Why You Should Update Your Estate Plan After Having a New Child or Grandchild

Wanting the best for the children in your family is an essential aspect of being a parent or grandparent. Welcoming a new family member is exciting, but it’s important not to overlook the need to update your estate plan. Asking your lawyer to draw up a will or amend an existing one can give you peace of mind and ensure your children and grandchildren are well taken care of after you’re gone.

Update Your Will

If you’re a parent, your child should be added as a beneficiary in your will. If you fail to do this, the child may be excluded from receiving the inheritance you intended.  It’s especially important if you are divorced or have a blended family, as things can get tricky when there is no will or a will is not specific about how assets should be distributed.

Not only that, it’s vital to appoint a legal guardian for your minor children to ensure they are cared for by someone you trust if something unfortunate were to happen. If you’re a grandparent who wants to make sure your new grandchild is included as a beneficiary of your estate, you should update your will to reflect this as well.

Consider a Revocable Trust

It’s also a good idea to talk to your family estate planning attorney about whether a trust may be a beneficial option for the child. A revocable living trust is a legal arrangement in which you can name someone to manage assets on your beneficiary’s behalf. You can add or take out funds or property or terminate the trust while you are alive. However, when you die, the trustee will manage the assets for your child. Because trusts typically don’t have to pass through probate, this means beneficiaries will be able to have access to the funds immediately after your passing. Trusts can also provide some tax benefits and are useful tools for ensuring that money or property intended for beneficiaries isn’t mismanaged and is used according to your intentions.

Review Powers of Attorney

Both healthcare power of attorney and financial power of attorney are critical estate planning documents that protect your rights and interests while you are still alive. Although no one likes to think about what could happen if they become ill or incapacitated, having someone you trust to make medical and financial decisions when you are unable to do so not only protects you – it safeguards your children’s future.

When you have a new child, make sure your powers of attorney are up to date and that you still want the people you’ve chosen to make these decisions for you. This can save your loved ones a lot of grief and have a direct financial and emotional impact on your children or grandchildren, regardless of age. A Pennsylvania estate planning attorney can take a comprehensive look at your estate plan and advise you of the best way to protect your assets and your family’s well-being.

Do you need assistance with updating your estate plan or creating a new one? Our wills lawyers in Chester County can help.

This blog was originally posted on https://pa4law.com/why-you-should-update-your-estate-plan-after-having-a-new-child-or-grandchild/

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What You Need to Know About Prescription Drug Laws in PA

Drug crimes are usually associated with illegal substances such as heroin or cocaine. However, prescription drug abuse has also become a serious problem in the United States. A conviction for illegal possession, sale, or distribution of prescription can have a devastating impact on all aspects of your life. If you’ve been charged with a crime, a drug defense lawyer can help you understand prescription drug laws in PA and any potential penalties you may face.

Drugs That Are Illegal Without a Prescription in PA

With the exception of steroids, most prescription drugs that are illegally sold or possessed are used for conditions such as anxiety, pain, sleep disorders, and behavioral disorders like ADHD.

Both federal and state laws prohibit the unauthorized possession of certain prescription drugs, including:

● Benzodiazepines such as Valium, Xanax, Klonopin, and Ativan

● Narcotics such as Oxycontin, Percocet, Vicodin, Demerol, Morphine, Codeine, and Tramadol

● Amphetamines such as Adderall and Ritalin

● Sleeping pills such as Ambien and Lunesta

● Anabolic steroids such as Winstrol and Equipoise

Prescription Drug Crimes in Pennsylvania

Prescription drug crime charges vary depending on the type of drug, the amount in your possession, whether you intended to distribute it, and prior criminal history. This includes obtaining drugs through fraudulent means such as altering a prescription, stealing a physician’s prescription pad or forging his or her signature, and using someone else’s prescription.

Some examples of prescription drug crimes and their penalties under Pennsylvania laws include:

Simple Possession

If you purchase or obtain prescription drugs from another person illegally, you may be charged with simple possession, which is usually a misdemeanor. Penalties can include prison time, driver’s license suspension, and up to $25,000 in fines depending on whether you have previous drug crime convictions.

Possession with Intent to Deliver

Although many people think that anyone charged with intent to deliver must possess and sell a large quantity of drugs, this is not always the case. In Pennsylvania, even if you simply give a friend a pill you were prescribed, you may be charged with a felony prescription drug crime that could result in up to 15 years in prison and $250,000 in fines. If you are charged with possession with intent to deliver or distribute within a school zone, penalties may be harsher.

Other Prescription Drug Crimes

Doctors, pharmacists, and other health care professionals may face criminal charges for illegally selling or distributing prescription drugs. Other felony charges include unlawful manufacturing of prescription drugs and prescription drug trafficking which are very serious crimes that come with severe penalties.

It’s also possible to be charged with a DUI if you have any amount of certain prescription drugs in your system, even if you have a valid prescription. In this case, it’s critical to find an experienced drug DUI defense attorney who understands how to defend this type of charge.

If you’re facing prescription drug charges in Pennsylvania, our criminal justice lawyers can safeguard your rights and ensure you receive the best defense possible.

This blog was originally posted on https://pa4law.com/what-you-need-to-know-about-prescription-drug-laws-in-pa/

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Top 5 Tips from a Criminal Defense Law Firm on How to Win Your Case

If you’ve been charged with a crime, you may be curious about what you can do to help your criminal defense lawyer win your case. Although each circumstance is different, there are simple things you can do that can be of benefit to you. These five tips can help ease some of the stress you’re feeling and lead to a better outcome for your case.

1. Remain Silent

One of the easiest ways to sabotage a criminal case is to speak with police or prosecutors without an attorney present. If you believe you’re innocent, you may think the best way to clear things up is to tell your side of the story. This rarely works to a defendant’s advantage. Seemingly innocuous statements can be twisted and used against you. If police begin to question you, ask for an attorney and do not speak until they arrive. It’s best to avoid speaking about your case to anyone but your lawyer throughout the process, including family and friends.

2. Hire an Experienced Criminal Defense Attorney

You wouldn’t ask your primary care physician to perform brain surgery, so why would you hire a lawyer who’s short on experience in criminal law? For example, if you’ve been charged with possession of a controlled substance, you want to hire a drug defense lawyer who is well-versed in handling cases like yours. Don’t hesitate to ask potential attorneys how long they’ve been practicing criminal law, how much of their practice it entails, and whether they’ve successfully defended cases similar to yours.

3. Provide as Much Evidence as You Can

Strong cases are built on a solid foundation of evidence. Think about what you can provide to your attorney that will be helpful to your case, and document as much as you can. Whether it’s witnesses who can back up your alibi or phone records that show where you were at a certain time, no detail is too small. The more documentation and evidence you can share with your attorney, the easier it will be for you to work together to build a solid case.

4. Be Honest with your Lawyer

It can be tempting to lie or omit certain details to make yourself look better, especially if you’ve been charged with a crime like sexual assault. Your defense lawyer needs to know the truth about everything that happened, even if it’s hard to face. Sex crimes attorneys have heard it all, and their job is to provide you with a defense, not judge your actions. If you fail to stick to the facts and don’t tell the whole truth, you may be in for some surprises that could cause your defense to fall apart down the road.

5. Do Your Part

It’s vital to listen to your attorney and do as they advise. It’s okay to ask questions and have discussions if a conflict arises, but ultimately they know the law and which defense strategies may work best for your case. You can also do your part by keeping a low profile and staying out of trouble. Always be respectful of the court, stay humble, and put your best foot forward with a neat appearance in the courtroom. Failing to present your best possible face to a judge and jury can have a negative impact on your case.

If you or a loved one is facing criminal charges, our experienced defense lawyers and top DUI attorneys in Pennsylvania can help.

This blog was originally posted on https://pa4law.com/top-5-tips-from-a-criminal-defense-law-firm-on-how-to-win-your-case/

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Thinking About Bringing a Domestic Violence Case? Here’s a Checklist That Can Help

Victims are often afraid to bring domestic abuse charges against a spouse or partner. However, taking steps to hold your abuser accountable can enable you to get the help you need and free you from the chains of a violent relationship. Hiring a lawyer for domestic violence victims and documenting abuse, stalking, and other incidents can help back up your claims and provide evidence in a criminal case or divorce proceedings.

Documenting Abuse

If you’re considering taking legal action against an abusive partner, it’s important to gather as much evidence as possible. Documenting their abusive behaviors is also a critical component of building a case against them. Although each state has different rules about which type of evidence is permissible, some things to consider include:

• Date-stamped pictures of your injuries

• Photos of broken items and your home in disarray after violent episodes

• Photos of weapons your abuser has used or threatened to use against you

• Police reports from when you or a witness called the police

• Medical reports that document your injuries

• Any diaries or calendars documenting the abuse

• A list of people who are aware of the abuse or have witnessed it

Digital evidence, such as texts, emails, IMs, missed phone calls, and voicemails can be invaluable in a domestic violence case. Taking screenshots and sending them to someone you trust or saving them somewhere safe (not on a personal device) can help in case you lose your phone or your abuser takes it from you. These items also provide valuable evidence you can bring to a divorce attorney consultation.

Items to Take with You

When planning to leave an abuser, it’s a good idea to collect certain items ahead of time. If possible, give them to a loved one for safekeeping. These include:

• Identification for yourself and your children, including driver's licenses, passports, birth certificates, social security cards, and green cards or other immigration paperwork

• Documents such as your marriage certificate, divorce decree, custody and child support orders, protection from abuse orders, health insurance cards, vaccination records,  banking information, leases or deeds, and vehicle titles and insurance cards

• Address book and/or list of emergency contacts 

• Copies of keys to your home, vehicles, and safety deposit box

• Cash, credit cards, ATM cards, and checkbook

• Items of value if you don’t have access to cash or bank accounts

• Clothes

• Medications and prescriptions

• Family photos, keepsakes, children’s toys, and other items that give you comfort

Don’t Hesitate to Lean on Loved Ones

Friends and family who are aware of the situation or have observed the abuse can provide valuable witness testimony in domestic violence cases, so don’t hesitate to confide in someone you trust. You may also want to ask a reliable loved one if you can stay with them when you leave.

Sadly, it’s not uncommon for abusers to isolate their victims. If you don’t have anyone close to you who can offer a helping hand, make sure to look into domestic violence resources such as shelters and victims’ services. Your divorce attorney or child support lawyer can also provide compassionate support and help you find resources to make a safe, clean break from an abusive relationship.

Whether you’re a victim of domestic violence or you’ve been wrongly accused, our West Chester, PA divorce lawyers and criminal attorneys can help protect your rights and advise you of your options.

This blog was originally posted on https://pa4law.com/thinking-about-bringing-a-domestic-violence-case-heres-a-checklist-that-can-help/

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When a Doctor Deliberately Causes Medical Injuries

Most people visit the doctor or hospital with the expectation that physicians and other healthcare professionals have their best interests in mind. Although it’s rare, unfortunately, there are professionals in this field that cause deliberate harm. The best malpractice attorneys understand that these types of claims can be hard to win, but in some cases, justice does prevail.

Types of Damages in Medical Malpractice Cases

Depending on the specific circumstances of a claim, personal injury lawyers may be able to help injured victims recover three types of damages.

General damages are economic losses that can be quantified, such as the cost of medical bills and past and future loss of income. Special damages include pain and suffering, emotional distress, loss of enjoyment, and other non-economic damages.

Both general and special damages are considered compensatory damages, which means they are intended to “make the plaintiff whole.” However, in cases involving particularly egregious or careless acts, punitive damages may be awarded. Punitive damages are not intended to compensate the victim. Rather, they are awarded to punish the wrongdoer and deter others from committing similar acts in the future.

What Does Medical Malpractice Insurance Cover?

In cases involving medical mistakes or negligence, medical malpractice insurance typically covers all three types of damages. However, things can get tricky when a doctor deliberately causes harm to a patient. Most malpractice policies state that when a physician deliberately causes injury or covers up a criminal act, insurance coverage does not apply. This means that if your doctor caused deliberate injuries, you may have to bring a lawsuit against them personally to recover damages. They may also be subject to criminal charges if the state decides to prosecute them for criminal acts.

Claims Against Hospitals or Health Care Systems

It’s important to understand that suing your doctor may not be your only possibility for recovering compensation if you were deliberately harmed. If a hospital or health care system employed or contracted with the physician, they may also be on the hook for damages.

Hire an Experienced Medical Malpractice Attorney

Medical malpractice cases are complex. When deliberate acts of harm are involved a claim can be even more challenging to prove. If you’ve been hurt or have lost a loved one and you believe a healthcare professional may have committed wrongdoing, a medical malpractice attorney can evaluate your case, determine whether you have a viable claim, and investigate all possible avenues for compensation.

Medical malpractice laws and damage caps vary widely by state, so it’s critical to hire a lawyer who’s familiar with the laws in the jurisdiction where the harmful acts took place. In some states, there are patient compensation funds or excess recovery funds that may be utilized by patients seeking compensation for medical injuries.

Our malpractice lawyers in West Chester, PA are well-versed in handling cases involving physicians and other healthcare professionals who cause deliberate injuries or death. You can trust our compassionate team to fight for your rights and help you hold responsible parties accountable for their actions.

This blog was originally posted on https://pa4law.com/when-a-doctor-deliberately-causes-medical-injuries/

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How a Breast Cancer Misdiagnosis Led to an Unnecessary Double Mastectomy

Receiving news of a cancer diagnosis is distressing. Darrie Eason, a single mother from Long Island, NY was diagnosed with an invasive form of breast cancer in 2006. After having a double mastectomy, she found out she never had cancer at all. The lab that handled her biopsy was responsible for this error, and she retained a medical malpractice attorney who helped her recover compensation for this devastating medical mistake.

Misdiagnosis After a Second Opinion

Before undergoing treatment, Darrie consulted another physician for a second opinion and was again misdiagnosed with cancer. Unfortunately, this doctor used the information from the same mislabeled biopsy sample, which belonged to another woman.  After receiving the second opinion, she opted to have both breasts removed and underwent the first phase of reconstructive surgery.

The next step was chemotherapy. However, before she started this phase of treatment, the surgeon who had sent the removed breast tissue to the lab contacted her with shocking news: she didn’t have cancer. When asked how she felt when she found out her breasts were removed for no reason, she simply said, “You can’t even explain it.” This development also meant that the woman whose sample had been switched had globular breast cancer and had been misdiagnosed as being cancer-free.

How Did This Happen?

The New York State Department of Health investigated the lab that handled her biopsy samples, CBL Path medical laboratory. Its report stated that the likely source of the error was not a system breakdown but the lab technician engaging in a practice called batching. This process involves handling more than one tissue sample at a time. However, Steven Pegalis, Darrie’s medical malpractice attorney, wasn’t convinced. He found it hard to believe that it was a one-time event that occurred because of an individual’s carelessness.

Another issue this tragedy brought to light is the importance of patients asking for an additional lab report on tissue samples when seeking a second opinion. It also shows that medical labs evaluating tissue samples should always handle them one at a time and double- or triple-check the patient’s identifying information.

Darrie’s Medical Malpractice Claim

The best medical malpractice lawyers in Pennsylvania know that these types of cases can be notoriously difficult to win, so it’s critical to take the time to thoroughly investigate what happened and who may be liable.

Darrie’s lawyer waited a year to file a medical malpractice suit against the lab that processed her tissue sample. They wanted to make sure they brought a claim against the right parties, as the physicians and surgeons who treated her did so in good faith based and were unaware that the results were flawed. There was some conflict between CBL Path and their insurer about settling the claim without litigation, however, they ended up reaching a settlement agreement without going to trial. Although Darrie recovered monetary compensation, her life has been forever changed.

If you or a loved one has suffered injuries or losses due to a medical error, you don’t have to go it alone. Our experienced, compassionate medical malpractice lawyers in Delaware County, PA can evaluate your case and advise you of your options.

This blog was originally posted on https://pa4law.com/how-a-breast-cancer-misdiagnosis-led-to-an-unnecessary-double-mastectomy/

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How a Sexual Assault Case Can Affect Your Professional Life

Being accused of a sex crime can have a negative impact on all aspects of your life, including your career. If you are convicted, the social stigma of having a criminal record and being branded a sex offender has far-reaching consequences that can affect your family, relationships, reputation, and quality of life. If you are facing sexual assault charges, hiring an experienced criminal defense attorney to mount a solid defense and limit the impact on your employment/profession is critical.

Termination of Employment

Sexual assault charges may prompt your employer to suspend or terminate your employment. Although there are laws that prohibit discrimination on the basis of race, gender, religion and other factors, Pennsylvania is an “at-will” employment state. This means that an employer can fire an employee at any time for any reason, unless it is illegal, such as discrimination as defined by the law.

Many employers have specific procedures and policies for dealing with different circumstances, including criminal charges and convictions. You and your sex crimes lawyer should carefully review the conditions of your employment and any contractual agreements you may have with your employer.

If your sexual assault case prevents you from completing your assigned duties and responsibilities, one possible solution is for your employer to suspend you without pay or grant leave until your legal matters are settled. Unfortunately, a conviction for a sex crime will most likely result in termination.

There are different levels of sex crimes in PA. If you have a positive, longstanding relationship with your employer, it might be advantageous to have an honest talk about it and try to work something out that enables you to keep your job.

Revocation of Professional Licenses

A sexual assault conviction may also result in the revocation of your professional or occupational license and prohibit you from obtaining one in the future. This does not just apply to sex crimes – a drug conviction or DUI can also impact professional licensure.  Some common professions that may be affected due to a criminal conviction include:

• Health care providers such as doctors, nurses, dentists, and pharmacists

• Teachers

• Child care providers

• Attorneys 

• Law enforcement officers

• Firefighters

• EMTs

• Truck drivers

• Social workers

• Massage therapists

• Other professionals

Employment Disqualification

The long-term repercussions of a sexual assault case or other criminal conviction can present a serious obstacle to finding employment. Even something that may seem minor, like violating a protection from abuse order, may show up in a criminal background check. Moreover, if you are convicted of a sex crime, you will likely be required to register as a sex offender for at least 10 years or more.

Our experienced criminal defense attorneys fight to protect your rights and advise you of the best course of action to preserve your reputation, freedom, and professional standing.

This blog was originally posted on https://pa4law.com/how-a-sexual-assault-case-can-affect-your-professional-life/

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