Statute of Limitations in PA for Sexual Abuse Cases

PA Statute of Limitations for Sexual Abuse Cases

Continued Attack on Rights of Malpractice Victims

Malpractice Victims Rights Under Attack

Surgical Mistakes More Frequent

surgical, mistake, wrong area of body, malpractice

Avoiding Hospital Mistakes

CNN Health has published an article about Avoiding Hospital Mistakes.  The moral of the story is patient's need to be pro-active in their treatment and discussions with health care providers.  If patient's have questions, they neeed to be asked and fully answered.

Wrongful Death Survival

I have authored an article on Pennsylvania Wronful Death and Survival Lawsuits.

5 Year Old Girl Seriously Injured by Dog Attack

A 5 year old girl was tragically seriously injured when she was attacked by a dog while at a farm.  The dog had a prior history of attacks and had been declared a "Dangerous Dog" under Pennsylvania Law.  3 P.S. § 502-A required that the dog be confined or muzzled on a leash.

Mistreatment of Veterans for Prostate Cancer in VA Hospital

The New York Times is reporting that many veterans were mistreated for prostate cancer in VA hospitals, including Philadelphia.  The report indicates that the prescribed radiation therapy was often given in incorrect amounts leading to radiation damage or insufficient radiation.

Company Indicted for Illegally Testing Bone Cement on Patients

A Swiss Company in West Chester was indicted for illegally testing bone cement in patients.  Norian XR was approved for use in bone but not the spine.  It is alleged that the company attempted to circumvent the FDA  by illegally testing the cement on about 200 people, three of whom died.

5 Million Dollar Tylenol Product Liability Verdict Reversed

The Pennsylvania Superior Court reversed a 5 million dollar verdict involving the death of a young child from an overdose of Tylenol.  The Superior Court found that the jury verdict was contradicted by the evidence.

Medical Malpractice Claim for Sexual Relations with a Patient

The Pennsylvania Superior Court has ruled that a General practice Physician can face a medical malpractice claim if they are providing psychologic services to a patient and they have sexual relations with that patient.

Philadelphia Passes Hand Held Cell Phone Ban

In response to car accidents, Philadelphia has passed a law banning the use of hand held cell phones while driving.

Philadelphia Passes Hand Held Cell Phone Ban

In response to car accidents, Philadelphia has passed a law banning the use of hand held cell phones while driving.

16 Injured in Philadelphia Bus Accident

16 people were injured when a SEPTA bus collided with a minivan that ran a red light.  Reports indicate that the driver of the minivan was talking on a cell phone.

Malpractice Lawsuits Decrease

Malpractice lawsuits in Pennsylvania have dropped approximately 41% since the early 2000's.  This report is further evidence that the "medical malpractice crisis" does not exist.

Truck Owner Headed to Trial for Fatal Accident

The truck owner and driver as well as the owner of a garage where inspection stickers were allegedly purchased are heading to trial on charges stemming from the January 23, 2009 Schuylkill Expressway accident that killed a driver when the truck's brakes failed.

State Claims for Injuries from Medications not Preempted by Federal Law - Wyeth v. Levine

The United States Supreme Court in Wyeth v. Levine ruled that state tort law claims for injuries caused by medications were not preempted by Federal Law.  In essence, the drug companies argued that since they received FDA approval for the drugs, injured people could not file a state law claim alleging they were injured by a defective drug.  The Supreme Court disagreed.  This is a major victory for people injured by dangerous or defective drugs.

Pennsylvania Supreme Court Ruling for Statute of Limitations in Medical Malpractice Case

The Pennsylvania Supreme Court in Wison v El-Daief, et. al. reversed the trial court Order granting summary judgment based on Statute of Limitations defense.  The Statute of Limitations in Pennsylvania for an adult is two years from the date of the alleged negligence.  An exception to the two year time frame is called the Discovery Rule that essentially provides that the two year statute of limitations period begins to run when an injured party discovers or through the exercise of reasonable diligence should have discovered an injury and its cause.  The Wilson Court reiterated the standard that it is a question for a jury to determine when an injured party discovered or should have discovered the injury and its cause.  If a patient suspects that they have been injured by a physician or other health care provider, they need to diligently pursue a diagnosis of their injury and its cause.  That investigation should include second opinions from physicians and talking to a medical malpractice lawyer.

Pennsylvania Peer Review Protection Act

I am often asked questions about finding information about the quality of physicians.  I usually tell people that it is difficult to find public information in large part due to the Peer Review Protection Act.  I have written an article that highlights the problem.

Luzerne County Judges Indicted

Two Luzerne County judges have been indicted and agreed to plead guilty to charges that they received kickbacks from a juvenile detention facility in exchange for placing juveniles in the facility.  This investigation is sure to lead to multiple civil rights claims being filed on behalf of the juveniles that were illegally detained.

UNDERINSURED VS. UNINSURED CLAIMS IN PENNSYLVANIA

I have just written an article describing underinsured and uninsured automobile accident claims in Pennsylvania.

Stella Awards E-Mail

I am sure many have received an email titled "Stella Awards" that claims to be a list of outrageous recoveries in frivolous lawsuits.  The content of the e-mail is plainly false.  No such recoveries exist.  A review of snopes verifies this.  This email is yet another attempt by the anti-consumer pro tort reform groups to mislead the public.

Schuylkyill Expressway Fatal Accident

A tractor trailer rear ended a car killing one person and seriously injuring another on the Schuylkill Expressway.  Police believe that the truck driver may not have seen the stopped traffic due to sun glare on the Conshohocken Curve.

Medicare Subrogation

I have just added an FAQ regarding repaying Medicare out of any recovery for medical expenses paid by Medicare due to the fault of another.  It is very important to account for Medicare payments because the injured party and the attorney are liable to reimburse Medicare and the amount of the repayment obviously impacts the net amount of recovery.

Selecting a Jury in a Philadelphia Medical Malpractice Case

I have written an article that details how a jury is selected in a Philadelphia medical malpractice case. 

Three-Vehicle Crash In East Pikeland, PA, Results in Serious Injuries

Two cars and a motorcycle were involved in a crash along Route 113 in East Pikeland, PA, on Saturday, November 10, according to The Mercury. The accident took place between Firehouse Lane and Coldstream Road a few minutes after 9:30 p.m.

The East Pikeland Police Department, Kimberton Fire Company, West End Ambulance, Spring-Ford Rescue Squad, and Humane of Royersford Ambulance all responded to the call.

The two drivers of the cars suffered non-life-threatening injuries, while the motorcycle rider was extracted from the crash by emergency workers and airlifted to the Hospital of the University of Pennsylvania (HUP).

Fire Company Assistant Chief Al Kritzberger said, "We assisted in the extrication and the victim was placed in an ambulance to be airlifted,"

The fire department crews then cleared and towed the vehicles at the scene of the accident. The road was cleared of the multiple vehicle wreck by 2 a.m. The cause of the accident is still under investigation.