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/

Read More

Wrongful Death Due to Air Embolism. Do You Have a Malpractice Case?

A somewhat rare occurrence, air embolisms are typically preventable when proper precautions and procedures are followed. Unfortunately, sometimes health care providers and facilities are not as careful as they should be, which can lead to tragic results. If someone you love passed-away due to an air embolism, finding good medical malpractice lawyers to evaluate your case is vital. Although no amount of money can bring back your loved one, an attorney can determine whether you have a viable wrongful death claim and advise you of your options.

What Is an Air Embolism?

An air embolism occurs when air bubbles enter the bloodstream and block a vein, artery, or blood vessel. When these air bubbles travel to your brain, heart, or lungs, it can cause heart attack, stroke, brain damage, respiratory failure, or other serious conditions. In some cases, air embolisms causes death.

Causes of Air Embolisms

Air can get into veins and arteries in several ways, usually during an injection, surgery, or while an IV is being placed. In a medical setting, an embolism may be caused by:

• Holes in tubing or catheters

• Defective tubing or catheters

• Improper priming of IV tubing

• Improper insertion or removal of an IV line

• Direct injection of air into a vein

• Defective heart stent

• Open heart surgery

• Blood transfusion

• Medication complications

If there is trauma to the lungs, ventilator-induced pulmonary embolisms can occur when a ventilator forces air into a damaged vein or artery. Because they provide direct access to the venous system above the heart, IV lines in jugular veins can also be a risk for air embolism. For an air embolism to develop from a central IV line, a sufficient amount of air must enter the system. Medical malpractice lawyers in Chester County, PA often employ medical experts who know how to determine whether an air embolism was involved in a patient’s death.

Preventing Air Embolisms

Physicians, nurses, and other health care professionals are trained to prevent air embolisms and to monitor patients to detect symptoms of embolisms during surgeries and other medical procedures. For example, patients are more likely to suffer from an air embolism if they are in a sitting position during an IV procedure, so proper positioning is vital. A pulmonary artery catheter or ultrasound can be used to detect air bubbles during surgery, and using an air occlusive dressing when a line is removed can help prevent air embolism.

How Do You Know If You Have a Case for Wrongful Death?

If you believe the negligence of a health care provider or facility caused your loved one’s death, seek the counsel of medical malpractice lawyers in Chester County, PA.  In most cases, air embolisms are preventable. However, you still have to prove negligence in a medical malpractice or a wrongful death claim. There must be evidence that a health care professional or facility provided substandard care, caused the embolism, failed to diagnose it, or failed to properly treat the condition.

An air embolism can sometimes be identified when reviewing medical records, especially if a CT scan was performed after symptoms appeared. The best medical malpractice lawyers in Pennsylvania understand how to properly investigate these types of cases. They typically enlist medical experts, review medical records, gather witness testimony, and thoroughly investigate the circumstances of the death to put all the pieces of the puzzle together.

Do you need help determining whether you have a medical malpractice or wrongful death claim? Our malpractice attorneys in Chester County, PA can evaluate your case and advise you of your options.

This blog was originally posted on https://pa4law.com/wrongful-death-due-to-air-embolism-do-you-have-a-malpractice-case/

Read More

What to Do If Your Co-Parent Won’t Follow a Child Custody Agreement

When couples split up, some of the most contentious issues involve their children. Although many parents try to make custody and visitation agreements work, sometimes they just cannot get on the same page. The best child custody lawyers know that when dealing with someone who refuses to follow a parenting plan or child custody order, it’s important to put your children’s best interests at the forefront. Taking these steps can help protect your rights and reinforce the terms of your custody order. 

Document Everything  

Whether your co-parent frequently brings your child home late or you’re dealing with a more serious matter like being denied access to your kids, proper documentation is crucial. Keep a calendar of scheduled parenting time, school events, appointments, and other items. Writing down what may seem like insignificant details can help make your case to modify or enforce a custody agreement. Be sure to keep a record of:

• Failing to pick-up or return the children on time 

• Cancelations and missed parenting time

• Failing to inform you about important events or issues

• Badmouthing you to or in front of your children

• Drug and alcohol use

• Disputes about education or health care

It’s also a good idea to save screenshots of evidence such as social media posts, texts, DMs, emails, and other communications related to your children and parenting plan. Good child support lawyers also advise documenting missed child support payments and other financial matters such as job and income changes. 

Address Issues Outside of Court

Communication is key when it comes to creating a successful parenting plan. Sometimes a parent’s behavior is unintentional, so it’s best to talk with your co-parent before taking any legal action. If this avenue has been unsuccessful, contact your attorney and ask him/her to write a letter that outlines why you believe your ex is not following your agreed-upon parenting plan. 

In some cases, formal mediation or other alternative dispute resolution methods may be necessary to sort- out custody issues. A formal court hearing can end up being quite costly and time consuming. Settling child custody disputes outside of the courtroom can be much more expedient and less expensive. Any agreement you reach can then be authorized and ordered by the court. If you don’t have a lawyer, find an affordable divorce attorney  to assist you with mediation to ensure that your rights are protected. 

File a Motion for Contempt

If all else fails, your attorney can file a motion for contempt with family court. That way, your co-parent will be forced to address the issue and explain to a judge why he/she is violating your existing custody agreement. Providing a well-documented proof of a pattern of behavior can also help the judge get a better understanding of exactly what is going on. 

If you need help with enforcing a parenting plan, our custody lawyers in Chester County, PA can help. It is also a good idea to consult a family estate planning attorney after any major life event such as divorce, marriage, or the birth of a child.

This blog was originally posted on https://pa4law.com/what-to-do-if-your-co-parent-wont-follow-a-child-custody-agreement/

Read More

Updating Your Estate Plan After Divorce

Divorce often involves a lot of change in a short period of time, so it can be easy to overlook important issues like updating your estate plan. If you’ve recently been divorced, you’ll need a lawyer to draw-up your Will, draft updated powers of attorney, and help make other adjustments to your estate plan that reflect your goals and wishes for this new stage of your life. 

Write a New Will

Your family estate planning attorney will most likely recommend that you start fresh after your divorce and create a Will that names a new executor. This ensures that your previous Will is revoked and can eliminate confusion and conflict in the event of your passing. 

Revisit Guardianship of Minor Children

If you are co-parenting and on good terms with your former partner, you may have agreed to keep guardians for minor children as they are. If you want to change who you specify as guardian in your estate plan, the best divorce lawyers in Delaware County, PA advise clients to discuss it with their family law attorney and estate planning lawyer before making any revisions. Any custody or guardianship decisions that are specified in your divorce settlement agreement must be taken into consideration.

Update Your Advance Directive and Powers of Attorney

Most married couples designate their spouse to make health care and end-of-life decisions for them. If your divorce was amicable and both parties agree to maintain the status quo, you don’t have to change anything. However, if you are concerned about who should make these decisions in the event of your incapacitation, it’s important to change the agents you named in your power of attorney for health care and advance directive. The same goes for power of attorney for finances. You can revoke powers of attorney at any time, including during the divorce process. An attorney can ensure that that existing powers of attorney are properly revoked and help you create new ones. 

Name New Beneficiaries

It’s also essential to update beneficiaries on the following:

• Life insurance policies

• IRA, 401(k), pension, or other retirement accounts

• Bank accounts

• Investment accounts

• Real estate with transfer-on-death deeds

• Vehicles with named transfer-on-death beneficiaries

Any accounts you have that require the naming of a beneficiary should be updated after your divorce. 

Update Trusts

Top probate lawyers often recommend a revocable living trust as part of an estate plan, which can allow an estate to avoid probate. If you and your ex-spouse had a joint trust, assets held in it may have been divided in your divorce. In this case, your trust may have already been revoked or dissolved. Regardless, it’s important to make sure you create a new trust or update beneficiaries of any trusts you have to reflect your wishes. 

If you’re splitting-up with your spouse or need assistance with sorting-out estate planning after your divorce, an affordable divorce attorney can help you understand your rights and protect your interests.

This blog was originally posted on https://pa4law.com/updating-your-estate-plan-after-divorce/

Read More

How Posting On Social Media Can Jeopardize Your Personal Injury Claim

Although it provides benefits like keeping in touch with loved ones who are far away, social media can work against you in a personal injury claim. Personal injury lawyers in Chester County PA advise clients to limit social media posts or deactivate their accounts until after a claim is settled. Here are some common reasons why. 

Social Media Posts Are not Private – They Can Be Used As Evidence

Anything you post on the internet should be considered public, even if you set-up your accounts with strict privacy controls. Insurance companies and their lawyers are always looking for reasons to deny or minimize personal injury claims. They scour injured victims’ social media accounts to find anything to discredit their claims or downplay their injuries and losses. 

Photos, posts, and comments from friends and family are also fair game in a personal injury lawsuit. For example, you may make an innocuous post with a photo of a beautiful mountain where you once hiked. If a family member comments on it and says something like “I bet you’ll be traveling after you get your huge settlement,” it can portray you in a negative light and give the defense fodder to impugn your character. Any accident or injury lawyer will tell you to be to be extremely cautious about what you and your loved ones put out there for the world to see. 

You May Contradict Yourself

It is important not to post any information or commentary at all about your accident, injuries, or claim. Regardless of what you write, your words may be twisted to make it appear like you are just in it for the money or faking your injuries. 

Without even realizingt, you may contradict claims that you made about the accident or the severity of your injury. For instance, if you suffered whiplash in a car accident and post about going golfing on social media, an insurer or their attorneys may use it to challenge the validity or severity of your injuries. 

Check-Ins Can Hurt Your Case

Check-ins on Instagram, Facebook, Twitter, and other social media sites can also show that you are doing things that would not be possible if your injuries are as serious as you claim. Something as simple as taking your kids to an amusement park and checking in can jeopardize your case, even if you do not participate in activities while you are there. If your Pennsylvania personal injury lawyer advises you not to check in on social media, it isbest to heed their warning. 

Deactivating Your Social Media Counts is Best

Your injury lawyer will most likely advise you to deactivate your accounts until your case is completed. If you must use social media, refrain from posting anything personal. Limit your use to liking other people’s posts and sharing news articles, silly memes, funny animal photos, and other harmless items. Avoid commenting on others’ posts. Make sure to ask friends and family not to tag you in photos or mention anything about your accident, injuries, or case. All your social media settings should be set to private. 

If you or a loved one has been hurt in an accident, our personal injury lawyers in Chester County PA can advise you of your options and help you recover the compensation you deserve.

This blog was originally posted on https://pa4law.com/how-posting-on-social-media-can-jeopardize-your-personal-injury-claim/

Read More

Proving Fault in a Motorcycle Accident

One of the most important elements of any personal injury claim is proving who was at fault. In motorcycle accident cases, this can be challenging. Insurance companies often try to paint motorcyclists as irresponsible or reckless in order to deny claims. The best accident attorneys know how to refute these claims and put together evidence to create solid arguments that prove who was at fault. 

Evidence that Helps Prove Fault in Motorcycle Accident Cases

Proving fault in a motorcycle accident case is much like fitting the pieces of a puzzle together. It’s not just one piece of evidence that tells a story, but a combination of factors that build a strong case. Collecting relevant evidence in a timely manner is crucial, so if you are able to do this at the scene of the accident, you should. 

Vital evidence that can help prove fault includes:

Photos and damaged motorcycle gear. Take photos of the scene, damage to vehicles, and your injuries. If there are any skid marks or traffic signs and signals, make sure to get those in the pictures. It’s also important to take pictures of your helmet, the gear you were wearing, and your damaged bike. Make sure to keep these items, unaltered, in a safe place after the accident. A local injury attorney may use an accident reconstructionist to help prove fault in motorcycle claims. Photos and physical evidence like damaged gear can be valuable tools that help them determine how a crash occurred.  

Police reports. Always call 911 or local law enforcement after a motorcycle accident to ensure you get the medical care you need and to document what happened. Stay at the scene and speak to the police. If you can get a copy of the police report right there, make sure to do so. The report may contain important information such as statements from the other driver, witness statements, and the officer’s observations. Your attorney may also have responding officers testify in court if your case goes to trial. 

Camera footage. Surveillance and traffic cameras can provide valuable proof of how an accident happened and who was at fault. Time is of the essence, as many businesses record over surveillance footage within a week or even a few days. Top car accident lawyers will take action to obtain this footage as soon as possible to help prove your case. 

Witness statements.  A person who witnessed an accident can help substantiate claims of who was at fault. Witness statements are often powerful pieces of evidence, so make sure to collect contact information at the scene, and if possible, ask for a written or recorded statement while the incident is fresh in their minds.  

Your own journal. A diary can offer important details that may help prove your case. Pennsylvania personal injury lawyers often advise clients to keep a journal of the events that happened the day of the accident and document how they feel afterward. Try to write in your journal daily and keep track of your physical and mental condition, any pain you experience, how your injuries have affected your life, and keep track of medical appointments.  

If you or someone you love has been hurt in a motorcycle accident, contact our accident lawyers in Delaware County, PA  to learn more about how to protect your rights and interests.

This blog was originally posted on https://pa4law.com/proving-fault-in-a-motorcycle-accident/

Read More

Spouse Emptied Your Bank Account? Know Your Rights

Many married couples use joint bank accounts to pay bills, living expenses, entertainment, and incidentals. Typically, each spouse may make deposits and withdrawals, and joint bank accounts usually work well when a marriage is stable. However, if separation or divorce is on the horizon, things can get messy. One spouse may attempt to withdraw some or all of the funds in an account to ensure they have cash or to spite their partner. Even if you believe you can handle a split with your spouse on your own, finding an affordable divorce attorney can protect your rights.

Are Bank Accounts Considered Marital Property?

Property division laws vary from state to state. In Pennsylvania, both individual and joint bank accounts may be considered marital property. Even if a spouse has his/her own individual account, funds may be considered marital unless if they came from an inheritance or belonged to the person before the marriage. 

What Happens if My Spouse Withdraws Money from Our Bank Accounts?

Unless you and your spouse come to a mutual divorce settlement agreement outside of the courts, a judge will review all marital property and determine how to divide your assets. Although Pennsylvania is an equitable distribution state, this does not necessarily mean everything will be split 50/50. If one spouse withdrew a significant amount of money and was not authorized to do so, they may be penalized by the court. A judge may order them to:

• Return the funds to the bank account

• Give the other spouse property of equal or greater value

• Pay legal fees, fines, and other sanctions

• Reduce the percentage they receive when determining how marital assets are distributed

Family law attorneys sometimes request that the court place an order prohibiting either spouse from removing joint funds. If you and your spouse share a mortgage, car payments, or other joint debts, the court may allow them to be paid from a joint account. If your spouse takes all or a significant amount of money from your bank accounts, top divorce lawyers in Chester County, PA can help protect your rights. However, if you fail to contact an attorney right away, your spouse could easily spend the money and make it very difficult to recoup.

What if One Spouse Needs Money to Move Out?

If you believe it is best to leave the family home, it is important to keep records of any money you take and how it is spent. Withdrawing more than 50% of the money in a joint bank account will be scrutinized by the court. Keep track of rent payments and other living expenses so you have proof to show the court where the funds went. Some other factors that will be taken into consideration are child support payments, alimony payments, and any other financial issues specific to your case. Your Divorce attorney can advise you of the most effective course of action to protect your interests.

Our experienced divorce lawyers fight to protect your rights and help you understand the divorce process. If you are going through a divorce and need to update your estate plan, our top Divorce lawyers and Support attorneys can assist you with those issues as well.

This blog was originally posted on https://pa4law.com/spouse-emptied-your-bank-account-know-your-rights/

Read More