How a DUI Can Affect Your Professional License

Earning a professional license takes years of hard work, dedication, and costly education. Whether you work in health care, public service, transportation, or another occupation, your professional license could be in jeopardy if you are convicted of a DUI. Experienced criminal defense lawyers understand that your livelihood may be on the line, so it is critical to find one right away if you have been charged with a DUI. They can provide an aggressive defense that may help you get charges reduced or dismissed, which in turn can eliminate or lessen the impact that a DUI can have on your career and reputation. 

Professions that Can Be Impacted By a DUI Conviction 

Commercial Vehicle Drivers

If you have a commercial driver’s license (CDL), you can be charged with a DUI if your blood alcohol content (BAC) is .04% or higher. The penalties for CDL drivers are stiff – depending on the circumstances, you could lose both your CDL and personal driver’s license for years. If it is your second DUI offense, you may lose your CDL permanently.  If you are involved in an accident while under the influence, a car crash injury lawyer can use this information against you in any claims or lawsuits that may arise. 

Doctors

Typically, a physician who is convicted of a DUI must appear in front of his/her state’s medical licensing board. In Pennsylvania, if you are charged with or convicted of a DUI, you have 30 days to notify the Pennsylvania State Board of Medicine. If you fail to report a DUI conviction or the board determines that you are unfit to practice medicine, you can lose your license. Your medical malpractice insurance may also increase.

Dentists

When dentists apply for or renew their dental license, they must report any DUI convictions. The PA State Board of Dentistry reviews each case and determines consequences on a case-by-case basis. 

Nurses

In Pennsylvania, licensed RNs, LPNs, CRNPs, LDNs, and CNSs must notify the State Board of Nursing of pending criminal charges and a DUI plea, conviction, or participation in ARD (Accelerated Rehabilitative Disposition). Failure to disclose a DUI conviction to the Board can result in a loss of your nursing license.

EMTs

Emergency Medical Technicians must report a DUI arrest and/or conviction to the Pennsylvania Department of Health which then has the right to revoke your EMT license. If you are applying for an EMT certification, and have been convicted of DUI within the previous four years, you may not be able to become certified at all.

Pharmacists

The Pennsylvania Board of Pharmacy may question your judgment, character, fitness, and ability to serve the public as a licensed pharmacist if you are convicted of a DUI or complete an ARD program due to alcohol and/or drug charges. Although each situation is assessed on a case-by-case basis, if you are convicted of a felony, you may lose your license permanently.  

Pilots

The Federal Aviation Administration and the Civil Action Security Division require licensed pilots to report a DUI conviction within 60 days. If you don’t, your pilot’s license can be suspended or revoked.

Other Professionals that Can be Affected by DUI Charges

Police officers, firefighters, teachers, and other public service workers may be disciplined for DUI convictions as well. Each municipality and school system handles these matters in its own way. Attorneys and accountants also run the risk of their professional license being suspended or revoked if they are convicted of a DUI. 

Regardless of what you do for a living, if you have been charged with a DUI, it is critical to seek the counsel of an experienced DUI defense attorney who will fight for your rights.

This blog was originally posted on https://pa4law.com/how-a-dui-can-affect-your-professional-license/

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Can I Sue a Hospital for Medical Malpractice?

Hospitals and their staff have an obligation to provide proper, safe medical care to patients in their charge. However, sometimes errors occur, which can result in life-changing injury or illness. Suing a hospital or healthcare system can be daunting, and there are certain factors that must be considered before filing a claim or lawsuit. Having a medical malpractice law firm evaluate your case can help you understand the nuances of these types of cases and who may be responsible for any injuries caused by negligence.

When Hospitals are Liable for Employee Actions

Nurses, CNA’s, technicians, and other medical workers are typically employees of hospitals. If their incompetence or negligence causes injury, illness, or death, the hospital that employs them most likely will be liable for any damages caused. For example, if a nurse gives a patient the wrong medication and the patient is harmed as a result, the hospital could be liable for the nurse’s mistake and be sued for medical malpractice.

Physicians and Hospital Employees

Many physicians and surgeons who work in hospitals are not direct employees of the facility. Unless a doctor who makes a medical error is an employee, the hospital usually will not be liable if the doctor’s actions cause injury or harm.

Similarly, if a hospital employee is negligent while under a doctor’s supervision, the hospital may not be liable, and the patient may have to file a claim with the doctor’s medical malpractice insurance company instead. Things can get very complex very quickly in these situations. Top-rated personal injury lawyers know how to sort out the facts to determine which parties may be held accountable for a patient’s injuries.

Determining Whether a Doctor is an Employee of the Hospital

Figuring-out the nature of a physician’s relationship with a hospital is a critical piece of the puzzle if you are considering filing a medical malpractice claim. If a doctor is an employee, the hospital typically will have control over their hours and vacation time, and will take payroll taxes out of any compensation the doctor receives. If a doctor is affiliated with a hospital but classified as an independent contractor, the hospital usually cannot be held liable for the doctor’s medical malpractice, even if the malpractice occurred there.

Other Situations in Which a Hospital May Be Liable

It is important to note that in some cases, if a physician appeared to be an employee of a hospital, the hospital may be liable if the patient was not informed that the doctor was not an employee. In addition, some states may hold a hospital financially liable if it continues to give staff or admitting privileges to a doctor who is incompetent or dangerous, whether the facility’s administration was aware of it or not. 

Medical malpractice law is complex. Before filing a claim, make sure to contact an experienced personal injury lawyer.

This blog was originally posted on https://www.pa4law.com/can-i-sue-a-hospital-for-medical-malpractice/

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Class Action Litigation In Medical Malpractice

 

Medical malpractice claims are usually brought by individuals who have been harmed due to the negligence of a physician, nurse, hospital or other health care professional. In cases involving issues such as harmful side effects of a medication, thousands of people may be affected, and they may all pursue compensation in a class-action lawsuit. If you are unsure about whether you have an individual claim or should consider being part of a class-action lawsuit, a top medical malpractice attorney can help you understand the difference between the two and advise you of your options.

What is a Class Action Lawsuit?

Although a class action lawsuit is a civil action, unlike a medical malpractice suit or personal injury claim, it involves multiple plaintiffs who have sustained injuries or losses due to the actions of the same defendant. Examples of class action litigation that involve medical issues include those that are filed against pharmaceutical companies due to dangerous side effects of medications, and manufacturers of materials such as surgical mesh and IUDs that ended-up being defective and causing injury. These class-action lawsuits are not really considered medical malpractice claims and typically fall under the legal umbrella of product liability.

Some personal injury law firms handle all of these forms of litigation, while others focus on specific areas of tort law such as car accidents, premises liability, and product liability.

How Do Class Action Lawsuits Work?

When you contact an attorney about a medical issue that could lead to a potential class action, they will do research on whether others have been harmed in the same way. They will determine:

- Whether there is an existing lawsuit making the same allegations

- How many others have been similarly injured

- Whether the statute of limitations to file a claim has passed

- Whether the company or individual who is being sued is protected from liability due to a bankruptcy filing

They also will look at previous judicial opinions and rulings to find out if any lawsuits involving similar claims have been successful. A class-action lawsuit is a huge undertaking that requires significant resources, so it is critical for lawyers to conduct due diligence before proceeding.

Filing a Class Action Lawsuit

A class-action lawsuit can be initiated by just one individual or a small group of people. If a personal injury lawyer or medical malpractice attorney believes a class action lawsuit is appropriate, they will draft a complaint that outlines the facts of the claim and damages that are being sought. The lead plaintiff will be named in the complaint and it will also describe the potential “class” of individuals who may be eligible to participate in the lawsuit. For example, in a case involving defective surgical mesh, the “class” would be patients who had serious complications after hernia mesh surgery.

For a class action to proceed, a judge must issue a class certification ruling. Many class actions settle before going to trial. The attorneys will issue a notice to the class members informing them about the settlement or judgment and their right to opt-out of the case, with instructions on how to claim their part of the settlement.

To learn more about medical malpractice and class action lawsuits, contact a personal injury lawyer today.

This blog was originally posted on https://www.pa4law.com/class-action-litigation-in-medical-malpractice/

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