Considering Filing A Medical Malpractice Lawsuit? Here Are The Things You Should Know

Medical malpractice is difficult to prove because it is not based simply on whether or not your doctor (or another health care professional) made a mistake. You need the help of experienced medical malpractice law firm to establish some very important things – and establish them as facts – before a medical malpractice claim can be made.

Duty of Care

Duty of care is a key underlying principle on which any medical malpractice claim is based. Duty of care is what the doctor-patient relationship is all about. If you are under the care of a health care professional, he or she owes you the same duty of care that another professional would owe you if he or she had the same educational background and practiced in the same state. The question here is whether the doctor did what would have been expected of him or her when compared to colleagues in your area.

Breach of Duty

After you have established that the doctor owed you a duty of care, your malpractice attorney will investigate whether there was a breach of duty. In other words, was there something that should have been done that was not done or something that was done that should not have been done? We’ve all heard of cases in which a medical implement was left inside a patient after surgery. This is an example of a surgeon not taking the care that was expected in the performance of the surgery. This is more of a clear-cut breach of duty than, say, a misdiagnosis. Perhaps in your case, the doctor misdiagnosed your illness and then treated you for the wrong illness.  Although this is an unfortunate mistake, if the doctor performed the expected tests to reach the diagnosis, the case may not be considered a breach of duty. A good injury lawyer will understand the complexities of this determination.

Injury

If you have been able to establish a duty of care and a breach of duty, now you will determine whether an injury occurred because of the breach of duty. Let us suppose your doctor failed to order a certain test that he or she would have been expected to order, and because that test data was not available, the doctor did not treat your illness appropriately, and you became more seriously ill. Are you now impaired as a result of the serious illness? Impairment is often defined as an inability to carry-on the tasks of daily living and/or an inability to perform a job you had at the time you became ill.

Evidence

Before bringing a claim of medical malpractice, your attorney will collect evidence that supports your claim. This is critical because you are not a medical expert. You may think a mistake has been made and believe the doctor should have known better or should have acted differently, but your opinion doesn’t count. Most plaintiffs must produce medical experts who will testify to support your claim, as well as medical records that back-up your claim. Your attorney will know what kind of evidence is required, and this is another important reason to hire an experienced injury lawyer.

Correct Person or Entity

Another technicality is who you should be making the claim against. There may be an individual health care provider, or there may be a medical facility or system that is at fault (or both). This is another very important determination that your attorney will make.

Bringing a claim of medical malpractice is a complex action. If you believe you have been injured by a health care professional or entity, schedule a consultation now with an experienced medical malpractice attorney.

This blog was originally posted on https://www.pa4law.com/considering-filing-a-medical-malpractice-lawsuit-here-are-the-things-you-should-know/

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Planning To Hire An Estate Planning Attorney? Here’s What You Should Know

A very important step in creating your estate plan is hiring the estate planning attorney who will work with you. Estate planning is much more complex than simply drawing-up a Will, so you want to be sure you have the help of an attorney experienced in managing more complex estates. As you create the plan, you are likely to confront personal issues, so it’s equally important to have a positive personal rapport with your estate attorney.

Here are some questions to help you sort-out estate planning attorneys:

How much estate planning do you do?

You want to hear that the attorney does a lot of estate planning work because it means the attorney is up-to-date on laws and regulations in this complex area of law.

How long have you practiced this specialty?

An experienced estate planning lawyer will be able to provide strategic guidance for the benefit of you and your heirs. He or she also will have experience with difficult challenges presented by the courts or the IRS.

Who executes the plan?

Attorneys who specialize in Wills will tell you not all estate planning attorneys execute the plans they create. It’s best to have an attorney who will create and execute the plan so you can feel assured your wishes will be realized.

How often do you recommend periodic plan reviews?

There are a number of mistakes that can happen long after a plan is created just because life  “happened,” and the owner of the estate did not update the plan. There are cases where an ex-spouse has inherited because the current spouse wasn’t made a beneficiary or a child is unintentionally disinherited because he or she was born years after the plan was created. It’s important for your lawyer to call you in for periodic reviews as well as after you experience any major life event.

Flat fee or hourly billing?

Find out how your estate planning attorney will charge. Sometimes attorneys charge both ways, such as a flat rate for some services, and an hourly rate for other tasks. Inquiring about costs ahead of time can prevent unpleasant surprises.

What is your view on trusts?

Some attorneys recommend a revocable trust to nearly every client, and this type of trust does avoid the probate process according to most probate lawyers. However, this type of trust may not be right for you, as it does not avoid inheritance or income taxes.

How do you prepare clients for health issues that may arise years down the line?

Longer life expectancy means we all must prepare for disability and dementia. Make sure your attorney will help you to complete powers of attorney and health care directives.

Along with assessing whether your estate planning attorney has the right credentials and experience, it is important to gauge how well you connect with him or her as a person. You should ask yourself these questions about each attorney-candidate:

●    How comfortable do you feel talking with this attorney?

●    Does it seem like the attorney communicates clearly?

●    Do you feel a rapport that would allow you to discuss personal and emotional issues?

Hiring the right estate planning attorney for you is critical to the success of your plan. Reach-out as soon as possible to meet with qualified estate planning attorneys in your community.

This blog was originally posted on  https://www.pa4law.com/planning-to-hire-an-estate-planning-attorney-heres-what-you-should-know/

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Six Ways In Which A Lawyer Can Help You Avoid Estate Planning Mistakes

Every estate plan is unique in some ways, but they are similar in others. Unfortunately, the similarities sometimes are the mistakes that seem to get repeated over and over. A powerful reason to hire an estate planning attorney is to obtain the expertise that will help you avoid errors in estate planning.

1.    Comprehension

Pure and simple, it is often a matter of comprehension. Even very smart people may not understand their estate plan. Often, people feel embarrassed to ask questions that may reveal their lack of knowledge, or they feel the language in the documents is “over their head.” Attorneys who specialize in wills know how to walk you through your plan and make sure you understand:

●    how the plan works;

●    what steps you need to take to maintain the plan;

●    how it works for your heirs.

As your attorney walks you through the plan, take notes that you can refer to later. It may all seem clear now, but over time, the details may escape you.

2.    Beneficiaries

Top probate lawyers tell horror stories in which an ex-spouse inherits and the current spouse doesn’t, or a child or stepchild is excluded from a will because he or she became part of the family long after the documents were created. All of this can happen if your estate planning documents are not worded properly and reviewed periodically to reflect your current wishes and family configuration. Your estate planning attorney will schedule these meetings to ensure there are no unintended and unpleasant surprises for your heirs.

3.    Asset ownership

This is an area that also needs review over the years and as your life changes. You may own assets jointly with someone else, or the assets are in entities like limited partnerships or trusts.  Your estate planning attorney will review with you the assets named in your plan to determine if the structure still reflects your wishes and purposes. You may have long ago liquidated an asset, and its inclusion in your plan just adds unneeded complexity.

4.    Revocable or living trusts

This type of trust is often created for some specific purpose. The estate attorney prepares the agreement and all parties sign it. Then, titles to the assets must be transferred to the trust. This is not necessarily complex, but it must be completed for the trust to serve its purpose. You can count on an experienced estate attorney to follow up with you and make sure these details are taken care of.

5.    Coordination of trusts and retirement plans

Sometimes people name their living trusts as beneficiaries of their retirement plans. However, if it is not handled correctly, IRS rules that apply may result in increased taxes. Your attorney will make sure the correct language is used to qualify the trust as a see-through trust that retains tax deferral.

6.    Powers of attorney

Everyone should name at least two powers of attorney (one for finances, and one for medical decisions) because many of us will need this before the will and estate plan are called into play. Your estate attorney will make sure you have named powers of attorney and will review them with you periodically to make sure they reflect your current wishes.

There is no substitute for the guidance of an experienced estate planning attorney. Be sure to schedule your estate planning consultation with Perna&Abracht, LLC.

This blog was originally posted on https://www.pa4law.com/six-ways-in-which-a-lawyer-can-help-you-avoid-estate-planning-mistakes/

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Things You Should Know If You Are Accused Of False Medical Malpractice Claims

Health care professionals dread being accused of medical malpractice. Even if the accusation is false, it can be devastating both personally and professionally. There are steps you can take to protect yourself from these claims, and a good medical malpractice lawyer can suggest avenues of defense that can help to bring the case to the desired outcome.

Complete and up-to-date medical records

As they say, the best defense is a great offense. In terms of medical care, this means thorough documentation of every case, and of course, up-to-date charts. Your medical office must have and enforce a standard method of documenting cases that everyone in the office is required to follow. Do not leave charts to be finished at a later date, as they may not get finished properly. If any change or correction is made to a chart, you must document when and by whom it was made. Should you be the focus of a medical malpractice claim, do not alter the charts pertaining to that patient.

Obtaining effective representation

Do not ignore a lawsuit, as it won’t just “go away.” If you are accused of medical malpractice, you must seek a medical malpractice attorney with trial experience, as any case may go to trial. Your pi attorney is your most significant ally, and it is advisable to bring him or her in as soon as you are aware of a legal action against you.

Making time for your defense

Health care professionals are busy, and they rarely have any time for anything other than caring for patients. However, if you are accused of medical malpractice, you must find adequate time to assist your attorney in preparing your defense. If your attorney requests information from you, it is very important that you respond promptly and not make the attorney wait for information that could be critical in forming a successful defense.

Speaking of defenses, there are several types of defense strategies that have proven effective:

Accepted standard of care– Prove that your actions were within the accepted standard of care in your specialty and geographic location. The first thing a plaintiff’s attorney will look for is actions that do not meet the accepted standard of care, or inactions that rendered your care outside the accepted standard of care.

Cause of injury – Disprove that your actions caused the injury. Sometimes there is no factual correlation between treatment and the alleged injury. This is a defense that can work even if an error has occurred.

Emergency care – Prove that your services were rendered in a situation of medical distress. Good Samaritan laws protect health care providers from legal action in these types of EMERGENCY cases.

Statute of limitations – Prove the plaintiff waited too long to bring the medical malpractice claim. Every state has a statute of limitations on how long plaintiffs have to file such a claim. Your lawyer will know what the law is in your state.

There is a lot to know about medical malpractice to present an effective defense. Your actions in your practice and the date that you are accused of malpractice, can make a big difference. Contact a qualified medical malpractice attorney as soon as possible to discuss the next steps you should take.

This blog was originally posted on https://www.pa4law.com/things-you-should-know-if-you-are-accused-of-false-medical-malpractice-claims/

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The Benefits of Hiring an Estate Planning Attorney

It is easy to put off creating a will and other estate planning tools such as health care directives, powers of attorney and trusts. Also, it is easy to select an online provider to create the documents – but neither of these is your best option.  There are five outstanding reasons to hire an estate planning attorney now to create your estate plan and the related documents.

1.    Your will and other important documents will be created by an experienced professional. Think about those fill-in-the-blank documents that you find online. They are not much more than a type of form letter. When you hire an attorney, you can rest assured that the documents are customized to your specific goals and wishes. Your attorney will help you with any important steps that many people struggle with, such as selecting an executor or arranging guardianship for minor children. To be official, your documents must be witnessed and notarized, and your attorney will arrange this for you.

2.    Your estate plan will comply with laws in your state. Laws regarding probate and trust differ from state to state, and they do change over time. Your experienced estate planning attorney knows your state laws and stays current with changes. This offers you peace of mind that your documents are in compliance with your state.

3.    Your documents will express your exact wishes in the correct legal language. It should be no surprise that the correct legal language for estate documents can be confusing. Those who take a DIY approach to wills and other documents do not know for sure if their documents truly state what they intend them to state. And when will any errors be discovered? After your death, most likely, when the documents cannot be corrected. On the other hand, your attorney will thoroughly discuss your goals and wishes to clarify them. Your estate planning attorney already knows the correct legal language to express your wishes and ensure the documents accurately reflect those wishes.

4.    Keep your estate plan up-to-date. A proper estate plan looks years ahead to the end of your life, and it cannot predict every change or change-of-heart that might occur. These should be living documents that are revisited at appropriate times and altered as your goals and wishes might change. Your attorney will provide a thorough review and can advise you about what changes would be best and in what form the changes should be made. This presents the possibility of a codicil or amendment versus a new estate plan. Your attorney will guide you in a way that no DIY provider can do.

5.    Someone you and your family can trust. When you have a relationship with an estate attorney, you have a trusted resource who can answer your questions. Most importantly, your attorney is someone your family can turn to, should you become incapacitated, or after you have passed away. While your loved ones might be upset and grieving, your estate planning attorney is someone to guide them through estate settlement.

An estate planning attorney is far more than a provider of services. He or she is a professional who is prepared to “go the distance” at your side. Don’t delay the important task of creating your estate plan. Schedule a consultation with an estate planning attorney who will give you peace of mind.

This blog was originally posted on https://www.pa4law.com/the-benefits-of-hiring-an-estate-planning-attorney/

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How Durable Power of Attorney for Finances Works in Pennsylvania

A durable power of attorney for finances enables someone you have designated to manage your finances when you are no longer able to make financial decisions. A family estate planning attorney will tell you that this document is very important to your family, whether they know it or not. Should you become incapacitated without a durable power of attorney for finances, your loved ones will likely end up in court, asking a judge to allow one of them to pay bills, deposit checks, and manage your financial matters.

The person you designate with a durable power of attorney is called your agent (or attorney-in-fact). You may want to consider your agent as your backup and permit him or her to manage your finances when you are mentally capable, but unavailable due to traveling or some other circumstance. Spouses sometimes do this for one another.

In Pennsylvania, this means your agent is empowered to sell your real estate or other property without informing you or getting your permission.

When does it take effect?

Drafting this document is best handled by an attorney for will preparation. He or she can draft your durable power of attorney for finances, so it goes into effect when you sign it.  Or, the document may stipulate that the power of attorney becomes activated only after a doctor has certified that you are incapacitated. Called a “springing” power of attorney because it springs into effect after a doctor certifies that you cannot make your own decisions.

This might sound like the best approach, but it does present these potential problems for your agent:

•    Delay. It might take days or weeks for a doctor to certify your incapacity, and during this time your agent cannot manage your finances.

•    HIPAA/Privacy issues. Your agent needs proof that you permit the doctor to legally release information about your condition. Make sure you have signed a release form prior to incapacitation.

•    Definition of incapacity. This definition is not clear-cut. Your document will need to clearly define incapacity.

What your agent does

In your durable power of attorney, you can define your agent’s powers as to whether they are broad or limited. Some of the powers you assign may include:

1.    Paying your personal and household expenses;

2.    Buy, sell and mortgage real estate;

3.    Collect benefits from Social Security, Medicare, and others;

4.    Invest your money in the stock market;

5.    Do your banking and other financial tasks;

6.    File tax returns and pay taxes;

7.    Run your business;

8.    Manage your retirement savings and accounts.

There are safeguards, as the agent is obligated to act in your best interests, keep accurate records, maintain your property separately from his or her own, and avoid conflicts of interest. As long as you are not incapacitated, you may revoke a durable power of attorney at any time.

When does it end?

If you do not revoke it, a durable power of attorney stays in effect during your lifetime. When you pass away, the durable power of attorney ends. If you want your agent to handle your finances after your death, you would need to name the agent as the executor of your will.

Read more on why you need a will here.

Establishing a durable power of attorney is an important part of estate planning. Be sure to schedule a consultation soon with Perna & Abracht LLC.

 

This blog was originally posted on https://www.pa4law.com/how-durable-power-of-attorney-for-finances-works-in-pennsylvania/

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What does a Health Care Directive Consist of? Here is the Info.

Everyone has the right to choose his or her own health care interventions and treatments. Yet sometimes an individual is comatose or has dementia or some other debilitation and cannot make health care choices. In this case, a health care directive will express to medical personnel the wishes of the individual when he or she was still able to make health care choices.

A health care directive refers to not just one document, but several. If you don’t have a health care directive in place, consult with a lawyer that handles wills as soon as possible. Your loved ones may thank you, as you will be saving them from some very difficult choices at a later time.

Your Living Will

This is sometimes called a health care declaration. It is not the same as the will you would leave, directing disposition of property after you die. This truly is a document that is activated when you are still living, but no longer able to make your own health care decisions.

In your living will, you must state what kind of medical care you do and do not want to receive. The primary example of this would be indicating if and when you want doctors to end life-support measures such as ventilation or feeding tubes, even though you will die without them (i.e., “pulling the plug”).

The Durable Power of Attorney for Health Care

This important document might also be called your medical power of attorney. In this, your estate planning law firm helps you select a trusted person to name your medical agent (also called attorney-in-fact). He or she will make medical decisions for you if you become incapacitated to make decisions.

Who should you choose as your agent? To review quickly, this should be someone who:

•    Is assertive. Your health care agent may need to stand up to the medical establishment, and/or to family members who don’t agree with your directives. Medical malpractice lawyers will tell you there is always a chance that your agent will need to recognize when medical care has gone wrong.

•    Lives nearby. Your health care agent may be needed to be present for weeks or months to make sure your health care directives are carried out. This could be a particular burden if your agent lives in another city or state.

•    Can be your financial agent. Because medical care involves financial decisions, it’s best to give your health care agent a durable power of attorney for finances as well. If you are naming two separate people, make sure you select two people who can get along and make decisions together on your behalf.

Sometimes the combined living will and durable power of attorney are called the “advance health care directive.” 

DNR Order

This stands for Do Not Resuscitate, and it is a specific order one might give when hospitalized to tell health care personnel you do not wish to have certain life-saving measures. Usually this is given by a person who is terminally ill. However, if you are already incapacitated, you cannot give a DNR order. To make your wishes known, you may create a “prehospital DNR” which can be presented to paramedics if they are called to your home or care facility.

If you do not have these important health care directives in place, schedule time with an an experienced estate attorney who will guide you through the process.

This blog was originally posted on https://www.pa4law.com/what-does-a-health-care-directive-consist-of-here-is-the-info/

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