http://www.reillylawpc.com/blog/ en-us 2009 Steven F. Reilly, PC, All Rights Reserved, Reproduced with Permission http://www.reillylawpc.com/blog/ Tue, 06 Jan 2009 23:58:59 EST http://www.reillylawpc.com/images/logoprint.gif http://www.reillylawpc.com/blog/ article that details how a jury is selected in a Philadelphia medical malpractice case. ]]> http://www.reillylawpc.com/blog/selecting-a-jury-in-a-philadelphia-medical-malpractice-case.cfm http://www.reillylawpc.com/blog/selecting-a-jury-in-a-philadelphia-medical-malpractice-case.cfm sreilly@reillylawpc.com; reillylawoffices@comcast.net Wed, 17 Dec 2008 08:00:00 EST 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.

]]> http://www.reillylawpc.com/blog/threevehicle-crash-in-east-pikeland-pa-results-in-serious-injuries.cfm http://www.reillylawpc.com/blog/threevehicle-crash-in-east-pikeland-pa-results-in-serious-injuries.cfm sreilly@reillylawpc.com; reillylawoffices@comcast.net Tue, 02 Dec 2008 08:00:00 EST 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.

• 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

]]> http://www.reillylawpc.com/blog/november-library-items-a-focus-on-slip-and-fall-accidents-in-pennsylvania.cfm http://www.reillylawpc.com/blog/november-library-items-a-focus-on-slip-and-fall-accidents-in-pennsylvania.cfm sreilly@reillylawpc.com; reillylawoffices@comcast.net Tue, 02 Dec 2008 08:00:00 EST 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 sreilly@reillylawpc.com; reillylawoffices@comcast.net Wed, 29 Oct 2008 08:00:00 EST
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?

]]> 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 sreilly@reillylawpc.com; reillylawoffices@comcast.net Wed, 29 Oct 2008 08:00:00 EST 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.

• 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

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 sreilly@reillylawpc.com; reillylawoffices@comcast.net Wed, 01 Oct 2008 08:00:00 EST 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 sreilly@reillylawpc.com; reillylawoffices@comcast.net Tue, 30 Sep 2008 08:00:00 EST 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 sreilly@reillylawpc.com; reillylawoffices@comcast.net Fri, 19 Sep 2008 08:00:00 EST
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?

]]> 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 sreilly@reillylawpc.com; reillylawoffices@comcast.net Fri, 29 Aug 2008 08:00:00 EST 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"

]]> 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 sreilly@reillylawpc.com; reillylawoffices@comcast.net Tue, 26 Aug 2008 08:00:00 EST 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 sreilly@reillylawpc.com; reillylawoffices@comcast.net Thu, 31 Jul 2008 08:00:00 EST 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 sreilly@reillylawpc.com; reillylawoffices@comcast.net Wed, 23 Jul 2008 08:00:00 EST
    Clients are often confused  about the process of selecting a jury for a trial in Philadelphia County.  The process though appearing to be confusing at first is fairly straight forward.  To begin, virtually all medical malpractice cases require the selection of fourteen (14) jurors consisting of twelve (12) jurors and two (2) alternate jurors.  The two (2) alternates would serve as a replacement to any juror who was dismissed.
    Generally, a panel of forty (40) prospective jurors is brought to the court room and each person is assigned a number from 1-40.  Prior to arriving in the courtroom the prospective jurors fill out a two (2) page form asking for some basic information (name, occupation, and section of the city from which the prospective juror resides).  Additionally, the form asks several questions about prior jury service, involvement in a lawsuit or whether the juror would have difficulty following the Court's instructions.  After the attorneys review the forms each attorney will ask the entire panel some general questions to determine whether anyone knows any of the parties or witnesses to the case.
    After the general questions are asked the attorneys are moved to a private room not in open court where they get to ask follow-up questions to the prospective jurors individually.  The questions are designed to determine whether a prospective juror can be fair and impartial.  For example, in a medical malpractice case it is important to determine whether prospective jurors have any pre-conceived notions either for or against the medical provider.  In the current environment where physicians and hospitals frequently distribute propaganda about the Medical Malpractice Crisis it is important to determine whether a prospective juror had received such information and if so would it affect their ability to be fair.
    If it appears that a person could not be fair or could not sit on the jury to due to medical, employment  or hardship reason then the prospective juror may be stricken from the panel for cause.  The goal of the questioning process is to get the panel down to first twenty- two (22) prospective jurors.  Once the panel is at twenty -two (22) the process is almost complete.  From the twenty- two (22) the plaintiff must strike (remove) four panel members and the defense must strike (remove) four (4) panel members (in the case of multiple defendants, the defendants share the strikes).  The process of striking the last eight (8) panel members is called preemptory challenges.  The plaintiff uses the first preemptory strike then the defendant uses a strike and the process continues to alternate until the panel is down to fourteen (14).  In numerical order the first twelve (12) are the jurors and the last two (2) are the alternates.  The jury is then sworn in and the trial begins.
        If you or a friend or relative would like to discuss a potential malpractice claim please feel free to contact Steven Reilly at 610-272-7075 or sreilly@reillylawpc.com.  The consultation and investigation are at no cost to the client and I only take a fee (a percentage of the recovery) if there is a recovery.  Please feel free to call or contact me with any questions.
]]> http://www.reillylawpc.com/library/selecting-a-jury-in-a-phladelphia-medical-malpractice-case.cfm http://www.reillylawpc.com/library/selecting-a-jury-in-a-phladelphia-medical-malpractice-case.cfm sreilly@reillylawpc.com; reillylawoffices@comcast.net Wed, 17 Dec 2008 08:00:00 EST slip and fall on yourself before thinking that someone else might be responsible for your serious injury. However, in Pennsylvania law, there are specific ways of determine if your slip and fall injury was due to your own carelessness or due to the negligence of the property owner themselves.

If you have been involved in a slip and fall that resulted in a serious injury, you can ask yourself the following questions:

· Would a careful person have been paying attention at the time of your fall?

· Would another person have realized that the surface was slippery and walked more carefully so as to avoid a slip or trip?

· Would another person have noticed the spill or slick surface and stepped around it?

· Were you involved in an activity that made slipping or tripping more likely, such as running, roughhousing, or jumping?

· Were you distracted by something else at the time, such as another person, a cell phone call, or your child?

· Were there warning signs that the area you were entering was dangerous, or that there was a spill or wet spot?

· Were you in an area of the property where customers or visitors were allowed or welcomed?

· Did you have a good reason to be in the area of the property where you fell, and could the owner anticipate that visitors would be in that area?


It is often not difficult for experienced lawyers to prove that a slip and fall victim was not careless at the time of their accident, and even if you were careless to some extent, it does not mean that the property owner was also not negligent. In these cases, you may simply receive a smaller compensation if both the property owner and you were partially responsible for the accident.

These cases are rarely clear-cut, and slip and fall cases are often much more complex than injury victims guess. If you have been involved in a slip and fall and are seeking monetary compensation for your injuries, call us today for a no-obligation, confidential consultation.

]]> http://www.reillylawpc.com/library/was-carelessness-a-factor-in-your-pennsylvania-slip-and-fall.cfm http://www.reillylawpc.com/library/was-carelessness-a-factor-in-your-pennsylvania-slip-and-fall.cfm sreilly@reillylawpc.com; reillylawoffices@comcast.net Tue, 02 Dec 2008 08:00:00 EST slip and fall injury, it is perfectly normal to blame your accident on clumsiness, inattention, your own carelessness. You should have been looking where you were going. You should have seen the broken step. You should have known the ice was slippery. However, it is important to remember that the owners of the property where you fell or were injured have a legal responsibility to keep their area safe and obstacle-free for their visitors. It's normal to trip and fall on occasion - it is not normal for property owners to put others in danger.

Even though you should have seen the broken step, the step should have been fixed by your landlord. Even though you should have been looking where you were going, the store owner should have cleaned up that spill or else put a sign near it to alert customers. Even though you should have known the ice was slippery, the owner of the sidewalk where you tripped should have shoveled the snow before it turned to ice.

In many cases, a slip and fall isn't your fault - the property owner my be liable and could owe you compensation for your medical expenses as well as your pain and suffering.

If the owner caused the reason that you fell - if they caused the spill, the broken railing, the wet floors, or the obstacle - then they could be liable for your fall. Alternatively, if they knew about the danger but not acted to fix it or warn others about it, then they could be liable for your fall. Finally, if they should have known about the problem on the premises because a reasonable owner would have, then they could be liable for your fall. In the last case, if you tripped on a loose piece of carpet that should have been spotted during regular cleanings or inspections, you may have a case.

For more information on whether or not you may have a slip and fall personal injury case, you should immediately contact us for a free, no-obligation consultation.

]]> http://www.reillylawpc.com/library/who-is-at-fault-for-my-slip-and-fall-injury-in-pennsylvania.cfm http://www.reillylawpc.com/library/who-is-at-fault-for-my-slip-and-fall-injury-in-pennsylvania.cfm sreilly@reillylawpc.com; reillylawoffices@comcast.net Tue, 02 Dec 2008 08:00:00 EST Slips and falls are more common than you might think, and suffering a serious injury as a consequence happens tens of thousands of times a year. Those over 65 are especially prone to both slips and falls and to more serious injuries from their slips and falls. There are a few reasons for these higher numbers - older people may have more trouble walking and keeping their balance; older people may have more trouble seeing obstacles; older people may have more fragile bones.

But despite these obstacles, there are a number of ways that senior citizens can prevent slips and falls.

· First and foremost, understand that almost half of slip and fall accidents happen in your own home. The best prevention measure you can take is fall-proofing your house with non-slip surfaces in your bathtub and on your stairs; grab handles installed on your bath; railings installed near stairs, and loose carpets and rugs tamped down. Also be sure not to leave cutter and obstacles on the floor.

· Wear sturdy shoes with traction, both indoors and out. The main thing that prevents falls is traction between the soles of your shoes and the floor. Avoid shoes with smooth or slick soles. Avoid high heels. Avoid shoes that are too big, clunky, or stiff.

· Exercise regularly. Weight training and cardio, even if it is simply walking and light lifting, will keep your bones strong, your muscles in order, and your overall coordination up. Even if someone who exercises regularly does fall, they are less likely to hurt themselves seriously.

· Visit your doctor often. Your doctor can make sure that you are good health, that you can see well, and that you are on the proper medications in the right doses. Seeing well will prevent you from missing obstacles or not seeing steps, while being on the correct medication will help your balance and alertness.


Always note that all slips and falls cannot be prevented - in many cases, slips and falls are simply caused by the negligence of someone else, such as a storeowner or landlord. If you think you have been injured and it was not your fault, contact a specialized, experienced attorney today to review your case.

]]> http://www.reillylawpc.com/library/pennsylvania-elderly-slip-and-fall-prevent-tips.cfm http://www.reillylawpc.com/library/pennsylvania-elderly-slip-and-fall-prevent-tips.cfm sreilly@reillylawpc.com; reillylawoffices@comcast.net Tue, 02 Dec 2008 08:00:00 EST statute of limitations is how much time can pass after an incident or accident before you can no longer file a lawsuit. Although most states have statute of limitation rules, they vary greatly from state to state.

In Pennsylvania, medical malpractice actions must be brought within two years of the time of the incident.

However, Pennsylvania also has a discovery rule.  The discovery rule states that the statute of limitations does not begin to run until the injured person knows or reasonably should have known that they were injured due to the fault of another. For example, if a woman had her mamogram misread in 2004, but didn't reasonably discover the mistake until she was found to have stage three cancer in 2006, her statute of limitations would begin in 2006 (the day she reasonably discovered she was misdiagnosed) and run until 2008.

It should be noted, though, that the discovery rule does not apply to wrongful death cases.

The discovery rule has one other hitch called a "statute of repose," this rule says that you only have seven years to bring claims against doctors and hospitals even with the discovery rule. Several exceptions apply to the statute of repose  including cases involving retained instruments or sponges. The statute of repose rule took effect on April 20, 2002, and can be applied only to cases that took place after that date.

These laws, however, are far from clear-cut. Many wonder what specifically begins the start of a statute of limitations period, since many medical malpractice incidents do not have concrete beginnings, especially in terms of misdiagnosis cases and failure to diagnose cases.

In general, though, there are two take home lessons from this information: if you are the victim of a medical malpractice injury, take action as soon as possible, and take action by contacting a lawyer who specializes in medical malpractice cases. As you can see from the laws above, these can be complicated matters, and we are trained to know the issues inside and out.

There are also other good reasons to act quickly: witnesses and evidence become harder to find and less compelling the more time has passed. Don't wait on your medical malpractice case.

]]> http://www.reillylawpc.com/library/what-is-the-statute-of-limitations-for-medical-malpractice-suits-in-pennsylvania.cfm http://www.reillylawpc.com/library/what-is-the-statute-of-limitations-for-medical-malpractice-suits-in-pennsylvania.cfm sreilly@reillylawpc.com; reillylawoffices@comcast.net Wed, 05 Nov 2008 08:00:00 EST medical malpractice, many times it isn't what a doctor does wrong, but what they don't do at all. In fact, according to CureResearch.com, the failure to diagnose is the most common type of medical malpractice today.

Although a failure to diagnose does not sound as terrible as a botched surgery or a misdiagnosis, it can be just as devastating and just as deadly.

A misread x-ray. A misinterpretation of symptoms. A doctor who doesn't listen closely enough. These small moments that take place in offices and hospitals around the country can be the difference between catching a disease or condition early and suffering horribly.

Here are some situations that can have life-altering and even deadly results:

• A woman with an aggressive brain tumor goes to the ER, only to be given a pamphlet on migraines.


• A college co-ed goes to a doctor with a high fever and other severe symptoms. He sends her home with flu medication, even though she is carrying a dangerous strain of meningitis and is dead within the week.


• A man with a strange and mounting number of symptoms is told that he is "simply getting old" even after multiple visits. He is not diagnosed with diabetes until he is already blind.


• A man gets a mole removed, which his doctor says he will test for malignancy. However, the test never takes place and the man is never diagnosed with the skin cancer he is suffering from.


• A young girl comes to the doctor with flu-like symptoms and a strange rash. The doctor ignores the rash and tells the girl and her parents that she just needs rest. By the time the girl is diagnosed with advanced lyme disease, her joints are ruined for life.

If you believe that you or someone you love was a victim of failure to diagnose medical malpractice, it is vital that you speak to a specialized legal representative immediately.

A doctor may not make mistakes in the operating room or in the exam room, but he may overlook important medical red flags that could save your life. Your doctor is there to keep you safe and to come to sound conclusions based on your symptoms. If this did not happen, it isn't "just a mistake," it means that your doctor didn't do his or her job. Because of it, you and your family will suffer - and lives could even be lost.

]]> http://www.reillylawpc.com/library/what-is-considered-a-failure-to-diagnose.cfm http://www.reillylawpc.com/library/what-is-considered-a-failure-to-diagnose.cfm sreilly@reillylawpc.com; reillylawoffices@comcast.net Tue, 28 Oct 2008 08:00:00 EST Erb's palsy?

Erb's palsy is nerve damage in the upper arm - an injury that is almost always occurs during birth. More specifically, it is a paralysis of the upper arm that is caused when the spinal root nerves in the upper arm are damaged. Erb's palsy is not genetic or contagious.

Erb's palsy can range from mild to severe - the most mild cases of the condition (a "partial" presentation) can heal itself in a few months, while the most severe cases ("complete" presentations) can require surgery, physical therapy, and lifelong limitations. More severe cases of Erb's palsy can lead to stunted arm growth from the shoulder to the fingertips. All victims suffering from the condition may also suffer from circulatory issues, nerve issues, and muscular issues.

Circulatory issues may mean that those affected cannot regulate the temperature in their arm or heal from other injuries property. Insufficient muscle development issues can lead to problems with daily tasks and problems with their general enjoyment of life. In some cases, patients even report damaged sensory perception in the area of their arm.

Very generally, those suffering from Erb's palsy are limited in what they are able to do and lowers quality of life.

The overwhelming cause of Erb's palsy is a difficult, unusual, or mismanaged childbirth. If infants are pulled through the birth canal incorrectly, it can lead to this condition - it can also present itself if there is more general excessive pulling on the child during labor. Many times, it is the result of the baby's shoulder getting stuck on the mother's pelvic bone without the doctor recognizing what the situation is. A doctor's inattention or lapse in judgment is often to blame.

If you think your baby has Erb's palsy and that his or her condition could have been avoided if not for your doctor or hospital's negligence, call a specialized and knowledgeable attorney immediately.

]]> http://www.reillylawpc.com/library/pennsylvania-erbs-palsy-and-medical-malpractice-information.cfm http://www.reillylawpc.com/library/pennsylvania-erbs-palsy-and-medical-malpractice-information.cfm sreilly@reillylawpc.com; reillylawoffices@comcast.net Thu, 09 Oct 2008 08:00:00 EST EVALUATING A CEREBRAL PALSY MEDICAL MALPRACTICE CASE

Parents of children born with cerebral palsy face a lifetime full of physical and emotional strain as well as the financial uncertainty of determining who is going to pay for the care that the child requires and who will take care of the child if the parents are no longer around.  Parents need to make themselves aware of the various resources available for children with cerebral palsy including  United Cerebral Palsy, Easter Seals and Federal, State and County Associations dedicated to helping children with cerebral palsy.  Additionally, many local agencies/organizations provide support groups for parents of children suffering from cerebral palsy.  Treating physicians often will be able to provide names of organizations that provide support to babies and their parents.  Another important step that parents should take is to consult an attorney who handles malpractice cases to determine whether the child’s cerebral palsy was avoidable and the result of medical malpractice (negligence).  In this article I would like to share with you how I, Steven F. Reilly a Philadelphia and Pennsylvania medical malpractice attorney evaluate a potential claim involving a child born with cerebral palsy.

SHOULD I CONSULT AN ATTORNEY?

Very often, the last thing on the minds of parents who have been told that their child has brain damage or cerebral palsy is to call an attorney.  Typically, the parents went through a very emotional and physically stressful delivery and the baby endured a long NICU admission.  The immediate concern is which physicians does my child need to see and what is the diagnosis and will my baby get better?  However, at some point it may be prudent for the parents to consult a medical malpractice attorney to evaluate whether the child’s brain injuries were avoidable and the result of medical negligence.

In determining which attorney to consult, parents should feel free to ask the attorney about his or her experience with cases involving delivery issues. Ask what the process is for determining if there is a case, how long will it typically take and what are the fees?

I have handled many cases involving delivery issues leading to brain damage both representing physicians and for the last 9 years representing the patients.  The first thing that I do when consulted is to meet with the parents and discuss the delivery and care that the baby received after the delivery.  At this point, the parents will sign a HIPAA Authorization that will allow me to obtain the records of the child as well as the mother. To evaluate the case, it is imperative that the entire records of the mother and baby, including the fetal monitor tracings be obtained.  I would like to address some of the issues that I analyze to determine if a claim exists.

FETAL MONITOR STRIPS

Fetal monitor strips look similar to an EKG and they track the baby’s heart rate in conjunction with the mother’s contraction pattern.  Fetal monitor strips are a critical piece of evidence because they track how the baby is tolerating the labor process as reflected by the heart rate and strength of the heartbeat. They are two types of monitoring that occurs, external and internal. With external monitoring a belt is placed around the mother’s abdomen and a sonar type device is attached and the baby’s heart rate and the mother’s contractions can be documented. Internal monitoring involves the placement of an electrode on the scalp of the baby to monitor heart rate and the placement of an Intra Uterine Pressure Catheter on the mother’s uterus to track contraction patterns. Internal monitoring is widely considered to be more accurate and more specific. The evaluation of the strips that I perform in conjunction with my experts is to determine whether the baby was showing signs that he/she was not tolerating the labor process appropriately such that the baby should have been delivered sooner. 

The baby’s heart rate is the best way the baby can communicate prior to delivery. There are certain fetal monitor patterns that are ominous and non-reassuring regarding the baby’s well being. Late decelerations (decelerations that occur in the baby’s heart rate after the peak of a contraction), variable decelerations (sharp, quick decelerations that make a V like pattern on the monitor strip) and decreased beat to beat variability (how strong each heartbeat is as documented by internal monitoring) are all types of patterns that need to be evaluated.

Fetal monitor strips are certainly not reviewed in a vacuum. It is important to correlate any non-reassuring patterns with the medical records to determine whether the patterns were recognized and what was done to address the situation. Often times, a nurse in the face of non-reassuring patterns will reposition the mother, apply oxygen, turn pitocin (drug used to facilitate contractions) off and increase the IV fluids.  Hospitals have deceleration policies and it is important to review those policies to determine if the nurses and or physician complied with the hospital’s policy regarding response to decelerations.

Additionally, it is important to evaluate the records to determine communication between the caregivers. Did the nurses call the physician when they should have and if so, did the physician timely respond or did they nurses fail to call the physician in a timely manner?  If the physician did respond did he/she appreciate the need for urgent delivery by cesarean section and how long did it take? There are many other aspects of the labor process that need to be evaluated including how long was each of the three stages of labor, what was the status of the amniotic fluid (low amniotic fluid may increase the chance of umbilical cord compression) and what was the mother’s condition during the labor (blood pressure, heart rate etc.)?  The evaluation of the labor process is too detailed to fully list in this article.  Each and every aspect of the care must be analyzed in conjunction with an expert physician.

DELIVERY

The evaluation continues with a review of the records of the delivery and for the time period after the delivery.  It is important to determine the position of the baby at delivery and whether any devices were used to facilitate the delivery including forceps and vacuum extractors.  Devices used to facilitate delivery that are applied to the baby’s head can cause serious damage to the baby when done inappropriately.  The condition of the baby at the time of delivery is very important.  The baby at 1, 5 and 10 minutes after birth is assigned a score called an Apgar score.  The Apgar score consists of five categories (breathing, heart rate, muscle tone, skin color and reflex irritability) each with a two point maximum 10 is the best and 0 is the worst.  Also, at birth a sample of the baby’s cord blood will be taken and can be very useful in determining if the baby was without sufficient oxygen for a time prior to birth (fetal hypoxia).  A low cord pH is indicative of fetal hypoxia.  Physicians are very wary of cord pH results and there has been a concerted effort to diminish their importance in determining if fetal hypoxia existed.  In evaluating the cord pH it is important to determine if the sample was from the vein or artery as venous blood often times will have a higher pH and be falsely normal and not reflective of the fetal hypoxia that occurred.

AFTER DELIVERY

In any case involving a brain damaged baby, physicians and hospitals will almost always blame the brain damage on a condition or event that occurred long before the delivery.  Often times, physicians will claim that the baby had some unknown inborn error of metabolism or genetic condition.  Fortunately, many hospitals in Pennsylvania are screening for metabolic disorders in newborns and these records certainly need to be reviewed to dispute any defense claim that the injury was not caused by the delivery process.

Records of the physicians that treated the baby after the delivery need to be reviewed.  Treating physicians often times are reluctant to offer the opinion that the baby’s problems are from the delivery process so it is important for the parents to be vigilant in describing the delivery process.  Often times imaging of the baby’s brain via CT Scan or MRI will demonstrate findings consistent with birth injury.   The ultimate diagnosis of cerebral palsy may not be made for several months to several years after birth depending on the area of the brain that was injured and the developmental skill associated with that area of the brain.

CONCLUSION

As can be seen from this brief summary, the analysis and pursuit of a claim involving medical malpractice causing cerebral palsy is a very complex and detailed process.  Parents should be sure to consult an attorney who handles these types of cases and who knows the medicine and the law.

In deciding whether to contact an attorney to evaluate a possible malpractice claim, parents should be mindful that the statute of limitations in Pennsylvania for a medical malpractice claim is two (2) years subject to certain limited exceptions.  However, the statute of limitations for a minor is his or her 20th birthday.  While a majority of the legally recoverable damages suffered in a cerebral palsy claim are those suffered by the baby, the parents may have a claim for expenses (medical bills etc.) as well as potentially a claim for negligent infliction of emotional distress.  The parents’ claim is subject to the two (2) year Statute of Limitations.

FREE CASE REVIEW

If you or a friend or relative would like to discuss a potential malpractice claim please feel free to contact Steven Reilly at 610-272-7075 or sreilly@reillylawpc.com.  The consultation and investigation are at no cost to the client and I only take a fee (a percentage of the recovery) if there is a recovery.  Please feel free to call or contact me with any questions.


   
]]> http://www.reillylawpc.com/library/evaluating-a-cerebral-palsy-medical-malpractice-case.cfm http://www.reillylawpc.com/library/evaluating-a-cerebral-palsy-medical-malpractice-case.cfm sreilly@reillylawpc.com; reillylawoffices@comcast.net Tue, 07 Oct 2008 08:00:00 EST
It happens every day in Pennsylvania. In fact, the United States Consumer Product Safety Commission (CPSC) issues dozens of recalls each month - recalls that often only take place after a number of people are injured or killed due to the product. These products could be as simple as a children's toy, as complex as scuba diving equipment, as big as the brakes on your car, or as small as the blood pressure pill you take each morning.

Once you find that you have a defective product in your house, what do you do? Here are some simple steps that you can follow:

1. First and foremost, see a doctor if you need medical attention. Nothing is more important than your health, and seeing medical attention at a nearby hospital may speed your recover, prevent complications, or even save your life. Seeing a doctor will also document the severity and extent of your injury.


2. Save the defective product, in the most intact form possible. It may be tempting to immediately throw out a product that has hurt you or a family member, and it may seem strange to keep a fried toaster or a choking hazard in your house. However, it will be very important to have this evidence later.


3. Take pictures of the accident scene and of any injuries you incurred - again, the more evidence you have, the better your case will hold together. For example, if your coffee maker caught fire and caused property damage, take pictures before you begin to clean up the mess.


4. Save any paperwork related to the defective product, whether you can locate manuals, the box, receipts, or the cancelled check. Again, the more information you have about the product and how you bought it, the better.


5. If there are witnesses, make sure you have their names and contact information so that they can be interviewed at a later date if necessary.


6. Report the injury to the CPSC and the company in question.


7. Persue your case soon after the event - most states have statutes of limitations.


8. Contact an experienced, knowledgeable attorney who has experience with defective product cases of your nature.   

]]> http://www.reillylawpc.com/library/what-should-you-do-if-you-are-injured-by-a-defective-product.cfm http://www.reillylawpc.com/library/what-should-you-do-if-you-are-injured-by-a-defective-product.cfm sreilly@reillylawpc.com; reillylawoffices@comcast.net Wed, 01 Oct 2008 08:00:00 EST baby is a wondrous and exciting time for new parents. You prepare the nursery, baby-proof your house, and receive baby gifts from friends and family. However, there may be a defective baby product lurking - even among your brand new toys and baby items.

In recognition of Baby Safety Month, the US Consumer Product Safety Commission has released nursery safety tips for new parents to read and review. From choking hazards to suffocation hazards to unsafe cribs, it is important for everyone who has a family to understand the dangers that surround your baby or toddler.

"Parents should be especially vigilant when preparing for a new baby," said CPSC acting Chairman Nancy Nord. "Babies represent our most precious and vulnerable population."

• Check the CPSC regularly to review a list of the recently recalled products to ensure that your baby's toys and playthings are safe.


• Know that pillows can be quite dangerous for young babies, both in their cribs and in your bed - they can lead to suffocation or entrapment. In the last 15 years, almost 600 infants have lost their lives due to pillow-related accidents.


• Old, modified, or broken cribs can be extremely dangerous for young babies - beware of broken or wide slats as well as mattresses that do not tightly fit the crib. In addition, tighten the hardware that holds your crib together regularly to ensure that spaces are not created in the sides of the crib over time.


• Don't place a crib near a window - blinds or curtains can strangle a baby and windows are generally dangerous for curious tots.


• Use toys according to the manufacturer's directions. Altering these directions could lead to an unsafe plaything that is a danger to your child.


• Anchor furniture to the wall if you are not convinced it is stable. Push your TV all the way to the back of the TV stand, and do not place enticing items on top of wobbly furniture that could be a pull down risk.


• Put outlet covers on all empty sockets to prevent electrocution.


• Use your common sense. Don't give young children toys that are small enough to choke on or that have sharp points or edges. Select toys that match the age and ability of your child!

]]> http://www.reillylawpc.com/library/nursery-safety-tips-dangerous-baby-products.cfm http://www.reillylawpc.com/library/nursery-safety-tips-dangerous-baby-products.cfm sreilly@reillylawpc.com; reillylawoffices@comcast.net Wed, 01 Oct 2008 08:00:00 EST According to the 2006 Pennsylvania Crash Facts and Statistics Report, there were almost 130,000 reported car accidents last year, causing 96,000 injuries and 1,525 deaths. All in all, people have a one in eight chance of getting into car crash each year.

What are we to do about these frightening statistics? We certainly can't just give up driving and stay home - we need to get to our jobs, buy groceries, and see loved ones. Luckily, although we can't entirely prevent all car and truck collisions, we can greatly reduce your risk of being involved in an accident with a few safety tips.

• Dive defensively. This is a timeless lesson that you've probably heard before - but there's a reason it is so popular with parents and driving instructors alike. Driving defensively can keep you alert and keep you from crashing with another aggressive driver. Don't assume someone is going to turn just because their turn signal is on. Leave an appropriate amount of space between you and the car in front of you.


• Buckle up. We can't stress enough how much this simple step can save lives - in fact, many have calculated that wearing your seat belt could save up to 9,500 lives a year across the country. Don't rely on your airbag. Don't only wear it during the day. Don't think that you are too cool for it. It could easily be the difference between life and death.


• Stay calm. Don't be an emotional driver - it can lead to bad decisions, bad driving and even road rage. Even if you find yourself in a situation involving a bad or aggressive driver on the road with you, do not escalate the situation. Call the police from your cell phone and report the bad driver, and then get out the situation you are in by stopping for a few minutes or taking a different route.


• Get your eyes checked. If you are an older driver, make sure you frequently check your vision, especially if you drive at night. If you are concerned that you may be becoming too old to safely drive in general, take friend or relative with you in the car and have them evaluate the situation. A significant number of accidents are caused by those who simply don't know that they are no longer able to operate a vehicle appropriately.


• Watch Your Teens. Teens, especially males with new licenses, are much more likely to not wear their seat belts, dive drunk, drive recklessly, and cause accidents. Although you can't watch your newly-independent teens at all times, you can lay ground rules, instate curfews, and sit down and teach your teens the importance of driving safely.

These tips may seem simple - and filled with common sense. Yet the vast majority of car crash injuries and fatalities would be prevented if we all followed them. Practice these tips yourselves each time you get into your car, and tell your loved ones about them too. Traffic accidents are decreasing every year (even as traffic increases) but there are still tens of thousands of lives we can save in 2009.

]]> http://www.reillylawpc.com/library/pennsylvania-car-accident-safety-tips-taking-precautions-and-saving-lives.cfm http://www.reillylawpc.com/library/pennsylvania-car-accident-safety-tips-taking-precautions-and-saving-lives.cfm sreilly@reillylawpc.com; reillylawoffices@comcast.net Tue, 30 Sep 2008 08:00:00 EST
In a new study published by the United States Consumer Product Safety Commission (CPSC), researchers found that tip-over injuries are one of the top five hidden home hazards for children. In fact, the report says that at least 180 tip-overs led to deaths between 2000 and 2006 and that in 2006 there was a minimum of 40 reports of television-related tip-over deaths.

The rise in tip-over deaths is somewhat related to the increasing popularity of flat screen TVs, which are often top-heavy and prone to falling over. Other tip-over deaths involve television stands, bookcases, shelves, desks, chests, dressers, and even stove or over doors.

"Tip-over related deaths continue to be a problem. These tragedies can be prevented by taking precautions," said Acting Chairman Nancy Nord in a press release put out by the CPSC this week.

The CPSC also offered some safety advice to those wishing to avoid a tip-over tragedy in their own houses.

• Affix everything that you can to a wall - many bookshelves and other furniture includes a bracket and screw that you can use to anchor heavy and unstable pieces of furniture to the wall.


• Make sure that your television is on an appropriately sturdy and large TV stand. Also, push the TV as far back as possible from the front of the stand.


• Remove tempting items from the top of TVs and furniture that may tempt a child to climb to get it - toys and remote controls should not be placed on top of the TV, for example.


• Make sure that your children do not have access to appliance electrical cords and make sure that when they are old enough they understand the implications of playing with them.


• Crawl around your house so that you can see everything from your child's perspective. See how stable your furniture is by pulling on it yourself.

Most importantly, if your child has been involved in a tip-over accident, make sure that you seek legal advice. Not only might you receive much-needed compensation for the accident, but you can also alert the manufacturer of the problem and prevent other children from getting injured in the same way.

]]> http://www.reillylawpc.com/library/new-study-shows-unstable-tv-furniture-and-appliances-can-be-unseen-dangers-in-the-home.cfm http://www.reillylawpc.com/library/new-study-shows-unstable-tv-furniture-and-appliances-can-be-unseen-dangers-in-the-home.cfm sreilly@reillylawpc.com; reillylawoffices@comcast.net Tue, 30 Sep 2008 08:00:00 EST car crashes can be overwhelming, emotional, stressful, and anxiety inducing. It is easy to forget to know what to do, to miss important pieces of information, or to want to leave the scene before you have done everything in your power to make the insurance process easier. We've put together a short step-by step guide to the handful of important steps to take if you do find yourself at she scene of an accident.

1. Before the accident happens, be prepared. Be familiar with your insurance policy and have it in your glove compartment. Carry a first aid kit in your car. Also have a pre-printed form that allows you to fill in the particulars of your accident.


2. Always stop, even if it is a parking lot fender-bender. If you feel that something suspicious is taking place, such as a traffic scam or predatory situation, drive to a crowed, well-lit place before stopping and call the police right away if you have a cell phone.


3. If someone is seriously injured, do not move them unless they are in immediate danger. Call an ambulance or 911 right away and perform any first aid that you are qualified to do. Don't be afraid to seek medical attention for smaller injuries or even if you are feeling strange but aren't sure what is wrong - it's much better to err on the side of caution.


4. If you are able, get the cars or other vehicles off of the road and safely to a shoulder. Make sure all drivers and passengers are also safely out of traffic flow.


5. Stay at the scene until you have talked to all of the drivers involved, any witnesses, and the police (if they were necessary). Sketch the accident scene and take picture with your mobile or digital camera. If you have neither, keep a small disposable camera in your glove compartment with your insurance information.


6. Exchange names, addresses, phone numbers, vehicle registrations, and insurance information with all involved. Get the names and phone numbers of witnesses. Get the name and badge number of the police officer in charge of your case so that you may find the accident report later. It's also helpful to note the license plate numbers, VIN numbers, and makes and models of the cars involved.


7. Never say the accident was your fault. Talk to a lawyer first. Don't mention if you were speeding, if you were tired, or any other details that could hurt your case before you know the particulars of the situation. If you get a ticket for the accident, it is okay to sign it. You don't plead guilty or innocent for the ticket until you appear in court later.


8. If you were injured in the accident, go in for a physical check-up with your doctor after the crash. You might also have been injured but not know it at the time.

]]> http://www.reillylawpc.com/library/what-steps-do-you-take-directly-after-a-car-accident.cfm http://www.reillylawpc.com/library/what-steps-do-you-take-directly-after-a-car-accident.cfm sreilly@reillylawpc.com; reillylawoffices@comcast.net Fri, 29 Aug 2008 08:00:00 EST Did you know that seat belts could save 9,500 lives and prevent 132,000 injuries a year? Although seatbelt use has increased steadily over the last few decades saving countless lives, too many drivers and passengers are still losing their lives simply because they do not buckle up. Specifically, teens and those driving at night are still forgetting or refusing to wear their seat belts, leading to higher fatality and injury rates.

In fact, according to the National Highway Traffic Safety Administration, 68 percent of teens killed in car accidents that occurred at night where not wearing their seatbelts, while 57 percent of teen kill in day car crashes were not buckled up. Males between 16 and 25 are the least likely to buckled up - and the most likely to get into accidents in the first place.

The federal government is fighting for seatbelt use in two ways. First off, they launched a nationwide, 24-hour-a-day campaign called Click It Or Ticket (CIOT) which allows officers to charge those drivers when they - or their passengers - are not wearing their seat belts. Secondly, the government has funded a $7.5 million campaign supporting nighttime seatbelt use, especially for teens.

Here are some seat belt safety tips for your and your family - they could save your life or the life of a loved one.

• Always wear your seat belt - there are no excuses. It doesn't matter if you're just running to the store or if you are trying to sleep in the back seat. The shoulder belt should fit snuggly across your collarbone and chest - never loosely or behind your back.


• Never let your kids ride in the front seat if they are under 12. Even if they put up a fight, you both should know that it is about their safety and nothing more.


• Don't think your airbag will save you - they are only effective 42 percent of the time. The way to stay safest is to wear a seat belt and use your airbag as extra protection. Airbags have been designed to work in conjunction with your seat belt!  


• Don't buckle more than one person into a seat belt - they are not designed to work for two people and could cause injury.


• Even though it might be uncomfortable, buckle up when you are pregnant! Buckling up will not harm the baby even if the belt is tight; however, not buckling up and getting into a car accident will be extremely dangerous for your unborn child.


• Check all of the seat belts in your car for breaks, jams, or frays - wearing your seat belt won't help you much in an accident if it breaks or malfunctions during your car accident.

Buckling your seat belt only take a moment - but it could save your life.

]]> http://www.reillylawpc.com/library/seat-belt-safety-in-pennsylvania-reducing-injuries-in-car-and-truck-accidents.cfm http://www.reillylawpc.com/library/seat-belt-safety-in-pennsylvania-reducing-injuries-in-car-and-truck-accidents.cfm sreilly@reillylawpc.com; reillylawoffices@comcast.net Fri, 29 Aug 2008 08:00:00 EST
]]> http://www.reillylawpc.com/faqs/what-is-a-product-liability-case.cfm http://www.reillylawpc.com/faqs/what-is-a-product-liability-case.cfm sreilly@reillylawpc.com; reillylawoffices@comcast.net Wed, 09 Jul 2008 08:00:00 EST http://www.reillylawpc.com/faqs/what-is-a-premises-liability-case.cfm http://www.reillylawpc.com/faqs/what-is-a-premises-liability-case.cfm sreilly@reillylawpc.com; reillylawoffices@comcast.net Wed, 09 Jul 2008 08:00:00 EST
]]> http://www.reillylawpc.com/faqs/what-if-i-was-injured-by-a-driver-with-no-insurance-or-too-little-insurance.cfm http://www.reillylawpc.com/faqs/what-if-i-was-injured-by-a-driver-with-no-insurance-or-too-little-insurance.cfm sreilly@reillylawpc.com; reillylawoffices@comcast.net Wed, 09 Jul 2008 08:00:00 EST http://www.reillylawpc.com/faqs/what-is-limited-tort.cfm http://www.reillylawpc.com/faqs/what-is-limited-tort.cfm sreilly@reillylawpc.com; reillylawoffices@comcast.net Wed, 09 Jul 2008 08:00:00 EST Pennsylvania Medical Malpractice Myths.]]> http://www.reillylawpc.com/faqs/is-there-a-medical-malpractice-crisis-in-pennsylvania.cfm http://www.reillylawpc.com/faqs/is-there-a-medical-malpractice-crisis-in-pennsylvania.cfm sreilly@reillylawpc.com; reillylawoffices@comcast.net Wed, 09 Jul 2008 08:00:00 EST http://www.reillylawpc.com/faqs/what-is-the-process-for-determining-if-i-have-a-medical-malpractice-claim.cfm http://www.reillylawpc.com/faqs/what-is-the-process-for-determining-if-i-have-a-medical-malpractice-claim.cfm sreilly@reillylawpc.com; reillylawoffices@comcast.net Wed, 09 Jul 2008 08:00:00 EST http://www.reillylawpc.com/faqs/what-is-an-informed-consent-claim.cfm http://www.reillylawpc.com/faqs/what-is-an-informed-consent-claim.cfm sreilly@reillylawpc.com; reillylawoffices@comcast.net Wed, 09 Jul 2008 08:00:00 EST http://www.reillylawpc.com/faqs/how-do-you-prove-a-medical-malpractice-case.cfm http://www.reillylawpc.com/faqs/how-do-you-prove-a-medical-malpractice-case.cfm sreilly@reillylawpc.com; reillylawoffices@comcast.net Wed, 09 Jul 2008 08:00:00 EST http://www.reillylawpc.com/faqs/what-is-medical-malpractice4.cfm http://www.reillylawpc.com/faqs/what-is-medical-malpractice4.cfm sreilly@reillylawpc.com; reillylawoffices@comcast.net Wed, 09 Jul 2008 08:00:00 EST http://www.reillylawpc.com/faqs/does-it-cost-me-anything-to-consult-with-you-about-a-potential-case.cfm http://www.reillylawpc.com/faqs/does-it-cost-me-anything-to-consult-with-you-about-a-potential-case.cfm sreilly@reillylawpc.com; reillylawoffices@comcast.net Wed, 09 Jul 2008 08:00:00 EST MarketWatch, the four-week crackdown by Pennsylvania State Police on Interstate 81 has ended in almost 1500 tickets and over 700 written warnings. The increased one-month enforcement was called the Ticketing Aggressive Cars and Trucks Campaign (TACT) and was meant to reduce aggressive driving and car and truck accidents along the stretch of I-81 between Dauphin County and Cumberland County near Harrisburg, PA, a 33-mile stretch beginning at the Newville exit and ending at the I-83 junction.

The campaign, which began near the end of October, resulted in 1,498 traffic citations and 730 written warnings by Penn State Troopers. Officers used marked cars, unmarked cars, and fixed-wing aircraft in their efforts.

"The purpose of the TACT campaign was to educate car and truck drivers about the dangers of driving aggressively," State Police Commissioner Frank Pawlowski said. "The citations and warnings make it clear to all drivers that state police are serious about traffic safety."

In addition to having extra police cars in the area on the lookout for aggressive driving and breaches of the law, the campaign also included PennDOT public awareness and public education aspects that included radio spots, posters in public buildings, informational brochures, and highway billboards. All of these materials encouraged safe and cautious driving and taught readers how to steer clear of unsafe driving situations on the road.

The safety push also included the inspections of commercial vehicles like big rigs, in which police officers looked for tired drivers, trucks over the weight limit, and faulty equipment. Almost 100 inspections were conducted and 25 violations were found.

TACT was sponsored by the Commercial Vehicle Safety Alliance, an organization mad up of law enforcement officials, truck and bus companies, industry associations and insurance companies in North and Central America.

]]> http://www.reillylawpc.com/news/pennsylvania-state-trooper-crack-down-on-i81-traffic-violations-to-prevent-car-accidents.cfm http://www.reillylawpc.com/news/pennsylvania-state-trooper-crack-down-on-i81-traffic-violations-to-prevent-car-accidents.cfm sreilly@reillylawpc.com; reillylawoffices@comcast.net Wed, 03 Dec 2008 08:00:00 EST defective products are no more than annoying hassles - a coffee maker that leaks, a toy that arrives broken in the box, a table that wobbles. However, some defective products are more than inconveniences - they can be harmful, cause serious injury, or even result in death. One of the best ways that you can protect yourself and your family from dangerous defective products is to keep abreast of product recalls by visiting websites like the US Consumer Product Commission. Here are some products that you should keep your eye out for in Pennsylvania this month:

· JCPenny is recalling 24,000 pairs of Arizona brand newborn and infant denim pants due to a chocking hazard - the metal snap on the waistband may detach and be swallowed. Those who own the pants should stop using them immediately and return them to the store for a full refund.

· DuPont is recalling bottles of Heavy Duty Acidic Cleaner Bottles, due to a risk of severe skin irritation and burns. The bottles can build up pressures, causing the liquid to leak out of the caps in full or nearly full bottles. There have been two reports of skin irritation and peeling skin due to the leaks. If there are signs of leakage, consumers should stop using the bottle. Even if there are no signs of leakage, consumers should wear gloves when handling the product.

· Green Mountain Vista Inc. is recalling 7,300 insulated black-out roller shades and insulated Roman shades after a two-year-old girl almost strangled on the cord of one of the products. The girls suffer deep neck bruising but has recovered. Those with the shades should immediately contact the company for a repair kit.

· Target is recalling 365,000 dive sticks because of an impalement hazard. The sticks, which were sold in a bundle of three multi-colored sticks, could remain upright in the pool, posing a danger to children in the water. Target asks customers to return the sticks for a full refund.



]]> http://www.reillylawpc.com/news/november-product-recalls-in-pennsylvania-defective-products-that-may-cause-serious-injury.cfm http://www.reillylawpc.com/news/november-product-recalls-in-pennsylvania-defective-products-that-may-cause-serious-injury.cfm sreilly@reillylawpc.com; reillylawoffices@comcast.net Wed, 03 Dec 2008 08:00:00 EST North Pennsylvania Reporter, 19-year-old Jeremiah Farrior of Norristown, PA, pleaded guilty to a felony charge regarding a hit-and-run accident that killed a small child in April of 2008. The non-jury trial is taking place in Montgomery County Court and is being resided over by Judge Thomas C. Branca. The accident occurred at dusk, when three-year-old Juan David Gonzalez darted out into the 200 block of East Oak Street and was hit by the oncoming car.

According to authorities, Farrior did not stop his car or get help when the accident took place, but rather drove off hoping he would not be seen. However, an eyewitness saw the 1997 red Ford Taurus and noted his license plate as he left the scene.

"While nothing can ever make up for killing a child, the right thing to do in that situation would have been to stop and render aid," said Assistant District Attorney Anthony Gil.

Although Gonzalez was rushed to Montgomery Hospital, he was pronounced dead less than an hour after the accident took place. The coroner said that the autopsy revealed a death from multiple traumatic injuries.

The felony charge for a hit-and-run that results in death or serious injury carries a minimum sentence of one year and a maximum sentence of four to seven years. Sentencing is being suspended while court officials piece together a background check on Farrior. The investigation into Farrior's past will help the judge make his decision.

"If someone dies as a result of an accident and you do not stop, report it or render aid, the law considers it very serious," Gil said.

Farrior is free on $30,000 bail until his sentencing.

"The victim does have family in the area and they were eager to see justice done," Gil said on behalf of Gonzalez's survivors.

]]> http://www.reillylawpc.com/news/norristown-teen-admits-hitandrun-involving-toddler-in-montgomery-county-pa.cfm http://www.reillylawpc.com/news/norristown-teen-admits-hitandrun-involving-toddler-in-montgomery-county-pa.cfm sreilly@reillylawpc.com; reillylawoffices@comcast.net Tue, 02 Dec 2008 08:00:00 EST Lackawanna County awarded $20.5 million to the white family as compensation for a medical malpractice incident seven years ago.

The Whites, who live in Jermyn, Pennsylvania, were expecting a baby in 2001. When Mrs. White became concerned about the pregnancy on June 30, she called her OB/GYN at OB/GYN Consultants Ltd. in Scranton, PA, for help. A doctor recommended she go to the Community Medical Center, where a fetal monitor showed the baby was in distress.

The same doctor, Behlike, was called, but did not arrive for two hours. During that time, the baby did not receive enough oxygen. Labor was incuded, and finally a Cesarean section was done four hours later. By that time, the baby had suffered permanent damage.

Today, the baby, Cody, suffers from cerebral palsy and does not have use of his hands. He is also almost completely blind and severely mentally retarded. He functions at the level of a six-month old and cannot walk or talk.

"Almost all of the money will be used for his care," the lawyer said. "He needs 24-hour care ... for the rest of his life."

The amount of the reward is unprecedented in Northeast Pennsylvania, with only three medical malpractice cases surpassing $5 in the past seven years. The jury found Richard Behike as well as Community Medical Center negligent in the treatment of Laura White and Cody White , with most of the blame landing on Behike's shoulders.

Cody will require 24-hour care for the rest of his life. $2 million will be given to the family immediately, with $18.5 million withheld to be given to Cody on his 18th birthday. The money was given for lost earning capacity, pain and suffering, and medical expenses.

"He's a great little boy," Mr. White said. "He has a lot of difficulties, though. He can't walk or talk."

]]> http://www.reillylawpc.com/news/lackawanna-county-jury-awards-205-million-for-medical-malpractice-verdict.cfm http://www.reillylawpc.com/news/lackawanna-county-jury-awards-205-million-for-medical-malpractice-verdict.cfm sreilly@reillylawpc.com; reillylawoffices@comcast.net Tue, 02 Dec 2008 08:00:00 EST WFMZ News Channel 69 reported on a strange traffic crash on the eastbound lane of PA Route 22 in Lehigh County, Pennsylvania that killed 42-year-old Michele Lamaze of Whitehall Township, PA, on the morning of November 18.

Penn State Police say that that an 18-wheeler truck was traveling under the Fullerton Avenue overpass when the top of his steel cargo container hit the underside of the bridge and slide off the back of the truck and onto the highway. Lamaze was driving a jeep behind the truck and crashed into the lost container. She was killed in the accident and her jeep was completely totaled. She was pronounced dead at the scene of the accident.

The truck was driver by Robert Kostadinov, a 29-year-old driver from Ohio.

The overpass is thirteen feet and ten inches tall - the truck's load must have been over regulation to not clear the bridge. It's a common treat to semi truckers. According to PennDOT spokesperson Ron Young, trucks are allowed by law to be no higher than thirteen feet and six inches high. Young recommended that other drivers stay well back from trucks especially when they travel under bridges - tailgating is not a good idea.

One truck driver, Randy West fall told reporter Jackie Shutack, "You don't know. There could be some buildup, especially during the winter. Snow buildup, it might be lower than you expect."

Another truck driver, Cliff Zerfoss, added, "You gotta set your route and look on a map and know where you're going beforehand because it'll show you if there are low overpasses."

In instances when trucks do exceed thirteen feet and six inches high, they are told to apply for an exemption and then re-routed to avoid all low bridges and overpasses.

State police have not finished their investigation of the incident and have not filed any charges against the truck driver.

]]> http://www.reillylawpc.com/news/freak-truck-and-car-accident-kills-woman-on-route-22-in-lehigh-county.cfm http://www.reillylawpc.com/news/freak-truck-and-car-accident-kills-woman-on-route-22-in-lehigh-county.cfm sreilly@reillylawpc.com; reillylawoffices@comcast.net Tue, 02 Dec 2008 08:00:00 EST Norristown Times-Herald, Carl Bean, 38, of Parker Ford, Pennsylvania, was riding a motorcycle westbound on the 800 block of West Main Street in Norristown, PA, on Thursday, September 27, 2008, a few minutes after 7 PM, when disaster struck and he became the victim of a hit-and-run case.

A 1988 Acura was driving eastbound on the same road when the car turned suddenly toward Stanbridge Street, according to the motorcyclist. Bean, from Chester County, PA, was not able to veer out of the vehicle's path, but rather toppled over on the roadway after trying to miss the path of the ongoing car.

According to Norristown Police reports, the car then ran over the downed bike and continued driving. The driver of the car not only continued on for approximately 30 feet with the biker trapped under his car, but also proceeded to turn onto Stanbridge Street. When the driver stopped just after the intersection, he got out of his car and immediately fled on foot.

Although authorities are not sure who was in the vehicle at the time of the motorcycle accident and subsequent hit-and-run, the accident report listed the owner of the car as Jose Martinez-Primitivo of Woodland, California.

Bean, meanwhile, was pulled out from under the car wreck by a local rescue team. He was then airlifted to the University of Pennsylvania Hospital, with serious head injuries. Days later, Bean is still recovering at the city hospital and is listed as in stable condition, according to Norristown Police Chief Russell Bono.

If you have any information on this hit-and-run case, or were a witness to the accident, contact the Norristown Police immediately.

]]> http://www.reillylawpc.com/news/norristown-pa-motorcycle-and-hit-and-run-leaves-one-seriously-injured.cfm http://www.reillylawpc.com/news/norristown-pa-motorcycle-and-hit-and-run-leaves-one-seriously-injured.cfm sreilly@reillylawpc.com; reillylawoffices@comcast.net Tue, 18 Nov 2008 08:00:00 EST National Child Passenger Safety Week, and to raise awareness, Pennsylvania State Police inspected child car seats around the state. Shockingly, according to The Morning Call, a full 80% of the child safety seats were not installed properly, rendering them useless. Although the children are still in the seat, not installing them correctly may even put them at risk for being more seriously injured in any car accident they may be involved in.

Many may not realize that PA law states that children under eight must not only be in a safety seat, but that they must be securely fastened correctly into an approved child passenger restraint seat.

During the week of September 21-27, PA State Troopers inspected 619 eats at 72 different locations. Over 80%, a staggering 502 of the seats were not correctly installed in the car, according to a state issued press release. All in all, 284 citations were written and 1,351 writen warnings were distributed. Citations were only given to those pulled over for other reasons - those who brought their seats in to be inspected were not cited.

"Child passenger safety seats save lives, but only when they are used properly," State Police Commissioner Frank E. Pawlowski was quoted as saying in the release.

Even more shocking may be the news that Pennsylvania's car seat installation issues are probably echoed across the country and that even more children are in danger while riding in the car. Officials from the US National Highway Safety Administration reported that misuse rates did not change due to geographic, socioeconomic, or educational levels - everyone is equally likely to install a safety seat incorrectly.

Most incorrect inspections revealed that many parents do not know to anchor the child seat to the car's normal seat, which cases the car seat to fly if the ca is impacted. The police officers also reported that seats were turned the wrong way or that the safety seat's harness was not being used correctly. In a number of other cases, parents were utilizing safety seats that had been recalled due to performance defects.

]]> http://www.reillylawpc.com/news/pennsylvania-state-police-find-that-80-percent-of-car-seats-not-installed-safely.cfm http://www.reillylawpc.com/news/pennsylvania-state-police-find-that-80-percent-of-car-seats-not-installed-safely.cfm sreilly@reillylawpc.com; reillylawoffices@comcast.net Wed, 29 Oct 2008 08:00:00 EST Associated Press, pharmaceutical drug giant Eli Lilly has finally settled a 32-state legal issue revolving around their drug Zyprexa. Although the drugmaker did not admit wrongdoing as part of the settlement, the company will split $62 million between the states, which include Pennsylvania.

Zyprexa is a drug used for the treatment of a number of mental disorders, including schizophrenia, depression, mania, and bipolar disorder. However, Eli Lily was accused of marketing the drug for other uses not yet approved by the Food and Drug Administration, such as pediatric care and dementia. The drug was also marketed for use at higher doses than those tested and approved by the FDA.  


As the law stands currently, doctors are allowed to prescribe drugs to patients for uses aside from those approved by the FDA, but the companies that manufacture the drugs may not advertise the drugs for situations outside of the approved uses - often referred to as "off-label" uses.

Some of the accusations also claimed that the drug's marketing of the drug did not accurately or thoroughly disclose the drug's side effects, which include weight gain, dry mouth, dizziness, insomnia, urinary retention, sedation, seizure, trouble swallowing, missed periods, runny nose, low blood pressure, impaired special orientation, apathy, increased appetite, and impaired judgment.

In addition to the cash settlement, the company also agreed to a handful of mandates moving forward. Aside from halting misleading claims and shady marketing efforts, Eil Lilly also agreed to make the medical staff - not the marketing staff - act more responsibly in regards to written content produced about Zyprexa.

Although Zyprexa has been profitable for the company - racking up $4.8 billion in sales just in the last year - the drug company has also struggled with over 31,000 product liability claims against the drug in the last two years. So far, the claims have led to $1.1 billion in legal fees and settlements.

Specifically in Pennsylvania, a number of different groups, from insurance companies to unions to individuals, are suing Eil Lilly for a number of reasons, ranging to the price of the drug to the marketing of off-label uses. A federal judge has granted the pkaintiffs a class-action lawsuit.

"We believe all of the parties involved share an interest in putting this dispute behind us," said Robert A. Armitage, Lilly's senior vice president and general counsel. "From our standpoint, it's certainly in the best interests of the company and the patients, caregivers and health-care professionals who continue to rely on this life-saving medication," he said, adding that Zyprexa remains available to patients and on formularies for Medicaid programs in all 50 states.

"Lilly's policies and practices already mirror most of the provisions included in the proposed consent decrees. This resolution reflects our commitment to continually build on a foundation of compliance, accuracy and transparency," Armitage said.

]]> http://www.reillylawpc.com/news/drug-manufacturer-eli-lilly-settles-zyprexa-legal-issues-in-pennsylvania.cfm http://www.reillylawpc.com/news/drug-manufacturer-eli-lilly-settles-zyprexa-legal-issues-in-pennsylvania.cfm sreilly@reillylawpc.com; reillylawoffices@comcast.net Wed, 29 Oct 2008 08:00:00 EST The Mckeesport Daily News reports that many continue to be concerned about the stretch of Pennsylvania Avenue that passes through West Mifflin. A new crash this weekend is one of many that have occurred on this road in the past few months and weeks.

After midnight on Sunday, off-duty McKeesport police officer Tim Conboy, 43, struck a house along the 2500 block of Penn Ave, causing property damage. Alcohol may have been a factor in both the accident and in the officer's apparent suicide later that night after he left the accident scene. A witness said that after the accident, Conboy exited his truck and ran to his home on Sunset Drive, where he lived with his mother. When the police arrived to investigate, they heard the gun shot and found the man dead. Before the incident took place, Conboy's girlfriend reportedly tried to stop the man from driving drunk.

Although alcohol might have played a part in the Penn Ave crash, it is not the first. There have been a disturbing series of wrecks in the area in recent months.

"They fly through there," said borough council Vice President Arlene Jabbour, who lives along Pennsylvania Avenue.

Another resident who lives on the street agreed, although he declined to be named.

"People drive like maniacs along there," he said. "People who drive the speed limit are practically forced off the road."

Many of the accidents are single-vehicle crashes, with Former borough councilman Albert Kopay Jr. witnessing a one-car crash last spring. In that accident, a Jeep Grand Cherokee hit a telephone pole on the 2100 block of the road. At the time, Kopay was mowing his lawn when the crash occurred, which broke the utility pole in half and in which speed was certainly a factor.

"This is nothing new," he said. "People come flying down here all the time. That pole has been hit before."

Kopay added that the fence in front of his house was destroyed by yet another car accident a few years ago.

"People just have to slow down," he said. "We're lucky no one was killed out here today."


]]> http://www.reillylawpc.com/news/another-west-mifflin-roadway-accident-raises-concern-in-roads-safety.cfm http://www.reillylawpc.com/news/another-west-mifflin-roadway-accident-raises-concern-in-roads-safety.cfm sreilly@reillylawpc.com; reillylawoffices@comcast.net Wed, 29 Oct 2008 08:00:00 EST Associated Press, the Pennsylvania widow of an Iraq War vet is suing the United States Government Veterans Administration for her husband's death by suicide. Specifically, the wife is suing the Lebanon VA Medical Center and its staff for negligence.

Donald Woodward served in the Army in Iraq from March 2003 to August 2003 and was discharged in November of 2003. He served in the 4th Infantry Division during Operation Iraqi Freedom. On March 3, 2006, he was found on one of his favorite hiking trails in Lancaster County along the Enola Low-Grade Line. He was dead of a self-inflicted gunshot. He was a 2000 graduate of Penn Manor High School.

The Lebanon Daily News reported that Tiera Woodward of Lancaster County has filed a $2 million wrongful death an