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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