Types of Injuries Sustained in Car Accidents

It can be easy to brush-off injuries sustained in a car accident, especially when it is a seemingly minor crash like a fender bender. However, an accident does not have to be catastrophic for motorists and passengers to suffer serious injury. Understanding how common injuries can affect your health and quality of life may help you make informed choices about how to proceed after a crash. Discussing your case with a car accident attorney won’t cost you anything, and can help you determine whether or not you have a viable claim and protect your rights and interests. 

Common Car Accident Injuries

Whiplash – This is the most common injury that occurs when someone is involved in a car accident. Whiplash is especially common in rear-end collisions, as occupants of a vehicle are usually taken by surprise and do not have time to brace themselves or hold onto anything. When a vehicle hits you from behind, your head suddenly jerks forward then backward. This may strain the muscles, ligaments, and tendons of the neck, upper back and shoulders. This jerking motion can also affect your spine. Symptoms of neck and back injuries like whiplash include headaches, blurred vision, decreased range of motion, and severe and/or chronic pain in the neck, shoulders and back.  

Back and spine injuries – These types of injuries can range from mild sprains and strains to life-changing catastrophic injuries that may leave an injured victim permanently paralyzed. Herniated discs, fractures, and other spinal injuries are often painful and can have a serious short- and long-term impact on your overall health and mobility. 

Head injuries – Severe blows to the head can cause concussion and traumatic brain injury (TBI). Chronic headaches, reduced ability to concentrate, changes in mood, and reduced cognitive function are just a few repercussions that can occur due to a serious brain injury. If you or someone you love is suffering from a head, neck, or spine injury after a crash, seeking the counsel of an experienced accident lawyer who can assess your case and advise you of your options is critical to protecting your health and financial security. 

Lacerations – Broken glass, airbags, and hard or sharp edges inside or outside of a vehicle can cause serious cuts and wounds that may require surgery, a long healing process, and leave permanent scarring.  The after-effects of these injuries can be emotionally challenging as well, especially if a victim has been disfigured. 

Fractures – Broken bones are often the result of high-speed impact crashes. Depending on the severity of the accident, the victim may suffer serious compound fractures, crushed bones, and broken ribs. These injuries can also lead to life-threatening internal bleeding and require immediate medical care. 

Always Seek Medical Attention After an Accident

Even if you believe you are not seriously injured, Pennsylvania personal injury lawyers recommend that you seek medical attention as soon as you can after an accident. Some symptoms may not appear until days or even weeks later. The sooner you get checked-out by a doctor the better – early detection and treatment of injuries may improve your chances of a full recovery. 

Dealing with the physical, emotional, and financial consequences of being injured in an accident is challenging, but you don’t have to go it alone. Contact our accident lawyers in Chester County, PA  to find how they can obtain the justice you deserve.

This blog was originally posted on https://pa4law.com/types-of-injuries-sustained-in-car-accidents/

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Standard of Care in Medicine: What It is and Why it Matters in Medical Malpractice Claims

Patients often have an expectation that their physician is looking out for their best interests and will provide the best care they possibly can. Sometimes, however, health care providers and hospitals make mistakes or fail to provide proper care, which can lead to serious injury, illness, and even death. Top medical malpractice attorneys help clients understand the standard of care in medicine and how it applies in different types of claims. 

What Is The Standard Of Care? 

Standard of care is defined as the level and type of care a sensible health care provider with similar education, experience, and training would provide under comparable circumstances, typically in the same community. Simply put, standards of medical care are common ‘best practices’ and protocols widely accepted by health care professionals in the same field and in the same geographic region.

In some cases, if a practitioner followed a different course of treatment than other professionals in the same purview, there is a rule called the Respectable Minority Rule, which may show that the difficult course of treatment is recognized by a respectable minority of physicians. However, before starting treatment with such a different course of treatment, a patient should be informed that the treatment recommended to them is not widely accepted by the majority of professionals in the same area of medicine. 

Why Is Standard Of Care In Medicine Important In Malpractice Cases?

The standard of care is a significant piece of the puzzle when proving whether a health care provider may be liable for a patient’s injuries. The main elements that must be demonstrated in most medical malpractice cases include:  

• The established standard of medical care that the provider owed to the injured party under the circumstances

• The health care provider is breach of that standard of care

• Injury or harm to the patient

• A causal connection between the health care provider’s negligence and the patient’s injury

The Right Expert Witness Testimony Is Essential

The standard of care in a specific case usually rests on the expert testimony of professionals in the field of medicine in which the physician in question is currently practicing. Determining the standard of care is often challenging. It may take multiple expert witnesses to show whether or not a patient was harmed by the action or inaction of a medical provider. 

First, an expert witness must establish what the standard of care is for a particular medical field. Then, the expert must testify as to how the patient’s course of treatment failed to meet that standard. Finally, the testimony should establish how the patient was harmed by treatment that did not meet the standard of care. 

This is why it is critical to hire the best personal injury lawyer who has a track record of success in winning complex medical malpractice cases.  Attorneys with a wide range of experience in this area of the law often have working relationships with widely-respected medical professionals who lend credibility to medical malpractice claims. After all, just as one would not ask their family doctor to perform brain surgery, too they should not hire a car wreck attorney to handle a medical malpractice case.

Establishing standard of medical care is just one facet of a possible medical malpractice claim. For a complimentary case evaluation, contact our medical malpractice lawyers in Chester County, PA.

This blog was originally posted on https://www.pa4law.com/standard-of-care-in-medicine-what-it-is-and-why-it-matters-in-medical-malpractice-claims/

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How Medication Errors can have Serious Consequences

Medications are amazing tools that can enhance one’s physical and mental health, ease pain, and even save lives. Patients rely on physicians, nurses, hospitals, pharmacies and other health care professionals to dispense medication in a safe manner. Unfortunately, medication errors occur more often than they should, and can result in serious injury or death. The best medical malpractice attorneys understand that the consequences of medication errors can be life-changing. Filing a medical malpractice claim can help injured patients and their families hold the negligent parties accountable. 

Common Types of Medication Errors

From the initial prescription written by a health care professional to the pharmacy that fills it, medication errors can happen at any level. These errors also occur in hospitals, where nurses are typically responsible for administering medications.  

Common medication errors include:

• Prescribing the wrong medication

• Prescribing an incorrect dosage

• Failing to ask about a patient’s medical history and current medications before prescribing a medication

• Prescribing medications with dangerous interactions

• Prescribing medication to a patient who is allergic to it

• Administering medicine to the wrong patient in a hospital

• Administering an incorrect dose of medication

• Forgetting to administer a dose of a critical medication

• Failing to inform a patient of the risks of a medication

• Prescribing a drug for off-label use (to treat a condition for which the drug is not approved by the FDA) 

• Dispensing errors in pharmacies

Repercussions of Medication Errors

Depending on the circumstances, these mistakes can do great harm to patients and their families.  Medication errors can also destroy a medical provider’s and facility’s reputation, lead to medical malpractice claims, and result in criminal charges in some cases. 

A range of complications for patients can result from medication errors, including permanent injury or death. For example, if a nurse forgets to administer blood pressure medication to a patient in the hospital and they have a stroke, they can suffer permanent disabilities such as paralysis, memory loss, speech and language problems, weakness, or death. 

An avoidable error such as prescribing an incorrect dose of an antibiotic can cause someone with an infection to develop a life-threatening condition like sepsis. Most medication errors are avoidable, which makes it even more frustrating if one is injured or coping with the injury or wrongful death of a loved one due to a health care professional’s mistake. 

Recovering Compensation for Medication Errors

If you have been harmed by a medication error, you have the right to seek compensation for your injuries. There are countless scenarios in which medication errors may occur, and the best personal injury lawyers have seen it all. It can be challenging to know whether you have a medical malpractice claim, so it is vital to speak with an attorney. Not only can a lawyer help you recover the compensation you deserve, but by holding health care providers and facilities accountable for their actions youmay save someone else’s life in the future.  

When you trust a doctor or hospital to provide the care you need, being injured or losing a loved one because of a medication error can be devastating. Our medical malpractice lawyers in Chester County, PA can provide a free case evaluation and advise you of your options.

This blog was originally posted on https://www.pa4law.com/how-medication-errors-can-have-serious-consequences/

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How Do Pre-existing Conditions Affect Personal Injury Claims?

Many people suffer from illnesses and injuries throughout their lifetimes, and pre-existing conditions can play a major role in some personal injury cases. Typically, an injured victim cannot recover compensation for underlying conditions that were not caused by an accident, but they are entitled to compensation if those pre-existing conditions were made worse by the accident. The best accident attorneys always advise clients to disclose any pre-existing conditions to ensure they have all the information they need to build a solid personal injury case. 

Why Your Attorney Needs To Know About Pre-Existing Conditions

Informing your attorney of any pre-existing physical injuries or mental health conditions such as anxiety, PTSD, or depression is critical to establishing whether or not an accident caused the conditions to worsen. When you file a personal injury claim, insurance companies will scrutinize your medical history for the purpose of blaming your current injuries on a pre-existing injury or medical issue, regardless of how minor the pre-existing condition may be. A good injury lawyer will establish the degree to which an accident aggravated a pre-existing problem and/or caused new and distinct injuries. This is a critical element when determining the amount of compensation you may be able to pursue in a personal injury claim. 

Failing to Disclose a Pre-Existing Condition Can Jeopardize Your Claim

When discussing your medical history with your lawyer, it is essential not to hold anything back. For example, you may consider a childhood injury like a broken wrist irrelevant. It may not be – leave it up to your attorney to determine how it could affect your claim. 

Detailed medical records documenting your pre-existing health issues are critical to establishing their severity and how they affected your life before, and how the injuries you sustained recently have made these pre-existing issues worse.. Seeking medical care as soon as possible after an accident can actually help prove how recent injuries may have worsened an old injury or condition. 

Forgetting or deliberately failing to disclose a pre-existing condition could hurt your credibility, affect your chances of recovering compensation, and may even result in an insurer taking legal action against you if an omission is discovered later.  

A Pre-Existing Condition Won’t Always Prevent You from Recovering Compensation

Some victims who are already living with an injury may be hesitant to file an accident claim because they think their pre-existing condition will prevent them from recovering any compensation. This is simply untrue – again, leave it up to an experienced attorney to determine whether or not a claim is worth pursuing. Even if your pre-existing condition means you may not recover as much compensation as you would have without it, if someone else was responsible for causing new injuries or worsening old injuries, you deserve to be compensated for your damages. 

Scheduling a case evaluation with a personal injury lawyer can’t hurt – your initial consultation is free. Top car accident lawyers will thoroughly assess your case, review your complete medical history, and advise you of all the options that may be available to you.

Personal injury claims are complex, and pre-existing conditions can make it even more difficult to recover the full and fair compensation you need. Contact a personal injury attorney today to learn more. 

This blog was originally posted on https://www.pa4law.com/how-do-pre-existing-conditions-affect-personal-injury-claims/

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3 Elements of Product Liability Claims

Whether it’s their vehicle or headache medicine, most consumers typically assume that the products they use are safe. Unfortunately, this is not always the case. When someone suffers an injury caused by a product, they may have recourse for recovering compensation for any damages caused. If you or a loved one has been hurt by a product you’ve used, talking with a good injury lawyer is critical to understanding your options. 

Factors Considered in Product Liability Claims

Negligence is a major element in any personal injury claim. However, there are three specific factors that are usually considered in product liability claims, including:

• Manufacturing defects

• Design defects

• Failure to warn

Manufacturing Defects

When a product is improperly manufactured and causes harm, manufacturers may be held liable. Sadly, manufacturers sometimes put cost and speed of production above safety. Incorrect assembly, faulty installation of wiring and circuitry, and use of wrong materials to construct a product are just a few examples of manufacturing defects. Top car accident lawyers have litigated many cases involving manufacturing defects such as brake failure, unintended acceleration, and improperly deployed airbags. 

Design Defects

Design defects typically happen during the development of a product. Design defects can involve a product causing harm when being used correctly, or when harmful materials are utilized to make a product. Examples include designing top-heavy SUVs that increase the risk of rollover when making sharp turns at high speeds, or creating children’s toys that pose a choking hazard. 

Failure to Warn

Products that have the potential to be dangerous must have adequate warnings to help consumers use them properly and avoid being injured. For instance, a tool such as a chainsaw should have instructions for proper use and warnings about any potential hazards. Even if hazards are evident, consumers should be informed that failure to use a product as it is intended could lead to serious harm.  If there is no warning included and someone gets hurt, the manufacturer may be liable. 

Proving Product Liability Claims

For a viable product liability claim, it is not enough to simply demonstrate that a product is defective. Your attorney must prove that you were injured due to the defect while using the product as intended. If you were using it in an inappropriate way when injured, you may not be entitled to compensation. You also must demonstrate that you suffered losses due to your injuries, such as medical bills, wage loss, pain and suffering, and other damages. 

Sufficient Evidence is Key

Product liability claims can be extremely complex, especially when they involve products such as pharmaceuticals or dangerous chemicals. To prove product liability, the best accident lawyers utilize evidence such as:

• The actual defective product

• Product design plans

• Evidence of designer or manufacturer knowledge of the defect, which may include notes, designs, emails, and other internal or external correspondence

• Medical records

• Medical bills 

• Proof of income, such as pay stubs and W-2s

• Photos of  the defects and consequent injuries

• Accident reports

• Witness testimony

• Expert witness testimony

• Labels, instructions, and warnings

• Marketing materials 

Your lawyer also will collect any other relevant evidence and put it all together to demonstrate that you were harmed by a defective product, and that you suffered injuries and loses. 

Contact a personal injury attorney to learn more about product liability claims.

This blog was originally posted on https://www.pa4law.com/3-elements-of-product-liability-claims/

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How Much is Pain and Suffering Worth in a Personal Injury Claim?

The calculation of economic damages such as medical expenses, lost wages, and property damage is fairly straightforward when determining the value of a personal injury claim. However, putting an accurate number on damages like pain and suffering requires the experience and knowledge of seasoned accident injury lawyers. There are several different factors to consider when determining these damages, and understanding how they are calculated can give you a better idea of what your case may be worth. 

What is Pain and Suffering?

Pain and suffering damages are compensation for the physical and emotional stress caused by an injury. Although the legal terminology for pain and suffering varies from state to state, generally it may include:

• Physical pain 

• Emotional distress

• Mental anguish

• Disfigurement 

• Embarrassment

• Loss of enjoyment

• Loss of consortium

Dealing with the aftermath of an accident can have a serious impact on a victim’s quality of life. That’s why it is critical to have a skilled personal injury lawyer who knows the importance of putting an accurate value on pain and suffering damages. 

Important Factors to Consider

There is no set formula for the calculation of damages for pain and suffering, as each case is unique and every injured victim copes with their physical and emotional hardships in their own way. However, accident attorneys take a number of factors into account, including:

• The type and severity of a victim’s injuries

• Whether they have suffered disfigurement or permanent disability

• The impact a victim’s injuries have had on their daily activities 

• Whether they will be able to work or do the things they used to enjoy

• The duration of their recovery 

• Whether it is possible for a victim to fully recover from their injuries

• The physical pain associated with their injuries

• Any stress, fear, depression, and anxiety caused by their injuries

• The impact a victim’s injuries have had on their personal relationships

A good attorney will know what type of evidence is required to show the extent of pain and suffering. Evidence such as personal journals, medical records, and expert witness testimony can all play a role in building a solid claim for pain and suffering damages. 

Methods for Calculating Pain and Suffering Damages

In some cases, pain and suffering damages may be calculated using the multiplier or per diem methods. 

When using the multiplier method, your lawyer will take the total amount of your medical bills and multiply it by 1.5 to 5 times to calculate pain and suffering damages. Usually, the more severe your injuries are and the longer it takes to recover, the higher the multiplier will be. 

With the per diem method, the number of days from the date of your injury to the date your doctor releases you is multiplied by a daily rate (per diem). For example, if your per diem is $300 and it took you 500 days to recover, you would claim $150,000 in pain and suffering damages. 

Your attorney will assess your specific circumstances and consider the facts of your claim and the impact of your injuries to determine a reasonable amount for pain and suffering damages. Before accepting a settlement, it is also a good idea to speak to an estate planning attorney to ensure that any compensation you receive is distributed as you wish in the event of your passing. 

Understanding the multifaceted aspects of pain and suffering damages can be challenging. Contact a Pennsylvania personal injury lawyer to find out more about how they can help protect your rights and interests.   

This blog was originally posted on https://www.pa4law.com/how-much-is-pain-and-suffering-worth-in-a-personal-injury-claim/

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How Do I Know if I Have a Medical Malpractice Claim?

Although most physicians and health care providers do their best to protect the health and safety of their patients, medical errors do happen. Understanding what might constitute medical malpractice and the elements that go into a claim can help you decide whether you may need the assistance of a medical malpractice law firm. 

Elements of Medical Malpractice Claims

There are several basic requirements that must be met for a medical mistake to be considered malpractice.

Evidence of a doctor-patient relationship. You must show that you had a patient-doctor relationship with any physician you are suing. In most cases, it is easy to prove that a relationship existed if a doctor is seeing and treating you directly. Things can get murky when someone tries to sue a consulting physician that did not provide direct treatment. 

The health care provider was negligent. To have a valid claim for medical malpractice, you must show that the physician caused you harm in a way that under the same circumstances, a competent doctor would not have. 

The doctor’s negligence caused the injury. In cases involving patients who are already sick or injured, it can be challenging to prove that a physician’s actions (or inaction) caused harm. That’s why it’s critical to seek the counsel of top-rated personal injury lawyers who are well-versed in handling medical malpractice cases if you believe you or a loved one has been the victim of a medical error. 

The injury led to damages. Regardless of whether a doctor was negligent, if a patient did not suffer any harm then there is no medical malpractice case. Some examples of damages that could be compensable include physical pain, additional medical bills, mental anguish, and loss of earning capacity. 

Signs That You May Have a Medical Malpractice Claim

The prescribed treatment is not helping you. In some cases, treatment does not work because a patient has been misdiagnosed. This can leave you at risk of becoming more ill or developing further injuries. It can also lead to unnecessary treatments or a patient taking medications with risky side effects for no reason. 

Lack of follow-up from your doctor. It can be frustrating when you are given a diagnosis and cannot get your medical provider to address your questions or concerns. If your physician does notfollow up, rushes through without answering questions, or does not give you enough information, your condition could get worse. A competent physician should always take a patient’s concerns seriously and discuss treatment in detail.

You sustained injury due to a surgical or medical error. Every surgery carries some kind of risk. However, if you were hurt or lost a loved one due to an error, medical providers may be held accountable. Some common examples include:

• Infection due to improper sterilization of instruments

• Receiving the incorrect surgery

• Medical instruments being left in the body

• Injuries sustained from your body being carelessly handled during surgery or a hospital stay

• Anesthesia errors

• Improper administration of medication

• Errors or injuries due to understaffing

Lack of informed consent. Your physician should always explain the benefits and risks of any treatment or procedure before performing it. That is why most doctors, dentists, and medical facilities require patients to sign informed consent forms before commencing treatment. 

If you believe you have been wrongfully injured by a medical professional, contact a Pennsylvania medical malpractice lawyer.

This blog was originally posted on https://www.pa4law.com/how-do-i-know-if-i-have-a-medical-malpractice-claim/

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