Attorney Blog http://www.reillylawpc.com/blog/ en-us 2008 Steven F. Reilly, PC, All Rights Reserved, Reproduced with Permission http://www.reillylawpc.com/blog/ Tue, 18 Nov 2008 20:24:46 EST Attorney Blog http://www.reillylawpc.com/images/logoprint.gif http://www.reillylawpc.com/blog/ Medical Malpractice Forms & Consent Forms In Pennsylvania 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.

]]> http://www.reillylawpc.com/blog/medical-malpractice-forms-consent-forms-in-pennsylvania.cfm http://www.reillylawpc.com/blog/medical-malpractice-forms-consent-forms-in-pennsylvania.cfm tom@fosterwebmarketing.com Wed, 29 Oct 2008 08:00:00 EST October Library Items: A Focus on Medical Malpractice
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:




]]> http://www.reillylawpc.com/blog/october-library-items-a-focus-on-medical-malpractice.cfm http://www.reillylawpc.com/blog/october-library-items-a-focus-on-medical-malpractice.cfm tom@fosterwebmarketing.com Wed, 29 Oct 2008 08:00:00 EST A Focus On Defective Household Products 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.

]]> http://www.reillylawpc.com/blog/a-focus-on-defective-household-products.cfm http://www.reillylawpc.com/blog/a-focus-on-defective-household-products.cfm tom@fosterwebmarketing.com Wed, 01 Oct 2008 08:00:00 EST What Does the New TACT Initiative Mean to You? 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.

]]> http://www.reillylawpc.com/blog/what-does-the-new-tact-initiative-mean-to-you.cfm http://www.reillylawpc.com/blog/what-does-the-new-tact-initiative-mean-to-you.cfm tom@fosterwebmarketing.com Tue, 30 Sep 2008 08:00:00 EST Evaluating a Cerebral Palsy Malpractice Case 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.]]> http://www.reillylawpc.com/blog/evaluating-a-cerebral-palsy-malpractice-case.cfm http://www.reillylawpc.com/blog/evaluating-a-cerebral-palsy-malpractice-case.cfm tom@fosterwebmarketing.com Fri, 19 Sep 2008 08:00:00 EST August Library Items: A Focus on Driving Safely In Pennsylvania
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:




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:




]]> http://www.reillylawpc.com/blog/august-library-items-a-focus-on-driving-safely-in-pennsylvania.cfm http://www.reillylawpc.com/blog/august-library-items-a-focus-on-driving-safely-in-pennsylvania.cfm tom@fosterwebmarketing.com Fri, 29 Aug 2008 08:00:00 EST Pennsylvania Supreme Court Case May Change Product Liability Laws 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:




]]> http://www.reillylawpc.com/blog/pennsylvania-supreme-court-case-may-change-product-liability-laws.cfm http://www.reillylawpc.com/blog/pennsylvania-supreme-court-case-may-change-product-liability-laws.cfm tom@fosterwebmarketing.com Tue, 26 Aug 2008 08:00:00 EST 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.]]> http://www.reillylawpc.com/blog/punitive-damages-discovery.cfm http://www.reillylawpc.com/blog/punitive-damages-discovery.cfm tom@fosterwebmarketing.com Thu, 31 Jul 2008 08:00:00 EST Pittsburgh Jury Awards $0 Survival Damages 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.]]> http://www.reillylawpc.com/blog/pittsburgh-jury-awards-0-survival-damages.cfm http://www.reillylawpc.com/blog/pittsburgh-jury-awards-0-survival-damages.cfm tom@fosterwebmarketing.com Wed, 23 Jul 2008 08:00:00 EST