MALPRACTICE AT ROUTINE DOCTOR’S APPOINTMENTS

No one likes going for a medical checkup but, unfortunately, it is important to your overall health to do so. It is good to check in with a trusted medical professional on a regular basis to discuss any changes in your health or other concerns. Physicians should know how to best spend time with patients to identify any health issues and advise patients on how to lower the risk of developing certain conditions.

When you think of medical malpractice, you likely think of doctors making grave errors during surgery, the birth of a child, or other dramatic circumstances. However, medical mistakes can happen when you least expect it at a routine doctor’s appointment. Often, you may go in for a checkup with a general physician, OBGYN, ophthalmologist, or other doctors thinking that everything is completely fine. Some patients later discover that they have suffered an unnecessary injury because their doctor made a serious error during that appointment.

Doctors can make errors without being liable for medical malpractice. Malpractice happens when a doctor breaches the medical standard of care, which is providing the care that a reasonable and similarly trained doctor would provide in similar circumstances. For example, if your OBGYN makes an error, the following may be true:

• If another OBGYN would have possibly made the same error when presented with you as a patient, it may be a simple mistake and likely does not rise to the level of medical malpractice.
• If another OBGYN would likely not have made the same mistake based on the information provided during your appointment, the error likely constituted medical malpractice.

Often, identifying instances of medical malpractice requires analysis by other medical experts. In the above example, another OBGYN expert can review what happened and the conduct of your doctor and give their opinion whether your doctor met the standard of care or not. Each case will need to be closely examined based on the specific circumstances. However, the following is some additional information about common instances of medical malpractice that may occur during routine medical exams.

Failure to Diagnose

Most people do not go into a regularly-scheduled check up asking for a doctor to diagnose a condition. Instead, they may make a separate appointment if they suspect they have an illness or injury. That being said, part of a routine examination is for a doctor to question a patient about anything out of the ordinary and assess whether these may be indications of any new medical issues. In addition, a doctor should physically examine you and should be able to tell when something doesn’t feel or look right. In addition, doctors should perform the expected tests, review the results, and diagnose any abnormalities or illnesses.

If a doctor does not properly diagnose a condition that should have been apparent, the patient can be deprived of the treatment they need and may suffer preventable complications of their condition. In such cases, a patient may have a strong case for medical malpractice.

Not Recommending Certain Tests

There are some tests that doctors will routinely perform with every patient. Furthermore, doctors should recognize when a patient has a higher risk of developing certain conditions and perform any additional tests as appropriate. Risk factors can include age, weight, family history, medical history, taking certain medications, and more.

For example, once adults reach a certain age, they should undergo tests such as a colonoscopy, mammogram, prostate exam, or similar tests that identify conditions more common in middle to older age. If a patient’s mother and sister both had breast or ovarian cancer, the patient should likely undergo regular cancer screenings earlier than patients with no genetic history of cancer. These are only a few examples of situations in which doctors should order certain tests for certain patients.

Failure to recommend such tests can lead to a significantly delayed diagnosis of any conditions. If a patient did not undergo appropriate tests based on their risk factor, their condition can worsen and may even become life-threatening. Negligent doctors may be held liable for the losses of such patients.

Misreading Test Results

In some cases, doctors may order the right tests but may misread the results and, therefore, miss an important diagnosis. This can be true with many tests, including blood tests, x-rays, MRIs, biopsies, and many more. Reading the results correctly is an essential part of any medical test and if a doctor does not closely review test results in light of a patient’s medical history, they can fail to diagnose a condition and cause unnecessary injuries to a patient.

Prescription Mistakes

Many doctor’s appointments end with a physician handing a patient a prescription to have filled at a pharmacy or even giving a patient a sample medication to take home. Deciding which medications are appropriate is a huge part of any doctor’s job, though many harmful mistakes can happen during this process. Doctors may make the following errors, among others:

• Not review medical records or question patients regarding possible drug allergies
• Fail to know all of a patient’s current medications and supplements to determine whether any adverse drug interactions may occur
• Write a prescription for the incorrect type of medication or the incorrect dosage
• Fail to warn patients of possible side effects of a drug so they can make an informed decision about taking it

Prescription errors can cause serious problems for patients and often require additional medical care.

Contact a Philadelphia Medical Malpractice Lawyer for Help Today

At The Levin Firm, we know that medical malpractice can happen in any medical setting – even a routine doctor’s appointment. We also know how complicated the resulting legal case can be. Our firm has experience representing patients who have suffered serious injuries at the hands of physicians and other doctors they should have been able to trust. Doctors often try to avoid liability for malpractice and the losses of their patients, but the right attorney will know how to stand up for your rights. Please call 215-825-5183 or contact our office online to discuss a possible claim today.

HOW LONG DOES IT TAKE TO RESOLVE A CAR ACCIDENT CASE?

Car accidents can upset and overwhelm anyone—and always leave massively expensive medical bills behind. If an accident injured you, you may feel at a loss for how best to move your case forward—and when to expect it to conclude. An experienced Philadelphia car accident lawyer will help ensure the fair compensation for your damages in a timely manner. Car insurance laws in Pennsylvania are somewhat unique to this state, so it may help to develop a basic understanding of how the process works.

No-Fault Car Insurance

When it comes to car insurance, Pennsylvania implements a no-fault insurance system with a twist—called “Choice.” As such, you, as an insured driver, have the choice of whether to purchase a less-expensive no-fault car insurance policy or a traditional car insurance policy that’s based on driver liability. Under no-fault insurance coverage, your car insurance company is responsible for covering your damages in a car accident, but your policy will only cover economic damages and will not factor in pain and suffering. There are, however, exceptions built into this system to accommodate for what the law considers a “serious injury.”

It goes against your best interest to assume that your car insurance company’s top priority is your fair compensation. On the contrary, insurance companies are in the business of turning a profit, which means minimizing their payouts by whatever means they can get away with—including denying or delaying your settlement. If a car accident injured you—regardless of the kind of car insurance you carry—you need experienced legal counsel. The dedicated car accident attorneys at The Levin Firm in Philadelphia have the experience, skill, and commitment to effectively and efficiently guide your claim toward its best possible resolution.

Statute of Limitations

First, consider Pennsylvania’s statute of limitations. In Pennsylvania, you have exactly two years from the date of your accident to file a suit for personal injury and property damage. Consult an experienced car accident attorney as soon you can after your accident to better protect your claim. Two years may seem like a long time, but a lot of work needs to go into a successful claim, and that time can slip by before you know it.

Your Case’s Timeline

Every car accident case is unique, which means that it’s nearly impossible to predict how long your car accident case will take to fully conclude. Some claims settle relatively quickly—within a few months or even weeks—while others can take much longer. Your car accident lawyer will endeavor to move your claim forward as efficiently as possible while also protecting your best interests. Furthermore, specific elements of a car accident claim can prolong the process.

Your Injuries

One of the most significant elements of any car accident claim is the kind and severity of injury you’ve endured. While some injuries follow a fairly obvious path (such as fractured bones typically do), other common, if less predictable, injuries require careful assessments before you can calculate just compensation. Such injuries include whiplash and traumatic brain injuries (TBIs).

If you suffered such injuries, your health should reach your “maximum medical improvement” (MMI), which refers to your fullest recovery, before you consider negotiating your claim.

Because whiplash injuries and TBIs are so closely related to lengthier car-accident timelines, it’s worth taking a closer look at them.

Whiplash. When your head whips back and forth on your neck (much like the cracking of a whip), it can cause whiplash, a soft-tissue injury of the neck. Rear-end car accidents often lead to whiplash, but any kind of car accident will do—even accidents that occur at slower speeds. Whiplash can present instantaneous symptoms, or its symptoms can develop with time. The pain and diminished range-of-neck-motion associated with a whiplash injury can vary from mild to severe, and these injuries resolve quickly or remain for years (or even the rest of your life). In other words, never minimize or discount whiplash. Your health and your rights are too important to leave to chance—or to an insurance company.

Traumatic brain injuries. A TBI is caused by brain damage, such as commonly happens in car accidents. Your brain is your central command center, and even a seemingly minor injury can leave long-lasting, highly unpredictable physical and emotional consequences. Where a TBI will lead is anyone’s guess, so it’s critical that a doctor fully and accurately assesses the consequences of your injury before your attorney proceeds with your car accident claim.

A TBI can cause immense physical damage, altered mental functioning, chronic seizures, altered language abilities, and defective sensory perception—including to your senses of hearing and smell. This all significantly contributes to what makes you uniquely you, and a TBI that changes these things can exacerbate the psychological and emotional effects of such an injury. The damages associated with traumatic brain injuries are difficult to overstate.

Your Damages

If you’re injured in a car accident—regardless of the type of injury— you’re likely to face a range of medical expenses:

• Emergency transportation from the accident scene
• Emergency treatments
• Surgeries and aftercare
• Hospitalizations
• Treatments and care from your doctor, specialists, surgeons, and therapists
• Follow-up care and ongoing care
• Prescription medications
• Adaptive medical devices
• Home adaptations

The expenses associated with a car accident can add up quickly. Obtaining compensation for the injuries that someone else’s negligence caused can at least help pay for those costs.

If a Car Accident Injured You, Consult a Skilled Philadelphia Car Accident Lawyer

If a car accident injured you, you’re likely to ask many questions—not the least of which is, “How long until you can resolve my claim?”

While every car accident claim is unique and no lawyer can provide an exact answer, an experienced car accident lawyer will help you better understand your case’s probable timeline and will help efficiently guide your claim toward just resolution. At The Levin Firm in Philadelphia, we have the experience, commitment, and compassion to help you obtain the compensation to which you’re entitled. We’re here to help, so please contact or call us at (215) 825-5183 today.

FINDING THE RIGHT ATTORNEY AFTER A CRASH

If you were injured in a car accident, you know how that can overwhelm you. Figuring out what to do after such an accident can present a difficult hurdle. If another driver’s negligence injured you, you need an experienced car accident attorney. Fortunately, you can take steps to find an attorney who’s a good fit for you.

Don’t Delay

When another driver’s negligence caused your injuries, you are probably wondering,“What comes next?” If you feel overwhelmed by the prospect of finding the right attorney to protect your claim, don’t despair. An experienced Philadelphia car accident lawyer will help you through the most complicated car accident claim.

Many car-accident victims are inclined to defer to the insurance companies when it comes to compensation. Doing so, however, will probably hurt your claim. Insurance companies are in the business of making money, which means that they’re motivated to deny and minimize as many claims as they possibly can—including yours.

If you were injured by another driver’s negligence, you need skilled legal counsel. The experienced legal team at The Levin Firm is committed to helping victims of car accidents recover the compensation to which they’re entitled, and we’re here to help you.

Your Claim

If you’re injured in a car accident that another driver’s negligence caused, carefully consider your legal options—which include finding the attorney who’s right for you. When it comes to car accidents, time is not on your side, so take appropriate action:

Pennsylvania has established a two-year statute of limitations when it comes to car accident claims, which means that—in general—you have two years from the time of your accident to bring a legal case. Two years can easily fly by before you resolve your complicated car accident claim. It’s always in your best interest to obtain experienced legal counsel who can meet that deadline—and to give your attorney enough time to do so.

Help your attorney help you by gathering and preserving evidence in your claim:

Use a smartphone to take pictures and video at the scene of the accident that document how the accident happened, including any mitigating circumstances such as inclement weather, adverse road conditions, or debris in the road. If your injuries prevent you from doing so, enlist a bystander.

Keep track of and document all of the expenses related to your accident, including medical costs, ongoing healthcare, and property damage.

Obtain copies of any written records or reports related to your accident, including police reports.

Write a narrative describing the accident in your own words as soon after the accident as you can. Include descriptions of any factors that may have played a role in the accident. The turmoil of a car accident can play tricks with your memory, so complete this task while your memories remain fresh.

Every car accident is unique, and your claim matters. As such, it’s always in your best interest to consult with a skilled legal representative before settling your claim. Your case is too important to leave to chance (or to the insurance company).

Compensation for Your Claim

Car accidents are not only upsetting and injurious but also costly—both financially and emotionally. If another driver’s negligence injured you in a car accident, keep track of the associated costs:

Emergency transportation from the scene of the accident

Emergency care

Surgeries and aftercare

Medical treatments and care from your doctor, specialists, and therapists

Ongoing treatments, therapy, and care

Prescription medications

Adaptive medical devices

Your medical expenses, however, are not the only damages you may suffer. Emotional and psychological costs associated with car accidents can prove even more difficult to cope with. Depending on the severity of your accident, you could even experience the life-altering symptoms of post-traumatic stress disorder (PTSD).

Finding the Right Attorney for You

After suffering an injury due to someone else’s negligence, you need experienced legal counsel—but how do you go about finding the right attorney for you?

Your car accident lawyer serves as your legal representative and, as such, you must feel comfortable relating to and sharing your story with that person. You need a lawyer with whom you can openly relay the details of your accident and subsequent injuries.

Car accidents can create serious difficulties, but your car accident attorney will help pave the path toward your just compensation. Just as you wouldn’t trust your health and well-being to any old doctor, neither should you trust your car accident claim to any old lawyer. Ask your friends for recommendations, and do your research. Put together a list of questions you’d like to ask in your initial consultation, and see if the answers reassure you. Trust your feelings, and if you like what you hear, you may well have found the right attorney for you—and the right attorney can make all the difference in bringing your car accident claim to just compensation.

Consult a Skilled Philadelphia Car Accident Attorney

Car accidents are difficult enough in and of themselves. Dealing with their aftermath can prove that much more difficult. If someone else’s negligence has left you injured in a car accident, you need a skilled car accident attorney with whom you feel comfortable working. The dedicated car accident attorneys at The Levin Firm in Philadelphia are committed to working with you while aggressively advocating for your rights and for your rightful compensation. Our experienced legal team has the skill and compassion to work closely with you in helping to effectively and efficiently navigate your claim toward its most positive outcome. We care about your case, and we’re here to help—so please contact or call us at (215) 825-5183 today.

STUDIES INDICATE THAT HANDS FREE CELL PHONE USE NOT SIGNIFICANTLY SAFER

We all know that distracted driving is dangerous driving and that drivers who choose to text and drive represent the zenith of this danger. While many of us believe that hands-free smartphone usage is the answer to the inherent dangers of engaging with handheld devices while driving, studies show that this isn’t necessarily the truth of the matter. This constitutes an important safety issue that we should examine more closely.

Driving and the Distracted Brain

The National Safety Council published “Understanding the Distracted Brain: Why Driving while Using Hands-Free Cell Phones Is Risky Behavior” in 2012, and the article carefully parses the dangers associated with hands-free smartphone usage. Motor vehicle accidents, it points out, are among the top causes of death throughout everyone’s lifetime. Additionally, car accidents lead to an enormous number of life-altering injuries. Car accidents, in other words, are extremely dangerous.

As such, it’s necessary to determine the factors that frequently cause serious car accidents. It has been determined that distracted driving has joined the ranks of incredibly risky behavior. In fact, it’s now categorized with both driving under the influence of alcohol and of speeding. That’s how dangerous it is to drive while distracted. As smartphones have cemented their position of importance in our lives the distracted driving issue has only become more pronounced.

If you’ve been injured in a car accident that was caused by a distracted driver, you understand how devastating that can be, but you don’t have to endure the consequences alone. The experienced car accident attorneys at The Levin Firm in Philadelphia have the skill, knowledge, and determination to aggressively advocate for your rights and for your rightful compensation.

Cognitive Attention

Your smartphone requires your cognitive attention—even if it doesn’t necessitate that you physically handle it. Your cognitive attention is also necessary to drive safely. Your cell phone usage while driving, therefore, competes for the cognitive attention you should be expending on driving safely down the road. Further, when you’re faced with multiple demands for your cognitive attention, you very well may not realize that you are missing critical visual cues that relate to your driving, which can minimize your ability to recognize the negative impact your cell phone usage is having on your driving. When you get behind the wheel, it’s imperative that you carefully consider where you’re focusing your cognitive attention and to do everything you can to keep it trained on the important task of driving safely.

Preventing Distracted Driving

This informative paper goes on to note that even when drivers are made aware of the significant risk of hands-free cell phone usage, they tend to rationalize their own indulgence in the activity by reasoning that they are simply more skilled in this area thanother drivers are. The paper, therefore, posits that for a prevention strategy to work itmust address this awareness issue. We’ve learned that the consistent enforcement of laws related to traffic safety—such as driving under the influence, seatbelt usage, and speeding—is the single most effective mechanism for changing dangerous driving behaviors. As such, the paper recommends a similar legislative approach to effectively curbing dangerous hands-free cell phone usage.

Distracted Driving: A Closer Look

Cell phone usage is so closely associated with dangerous distracted driving that it’s important to take a closer look. Distracted driving has become so prevalent that the U.S. government devotes a website to the issue, distraction.gov. Distracted driving refers to any driving in which the driver’s attention is focused on anything other than the driving at hand. Potential distractions are categorized into three distinct classifications:

- Manual Distractions

- Distractions that engage your hands, such as texting on your smartphone;

- Visual Distractions

- Distractions that draw your eyes into play, such as looking at a text on your smartphone; and

- Cognitive Distractions

- Distractions that engage your thoughts, such as reading a text on your smartphone.

- Texting, in other words, involves all three modes of distraction and is an especially dangerous activity to engage in when you drive.

Distracted Driving: The Sobering Statistics

Distracted drivers are dangerous drivers; it’s as simple as that. In fact, the Centers for Disease Control and Prevention (CDC) shares that distracted driving plays a significant role in 9 traffic deaths and more than 1,000 traffic injuries daily. The website textinganddrivingsafety.com reports additional dire statistics:

- Those who text while driving are 23 times more likely to be involved in car accidents;

- Those who dial their phones while driving are 3 times more likely to be involved incar accidents; and

- Those who chat on their phones while driving are 30 percent more likely to be involved in car accidents.

To better illustrate the significant role that interfacing with your smartphone can play in a serious car accident, consider the fact that you take your eyes off the road for at least 5 complete seconds when you read a text, which translates to driving blind for the entire length of a football field.

Drivers Beware of Distractions!

Distracted drivers are so dangerous that it’s helpful to be on the lookout for telltale signs of distracted driving:

- A driver who drifts in and out of his or her lane;

- A driver who ignores traffic signs and signals;

- A driver who drives erratically; and

- A driver whom you witness interacting with his or her smartphone.

Give such drivers plenty of room on the roadway, and if you deem it necessary, alert the authorities. You could help prevent a dangerous accident from occurring.

If You’ve Been Injured by a Distracted Driver, Consult with an Experienced Philadelphia Car Accident Attorney

If you’ve been injured in a car accident that was caused by a distracted driver, you know just how difficult that is. Because your just compensation is far too important to leave to chance, the dedicated car accident attorneys at The Levin Firm in Philadelphia are here to help. Our skilled legal team has the experience, knowledge, and commitment to fight for your claim’s most favorable outcome, so please contact or call us at 215-825-5183 today.

MONTGOMERY COUNTY PERSONAL INJURY ATTORNEYS

                                         

The Montgomery County Personal Injury and Automobile Accident Lawyers at The Levin Firm have practiced for many years in Eastern Pennsylvania and New Jersey State and Federal courts, and are qualified to represent you. Our injury attorneys have diverse backgrounds, allowing us to assist you in a wide range of legal matters.

A large portion of our practice involves representing clients who have been injured in incidents involving motorized vehicles. Obtaining legal representation after a car crash in Montgomery County can help victims of serious collisions get the maximum amount of compensation possible for their injuries. In addition, auto accidents often raise complicated legal issues, so it is advisable for anyone involved in one to retain an experienced attorney as soon as possible. At The Levin Firm, we understand how to effectively represent car crash victims and work hard to bring each case we handle to a successful resolution.

The Levin Firm handles many types of cases and is qualified to help you. Obtaining legal representation soon after the accident is critically important. Your rights have to be protected. Evidence needs to be collected. We have a team of lawyers and investigators ready to work on your case and ensure that you are in the best position possible should litigation be necessary.

We take fighting for victims seriously. We are passionate about our jobs and enjoy helping people get back on their feet. When you call for a consultation you will speak with an attorney every time. The lawyer who will be handling your case always handles the initial consultation in the office. We want to meet you and we want you to know who your lawyer is. When you call in with a question your lawyer gets on the phone. It is this kind of personal service that will make your experience at The Levin Firm exceptional and it is what separates us from the rest. We look forward to helping you.

CONTACT:

The Levin Firm

516 DeKalb St

Norristown, PA 19401

Phone: (267) 538-0860

Email: levin@levininjuryfirm.com