Understanding Premises Liability: A Personal Injury Lawyer Explains

 

Slip and fall accidents, dog bites, and even inadequate security on a premises can lead to victims suffering serious injury due to no fault of their own. The concept of premises liability usually comes into play in these types of cases. A personal injury lawyer can help you understand how premises liability may apply in your case and determine whether you have cause to bring a claim.

What is Premises Liability?

Business and property owners have a duty to keep their premises in a safe condition. Like most personal injury claims, premises liability claims are based on negligence, which means that a property owner failed to practice reasonable care to prevent or address dangerous conditions. When a property owner fails to properly maintain or repair dangerous conditions or provide a warning of them, they may be liable if someone is injured. However, merely  because you are injured on someone else’s property does not mean they are responsible for damages.

Proving Fault in a Premises Liability Claim

To prove a premises liability claim, you must show that the business or property owner was aware of the unsafe condition but failed to resolve the situation. A good accident injury lawyer will know how to prove all the elements required to bring a successful premises liability claim, including:

•    That the property owner owed you a duty of care
•    That the owner or business breached that duty by neglecting to act with reasonable care to prevent or warn of hazardous conditions
•    That their negligence led to injury or harm
•    That you suffered damages or losses due to your injuries

If you are considering pursuing a premises liability case, it is important to choose an experienced PI attorney who knows how to bring all of these elements together to prove negligence and build a solid claim for damages.

Types of Premises Liability Cases

Premises liability claims can arise from many different circumstances. Some of the most common types involve:

•    Slip, trip, and fall accidents, which are often caused by uncleared ice or snow, spills, leaks, loose rugs or carpet, and damaged concrete and stairs.
•    Falling objects in retail stores, warehouses, and on construction sites
•    Dog bites
•    Swimming pool injuries and drowning
•    Elevator or escalator failure
•    Fires and explosions
•    Toxic substance exposure
•    Lack of security
•    Inadequate maintenance and defective conditions on the property
•    Failure to warn of known hazards

How a Premises Liability Attorney Can Help

Depending on the circumstances, bringing a premises liability claim on your own can result in a minimal settlement or no compensation at all. Insurance companies often try to downplay the severity of a victim’s injuries or place blame on them for what happened. A knowledgeable premises liability lawyer can evaluate your case and give you an honest assessment of the options that may be available to recover compensation for damages such as medical expenses, lost wages, and pain and suffering.

Most personal injury lawyers offer a free initial consultation, so you really have nothing to lose if you contact an attorney about your case. If you do have a viable claim, your lawyer can fight to help you recover the maximum compensation you need and deserve.

This blog was originally posted on https://www.pa4law.com/understanding-premises-liability-a-personal-injury-lawyer-explains/

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Statutes of Limitations in Birth Injury Malpractice Cases

 

The birth of a child is a joyful event for many families. Unfortunately, when birth injuries occur, they can put the health of both the child and mother in danger. Some birth injuries take years to be identified, so it is critical to know how statutes of limitations may apply in these types of cases. If you believe a birth injury was caused by a health care provider’s negligence, seeking the counsel of good medical malpractice lawyers can help you understand the damages you may be entitled to recover on your child’s behalf and how statutes of limitations for bringing a claim may affect your case.

What is a Statute of Limitations?

A statute of limitations is the time frame the law sets for filing a claim. Deadlines for filing birth injury claims vary by state and type of case. For example, the deadline for filing a medical malpractice claim in Pennsylvania is two years, but there is an exception that enables parents to file a birth injury claim until the child’s 20th birthday. It is important to note that this exception does not always apply, so if you suspect that a maternal injury or birth injury occurred due to the negligence of a hospital or health care provider, it is critical to contact a lawyer as soon as possible.

Why Are There Extended Statutes of Limitations in Birth Injury Cases?

In most medical malpractice cases and personal injury claims, the clock starts ticking from the moment an injury occurs. However, some types of birth injuries are not discovered until a child is older, for example, when the child does not hit important developmental milestones. Children affected by a birth injury may suffer from:

•    Speech or language disorders
•    Learning disabilities
•    Behavioral issues
•    Impaired motor skills
•    Seizure disorders
•    Sensory processing disorders
•    Vision and hearing problems
•    Cerebral palsy
•    Microcephaly

In rare cases, some of these issues may not be identified until a child becomes a teenager. That is why many states have extended statutes of limitations for birth injury cases to the age of 20.

Causes of Birth Injury

Birth injuries can be caused by a number of factors, including trauma during childbirth, improper prenatal care, untreated maternal medical conditions during pregnancy, improper Neonatal/Newborn Intensive Care (NICU), and other factors. These cases are extremely complex and require the knowledge and experience of seasoned medical malpractice lawyers who are well-versed in handling birth injury claims.

How a Birth Injury Lawyer Can Help

If your child suffers from serious injuries, conditions, or disabilities, the physical, emotional, and financial costs can be overwhelming. It is also important to keep in mind that a child who has suffered a birth injury may require lifelong care, but if you wait to file a claim when they reach adulthood, it may be too late to recover compensation that could help improve your child’s and your family’s quality of life.

Regardless of your child’s age, if you bring a birth injury lawsuit against a health care provider on their behalf, your attorney will need to thoroughly investigate your claim. This may involve gathering medical records that span many years. Attorneys typically work with a number of medical experts to investigate and prove birth injury claims.

Contacting a medical malpractice attorney at an established personal injury law firm can help you protect your child’s health and financial future.

This blog was originally posted on https://www.pa4law.com/statutes-of-limitations-in-birth-injury-malpractice-cases/

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How Common Are Cancer Misdiagnoses in Medical Malpractice Claims?

 

When it comes to the diagnosis and treatment of cancer, time is of the essence. Misdiagnosis or delayed diagnosis of certain types of cancer can be fatal. There are many different factors that can have an impact on a cancer diagnosis. Learning about commonly misdiagnosed types of cancer from a top medical malpractice lawyer can help you understand what is involved if you or a loved one is considering filing a claim.

Causes of Cancer Misdiagnosis

Early detection is crucial when treating almost any type of cancer—typically, the sooner you start getting treatment, the better your prognosis will be. Although the subject has not been studied extensively, according to an article published in the Journal of the American Medical Association (JAMA), cases of missed, delayed, or incorrect diagnosis are common, and may occur anywhere from 10% to 28% of the time.

Some factors that may be involved in misdiagnosis or delayed diagnosis of cancer include:

•  Ignoring a patient’s complaints or symptoms
•  Neglecting to order proper diagnostic tests or biopsies
•  Pathology testing errors
•  Failing to identify lumps or other irregularities, such as those detected in breast exams
•  Incorrect reading of diagnostic testing results
•  Failure to recognize common signs of cancer
•  Not following-up with the patient or test results
•  Wrongly identifying a cancerous tumor as benign
•  Failing to refer a patient to a specialist

In some cases, a patient may be wrongly diagnosed with cancer and may undergo unnecessary, costly, invasive treatment. If this has happened to you or a loved one, a good injury attorney who handles medical malpractice can assess your case and help you determine the options that may be available for recovering compensation for a misdiagnosis and unnecessary treatment.

Types of Cancer That Are Commonly Misdiagnosed

Lymphoma—This type of cancer often goes undetected because many of the symptoms are associated with less serious conditions. For example, enlarged lymph nodes, fever, fatigue, weight loss and night sweats are often seen in patients with the flu or common cold.

Breast cancer—According to the Susan G. Komen Foundation, approximately 16% of breast cancer cases are not detected by mammograms. This delay in detection and diagnosis can result in a patient having to undergo more invasive treatment such as surgery. Conversely, misdiagnosis of benign tumors or cells that will not result in cancer can lead to patients receiving drastic treatment for no reason.

Colorectal cancer—Colon cancer often begins as a noncancerous tumor called a polyp. If doctors fail to recommend or perform a colonoscopy on high-risk patients or those 50 and older, these polyps may develop into cancer.

Lung cancer—The second-most common cancer in the United States, lung cancer can be difficult to detect in the early stages. It may be misdiagnosed as asthma, bronchitis, pneumonia, COPD, or even tuberculosis. Although lung cancer is highly treatable at the early stages, the survival rate is less than 10% if it progresses to stage four.

Skin cancer—Another commonly misdiagnosed cancer is melanoma, which can be fatal. Doctors may fail to recognize irregular skin markings and growths, which can enable melanoma to progress fairly rapidly. In addition, when biopsies are taken, pathologists in the lab may not accurately identify some types of skin cancers.

It is always a good idea to get a second opinion if you are diagnosed with cancer or believe you may have cancer. If you or a loved one has been misdiagnosed or has suffered due to delayed diagnosis, contact a medical malpractice attorney.

This blog was originally posted on https://www.pa4law.com/how-common-are-cancer-misdiagnoses-in-medical-malpractice-claims/

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Proving Domestic Violence in a Divorce

 

Domestic violence is a serious matter that has an impact on families throughout the US every day. Domestic abuse can have an impact on certain aspects of your divorce, so it is critical to find a divorce lawyer who can help you gather and present all relevant evidence to prove domestic violence and help you get a Protection From Abuse (PFA) order if necessary. Unfortunately, abuse can escalate when one person ends a relationship, so it is crucial to have a plan and think about your safety and the well-being of your children.

How Domestic Violence Can Affect Divorce Cases

Domestic violence can be a factor in a divorce when the courts make determinations about matters such as:

- Property division

- Child custody

- Spousal support

- Alimony

- Other issues that may be unique to your circumstances

Regardless of whether you are the one being abused or you are being accused of domestic violence, it is important to document everything to prove your side of the story.

How to Prove Domestic Violence

Criminal Convictions and PFA Orders

Whether it is a criminal or civil matter, courts make decisions based on facts. If domestic violence is an issue in your divorce, you will have to provide adequate evidence to show that it took place. The most straightforward way to do this is to show evidence of a criminal conviction for domestic abuse. If your spouse was convicted of a domestic-related offense, the family court will typically consider it sufficient evidence that abuse occurred. If you or your children have been victims of domestic violence, filing for a protection from abuse order can help protect your safety and provide evidence as well.

Witness Testimony

It is important to report incidences of abuse to law enforcement every time they happen, even if they do not result in criminal charges or a conviction. Law enforcement officers can testify as witnesses in domestic violence and divorce cases, as can friends, family members, teachers, doctors, social workers, or anyone who heard or saw the abuse. Although it may be daunting, you can also testify. In addition to helping you settle other matters involved in your divorce, your attorney can help you prepare before you testify and act as your staunch advocate in court.

Proof of Injuries

If you went to the emergency room due to injuries caused by your abuser, medical records related to incidences of domestic violence can provide compelling evidence. Photos of your injuries can also be helpful in proving domestic violence in a divorce case.

Other Proof of Abuse

Another way to help prove domestic violence is to document everything. Keep a list of the dates, times, and details of each incident, what your spouse did and said, and any witnesses who may have observed the behavior. This can help prove a pattern of abuse and have a significant impact on issues like child custody. In addition, save any emails, text messages, voicemails, or social media posts/messages from your spouse. Having an experienced divorce attorney by your side can help you get through a contentious divorce, protect your interests, and hold your abuser accountable.

If you need assistance with divorce, issues surrounding domestic violence, child custody, or other family law matters, contact a Pennsylvania divorce lawyer today.

If you or someone you know needs help, contact the National Domestic Violence Hotline at 1−800−799−7233 or TTY 1−800−787−3224.

This blog was originally posted on https://www.pa4law.com/proving-domestic-violence-in-a-divorce

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Common Types Of Medical Malpractices Cases

 

Most health care professionals care about the safety and well-being of their patients. However, physicians, surgeons, hospitals, and other health care providers can make serious errors that cause injury or death. Dealing with the physical and emotional repercussions of these injuries can be challenging and have a lifelong impact on victims. If you believe you or a loved one has been a victim of medical negligence, having a top medical malpractice attorney evaluate your case and help you understand common types of malpractice can help make things right for you and your family.

What is Medical Malpractice?

Before you consider filing a lawsuit against a health care professional or organization, it is important to understand what medical malpractice is. Medical malpractice occurs when a doctor, hospital, health care system, or other health care professional causes an injury to a patient due to a negligent act or omission. However, just because a doctor made an error that may have caused an injury does not mean you automatically have a medical malpractice case that will be easy to win.

Types Of Medical Malpractice Claims

Medical malpractice cases are quite complex and require the knowledge and experience of a seasoned personal injury attorney who is familiar with what it takes to prove negligence and liability in these types of cases. There are countless situations in which someone may be injured due to negligence, but some common types of medical malpractice cases include:

Misdiagnosis or Failure to Diagnose – When a doctor fails to correctly diagnose an illness or condition, the consequences can be deadly. Whether a physician fails to recognize a discernable illness or diagnoses a patient with a condition they do not have, it can result in a patient not receiving the treatment they need or a healthy patient getting unnecessary treatment that could be invasive or harmful. If you are misdiagnosed, malpractice would only be considered if a doctor failed to follow appropriate standards of care and you were harmed as a result.

Failure to Treat – In some cases, a doctor may fail to recommend adequate treatment for a condition. Failing to offer follow-up care after surgery, releasing a patient too soon, or neglecting to refer someone to a specialist when necessary are all examples of a failure to treat.

Birth Injuries – One of the most heartbreaking types of medical malpractice are birth injuries, which are often preventable and can happen in many different ways. Negligence may occur during childbirth or prenatal care and result in serious brain injury, nerve injuries, and other conditions that significantly affect a child’s quality of life and require costly long-term care.

Medical Product Liability – Thousands of patients are injured or killed each year due to faulty medical devices. If you’ve been hurt by a defective medical device, you may be able to pursue a product liability claim against the designer, manufacturer, and distributor of the device. In addition, a doctor or hospital may be liable in a medical malpractice claim if they failed to know the risk of harm before a device’s use or failed to warn a patient of the risk of harm.

If you believe you have been hurt by malpractice, contact a medical malpractice law firm today.

This blog was originally posted on https://www.pa4law.com/common-types-of-medical-malpractices-cases/

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Common Types of Divorce in PA

 

 

Circumstances surrounding divorce vary widely from couple to couple. Figuring out how to handle property division, child custody, child and spousal support, and alimony can make divorce complex and contentious. If you are considering dissolving your marriage, it is vital to ensure that your interests are protected. There are several different types of divorce in PA. Learning more about them and speaking to one of the best divorce lawyers you can find can help you understand your options and protect your rights.

Filing for Divorce in Pennsylvania

To get divorced in Pennsylvania, you or your spouse must have lived in the Commonwealth for at least six months. A divorce complaint is filed in the Court of Common Pleas in the county where you and your spouse reside. Although it is possible to file for divorce on your own, seeking the counsel of an experienced Pennsylvania divorce lawyer can make the process run more smoothly and safeguard your interests, property, and the welfare of your children.

No-Fault Divorce

The most common type of divorce in PA is no-fault divorce by mutual consent. This is a process in which both spouses consent to a divorce, and it can be finalized in as few as 90 days. Even if one spouse does not consent to a no-fault divorce, it can be granted if there is an irretrievable breakdown of the marriage and spouses have lived separately for at least one year before filing for divorce.

In an uncontested divorce, both spouses usually work together to reach a settlement agreement that lays-out specifics about property distribution, child custody, child support, and alimony. Requirements for being granted a no-fault divorce in Pennsylvania include:

- An irretrievable breakdown of the marriage

- Both spouses agree to the divorce

- No unsettled financial issues between the spouses

Even if you and your spouse are on good terms, these types of issues can be tricky. Because Pennsylvania is an equitable distribution state, rather than community property state, assets and debts are not necessarily just split 50/50. Having an attorney by your side to assist you with the process can help to ensure all issues are properly addressed, and a fair agreement is reached.

Divorce on Fault Grounds

In a fault-based divorce, the spouse who files for divorce must show that the other spouse was responsible for wrongdoing that caused the breakdown of the marriage. People often file for fault divorce when one spouse refuses to agree to divorce. Grounds for fault divorce include:

- Adultery

- Abandonment for at least one year

- Cruel and barbarous treatment, including domestic violence

- Bigamy

- Conviction of a crime and incarceration for two or more years

- Indignity or humiliation of the innocent spouse in a manner that makes the marriage intolerable

Institutionalization

If a person’s spouse has been institutionalized for a mental illness for 18 months and there is no plan to discharge them for at least 18 more months, the plaintiff may file for and be granted a divorce.

If you are considering filing for divorce in Pennsylvania, a knowledgeable family law attorney can help you determine which type is best for your specific situation.

This blog was originally posted on https://www.pa4law.com/common-types-of-divorce-in-pa/

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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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