Is Leaving an Instrument Inside a Patient After Surgery Considered Medical Negligence?

Medical professionals use a wide array of instruments when performing surgery. According to the American Society of Anesthesiologists, around 4,500 to 6,000 sponges and other surgical instruments are left in patients’ bodies each year, which can lead to serious complications or death. If you or a loved one has had surgery and an item was left inside your body, a local medical malpractice lawyer can evaluate your case and advise you of your options.

What is Medical Negligence?

All healthcare providers, hospitals, and surgery centers have a duty of care to provide treatment according to a reasonable standard of care that similar medical professionals would provide. When they fail to meet that duty, it may be considered medical negligence.

In a medical malpractice claim, a plaintiff must prove that the health care provider did not meet that duty of care, that they suffered damages, and that the provider’s actions were the direct cause of their injuries. While cases involving retained surgical instruments may seem straightforward, good medical malpractice lawyers know that sometimes they can be challenging to win.

Commonly Retained Surgical Items

Surgical sponges are the most common items left inside the body. There are several reasons for this.  For example, a surgeon may go through 40 or 50 of them during one operation, and they can be hard to see when soaked in blood. Although hospitals have protocols in place to prevent this from happening, it most commonly occurs during emergency surgeries or when unexpected complications arise. Some other items and instruments that have been left inside patients’ bodies include:

• Scalpels

• Forceps

• Clamps

• Scissors

• Drain tips

• Needles

• Tubes

• Scopes

• Measuring devices

• Surgical gloves and masks

• Gauze

Why Surgical Instruments May be Left Behind

In addition to the chaos of emergencies or complications during surgery, other factors may increase the risk of retained surgical items. Sponges or instruments may be counted incorrectly due to fatigue or faulty management systems, and when multiple surgeries are needed or procedures involve more than one surgical team, the chances of instruments being left behind increase.

Complications of Retained Surgical Instruments

Retained surgical items can result in a wide range of complications, including internal bleeding and permanent injury or disability. Surgical sponges left inside can break down, collect bacteria, and cause ulceration that may eventually become life-threatening.

Blades, scalpels, and other instruments with sharp edges can cause organ and blood vessel punctures as well. Pain in the abdominal, pelvic or chest area, fever, swelling, digestive issues, nausea, and weight loss are common symptoms of retained surgical instruments or sponges.

Recovering Damages in Medical Malpractice Claims

In most cases, when a retained surgical instrument is detected, additional surgery is required to remove it. This can lead to exorbitant medical costs, pain, and significant recovery time. The best medical malpractice attorneys in Pennsylvania can evaluate your claim and may be able to help you recover damages such as:

• Medical bills

• Lost wages

• Loss of future earning potential if an injury leaves you disabled

• Anticipated future needs, such as nursing care

• Pain and suffering

• Other damages specific to your claim

If you have lost a loved one due to retained surgical instruments, you may be entitled to file a wrongful death claim against responsible parties.

Our experienced medical malpractice lawyers in Chester County, PA understand how to accurately value your claim and fight to hold negligent medical professionals and hospitals accountable so you can heal and move-on with your life.

This blog was originally posted on https://pa4law.com/is-leaving-an-instrument-inside-a-patient-after-surgery-considered-medical-negligence/

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3 Common Defenses for Drug Crimes

Whether you are facing felony or misdemeanor charges, being accused of a drug crime can be life-altering. If you’ve been charged with a crime, it’s critical to find an experienced criminal defense attorney as soon as possible to ensure your rights are protected. A lawyer can help you understand common defenses for drug crimes that may apply to your case.

1. Unlawful Search and Seizure

Under the Fourth Amendment of the United States Constitution, Americans are protected against unlawful search and seizure. This means that law enforcement must have a warrant or probable cause before conducting a search. If law enforcement conducted an illegal search, your drug crime lawyer may be able to have evidence seized during the search deemed inadmissible in court. Because this evidence is often the cornerstone of the prosecution’s case, charges may even be dismissed.

2. The Drugs Were Not Yours

To prove you’re guilty of a drug crime, the prosecution must show that you had actual possession or constructive possession of the drugs. If you were arrested and drugs were found in your pocket, it is tough to use the defense that they are not yours or that you didn’t know they were there.

However, even if you were not carrying, holding or touching drugs, you may be charged with constructive possession in situations such as:

• Traffic stops and car searches with multiple people in the vehicle

• Searches of homes or buildings with multiple occupants

To prove constructive possession, prosecutors must show that you knew the drugs were there and had the intent and power to control them. For example, if you are driving a friend’s car and you’re pulled over on suspicion of DUI and marijuana is also found in the car, your DUI lawyer may argue that a constructive possession charge should be dropped because you weren’t aware that the marijuana was in the car. Regardless of the circumstances, if you’re accused of any type of drug possession, do not speak to law enforcement without an attorney present.

3. Unlawful Entrapment

When authorities pressure or induce someone to commit a crime they had no intention of committing, entrapment can be used as an effective defense tactic. To prove entrapment, the defendant must show that they did not have the predisposition to commit the crime or that any reasonable person would not have committed a crime but for the actions of law enforcement.

Other Defense Tactics in Drug Crime Cases

While these are a few common defense tactics for drug crimes, your defense attorney may explore other factors when building a defense, including, chain of evidence custody issues, procedural errors, legal technicalities, and police misconduct.

If you are a loved one is facing drug crime charges, you need an experienced defense attorney. Our team includes some of the top DUI attorneys and drug crime lawyers in Pennsylvania. We fight to protect your rights and provide aggressive legal representation you can trust.

This blog was originally posted on https://pa4law.com/3-common-defenses-for-drug-crimes/

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What Happens When a Domestic Violence Case Goes to Trial?

Facing charges related to domestic violence in Pennsylvania can have a serious impact on every aspect of your life. Your reputation, livelihood, and freedom may be on the line, so it’s critical to hire an experienced domestic violence defense lawyer who can help you understand the criminal court process and protect your rights.

Understanding Domestic Violence Charges in PA

Under Pennsylvania law, there is no separate, specific domestic abuse charge. Instead, when offenses such as assault, unlawful restraint, terroristic threats, and other crimes are perpetrated against a spouse, intimate partner, other family members, or someone with whom you share a child, these crimes may be considered misdemeanor or felony crimes of domestic violence.

It’s also important to understand that a protection from abuse order (PFA) is a civil action and is not a criminal charge. However, if you violate a PFA, you can be charged with indirect criminal contempt of court, which carries penalties of up to six months of jail time and fines of $300 to $1,000.

The Pretrial Process

Shortly after your arrest, you will appear before the magisterial district judge for a preliminary arraignment in which you will be advised of the criminal complaint against you. A judge may grant or deny bond at this time. It’s critical to have an experienced domestic violence lawyer present your side and negotiate bond on your behalf.

The Preliminary Hearing

A preliminary hearing is usually held within ten days of the arrest. The prosecution must present sufficient evidence to establish that a crime was likely committed. In a preliminary hearing, you’ll be able to find out what evidence the prosecution has against you and present any mitigating circumstance or justification that could help with your defense. Your defense attorney may challenge any evidence against you at your preliminary hearing and the court will decide if there’s enough evidence for the case to proceed.

Formal Arraignment

At the formal arraignment, formal charges will be made against you, and you'll be required to enter a plea of guilty, not guilty, or no contest. If you plead not guilty, during pre-trial proceedings your attorney will obtain discovery and you may also attend a pre-trial conference to discuss any possible plea bargains with prosecutors.

Possible Defenses for Domestic Violence Charges

When crafting a defense, your domestic abuse lawyer will look at the circumstances and evidence and may employ defenses such as:

• The allegations of domestic abuse are untrue

• The harm caused was accidental or unintentional

• You were acting in self-defense or defense of another party

• Insanity or diminished capacity 

• Other defenses specific to your case

Trial

If you choose to stick with a not guilty plea, your case will go to trial. You may select a trial by jury or a trial by judge. Your attorney can help you decide which option might be better for your case. Although pretrial matters usually move quickly, it could be months before your trial date is set. However, this gives you and your attorney time to thoroughly prepare for your case. Whether or not you choose to testify is a critical decision to discuss with your attorney, but ultimately it is up to you.

At a criminal trial, the prosecution must prove the charges against you beyond a reasonable doubt. Steps of the trial process include:

• Jury selection

• Opening statements by each side

• Presentation of the case by the prosecution and then the defense, which may include evidence, testimony by the alleged victim, and witness testimony. 

• Closing arguments by the prosecution and defense

• Judge or jury deliberations

• Verdict

After a judge or jury deliberates, they will return with a decision. In a criminal trial, a defendant can only be found guilty if all 12 jurors unanimously agree on the verdict. Oftentimes, a defendant facing multiple charges may be found guilty of some charges, but not others.

If you're found not guilty, you’ll be free to go and move on with your life. If you are found guilty of one or more charges, the next step is sentencing. However, you have the right to appeal, which is a separate process you may want to consider.

Do you need help with a domestic violence case? Our experienced West Chester defense lawyers can evaluate your case, advise you of your options, and act as your staunch advocates.

This blog was originally posted on https://pa4law.com/what-happens-when-a-domestic-violence-case-goes-to-trial/

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3 Types of PFAs in Pennsylvania

Victims of domestic violence deserve protection from their abusers. In Pennsylvania, a protection from abuse order (PFA) is a civil remedy that prohibits an alleged abuser from communicating with and harassing or stalking another party. Whether you have been served with a PFA or you’re a victim of domestic violence, understanding the three types of PFAs in Pennsylvania is critical.

1. Emergency PFA

When courts are closed after hours or on a weekend or holiday, it’s possible to get a temporary PFA by contacting your local police department. They can direct you to the magisterial district judge that handles emergency PFAs in your jurisdiction. If the judge determines that you’re in immediate danger, they may grant an emergency protection from abuse order. This type of order typically only lasts until the appropriate court is open where you can file for a temporary PFA.

It’s important to keep in mind that if you do not apply for an ex parte PFA on the business day when the court opens, the emergency order expires. Lawyers for domestic violence victims can help you navigate the process and provide the legal support you need.

2. Ex Parte Temporary PFA

In legal terms, ex parte means that an order can be granted to the person who requested it without requiring a response from the other side. When you file for a PFA, the judge will likely give you a temporary PFA if they believe you or your children are in danger and need immediate protection.

A temporary protection from abuse order will be in effect until your hearing for a final PFA, which is typically scheduled within10 business days. At the hearing, both you and your alleged abuser have the right to testify and present evidence.  If you’ve been served with a PFA and want to fight it, a defense lawyer can help you prepare for the final PFA hearing and represent yngou in court.

3. Final PFA

At the final PFA hearing, both sides may present evidence, testimony, and witnesses to back up their claims, and then a judge decides whether a final PFA is granted. A final protection from abuse order can last up to three years and may be extended in certain circumstances, such as if an abuser harms you again or behaves in other ways that demonstrate a continued risk of harm while while the final PFA is in place.

Who Can Get a PFA in Pennsylvania?

In Pennsylvania, only certain household or family members may request a Protection from abuse order. This includes a spouse, intimate partner, sibling, parent or child, another family member related by blood or marriage, or someone with whom you have a child. If you’re a victim of sexual violence or intimidation by someone other than a partner or family member, a sexual abuse lawyer can help you obtain a different kind of protective order, such as a sexual violence or intimidation protection order.

Regardless of whether you’ve been abused or need legal representation because you’ve been accused of abuse, our team of domestic violence lawyers, criminal defense attorneys, and sex crimes attorneys can help.

This blog was originally posted on https://pa4law.com/3-types-of-pfas-in-pennsylvania/

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Marijuana Laws in Pennsylvania: What You Need to Know

As more and more states legalize marijuana, and federal pardons are given for simple possession of cannabis, it can be confusing to know what is and is not legal in your state. Although possession of a small amount of marijuana is no longer a crime in certain counties in Pennsylvania, it is still illegal unless you have a valid medical marijuana card. If you’re facing charges, a drug crime lawyer can help you understand the law and safeguard your rights.

Is Simple Possession of Marijuana Decriminalized in PA?

The simple answer? No. However, possession of up to 30 grams of marijuana or 8 grams of hashish has been decriminalized in Philadelphia and Allegheny counties. This means it is now a civil violation that results in a fine of $25 if you are caught possessing it or $100 if the police find you smoking it. You can still be arrested and charged for possessing it or consuming small amounts in other jurisdictions in Pennsylvania.

Penalties for Simple Possession of Marijuana In PA

Under Pennsylvania law, possessing 30 grams or less of marijuana is a misdemeanor that comes with a $500 fine and up to 30 days in jail. If you possess more than 30 grams, you will still be charged with a misdemeanor but may pay a fine of $5,000 and up to one year of incarceration. In addition, if you’re charged with possession a second time or multiple times, you can face fines of up to $25,000 and three years in jail. If police observe that the marijuana is packaged with intent to sell, you may face felony charges.

Selling or Growing Marijuana in PA is a Felony

Selling any amount of marijuana in Pennsylvania is a felony, regardless of whether it’s one joint or a pound. Of course, penalties and sentencing guidelines vary depending on how much you have in your possession. Even if it’s only for personal use or you have a valid medical marijuana card, growing marijuana is also a felony in PA.

Being convicted of selling or growing marijuana can result in a $15,000 fine and 2 ½ to 5 years of incarceration. Penalties increase for multiple offenses.

Can I Be Charged With A Drug DUI if I Smoke Marijuana?

Yes. Regardless of whether you’re eligible for medical cannabis, if you’re caught driving with any amount of marijuana in your system you may face DUI charges. Unfortunately, marijuana can be detected in your system even if you haven’t consumed it for weeks. If you’ve been accused of driving while under the influence of drugs or alcohol, it’s critical to consult an experienced DUI defense attorney as soon as possible.

These are just a few examples of what you may face if you’re caught with marijuana in Pennsylvania. Facing any type of charge for drug possession is daunting. Our drug defense lawyers are well-versed in defense strategies that may be able to get charges reduced or dismissed. We help you understand your options and fight tirelessly to protect your rights.

This blog was originally posted on https://pa4law.com/marijuana-laws-in-pennsylvania-what-you-need-to-know/

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Why You Need a Child Custody Attorney if You Have a PFA Against You

In Pennsylvania, a protection from abuse order (PFA) helps keep victims of domestic violence safe from their abusers. Being served with a PFA can affect your reputation and livelihood, and prevent you from seeing your children. If you are the subject of a PFA, it is critical to seek the counsel of the best child custody lawyer in your area.  They can evaluate your case and assist you with any legal processes that may be necessary to preserve or regain custody rights.

How Does a PFA Work?

A PFA prohibits an alleged abuser from contacting or seeing the plaintiff.  When filing for a protection from abuse order, a plaintiff can ask for specific restrictions on contacting or visiting his or her children. This means that if the court restricts contact with your children, attempting to see them or contacting them would be a violation of the PFA.

PFAs and Existing Custody Orders

In some circumstances, a PFA can supersede an existing custody order. For example, if a judge finds that a defendant is likely to abuse the children or remove them from the jurisdiction before a final PFA hearing, custody may be revoked. However, if your children are not named in the restraining order and the judge finds that they are not at risk of being abused by you, your custody rights will not be taken away. If there is no custody order in place, a judge can set forth custody arrangements in a PFA, including prohibiting custody or requiring supervised visitation.

What Happens if I Violate a PFA to See My Children?

Although it’s painful to be unable to see your kids, violating a PFA will not work in your favor. Violation of a PFA may result in criminal contempt of court charges, which can carry penalties of up to six months in jail and a $1,000 fine. A violation could also have an impact on custody and visitation arrangements in the future, and be used against you in other pending court cases. A domestic violence lawyer can help you understand your legal options and advise you on a course of action that may be effective for retaining or regaining your custody rights.

Challenging a PFA

Although you can challenge a protection from abuse order, you will not be able to defend yourself until the final PFA hearing. A temporary PFA lasts for 10 days, so if the order bars you from seeing your kids, it is best to follow that order until your hearing. Having a family law attorney by your side greatly increases your chances of a favorable outcome in your final PFA hearing.  If a final PFA bars you from custody, your lawyer can help you fight it.

PFAs and Child Support

It is important to keep in mind that even if there is a protective order against you, you are still required to provide financial support to your children if it has been ordered by the court. Each circumstance is unique. A Pennsylvania child support lawyer can evaluate your case and provide advice about which types of support you are obligated to pay.

Protection from abuse orders can have a serious impact on child custody rights. Seeking the counsel of our custody lawyers in Chester County, PA can give you the best chance of preserving your rights so you can be there for your children.

This blog was originally posted on https://pa4law.com/why-you-need-a-child-custody-attorney-if-you-have-a-pfa-against-you/

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Unsure of What to Do After a Sexual Assault? This Checklist Can Help

Dealing with a police investigation and possible court case after you have been sexually assaulted can add to the trauma you’ve already experienced. If you or someone you know is a victim, a sexual assault lawyer in Pennsylvania can help you understand your rights and guide you through the process. Regardless of whether your case goes to trial, it is important to gather information and evidence that can support your claims and potentially help police and prosecutors put your attacker behind bars.

Reporting Sexual Assault

After an assault, you may feel overwhelmed, terrified, and unsure of where to turn. These feelings are common in survivors of sexual abuse, but do not let them keep you from reporting what happened to you. Making your voice heard is critical, and it is the only way to bring your attacker to justice. The sooner you call the police, the sooner they can collect evidence and begin their investigation. Your body, clothes, and scene of the event can provide valuable evidence, so make sure to refrain from:

● Changing or throwing away your clothes or bedding

● Washing your hands, showering, or bathing

● Disturbing the area where the assault occurred

Getting a SAFE Exam

Survivors of sex crimes have the option to get a Sexual Assault Forensic Exam (sometimes called a rape kit or SAFE exam). A specially trained nurse will collect DNA samples, hair, saliva, clothes, and other evidence that could help support your case. They will also interview you, and may take pictures with your consent.

It is important to keep in mind that you can go straight to the hospital and get a rape kit before reporting an assault to the police. This allows you to preserve vital physical evidence and get medical treatment and the resources you need right away. This is also a good time to contact a close friend or family member for extra support. You may also want to find a sexual abuse lawyer as soon as possible to help get justice.

Pressing Charges

After you make a report to law enforcement, you can decide whether you want to press charges. Ultimately, it is up to prosecutors to determine whether to move forward with criminal charges based on the evidence available to them. In many cases, a defendant may agree to a plea bargain and you will not have to testify in court. If you do have to testify, your lawyer and the prosecution team will help you prepare. If the state decides not to prosecute your attacker, it is still possible to file a civil lawsuit against them to recover monetary compensation for damages.

When Your Attacker is Someone You Know

Unfortunately, many victims are sexually assaulted by someone they know. Whether it was an acquaintance, family member, coworker, classmate, spouse, or intimate partner, you have the right to report the crime and hold them accountable. If you have been assaulted by someone in your household, lawyers for domestic violence victims can offer the support and legal representation you need.

Documenting Threats and Harassment

If you have been facing ongoing threats from the person who assaulted you, make sure to preserve and provide all written or electronic communications, including text messages, emails, DMs, social media posts, phone logs, and voicemails. It can also help to promptly create a timeline and write down everything you remember about what happened, and provide the names and contact information of any witnesses who may be aware of the situation.

Take Advantage of Resources and Lean on Your Lawyer

Even if you do not report a sexual assault, seeking help to process what happened and find healing is critical. The  National Sexual Assault Hotline (1-800-656-4673) can automatically route you to the nearest sexual assault service providers, who can connect you with counseling, medical care, crime victim advocacy, and other resources.

If you or a loved one has been a victim of an assault, our Chester County sex crimes attorneys can be your staunch advocate and protect your rights and interests.

This blog was originally posted on https://pa4law.com/unsure-of-what-to-do-after-a-sexual-assault-this-checklist-can-help/

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Surgical Errors and Medical Malpractice: When the Wrong Organ is Removed

During surgery, patients are at their most vulnerable and rely on physicians and other medical professionals to look-out for their health and well-being. Unfortunately, medical mistakes like removing the wrong organ can have lifelong consequences. Recently, a California woman was a victim of this type of error and had to hire medical malpractice lawyers to help her hold the responsible parties accountable.

Sarajane Parfitt’s Story

In 2021, 55-year-old Sarajane Parfitt underwent surgery to have her diseased left kidney removed at the Community Regional Medical Center in Fresno, California. The surgery was botched, and her spleen was mistakenly removed instead. She will now have to undergo another surgery to remove her kidney. Although it’s possible to live without a spleen, Sarajane is now more at risk for infection and will require special treatment to boost her immune system for the rest of her life.

Even more shocking, her spleen was labeled as a kidney when submitted to a pathology lab for testing, and the error went unnoticed for several days. When the pathologist reported that her spleen had been removed, the hospital performed a CT scan and found that her left diseased kidney will still there, and her spleen was gone.

Sarajane Filed a Medical Malpractice Lawsuit

Sarajane found a medical malpractice law firm, and her attorney, Paul Pimentel, filed a lawsuit on her behalf against Dr. Narayana Ambati, Community Regional Medical Center and Urology Associates, and Dr. Shahin Chandrasoma.

Her medical malpractice claim asserts that having the wrong organ removed has caused her to suffer severe emotional distress and other damages. Dr. Ambati’s malpractice defense lawyer asserts that he did not do the nephrectomy (kidney removal) – it was performed by a visiting surgeon, Dr. Chandrasoma. Sorting-out which parties are liable in this situation is just one factor that could make this medical malpractice lawsuit especially complex.

The Case Will Likely Be Resolved Outside the Courtroom

The vast majority of medical malpractice cases are settled out of court.  Physicians, health systems, and other medical providers don’t want to deal with the hassle or expense of going to court, not to mention the public scrutiny that can accompany a trial.

Pennsylvania personal injury lawyers fight to help clients resolve medical malpractice cases as efficiently and effectively as they can, but sometimes litigation is necessary to recover damages and hold negligent parties accountable. This case is still pending, so there’s no word on whether Sarajane has reached a settlement agreement with the defendants, but hopefully, she’s saved the trauma and headache of a lengthy trial.

If you or a loved one has been injured due to a healthcare provider’s error or negligence, our personal injury lawyers can help. Our team features one of the best medical malpractice attorneys in Pennsylvania. We’re dedicated to fighting for your rights and helping you recover the maximum compensation you need to move on with your life.

This blog was originally posted on https://pa4law.com/surgical-errors-and-medical-malpractice-when-the-wrong-organ-is-removed/

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Who is Responsible When You Are Hurt in a Truck Accident?

Determining who may be responsible for damages when you have been injured in a truck accident is challenging. If you or a loved one has been hurt in a crash, finding a personal injury lawyer who is well-versed in handling these types of claims is critical to ensuring all liable parties are held accountable.

Truck Accident Cases Are Complex

Truck accident cases are very different from auto injury claims. Because of their large size and weight, semis and other commercial vehicles are more prone to causing life-altering injuries and fatalities when involved in an accident. Crashes involving passenger vehicles can be deadly as well, but the claims process for recovering damages typically involves only two insurers. In truck accident cases, multiple parties may be liable, which means you need experienced accident injury lawyers who know how to track down all possible sources of compensation and prove liability.

Multiple Parties May Be Liable For Damages

Identifying the persons or entities responsible for damages after a truck accident comes down to the circumstances surrounding the crash, and whether a driver is a company employee, independent contractor, or owner-operator of a truck. This can get tricky, as a trucking company may try to deny a driver’s status as an employee or contractor in order to avoid liability. Not only that, the negligence of multiple parties may play a part in why an accident occurred. Depending on the circumstances, liability may lie with multiple parties, including the:

● Truck driver

● Trucking company

● Cargo loader

● Parts and/or vehicle manufacturer

● Maintenance company or repair shop

● Other motorists

Truck accident cases are very complicated when more than one party is potentially liable for damages. Filing claims with multiple insurers is stressful and overwhelming, and it is the last thing you want to deal with when you have been hurt and are trying to heal.

Why You Need a Truck Accident Lawyer to Determine Liability

There are countless scenarios in which a truck accident can occur. For example, if a crash was caused by faulty brakes but the trucking company failed to do required checks and maintenance so the problem was not detected, both the brake parts manufacturer and trucking company could be liable for damages.

An insurer may claim that you or another party is fully or partially at fault a crash. If you do share liability for the accident, this makes sorting out who is responsible for damages even more challenging. A truck accident attorney can take the weight off your shoulders by thoroughly investigating the circumstances surrounding the crash, handling communications and negotiations with insurers, and fighting to help you recover the full amount of compensation you need and deserve.

It is also important to hire knowledgeable Pennsylvania personal injury lawyers who are familiar with the rules set forth by the Federal Motor Carrier Safety Administration (FMCSA), which regulates the motor carrier industry in the United States.

A Truck Injury Attorney Provides Compassionate Legal Support

It can be easy to underestimate the physical, emotional, and financial costs of being injured in a truck accident. Many trucking companies have powerful insurance companies on their side and will do everything they can to minimize or deny your claim. Your lawyer will ensure that the severity and scope of your injuries and losses are accurately calculated, and provide the aggressive legal representation you need to protect your health and financial security.

Our personal injury lawyers in Chester County, PA are dedicated to helping make things right for injured victims and their families.

This blog was originally posted on https://pa4law.com/who-is-responsible-when-you-are-hurt-in-a-truck-accident/

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What is a Probate Litigation Attorney and Why Would You Need One?

Probate is the process by which a will is validated and an estate is administered after someone dies. Although many probate proceedings go off without a hitch, if a will is contested or other disputes arise, probate litigation may be necessary. Whether you are an executor of a will or need to address problems with the administration of an estate, an experienced probate litigation attorney can help you understand the law and protect your interests.

Types of Probate Litigation

Will or Trust Contests

To challenge the validity of a will or trust, you must show that there is a legitimate reason and that you have the standing to do so as an heir or potential beneficiary.

Common reasons for contesting a will include:

Diminished or lack of testamentary capacity – For a will to be valid, the testator (person who signed the will) must be 18 years of age and be of sound mind. This means that they have sufficient mental capacity to understand what property they own and how they want their possessions to be distributed, even if their memory has been impaired by age or disease.

Undue influence –If someone inappropriately influences a testator to draft or amend their will in a way that benefits that person, there may be cause to contest a will for undue influence.

Fraud – When a will or trust is signed by someone who believed they were signing another document with different provisions, it may be considered fraud.

Forgery – Tampering with or the unauthorized signing of a will or trust is a forgery, which is grounds to contest the document.

Errors – Each state has laws dictating how a will or trust must be drafted and signed to be legally valid. For example, if a will is signed without witnesses, signatures are missing, or important text is omitted, it could be considered invalid.

Other Probate and Estate Administration Issues

Some other matters that can lead to probate litigation include estate administrator appointments, executor fee disputes, trustee removals, guardianship disputes, spousal share claims, and requesting a formal accounting of an estate. One way to help your loved ones avoid a lot of these problems is to work with a knowledgeable estate planning attorney when creating a will and estate plan.

How a Probate Litigation Attorney Can Help

Unfortunately, sometimes issues with an estate cannot be avoided. Family disputes can escalate quickly, which is an added stress when you are already grieving the loss of a loved one. A probate litigation attorney can help you keep a cool head, navigate the probate court system, and ensure that all procedural requirements and deadlines are met.

Having a knowledgeable lawyer who understands both beneficiaries’ and estate administrators’ viewpoints is critical. Your probate litigation attorney can help you negotiate disputes and hopefully come to an agreement without going to trial. However, if a reasonable agreement cannot be reached, probate litigation attorneys are experienced trial lawyers who can represent your interests in the courtroom and provide the compassionate legal support you need to get through tough times.

Whether you need to draft a will or are facing probate litigation, our experienced Chester County estate planning attorneys and probate lawyers can help.

This blog was originally posted on https://pa4law.com/what-is-a-probate-litigation-attorney-and-why-would-you-need-one/

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Why You Should Update Your Estate Plan After Having a New Child or Grandchild

Wanting the best for the children in your family is an essential aspect of being a parent or grandparent. Welcoming a new family member is exciting, but it’s important not to overlook the need to update your estate plan. Asking your lawyer to draw up a will or amend an existing one can give you peace of mind and ensure your children and grandchildren are well taken care of after you’re gone.

Update Your Will

If you’re a parent, your child should be added as a beneficiary in your will. If you fail to do this, the child may be excluded from receiving the inheritance you intended.  It’s especially important if you are divorced or have a blended family, as things can get tricky when there is no will or a will is not specific about how assets should be distributed.

Not only that, it’s vital to appoint a legal guardian for your minor children to ensure they are cared for by someone you trust if something unfortunate were to happen. If you’re a grandparent who wants to make sure your new grandchild is included as a beneficiary of your estate, you should update your will to reflect this as well.

Consider a Revocable Trust

It’s also a good idea to talk to your family estate planning attorney about whether a trust may be a beneficial option for the child. A revocable living trust is a legal arrangement in which you can name someone to manage assets on your beneficiary’s behalf. You can add or take out funds or property or terminate the trust while you are alive. However, when you die, the trustee will manage the assets for your child. Because trusts typically don’t have to pass through probate, this means beneficiaries will be able to have access to the funds immediately after your passing. Trusts can also provide some tax benefits and are useful tools for ensuring that money or property intended for beneficiaries isn’t mismanaged and is used according to your intentions.

Review Powers of Attorney

Both healthcare power of attorney and financial power of attorney are critical estate planning documents that protect your rights and interests while you are still alive. Although no one likes to think about what could happen if they become ill or incapacitated, having someone you trust to make medical and financial decisions when you are unable to do so not only protects you – it safeguards your children’s future.

When you have a new child, make sure your powers of attorney are up to date and that you still want the people you’ve chosen to make these decisions for you. This can save your loved ones a lot of grief and have a direct financial and emotional impact on your children or grandchildren, regardless of age. A Pennsylvania estate planning attorney can take a comprehensive look at your estate plan and advise you of the best way to protect your assets and your family’s well-being.

Do you need assistance with updating your estate plan or creating a new one? Our wills lawyers in Chester County can help.

This blog was originally posted on https://pa4law.com/why-you-should-update-your-estate-plan-after-having-a-new-child-or-grandchild/

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What You Need to Know About Prescription Drug Laws in PA

Drug crimes are usually associated with illegal substances such as heroin or cocaine. However, prescription drug abuse has also become a serious problem in the United States. A conviction for illegal possession, sale, or distribution of prescription can have a devastating impact on all aspects of your life. If you’ve been charged with a crime, a drug defense lawyer can help you understand prescription drug laws in PA and any potential penalties you may face.

Drugs That Are Illegal Without a Prescription in PA

With the exception of steroids, most prescription drugs that are illegally sold or possessed are used for conditions such as anxiety, pain, sleep disorders, and behavioral disorders like ADHD.

Both federal and state laws prohibit the unauthorized possession of certain prescription drugs, including:

● Benzodiazepines such as Valium, Xanax, Klonopin, and Ativan

● Narcotics such as Oxycontin, Percocet, Vicodin, Demerol, Morphine, Codeine, and Tramadol

● Amphetamines such as Adderall and Ritalin

● Sleeping pills such as Ambien and Lunesta

● Anabolic steroids such as Winstrol and Equipoise

Prescription Drug Crimes in Pennsylvania

Prescription drug crime charges vary depending on the type of drug, the amount in your possession, whether you intended to distribute it, and prior criminal history. This includes obtaining drugs through fraudulent means such as altering a prescription, stealing a physician’s prescription pad or forging his or her signature, and using someone else’s prescription.

Some examples of prescription drug crimes and their penalties under Pennsylvania laws include:

Simple Possession

If you purchase or obtain prescription drugs from another person illegally, you may be charged with simple possession, which is usually a misdemeanor. Penalties can include prison time, driver’s license suspension, and up to $25,000 in fines depending on whether you have previous drug crime convictions.

Possession with Intent to Deliver

Although many people think that anyone charged with intent to deliver must possess and sell a large quantity of drugs, this is not always the case. In Pennsylvania, even if you simply give a friend a pill you were prescribed, you may be charged with a felony prescription drug crime that could result in up to 15 years in prison and $250,000 in fines. If you are charged with possession with intent to deliver or distribute within a school zone, penalties may be harsher.

Other Prescription Drug Crimes

Doctors, pharmacists, and other health care professionals may face criminal charges for illegally selling or distributing prescription drugs. Other felony charges include unlawful manufacturing of prescription drugs and prescription drug trafficking which are very serious crimes that come with severe penalties.

It’s also possible to be charged with a DUI if you have any amount of certain prescription drugs in your system, even if you have a valid prescription. In this case, it’s critical to find an experienced drug DUI defense attorney who understands how to defend this type of charge.

If you’re facing prescription drug charges in Pennsylvania, our criminal justice lawyers can safeguard your rights and ensure you receive the best defense possible.

This blog was originally posted on https://pa4law.com/what-you-need-to-know-about-prescription-drug-laws-in-pa/

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Top 5 Tips from a Criminal Defense Law Firm on How to Win Your Case

If you’ve been charged with a crime, you may be curious about what you can do to help your criminal defense lawyer win your case. Although each circumstance is different, there are simple things you can do that can be of benefit to you. These five tips can help ease some of the stress you’re feeling and lead to a better outcome for your case.

1. Remain Silent

One of the easiest ways to sabotage a criminal case is to speak with police or prosecutors without an attorney present. If you believe you’re innocent, you may think the best way to clear things up is to tell your side of the story. This rarely works to a defendant’s advantage. Seemingly innocuous statements can be twisted and used against you. If police begin to question you, ask for an attorney and do not speak until they arrive. It’s best to avoid speaking about your case to anyone but your lawyer throughout the process, including family and friends.

2. Hire an Experienced Criminal Defense Attorney

You wouldn’t ask your primary care physician to perform brain surgery, so why would you hire a lawyer who’s short on experience in criminal law? For example, if you’ve been charged with possession of a controlled substance, you want to hire a drug defense lawyer who is well-versed in handling cases like yours. Don’t hesitate to ask potential attorneys how long they’ve been practicing criminal law, how much of their practice it entails, and whether they’ve successfully defended cases similar to yours.

3. Provide as Much Evidence as You Can

Strong cases are built on a solid foundation of evidence. Think about what you can provide to your attorney that will be helpful to your case, and document as much as you can. Whether it’s witnesses who can back up your alibi or phone records that show where you were at a certain time, no detail is too small. The more documentation and evidence you can share with your attorney, the easier it will be for you to work together to build a solid case.

4. Be Honest with your Lawyer

It can be tempting to lie or omit certain details to make yourself look better, especially if you’ve been charged with a crime like sexual assault. Your defense lawyer needs to know the truth about everything that happened, even if it’s hard to face. Sex crimes attorneys have heard it all, and their job is to provide you with a defense, not judge your actions. If you fail to stick to the facts and don’t tell the whole truth, you may be in for some surprises that could cause your defense to fall apart down the road.

5. Do Your Part

It’s vital to listen to your attorney and do as they advise. It’s okay to ask questions and have discussions if a conflict arises, but ultimately they know the law and which defense strategies may work best for your case. You can also do your part by keeping a low profile and staying out of trouble. Always be respectful of the court, stay humble, and put your best foot forward with a neat appearance in the courtroom. Failing to present your best possible face to a judge and jury can have a negative impact on your case.

If you or a loved one is facing criminal charges, our experienced defense lawyers and top DUI attorneys in Pennsylvania can help.

This blog was originally posted on https://pa4law.com/top-5-tips-from-a-criminal-defense-law-firm-on-how-to-win-your-case/

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Thinking About Bringing a Domestic Violence Case? Here’s a Checklist That Can Help

Victims are often afraid to bring domestic abuse charges against a spouse or partner. However, taking steps to hold your abuser accountable can enable you to get the help you need and free you from the chains of a violent relationship. Hiring a lawyer for domestic violence victims and documenting abuse, stalking, and other incidents can help back up your claims and provide evidence in a criminal case or divorce proceedings.

Documenting Abuse

If you’re considering taking legal action against an abusive partner, it’s important to gather as much evidence as possible. Documenting their abusive behaviors is also a critical component of building a case against them. Although each state has different rules about which type of evidence is permissible, some things to consider include:

• Date-stamped pictures of your injuries

• Photos of broken items and your home in disarray after violent episodes

• Photos of weapons your abuser has used or threatened to use against you

• Police reports from when you or a witness called the police

• Medical reports that document your injuries

• Any diaries or calendars documenting the abuse

• A list of people who are aware of the abuse or have witnessed it

Digital evidence, such as texts, emails, IMs, missed phone calls, and voicemails can be invaluable in a domestic violence case. Taking screenshots and sending them to someone you trust or saving them somewhere safe (not on a personal device) can help in case you lose your phone or your abuser takes it from you. These items also provide valuable evidence you can bring to a divorce attorney consultation.

Items to Take with You

When planning to leave an abuser, it’s a good idea to collect certain items ahead of time. If possible, give them to a loved one for safekeeping. These include:

• Identification for yourself and your children, including driver's licenses, passports, birth certificates, social security cards, and green cards or other immigration paperwork

• Documents such as your marriage certificate, divorce decree, custody and child support orders, protection from abuse orders, health insurance cards, vaccination records,  banking information, leases or deeds, and vehicle titles and insurance cards

• Address book and/or list of emergency contacts 

• Copies of keys to your home, vehicles, and safety deposit box

• Cash, credit cards, ATM cards, and checkbook

• Items of value if you don’t have access to cash or bank accounts

• Clothes

• Medications and prescriptions

• Family photos, keepsakes, children’s toys, and other items that give you comfort

Don’t Hesitate to Lean on Loved Ones

Friends and family who are aware of the situation or have observed the abuse can provide valuable witness testimony in domestic violence cases, so don’t hesitate to confide in someone you trust. You may also want to ask a reliable loved one if you can stay with them when you leave.

Sadly, it’s not uncommon for abusers to isolate their victims. If you don’t have anyone close to you who can offer a helping hand, make sure to look into domestic violence resources such as shelters and victims’ services. Your divorce attorney or child support lawyer can also provide compassionate support and help you find resources to make a safe, clean break from an abusive relationship.

Whether you’re a victim of domestic violence or you’ve been wrongly accused, our West Chester, PA divorce lawyers and criminal attorneys can help protect your rights and advise you of your options.

This blog was originally posted on https://pa4law.com/thinking-about-bringing-a-domestic-violence-case-heres-a-checklist-that-can-help/

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When a Doctor Deliberately Causes Medical Injuries

Most people visit the doctor or hospital with the expectation that physicians and other healthcare professionals have their best interests in mind. Although it’s rare, unfortunately, there are professionals in this field that cause deliberate harm. The best malpractice attorneys understand that these types of claims can be hard to win, but in some cases, justice does prevail.

Types of Damages in Medical Malpractice Cases

Depending on the specific circumstances of a claim, personal injury lawyers may be able to help injured victims recover three types of damages.

General damages are economic losses that can be quantified, such as the cost of medical bills and past and future loss of income. Special damages include pain and suffering, emotional distress, loss of enjoyment, and other non-economic damages.

Both general and special damages are considered compensatory damages, which means they are intended to “make the plaintiff whole.” However, in cases involving particularly egregious or careless acts, punitive damages may be awarded. Punitive damages are not intended to compensate the victim. Rather, they are awarded to punish the wrongdoer and deter others from committing similar acts in the future.

What Does Medical Malpractice Insurance Cover?

In cases involving medical mistakes or negligence, medical malpractice insurance typically covers all three types of damages. However, things can get tricky when a doctor deliberately causes harm to a patient. Most malpractice policies state that when a physician deliberately causes injury or covers up a criminal act, insurance coverage does not apply. This means that if your doctor caused deliberate injuries, you may have to bring a lawsuit against them personally to recover damages. They may also be subject to criminal charges if the state decides to prosecute them for criminal acts.

Claims Against Hospitals or Health Care Systems

It’s important to understand that suing your doctor may not be your only possibility for recovering compensation if you were deliberately harmed. If a hospital or health care system employed or contracted with the physician, they may also be on the hook for damages.

Hire an Experienced Medical Malpractice Attorney

Medical malpractice cases are complex. When deliberate acts of harm are involved a claim can be even more challenging to prove. If you’ve been hurt or have lost a loved one and you believe a healthcare professional may have committed wrongdoing, a medical malpractice attorney can evaluate your case, determine whether you have a viable claim, and investigate all possible avenues for compensation.

Medical malpractice laws and damage caps vary widely by state, so it’s critical to hire a lawyer who’s familiar with the laws in the jurisdiction where the harmful acts took place. In some states, there are patient compensation funds or excess recovery funds that may be utilized by patients seeking compensation for medical injuries.

Our malpractice lawyers in West Chester, PA are well-versed in handling cases involving physicians and other healthcare professionals who cause deliberate injuries or death. You can trust our compassionate team to fight for your rights and help you hold responsible parties accountable for their actions.

This blog was originally posted on https://pa4law.com/when-a-doctor-deliberately-causes-medical-injuries/

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How a Breast Cancer Misdiagnosis Led to an Unnecessary Double Mastectomy

Receiving news of a cancer diagnosis is distressing. Darrie Eason, a single mother from Long Island, NY was diagnosed with an invasive form of breast cancer in 2006. After having a double mastectomy, she found out she never had cancer at all. The lab that handled her biopsy was responsible for this error, and she retained a medical malpractice attorney who helped her recover compensation for this devastating medical mistake.

Misdiagnosis After a Second Opinion

Before undergoing treatment, Darrie consulted another physician for a second opinion and was again misdiagnosed with cancer. Unfortunately, this doctor used the information from the same mislabeled biopsy sample, which belonged to another woman.  After receiving the second opinion, she opted to have both breasts removed and underwent the first phase of reconstructive surgery.

The next step was chemotherapy. However, before she started this phase of treatment, the surgeon who had sent the removed breast tissue to the lab contacted her with shocking news: she didn’t have cancer. When asked how she felt when she found out her breasts were removed for no reason, she simply said, “You can’t even explain it.” This development also meant that the woman whose sample had been switched had globular breast cancer and had been misdiagnosed as being cancer-free.

How Did This Happen?

The New York State Department of Health investigated the lab that handled her biopsy samples, CBL Path medical laboratory. Its report stated that the likely source of the error was not a system breakdown but the lab technician engaging in a practice called batching. This process involves handling more than one tissue sample at a time. However, Steven Pegalis, Darrie’s medical malpractice attorney, wasn’t convinced. He found it hard to believe that it was a one-time event that occurred because of an individual’s carelessness.

Another issue this tragedy brought to light is the importance of patients asking for an additional lab report on tissue samples when seeking a second opinion. It also shows that medical labs evaluating tissue samples should always handle them one at a time and double- or triple-check the patient’s identifying information.

Darrie’s Medical Malpractice Claim

The best medical malpractice lawyers in Pennsylvania know that these types of cases can be notoriously difficult to win, so it’s critical to take the time to thoroughly investigate what happened and who may be liable.

Darrie’s lawyer waited a year to file a medical malpractice suit against the lab that processed her tissue sample. They wanted to make sure they brought a claim against the right parties, as the physicians and surgeons who treated her did so in good faith based and were unaware that the results were flawed. There was some conflict between CBL Path and their insurer about settling the claim without litigation, however, they ended up reaching a settlement agreement without going to trial. Although Darrie recovered monetary compensation, her life has been forever changed.

If you or a loved one has suffered injuries or losses due to a medical error, you don’t have to go it alone. Our experienced, compassionate medical malpractice lawyers in Delaware County, PA can evaluate your case and advise you of your options.

This blog was originally posted on https://pa4law.com/how-a-breast-cancer-misdiagnosis-led-to-an-unnecessary-double-mastectomy/

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How a Sexual Assault Case Can Affect Your Professional Life

Being accused of a sex crime can have a negative impact on all aspects of your life, including your career. If you are convicted, the social stigma of having a criminal record and being branded a sex offender has far-reaching consequences that can affect your family, relationships, reputation, and quality of life. If you are facing sexual assault charges, hiring an experienced criminal defense attorney to mount a solid defense and limit the impact on your employment/profession is critical.

Termination of Employment

Sexual assault charges may prompt your employer to suspend or terminate your employment. Although there are laws that prohibit discrimination on the basis of race, gender, religion and other factors, Pennsylvania is an “at-will” employment state. This means that an employer can fire an employee at any time for any reason, unless it is illegal, such as discrimination as defined by the law.

Many employers have specific procedures and policies for dealing with different circumstances, including criminal charges and convictions. You and your sex crimes lawyer should carefully review the conditions of your employment and any contractual agreements you may have with your employer.

If your sexual assault case prevents you from completing your assigned duties and responsibilities, one possible solution is for your employer to suspend you without pay or grant leave until your legal matters are settled. Unfortunately, a conviction for a sex crime will most likely result in termination.

There are different levels of sex crimes in PA. If you have a positive, longstanding relationship with your employer, it might be advantageous to have an honest talk about it and try to work something out that enables you to keep your job.

Revocation of Professional Licenses

A sexual assault conviction may also result in the revocation of your professional or occupational license and prohibit you from obtaining one in the future. This does not just apply to sex crimes – a drug conviction or DUI can also impact professional licensure.  Some common professions that may be affected due to a criminal conviction include:

• Health care providers such as doctors, nurses, dentists, and pharmacists

• Teachers

• Child care providers

• Attorneys 

• Law enforcement officers

• Firefighters

• EMTs

• Truck drivers

• Social workers

• Massage therapists

• Other professionals

Employment Disqualification

The long-term repercussions of a sexual assault case or other criminal conviction can present a serious obstacle to finding employment. Even something that may seem minor, like violating a protection from abuse order, may show up in a criminal background check. Moreover, if you are convicted of a sex crime, you will likely be required to register as a sex offender for at least 10 years or more.

Our experienced criminal defense attorneys fight to protect your rights and advise you of the best course of action to preserve your reputation, freedom, and professional standing.

This blog was originally posted on https://pa4law.com/how-a-sexual-assault-case-can-affect-your-professional-life/

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