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Northern Virginia Personal Injury Lawyer
Fairfax personal injury attorney Ben Glass posts news and opinions about northern virginia personal injury legal topics including medical malpractice, car, truck and SUV accidents, premises liability (slip and fall) and denial of long-term disability insurance claims. Mr. Glass serves Fairfax and all areas of NOVA.

• Woman Receives Radiation and Chemotherapy for Cancer She Did Not Have
  

  A woman from Poca, West Virginia has filed a medical malpractice suit against a pathologist after allegedly receiving radiation and chemotherapy for cancer she did not have.

  On August 26, Charlotte Mollohan filed suit against Charleston Area Medical Center and Ho-Huang Chang, the medical director of CAMC Laboratories and director of anatomic pathology, in the Circuit Court of Kanawha County, West Virginia. Michael Mollohan, her husband, has also been named as a plaintiff.

  The suit claims that after receiving radiation and chemotherapy treatments for a period of six weeks to treat small cell lung cancer, a diagnosis that is often fatal, Mollohan developed a shrunken esophagus.

  However, the cancer Mollohan was receiving treatment for was later discovered to be a small tumor in her long. She is now required to undergo a procedure every five weeks to stretch her esophagus enough for her to be able to eat. The procedure involves a plastic ball being inserted into her throat and expanded in order to stretch the esophagus.
  
  The suit alleges that Mollohan was hospitalized for neutropenia, an abnormally small number of neutrophil cells in the blood, and anemia in addition to developing chemically induced numbness and tingling, all of which require ongoing treatment.

  Originally posted at InjuryBoard by Ben Glass
• Virginia Federal Court Rules in Favor of Disability Claimant
  

  In the first ERISA disability case to discuss the newest case from the United States Supreme Court, the disability claimant was awarded a huge win against Liberty Life Insurance Company.

  
  I was quoted in the Virginia Lawyers Weekly article about this interesting case.
  

  Originally posted at InjuryBoard by Ben Glass
• What's Better, Settling or Going to Trial
  

  Ah the age old debate about "successful" resolution of a personal injury case. Now, a new study concludes that settling your case is the best way to "win."

  Kentucky accident attorney Mike Schaffer has the story and analysis at his web site.

  I'm not so sure how valid such a study could ultimately be. Each case is so fact driven. I've never seen two cases that are alike. Ultimately, getting advice from an experienced personal injury attorney in your area is the best advice.
  

  
  
  Originally posted at InjuryBoard by Ben Glass
• What is "informed consent"?
  

  Informed consent is a concept in the law that says that before rendering treatment a physician must use reasonable care to properly utilize you of both the risks and the benefits of the treatment. If a physician fails to advise you of both the risks and benefits of the treatment he may be liable to you for any damages caused by the treatment if you can convince the jury that had you known the full risks and benefits of treatment you would not have undergone the treatment.
  
  Informed consent cases are usually pretty tough. Many times you are handed a form just before surgery that appears to be an "informed consent" form. Whether or not this form is adequate (and usually it's not) is up to a jury. In almost all cases the doctor will testify that he or she did have a full discussion with you of the risks and benefits of the proposed treatment. Therefore it becomes an "he said/she said" situation and these types of cases are almost always one by the doctor.
  
  Only an experienced medical malpractice attorney in your area can help you determine whether you have a medical malpractice case paste on a claimed lack of "informed consent."
  

  Originally posted at InjuryBoard by Ben Glass
• Can you sue for what might have happened?
  

  Sometimes potential clients call us and complained that "if they had taken the medication that the pharmacist incorrectly gave them they would have become very sick." Since they did not take the medication because they noticed that it was the wrong pill, they did not get sick. They want to sue the pharmacist for what "might have happened." Is this a case?
  
  The law demands compensation for careless acts that lead to real injury. A jury is not allowed to consider what "might have happened" but can only consider in their verdict damages that they believe actually flowed from the alleged negligence and damages that expert testimony establishes will probably happen in the future. It simply does not matter what "might have happened" had you not been smart enough to figure out that the pharmacist had filled the wrong medication.
  

  Originally posted at InjuryBoard by Ben Glass
• Is a misdiagnosis malpractice?
  

  What happens when you learn that the first diagnosis that your doctor made is wrong? What if you took medication that has been harmful to you that you didn't need to take because the diagnosis was missed? What if they delay in making the correct diagnosis has cost you the chance of a cure?
  
  While all of these situations may seem to have an obvious answer they're not necessarily medical malpractice. Doctors are judged by the "standard of care" and that means that their decisions are deemed to be malpractice only if they fell outside of the range of decisions that a reasonably prudent physician in a similar situation and similarly trained would have made.
  
  Generally, you are medical malpractice attorney must find an experienced physician in the same or similar specialty as the doctor who made the misdiagnosis who will examine the medical records and render an opinion as to whether the first doctor's care fell outside the "standard of care." Only when it does to you potentially have a medical malpractice claim.
  
  Remember, each case is different and must be examined on its own merits.
  

  Originally posted at InjuryBoard by Ben Glass
• Head-On Crash Leaves Four in Hospital in Prince William County
  

  On August 5 at 5:20 pm, a 31-year-old Bristow woman's 2006 Volkswagen Jetta crossed into oncoming traffic and struck a 2003 Ford F-250. They were traveling on Devlin Drive near University Boulevard in Prince William County said police spokeswoman, Erika Hernandez. The Bristow resident was flown to Inova Fairfax Hospital to receive treatment for her severe, but non life-threatening injuries. Three men from the Ford, the driver and two passengers, were also taken to the hospital with minor injuries. Neither drugs, alcohol, nor speed have been identified as factors in the accident. No one has been charged at this time.

  Originally posted at