Practice Areas
Blog 
Medical Malpractice
- Selecting a Jury in a Philadelphia Medical Malpractice Case
- Medical Malpractice Forms & Consent Forms In Pennsylvania
- October Library Items: A Focus on Medical Malpractice
- Evaluating a Cerebral Palsy Malpractice Case
- Pittsburgh Jury Awards $0 Survival Damages
Car Accident
- Three-Vehicle Crash In East Pikeland, PA, Results in Serious Injuries
- What Does the New TACT Initiative Mean to You?
- August Library Items: A Focus on Driving Safely In Pennsylvania
- Punitive Damages Discovery
Defective Products
- A Focus On Defective Household Products
- Pennsylvania Supreme Court Case May Change Product Liability Laws
Slip and Fall/Premises Liability
Latest News
- Pennsylvania State Trooper Crack Down On I-81 Traffic Violations To Prevent Car Accidents...
- November Product Recalls In Pennsylvania – Defective Products That May Cause Serious Injury...
- Lackawanna County Jury Awards $20.5 million for Medical Malpractice Verdict...
- Norristown Teen Admits Hit-And-Run Involving Toddler In Montgomery County PA...
- Freak Truck And Car Accident Kills Woman on Route 22 in Lehigh County...
Library
Medical Malpractice
- Pennsylvania Cerebral Palsy Medical Malpractice Case Evaluations
- Erb’s Palsy And Medical Malpractice
- What Is Considered A Failure To Diagnose?
- What is the Statute of Limitations for Medical Malpractice Suits in Pennsylvania?
- Selecting a Jury in a Philadelphia Medical Malpractice Case
Car Accident
- Seat Belt Safety Tips To Reduce Car Accident Injuries
- Pennsylvania Car Accident Safety Tips: Taking Precautions And Saving Lives
- What Steps Do You Take Directly After A Car Accident?
Defective Products
- New Study Shows Unstable TV, Furniture, and Appliances Can Be Unseen Dangers in the Home
- What Should You Do If You Are Injured By A Defective Product?
- Nursery Safety Tips -- September is Baby Safety Month
Slip and Fall/Premises Liability
Steven F. Reilly Blog
Car Accident
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.
What Does the New TACT Initiative Mean to You?
Starting on October 1, the Pennsylvania Police Department and the Pennsylvania Department of Transportation will be implementing a new Ticket Aggressive Cars and Trucks Initiative (TACT). TACT will target and punish unsafe drivers along a 33-mile stretch of Interstate 81 highway between Cumberland County and Dauphin County in hopes of reducing the number of car and truck accidents that have been seen along this road.The program will include highway billboards and brochures to increase driver knowledge of sharing the roads with trucks in addition to a greater police presence in the area, such as marked squad cars, unmarked squad cars, and airplanes.
What does the TACT initiative mean for you?
In general, it means that to avoid an expensive ticket and higher insurance costs, you should drive more carefully along I-81 and around commercial trucks. You shouldn't receive a ticket if you
- Avoid speeding, regardless of how fast the flow of traffic is around you
- Avoid risky lane changes and use your turn signals
- Don't follow too closely, especially when behind a big rig or truck
- Drive defensively and be aware of the vehicles around you
If you are unfamiliar with how to share the road with trucks, educate yourself on their dangers. Remember that they have large blind spots due to the length of their vehicles and may not see you beside or behind them. Remember that they weigh much more and are harder to slow down or turn.
Although more police on the roads might annoy drivers, please remember that they are saving lives, preventing injuries, and protecting you. This TACT initiative may save the life of you or someone you love - and you may never realize it. Hopefully, it will help keep dangerous drivers in check and law-breaking trucks off of our roads.
August Library Items: A Focus on Driving Safely In Pennsylvania
What makes a safe driver? Someone who simply abides by the laws of the road? Someone who takes extra measures to drive defensively and buckle up? Someone who is prepared in the event of a car, truck, or motorcycle accident?The answer is, simply, all of the above. Although Pennsylvania road accident rates have been dropping we have a long way to go before everyone is doing all they can to protect themselves and others on the highways and interstates - from rural roads to the crowded streets of Philadelphia.
Look at some headlines in Pennsylvania, just from this week:
- One-Car Crash Kills Driver On Turnpike (NBC News Channell 10)
- PA man To Be Tried In Crash That Killed Driver (York Daily Record)
- Two Injured, Including Pennsylvania State Trooper, In Crash (Scranton Times-Tribune)
This month, our library items focus on what you can do every day to prevent and prepare for accidents like these. Take a moment to learn how to take the first steps, and then share what you've learned with your loved ones:
- Seat Belt Safety in Pennsylvania: Reducing Injuries in Car and Truck Accidents
- Pennsylvania Car Accident Safety Tips: Taking Precautions And Saving Lives
- What Steps Do You Take Directly After A Car Accident?
Punitive Damages Discovery
Federal District Judge James M. Munley in the case of Grosek v. Panther transportation, Inc. has ruled that discovery regarding the financial condition of a defendnat for a claim of punitive damages is permissible.In so holding the Judge noted, "it is inefficient to somehow delay discovery on the amount of punitive damages available until after a factual determination on the availabilty of such damages can be made."
Judge Munley held that once plaintiffs had properly stated a claim for punitive damages "discovery on the amount of the damages is relevant." Punitive damages are based on the concept that a defendant should be punished financially because of reckless or outrageous conduct. This is a significant decision in that often times defendants will argue that discovery regarding their financial condition and ability to pay punitive damages is not allowed until there has been a finding that punitive damages should be awarded.
Defective Products
- What you need to know about unstable furniture and appliances
- What you should do in the minutes and days after a consumer product injury
- What you can do to keep your baby safe in your own home and nursery
A Focus On Defective Household Products
There are many things protecting us from defective products: state and federal regulations, company testing, and good old common sense. But more often than we'd like to see, defective products enter our home and injure someone we love. At this law firm, we like to think that we are the last defense again defective products - that product liability cases keep companies on their toes and ensure that safety laws are upheld. Even more than that, they make certain that no other person will be injured or killed by the product in question.What are defective products, and how do we protect our families from them? What do we do if we are injured by a product? How can we shield our babies and toddlers from harm? This month, we have focused our library items on these frequently asked product liability and defective product questions.
For more information on keeping up to date about the defective product recalls in your area, visit the United States Consumer Product Safety Commission (CPSC)
As always, if you have been injured by a defective product in your home, call us today for a free consultation regarding the details of your case. You may also learn more about our product liability practice by visiting our defective product homepage.
Pennsylvania Supreme Court Case May Change Product Liability Laws
Periodically, a case comes before the state supreme court that gives justices the opportunity to significantly change how a Pennsylvania law is interpreted. Such an event is before us now, in relation to product liability law and how courts across PA determine whether or not a manufacturer is responsible for their defective products.The case before the courts currently is Bugosh v. I.U. North America, in which a victim was allegedly injured by products containing asbestos. But what is really on trial is Pennsylvania's historically rigid stance on defective products that better protect victims injured in such cases. If the outcome of the case is in favor of the defendant, it may set a precedent that will help big business manufacturers and retailers in product liability cases instead of helping those hurt by products.
Under the newly proposed standard, plaintiffs may be required to prove that manufacturers or retailers acted unreasonably or negligently while designing the product or by providing inadequate warnings and instructions. In the past, plaintiff simply had to convince the jury and judge that the product had a defect, that the defective product caused the injury, and that the defect existed when the product left the factory.
You may read more about this important case and its possible consequences here:
- K&L Gates: "Products-liability: Pennsylvania Supreme Court Ponders Changing the Standard for Deciding if a Product Is Defective"
- PointOfLaw.com: "Pennsylvania: retreat from strict product liability urged"
- Legal Intelligencer Blog: "Pa. Supreme Court May Import Negligence Concepts Into Products Liability Law"
- LexisNexis Legal News & Litigation Report: "Supplier Argues Pennsylvania Asbestos Claim Governed By 3rd Restatement Of Torts"
Medical Malpractice
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.Labels:
Medical Malpractice Forms & Consent Forms In Pennsylvania
During their initial consultations, a good number of our clients ask us if they have waived their rights because they signed a consent form before a procedure or operation.To that we have to say loudly and clearly, NO. Although consent forms have you acknowledge that whatever medical procedure you might have comes with inherent risks and dangers, it does not give anyone permission to harm you, make unwise decisions, or act negligently while you are under their care.
Here's an example: if you go in to have a complicated heart surgery, the physician will have you sign a consent form that clearly states that you understand that even with the best doctors on earth, heart surgeries are dangerous and that some people will be injured or even not make it out. The consent form acts to protect the physician from getting sued by those who might claim that they did not realize that heart surgery came with inherent dangers even under the best conditions.
More simply, if you were to be injured during the operation not due to negligence, but due to the complexities of the surgery itself, you could not file a medical malpractice suit.
However, if a doctor or anesthesiologist acted in a negligent manner during the operation, you still have every right to file a medical malpractice suit - no matter what papers you signed beforehand. Negligence, especially in the arena of health care, is unacceptable under any circumstances.
October Library Items: A Focus on Medical Malpractice
We grow up learning to trust our doctors. They've trained for years in medical schools. They've consistently been at the top of their class. They know so much about medicine that we simply don't.However, doctors are not perfect, and just like in all other areas of life, some of them are incompetent. Just because they wear a white lab coat and have a stethoscope around their neck does not mean that they will always, without fail, give you the best care that you need. In fact, a Harvard University study estimated that medical malpractice mistakes account for 234,000 injuries and 80,000 deaths per year in this country alone.
Some instances of medical malpractice happen in the ER. Some happen in the delivery room. Still others happen in surgery. Some even happen in small family practice offices around the country, where family practitioners misdiagnose or fail to diagnose serious illnesses like cancer, diabetes, and meningitis.
The best advice we can give you is to be vigilant. Look after your families. Get second opinions. Trust your gut. And if you or a loved one is found in a situation where you suspect medical malpractice, immediately seek experienced legal counsel in the matter.
To educate you further, we've focused our Library Items this month on issues related to medical malpractice. Read them and share them with your friends and family:
- Erb's Palsy And Medical Malpractice
- What Is Considered A Failure To Diagnose?
- What is the Statute of Limitations for Medical Malpractice Suits in Pennsylvania?
Evaluating a Cerebral Palsy Malpractice Case
I am often asked by Pennsylvanian parents of an injured baby, "How do I know if I have a case of medical malpractice?" I have published an article, Evaluating a Cerebral Palsy Medical Malpractice Case, that summarizes and highlights information that I analyze to determine if I believe that malpractice was committed causing cerebral palsy or other brain injury.Pittsburgh Jury Awards $0 Survival Damages
In an odd twist, a Pittsburgh jury in a medical malpractice case found that a hospital was negligent and that the negligence caused the death of a 24-year-old man. The jury awarded $2,500,000.00 under the wrongful death claim but awarded 0 dollars under the survival claim. Damages under the survival act include lost earning capacity and experts testified that the lost earning capacity for the 24 year old was between $4,000,000.00 and $15,000,000.00. The attorney for the plaintiff has filed an appeal. This case certainly reinforces the point that you can never be sure about the thought process of a jury.Slip and Fall/Premises Liability
- Was Carelessness A Factor In Your Pennsylvania Slip And Fall?
- Who Is At Fault For My Slip And Fall Injury?
- Pennsylvania Elderly Slip and Fall Prevent Tips
November Library Items: A Focus On Slip And Fall Accidents in Pennsylvania
Slip and falls happen every day, all over the country, to people of all ages and in all occupations. According to the Bureau of Labor Statistics and the National Safety Council, slips and falls are second most common cause of accidental injury and death, next to car accidents, and over one million Americans slip and fall each year. All in all, 17,000 people in the United States die from a slip or fall each year.This month, we took a closer look at how you can prevent slips and fall - especially for those over 65 - as well as how to determine who was at fault in regards to your slip and fall incident. Although we only discuss general guidelines of how to approach slip and fall cases, this information ship be helpful in your decision to contact an attorney to discuss your possible case.
Quick Contact
Steven F. Reilly, PC
509 Swede Street
Norristown, PA 19401
Phone: (610) 272-7075
Fax: (610) 272-5729
FAQs
Medical Malpractice
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Car Accident
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Defective Products
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Slip and Fall/Premises Liability
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