Contact us today to schedule a free initial confidential consultation: (302) 777-1000

Medical Malpractice—Failure to Diagnose

When a Medical Professional Fails to Diagnose an Illness or Injury

When there’s something wrong with you, you count on medically trained professionals to take the right steps to accurately diagnose your problem, so that you can get the treatment you need to get better. Unfortunately, far too often, doctors and nurses neglect the telltale signs of a disease or fail to order routine tests that could provide the answers you need. If your condition has gone untreated or you have suffered in any way because of the failure of a medical caregiver to properly diagnose a condition, you have a right to pursue damages for negligence.

Most claims involving medical injury are based on a legal theory of negligence. Under the law, everyone, including doctors and nurses, has a duty to act reasonably in the performance of their job. With doctors, the standard is actually a little higher. Doctors are held to a standard of care equal to that of someone with equal training and experience, practicing in the same area.

With respect to diagnosis of an injury or illness, your doctor would be expected to use the same level of care in diagnosing your malady as would another doctor with similar training and experience in the same geographic location. That may include:

  • Conducting a detailed examination to identify all potential causes
  • Ordering necessary tests
  • Referring you to specialists, if necessary
  • Bringing in experts to ensure proper evaluation of test results, if necessary
  • Seeking a second opinion, if appropriate

Misdiagnosis or failure to diagnose often arises with respect to illnesses, such as cancer, blood afflictions or heart disease. It can, however, also involve a failure to diagnose bone, connective tissue or muscle damage.

Contact Attorney Michael J. Hood

For a private meeting with a medical malpractice attorney, please contact us online or call our office at (302) 777-1000. Evening and weekend appointments can be arranged upon request. We will come to your home or the hospital, if necessary. There is no cost for your first consultation.

Medical Malpractice—Surgical Errors

Surgical Mistakes—Your Right to Damages When a Surgical Team Goofs

It seems that regardless of the number of surgical errors that regularly occur—regardless of the procedures seemingly put in place to protect patients in surgery—doctors and nurses still get distracted, fail to pay attention and far too often make mistakes during surgery that cause unnecessary pain and suffering.

The Standard of Care in a Surgical Procedure

Under common law negligence principles in the United States, every person has a duty to act at all times as a reasonable person. This includes during the performance of a job. For a surgeon, the bar is even higher—a surgeon must abide by the standards of a person with similar training and experience working in the same type of surgical practice in the same geographic area. Accordingly, a doctor who performs surgery must typically exercise the care of a skilled surgeon.

In most medical malpractice cases, expert testimony is required to demonstrate the appropriate standard of care.

The Common Types of Surgical Negligence

There are a number of errors that can occur during surgery:

  • A surgeon may simply be careless in proximity to other bodily organs, nicking a spleen or other organ, for example
  • A surgeon may ignore patient vitals, such as blood pressure, causing injury
  • A surgeon may neglect to take proper precautions to sterilize and sanitize, leading to unnecessary infection
  • A surgeon may conduct the wrong type of surgery on a patient, or may operate on the wrong body part
  • A surgical tool or implement may be left in a body cavity

Contact Our Office

To arrange a free initial consultation, contact us online or call our office at (302) 777-1000. Evening and weekend meetings can be arranged upon request. We will come to your home or the hospital, if necessary.


Smartphone Use While Driving

Recently, a New York state prosecutor, Kathleen Rice, unveiled a program designed to prevent drivers from texting and driving (aka distracted driving). She is also hoping that insurance companies and smartphone manufacturers will begin to offer incentives for the adherence of text-and-drive laws.

In a press release, she said:

  • texting while driving is equally as dangerous as drunken driving – and more common among the youth
  • she urged smartphone manufacturers to incorporate technology into their devices that would prevent users from texting while operating a motor vehicle
  • she also asked the larger insurance companies to offer rates at a discount for persons whose devices contained the aforementioned technology (or a third-party app that serve the save function of prohibiting texting while driving)

Ms. Rice also stated that her office will seek to impose sentences that require this text-blocking technology for any individual that is convicted of any violation involving texting while driving. She is also asking law enforcement officers to cite any motorist who violates the law against texting while driving, even if the motorist is already facing more serious charges, such as reckless driving, etc.

Driving While Texting in Delaware – Distracted Driving Laws

Delaware state has extremely tough distracted driving laws – with enforcement being equally stringent. DE’s bans cover all drivers, as well as bans that only refer to bus drivers and novice drivers:

  • All drivers are banned from using hand-held cell phones
  • Bus drivers are prohibited from using both hands-free and hand-held cell phones
  • Novice drivers, meaning drivers with either a learner’s permit or an intermediate license, are also prohibited from using both hands-free and hand-held cell phones
  • Text messaging – ALL drivers are banned from texting messaging while driving. This includes text message composition AND sending text messages while driving.

Motor Vehicle Accident Practice at the Law Office of Michael J. Hood

We take cases involving all types of serious and catastrophic injuries, from brain and spinal cord trauma to road rash or burns, scarring and disfigurement, broken bones, paralysis, and amputation or loss of limb. We also represent individuals and family members in wrongful death actions arising out of a motor vehicle accident.

We will help you pursue full and fair compensation for all your losses, including lost wages and income, the costs of medical care, physical pain and suffering, and loss of companionship or consortium.

Contact Our Law Office Today

To schedule a free initial consultation, contact us online or call our office at (302) 777-1000. Our office is open Monday through Friday, between 8 a.m. and 5 p.m., but we will meet with you evenings or weekends upon request. We will travel to your home or the hospital if necessary.

WIlmington Deleware – Drunk Driving and Motor Vehicle Crashes

Allen Belile, 48, of Wilmington, DE, stands accused of injuring three people in a late-night crash last week in Middletown, DE. When Mr. Belile attempted passing a tractor-trailer, he veered into northbound lanes, and proceeded to strike another vehicle.

Mr. Belile, who was allegedly under the influence during the time of the crash, was also injured and taken to a nearby hospital. This was Mr. Belile’s 4th DUI charge.

Three injured adult crash victims were taken to Christiana Hospital Trauma Center. Their injuries were serious, but not critical.

Allen Belile is facing several charges once released from the hospital, including:

  • One count of 4th Offense Driving Under the Influence of Alcohol
  • Two counts of Vehicular Assault 1st degree
  • One count of Reckless Driving Alcohol Related
  • One count of Failure to have Proof of Motor Vehicle Insurance

The office of Michael J. Hood, LLC offers full-service legal representation to anyone who has been injured in a motor vehicle accident involving a drunk driver, whether as the driver of another vehicle, a passenger in any car or a bystander. We represent individuals who were passengers in the drunk driver’s car, handling injuries suffered in collisions, rollovers and single-vehicle accidents. Often times, drunk drivers are repeat offenders and, could have been driving with very little or no insurance.

Contact an Experienced Personal Injury Attorney

To schedule a free initial consultation, contact us online or call our office at (302) 777-1000. Our office is open Monday through Friday, between 8 a.m. and 5 p.m., but we will meet with you evenings or weekends upon request. We will travel to your home or the hospital if necessary.

Workers’ Compensation Task Force Brings HB 373 To Pass

In late June, the Delaware state Senate passed workers’ compensation legislation in order to lessen the burden on DE businesses by halting the sizable workers’ compensation rate increases. The bipartisan Delaware Workers’ Compensation Task Force, which was created on January 30, 2013 by the Delaware General Assembly and Governor Jack Markell, developed HB 373 over the last year and a half. HB 373 also passed in the DE House in early June.

Delaware employers have been seriously concerned with increasing workers’ compensation rates for several years. House Bill 373 aims to make the system more streamlined and efficient, resulting in relief for DE businesses who have endured premium increases in recent years.

When assembled, the Workers’ Compensation Task Force was charged with:

  • Reviewing Delaware workers’ compensation law
  • The impact of the 2007 workers’ compensation premiums amendments
  • Reasons for recent increases in premiums
  • If the need for any additional changes to statutes, regulations, or practices is required in order to control premium growth (which has risen each calendar year since 2006, and is now the third most expensive in the US)

House Bill 373 recommendations focused almost exclusively on medical costs, as they make up 65-70% of every dollar spent on workers’ compensation premiums in DE, and are 100% responsible for the increase in premiums. Reimbursements paid to health care providers for workers’ compensation patient treatments were significantly reduced. Some DE treatment reimbursement amounts were found to sometimes be 3-5 times greater than the same procedure in other states.

The Task Force’s findings led to them suggesting:

  • Insurance carriers – heightening the oversight
  • Medical costs – stricter control
  • A new rating organization consideration

Workers’ Compensation Injuries

Due to DE workers’ compensation ‘belt-tightening’, it is even more imperative that you seek an experienced attorney when filing your workers’ comp claim. In the event of a workplace injury, you will need comprehensive counsel. We will assist you in gathering all relevant evidence to support your claim and will assist you in the preparation of all required documents.

Contact Our Office

At our office, every client is entitled to a free case evaluation. To set up a private meeting with an experienced Delaware workers’ compensation attorney, contact us online or call our office at (302) 777-1000. Our office is open Monday through Friday, between 8 a.m. and 5 p.m., but we will meet with you evenings or weekends upon request. We will travel to your home or the hospital if necessary.

Michael J. Hood represents premises liability accident & personal injury victims in the cities of Wilmington, Newark, Middleton, Seaford, Laurel, Milford, Brookside, Claymont, Pike Creek, Wilmington Manor, Elsmere, Edgemoor, New Castle, Chester, Springfield, West Chester, Broomall, Woodlyn, Elkton and Pennsville. Also serving New Castle County, Kent County and Sussex County in Delaware as well as Delaware county, Chester county and Philadelphia county in PA.

Hospitals and the Threat of Superbugs

Elsmere Delaware Medical Malpractice Attorney

Due to the wide use of antibiotics over the last hundred years or so, dangerous drug-resistant strains of bacteria are now a common threat in hospitals and emergency rooms across the country. In fact, according to the U.S. Centers for Disease Control and Prevention (CDC), drug-resistant bacteria infects more than two million people nationwide and is responsible for at least 23,000 deaths. While many people may have heard of necrotizing fasciitis, commonly referred to as “flesh eating bacteria”, there are a number of other bacteria that represent an increasing threat to the health of patients in hospitals and emergency rooms.

Drug Resistant Bacteria – A New Threat in Hospitals and ERs

At the moment, there are primarily six different superbugs that represent a serious threat to patients:

  • MRSA (Methicillin Resistant Staphylococcus Aureus) – often associated with urinary tract, bone, and joint infections. The mortality rate for MRSA is roughly 35%.
  • Resistant Streptococcus (Strep A) – Also known as flesh eating bacteria, the morality rate for Strep A is roughly 28%.
  • Vancomycin Resistant Enterococcus – Especially dangerous – roughly a 40% mortality rate – if it enters an open wound or the urinary tract.
  • Resistant Klebsiella Pneumonia – Associated with NDM-1. Results in difficult to treat blood infections, surgical site infections, and meningitis. The mortality rate is roughly 50%.
  • Resistant Pseudomonas Aeruginosa – Typically enters through a cut or break in the skin, leading to kidney and blood infections. A serious threat to cancer patients, the mortality rate of this bug is roughly 50%.
  • Resistant Acinetobacter Baumannii – This bug represents a big threat to people with a suppressed immune system. As a result, patients undergoing an invasive procedure at a hospital are particularly vulnerable. The mortality for this superbug is roughly 80%.

Hygiene – The Key to Preventing Superbug Infections

The best way to prevent an infection from a superbug is through hygiene. While hospitals often undertake efforts to prevent infection, the threat of these superbugs demands that hospitals take additional measures. Failure on the part of doctors or nurses to wash their hands thoroughly can increase or cause an infection. Additionally, healthcare staff must properly clean and sterilize catheters, ventilators, and other medical utensils to minimize or prevent superbug infections.

When proper hygiene is not practiced, hospitals can be held financially liable for injuries and deaths that happen as a result.

Contact Elsmere Medical Malpractice Attorney Michael Hood

When a superbug infection happens, it’s not uncommon for hospitals to claim there are risks associated with every medical procedure or hospitalization. While true in principle, this side steps the issue of whether or not proper preventative measures were taken.

If you’ve suffered medical complications due to a superbug infection, contact medical malpractice attorney Michael Hood today to discuss your case. Contact our office online or call us at (302) 777-1000. There is no charge for your first visit.

We’ve Moved!

Attorney Michael J. Hood Has a New Location!

The law office of Michael J. Hood has moved to a new location:

The office of Michael J. Hood, LLC, we have provided comprehensive legal counsel to personal injury victims in Delaware and Pennsylvania since 1982. We understand the uncertainty and anxiety that come in the aftermath of a personal injury. We will work hard to make certain that you have accurate and up-to-date information at all times. We will learn as much as we can about your accident and injuries so that we can give you a timely and realistic appraisal of the strengths and weaknesses of your case, the reasonable value of your claim and your chances of success.

We offer a free initial consultation. For a confidential meeting, contact us online.

Practice Areas

Contact Michael J. Hood

Michael J. Hood represents premises liability accident & personal injury victims in the cities of Wilmington, Newark, Middleton, Seaford, Laurel, Milford, Brookside, Claymont, Pike Creek, Wilmington Manor, Elsmere, Edgemoor, New Castle, Chester, Springfield, West Chester, Broomall, Woodlyn, Elkton and Pennsville. Also serving New Castle County, Kent County and Sussex County in Delaware as well as Delaware county, Chester county and Philadelphia county in PA.

Motorcycle Accidents Overview

Motorcycle Accident Lawyer in Wilmington, DE

If you’ve been hurt in a motorcycle accident, you want an experienced lawyer to help you get full and fair compensation for your injuries, one with a long record of successfully representing injured people. The injuries suffered in a motorcycle accident are, unfortunately, often serious. Identifying all their consequences can be challenging, requiring the services of a skilled attorney.

At the law office of Michael J. Hood, we bring more than 31 years of experience to personal injury victims in Delaware and Pennsylvania, including people who have been hurt in motorcycle accidents. We will take the time to learn the intricate details of your accident, as well as what you need to regain your health and get on with your life. We will carefully assess the strengths and weaknesses of your case so that we can give you a realistic expectation of the potential value of your claim, as well as your likelihood of success. We will keep you fully informed of all developments in your case, as well as your options, so that you can make good decisions about how you want to proceed.

To discuss your motorcycle accident claim with an experienced lawyer, contact our office online or call us at (302) 777-1000.

Philadelphia County Motorcycle Accident Injury Attorney

We provide comprehensive representation to people who have been injured while riding a motorcycle, handling all types of claims, including cases involving:

  • Hit-and-run
  • Uninsured or underinsured drivers
  • Accidents caused by defective or dangerous roadways
  • Injuries resulting when motorists run stop signs or lights, or change lanes illegally
  • Accidents involving illegal passing

We take cases involving all types of injuries, including serious and catastrophic losses, which can include brain or spinal cord injury, paralysis, disfigurement, or loss of limb. We also represent individuals, and families, who have lost a loved one because of a wrongful death involving a motorcycle accident.

Contact the Law Office of Michael J. Hood

We provide a free initial consultation to all motorcycle accident injury victims. Contact our office online or call our office at (302) 777-1000 to schedule an appointment. We offer a free initial consultation to every client.

Liability in Public Swimming Pool Accidents

Wilmington Delaware Pool Accident Accident Attorney

Under Section 4464 of Title 16 Health & Human Services Delaware Administrative Code, public pools are required to adhere to a number of codes and regulations in the construction, operation, and cleaning of a pool. There are requirements specifying what chemicals must be added to pool water to counteract the degradation of chlorine due to sunlight; what sort of fence must surround a pool; what arrangement of bathrooms must be provided; what sorts of diving boards can be installed; when a lifeguard must be used; and, what sort of filtration system must be used. Consequently, there are a number of issues that must be considered when an accident in a public swimming pool happens.

Determining Fault – Parental Mistake or Public Pool Negligence?

In some cases, especially those that involve slides or slips and falls on the pavement, parents may mistakenly believe it was their child’s fault for not taking proper precautions when using a slide or running to jump into the pool. However, depending on the situation, the fault may lie with the public pool. For example, was the water slide properly functioning? Were there any malfunctioning jet sprays that left part of the slide dry? Was the curvature of the slide up to code? And, were any warning signs posted prohibiting running or jumping into the pool? Was a lifeguard on duty?

Investigating Pool Accidents

Typically, when an injury happens in a public pool that does not involve drowning or a diving accident, it’s unlikely pool operators or authorities will conduct an investigation. Here, it’s important to consult an experienced personal injury attorney who can conduct an investigation to determine if any codes or regulations were violated. For example, depending on the nature of a pool accident, request of maintenance documents, inspection schedules, or lifeguard qualifications can shed light on why an accident happened.

Contact Wilmington Delaware Pool Accident Attorney Michael Hood Today

If you’ve been injured in a pool accident, contact Wilmington swimming pool injury attorney Michael Hood today to schedule an appointment and discuss your case. We can take preliminary steps to ensure an investigation is initiated to protect and preserve evidence and hold negligent pool operators liable for injuries they cause. You can also call our office to schedule a free initial confidential consultation at (302) 777-1000.

Summertime and Roller Coaster Safety

A new roller coaster called the Thunderbolt is about to start thrilling men, women, and children come this July. The coaster is expected to reach speeds of up to 65 mph, and will include 2000 feet of track.

The ride will have a 125-foot drop, a 90-degree vertical drop, a 100-foot loop, a zero-gravity roll, corkscrew turns, and many dives and backward loops all in about two minutes’ time.

The new coaster will be replacing an old Thunderbolt coaster that was located near the same spot. Woody Allen helped make the old Thunderbolt a star by featuring it in his film, “Annie Hall.” Sadly, the old Thunderbolt was torn down in order to create space for the Mets’ minor league baseball team, the Brooklyn Cyclones.

Roller Coaster and Amusement Park Accidents

Accidents on roller coasters are rare, but they do occur. In the past year, at the Blue Streak roller coaster in Pennsylvania, two people were injured. It seems that the riders had lowered their heads to block their faces from the rain, but their heads hit the lap bar when they hit a bump in the track.

In another accident, this one in an Austrian amusement park, a ride operator was seriously injured after trying to retrieve a hat for a guest who had lost it. The worker made a bad decision to climb over the rail barriers and was hit by an oncoming roller coaster car.

Officials of the new Thunderbolt are taking every precaution to keep riders safe. They have also offered an online virtual ride for those who can’t wait to experience the Coney Island Thunderbolt.

Contact Delaware Personal Injury Attorney Michael J. Hood

If you were injured in an amusement park accident or any other type of accident caused by another person’s or organization’s careless or reckless actions, you may have cause to file a personal injury claim to pay for your medical treatment and other accident related damages. To learn more about your rights, contact the law office of Michael J. Hood. We offer a free initial consultation to every client. To set up a meeting, contact us online or call our office at (302) 777-1000.