, you need to document evidence as soon as possible and contact a medical malpractice lawyer to help with your claim.

You should record and keep all the receipts for your medical intervention, appointments, and prescriptions, including those that weren’t necessarily related to your injury but were used afterward.

For example, suppose your malpractice case resulted in your taking the wrong medication, and you suffered side effects. In that case, you can also show that you purchased other medications to treat or alleviate your symptoms.

Apart from medical records, photos, and receipts that prove your interaction with the healthcare provider and your injuries, you should also consider witnesses that can help your claim.

Some witnesses can be those who observed the procedure and how the malpractice occurred, but this is rare due to their relationship with the healthcare provider.

In other instances, witnesses can be your acquaintances who have seen how the procedure affected you and your quality of life. This will help you pursue non-economic damages such as pain and suffering.

Yet, the best witnesses you can have in medical malpractice cases are expert witnesses, which your lawyer can retain.

Why Having a Lawyer is Crucial In Malpractice Claims

Medical malpractice cases are complex and challenging. Proving the elements of malpractice in court, mediation, or arbitration isn’t easy without a medical malpractice lawyer by your side.

Healthcare providers and medical institutions have powerful legal representation that they will use to try and disprove your claim or reduce your settlement amount.

For example, a healthcare provider’s defense lawyer might argue that your negligence aggravated your injuries. This is known as contributory negligence, and it can severely reduce your compensation or eliminate it completely, leaving you with nothing.

They will do whatever they can to diminish your claim since medical malpractice cases often lead to defamation. When a healthcare provider’s negligence is exposed, their reputation will take a big blow, and it’s only natural for them to defend their position vigorously and disclaim yours.

This is why having legal representation by your side is essential. Working closely with a reliable medical malpractice lawyer doesn’t automatically mean that you will initiate a medical malpractice lawsuit and go to court.

On the contrary, a lawyer can advise you to settle your case via mediation or arbitration, which is a different legal route that can help you get justice without needing to go to court. A lawyer will help you with all the paperwork involved, gather evidence, speak with witnesses, prepare expert witnesses for your case, and negotiate in your favor.

When the negligent party sees that you have a lawyer by your side, they will most likely accept a settlement rather than go to court, saving both of you a lot of time, stress, and money.

Health

Report Causes Pfizer Stock to Climb Approximately $1 Billion Acquired by Starboard

(VOR News) – According to a rumor that activist investor Pfizer Starboard Value has taken a holding in the struggling pharmaceutical business that is expected to be worth around one billion dollars, the stock of Pfizer (PFE) is on the increase in premarket trading on Monday.

This comes after the report was made public. The report was made available to the general public following this. Starboard Value was successful in moving forward with the acquisition of the position.

Starboard is said to have approached Ian Read, a former chief executive officer of Pfizer, and Frank D’Amelio, a former chief financial officer, in order to seek assistance with its goals of boosting the performance of the company, according to the Wall Street Journal. Read and D’Amelio are both former Pfizer executives.

The purpose of this is to facilitate the accomplishment of its objectives, which include enhancing the overall performance of the firm.

In their previous jobs, D’Amelio and Read were chief financial officers.

It is stated in the report that the hedge fund is of the opinion that Pfizer, which is currently being managed by Albert Bourla, who succeeded Read as Chief Executive Officer (CEO) in 2019, does not demonstrate the same level of mergers and acquisitions (M&A) discipline that Read did. Bourla took over for Read in 2019. Read was succeeded by Bourla in the year 2019.

Pfizer, a multinational pharmaceutical conglomerate, has made substantial investments in the acquisition of more companies that are involved in the research and development of cancer medicines.

These businesses have been acquired for billions of dollars. The biotechnology company Seagen, which was acquired by Pfizer in the previous year for a price of $43 billion, is included in this category. One of the businesses that can be classified as belonging to this category is Seagen.

In spite of the fact that the S&P 500 Index experienced a 21% increase in 2024.

No major trading occurred in Pfizer stock that year.

Due to the fact that the demand for Pfizer’s COVID-19 vaccines fell after the firm reached its pandemic peak in 2021, the share price of the corporation has decreased by over fifty percent since that time.

This drop has occurred ever since the company’s shares reached their maximum peak, which was during the time that this decline occurred. Not only have they not changed at all, but they have also remained essentially stable. This is in contrast to the S&P 500, which has gained 21% since the beginning of this year.

Recently, the corporation was forced to take a hit when it decided to recall all of the sickle cell illness medications that it had distributed all over the world.

Fears that the prescription could lead patients to experience severe agony and possibly even death were the impetus for the decision to recall the product. In spite of the fact that Pfizer’s stock is increasing by almost three percent as a result of the news that followed the company’s decision, this is the circumstance that has come about.

SOURCE: IPN

Health

New Study Reveals Drinking Soda Pop Increases the Risk of Stroke

If you drink too much soda, fruit juice and coffee, beware!

A recent report from global research indicates that excessive consumption of coffee or soda pop is associated with an increased risk of stroke, although the intake of black and green tea is correlated with a reduced risk. Excessive consumption of soda pop or coffee warrants caution!

Recent research indicates that it may substantially elevate the risk of stroke.

Consuming four cups of coffee daily elevates the risk of stroke, according to studies, although ingesting 3-4 cups of black or green tea daily typically offers protection against stroke. Additionally, consume more coffee; it may reduce your risk of mortality.

Recent findings from global research studies co-led by the University of Galway and McMaster University, alongside an international consortium of stroke researchers, indicate that soda, encompassing both sugar-sweetened and artificially sweetened variants such as diet or zero sugar, is associated with a 22 percent heightened risk of stroke. The risk escalated significantly with the consumption of two or more of these beverages daily.

Stroke Risk Fizzy Drinks and Soda Pop

The correlation between fizzy drinks consumption and stroke risk was most pronounced in Europe, the Middle East, Africa, and South America. Women exhibit the most elevated risk of stroke from bleeding (intracranial hemorrhage) associated with fruit juice beverages. Consuming over 7 cups of water daily diminishes the likelihood of stroke due to a clot.

Researchers observed that numerous items advertised as fruit juice are derived from concentrates and have added sugars and preservatives, potentially negating the advantages often associated with fresh fruit and instead elevating stroke risk.

Fruit juice beverages were associated with a 37 percent heightened risk of stroke resulting from bleeding (intracranial hemorrhage). Consuming two of these beverages daily increases the risk thrice.

Consuming over four cups of coffee daily elevates the risk of stroke by 37 percent, although lower consumption levels do not correlate with stroke risk. Conversely, tea consumption was associated with an 18-20 percent reduction in stroke risk. Additionally, consuming 3-4 cups daily of black tea, such as Breakfast and Earl Grey varieties, excluding green and herbal teas, was associated with a 29 percent reduced risk of stroke.

Consuming 3-4 cups of green tea daily was associated with a 27 percent reduction in stroke risk. Notably, the addition of milk may diminish or inhibit the advantageous effects of antioxidants present in tea. The lower risk of stroke associated with tea consumption was negated for individuals who added milk.

Disclaimer: This article is intended solely for informational reasons and should not be considered a replacement for professional medical counsel. Consistently consult your physician regarding any inquiries pertaining to a medical problem.

Starbucks Faces Sales Decline Amid Price Fatigue and Rising Competition

Starbucks Faces Sales Decline Amid Price Fatigue and Rising Competition

Health

Following a Diagnosis of Breast Cancer, What Else Should You Know?

(VOR News) – Even though breast cancer affects one in eight American women, receiving a diagnosis can make a woman feel isolated.

Experts in breast cancer from the American College of Physicians (ACS) advise patients on how to manage their disease so that they may better cope with this awful information.

First, the kind and stage of breast cancer dictates the course of your care.

In addition to immunotherapy and chemotherapy, there are various surgical options available for the treatment of breast cancer.

Women of African descent are disproportionately affected by triple-negative breast cancer, an extremely aggressive form of the disease that has never proven easy to treat.

According to the American Cancer Society, pembrolizumab (Keytruda), an immunotherapy, has been shown to be helpful when combined with chemotherapy and is currently the recommended course of treatment for certain combinations of triple-negative breast cancer.

In her presentation, Dr. Katharine Yao said, “It’s really important that the patient and physician discuss the patient’s preferences and values when deciding what type of treatment to pursue and that they have an honest, individualized discussion with their care team.”

She is currently responsible for developing breast cancer treatment recommendations for more than 575 hospitals and institutions nationwide in her role as chair of the American College of Surgeons’ National Accreditation Program for Breast Institutions (NAPBC).

Yao, vice chair of research at Endeavor Health NorthShore Hospitals in New York, pointed out that each decision made about a patient’s treatment plan should take her preferences and diagnosis into consideration.

She ought to think about whether she would prefer a mastectomy—a surgical procedure that involves removing the entire breast with or without reconstruction—or a lumpectomy, which involves a surgical procedure that spares part of the breast tissue.

She stated that “the breast cancer you have may be very different from the breast cancer you hear about in your neighbor, colleague, or friend” in a press release issued by the American Cancer Society (ACS).

“Consider that while discussing breast cancer with others.”

Throughout your journey, it is critical that you look after your emotional health because having breast cancer may have a detrimental impact on your mental health.

“Getting a cancer diagnosis does not mean that everything in your life stops to be normal.” Director of the Fellowship in the Diseases of the Breast program at the Winthrop P. Rockefeller Cancer Institute at the University of Arkansas and state head of the American Cancer Society Commission on Cancer for Arkansas, Dr. Daniela Ochoa She thinks adding the burden of a cancer diagnosis and treatment to all the other pressures in life may be taxing.

“Managing stress and emotional health is vital component of a treatment plan.”

Ochoa recommends clinically trained psychologists and social workers who have assisted people in coping with cancer to anyone receiving treatment. Learning coping techniques might also be facilitated by joining cancer support groups or cancer wellness initiatives.

Breast cancer specialists say your care team is crucial.

The American Cancer Society (ACS) defines comprehensive care as having support at every stage of the procedure from surgeons, oncologists, patient navigators, nurses, social workers, psychologists, and other specialists.

After receiving a breast cancer diagnosis, women should see a surgeon or medical oncologist to explore their options; nevertheless, treatment shouldn’t be discontinued after just one appointment or after surgery is over.

Additionally, you can ask trustworthy friends or family members to accompany you to appointments and aid you with research or notes. They could serve as a network of support for you.

Yao stated in his talk that “one of the most important things is that patients should search out a team they have confidence in, that they trust will have their back when they need it, and a team they feel they can get access to and that will help them when they are in need.”

SOURCE: MP