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Abdominoplasty
Abdominoplasty medical definition: Abdominoplasty is more often known by its common name, a tummy tuck. The purpose of abdominoplasty is to make the abdomen look firmer and smoother by removing unwanted fat and skin and restoring weakened or separated muscles. As with any surgical procedure, things can go wrong, & some people are simply not good candidates for this procedure. You may not be a good candidate if:
- Have a body mass (BMI) over 30
- Want to get pregnant in the future
- Are planning substantial weight loss
- Have a severe chronic medical condition, like irritable bowel syndrome, diabetes, or heart disease
Abdominoplasty in Medical Malpractice Cases
If a doctor botches the operation or performs abdominoplasty on someone who should not have undergone the surgery, it can constitute medical malpractice.
Even when the procedure goes well, there can be issues after the operation. As with any surgical procedure, there standard operative risks such as:
- Infection
- bleeding
- adverse reaction to anesthesia
- Scarring
- Seroma
It is the duty of all doctors, hospitals, other health professionals, & facilities to advise patients of the risks for the procedures they perform, to perform said operations correctly, provide standard post-surgical care, and to never perform a surgery on a patient who is not a good candidate. If you receive subpar treatment in these or any medical area, it may constitute medical malpractice.
Contact a Pittsburgh medical malpractice lawyer today to review your case: (412) 672-5444
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Acuity
Acuity medical definition: In a medical setting, acuity is synonymous with nursing intensity or the level of care a patient requires.
The acuity, or level of acuity, demonstrates how critical a patient’s injury or illness is. A patient in long-term, custodial care would be considered low acuity because they require less intensive care. A trauma patient, on the other hand, with multiple life-threatening injuries, would be a high acuity patient due to the intense level of care their traumas require.
Acuity in Medical Malpractice Cases
In care settings, acuity typically parallels the potential of medical malpractice. This means that low acuity patients are typically less likely to be victims of medical malpractice and high acuity patients are typically exposed to higher medical malpractice rates. This can be explained as such: the more critical or requiring of immediate attention a medical patient’s conditions are, the more likely they are to be victims of medical malpractice due to the level of care or various operations and treatments they may need.
Contact a Pittsburgh medical malpractice lawyer today to review your case: (412) 672-5444
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Adjudicate
Adjudicate legal definition: To adjudicate is to decide or settle some kind of dispute in a legal setting.
Adjudicate in Medical Malpractice Cases
A judge will adjudicate the dispute between the plaintiff & the defendant if a medical malpractice case if it goes to court. The judge and jury will decide who is at fault and to what degree.
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Administrative Defense Coverage
Administrative Defense Coverage legal definition: Administrative Defense Coverage is a type of insurance that protects physicians, surgeons, and dentists for legal expenses incurred while defending administrative disciplinary actions, peer review actions, privileges, actions by state licensing boards, and investigations involving billing and coding practices. Typically this is a provision to medical malpractice liability insurance.
Administrative Defense Coverage in Medical Malpractice Cases
In medical malpractice cases Administrative Defense Coverage covers related legal proceeding costs for medical professionals who are being accused of medical malpractice or who are caught up in medical malpractice cases. This kind of insurance protects health care providers & not patients. If you are facing the consequences of a potential medical malpractice case as a victim, don’t hesitate to contact Pribanic & Pribanic. Contact a Pittsburgh medical malpractice lawyer today to review your case: (412) 672-5444
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Affidavit
Affidavit legal definition: An affidavit is a sworn written statement made under oath before an authorized magistrate or officer of the court. These official court documents are generally composed of two parts: a section that contains the statement of facts, and a portion where the person providing the information affixes their signature, swearing it is true under penalty of perjury. The purpose of an affidavit is to get important details related to the case on the record.
These documents are then signed by a notary or other officer of the court. That signature and stamp signifies that the person making the affidavit – known as an affiant – was under oath.
It is important to note that while the official notary stamp makes an affidavit official, it does not necessarily make them true or enforceable.
Affidavits in Car Accident Injury Cases
Affidavits are used to help present evidence in court. They are especially helpful in car accident injury cases. If you’ve been injured in a car accident, a lawyer can help prove your case in court by tracking down witnesses and having them sign an affidavit regarding:
- Details of the car crash they may have witnessed
- Information related to weather conditions (rain, snow, or limited visibility)
- Details about road conditions (potholes, confusing signage, poorly designed intersections)
- Other information that could help prove your claim
Affidavits in Medical Malpractice Cases
If you’ve been the victim of a medical injury, a lawyer may utilize affidavits to help explain the nature of your injury and/or illness, as well as how it has – and will – affect you in the future. This could include information related to:
- Past surgical procedures
- Future medical needs
- How your injury or illness has affected your life – from your ability to work to your ability to complete and enjoy everyday activities
Your attorney may also employ the help of an expert witness to help prove that you were a victim of medical malpractice. Expert witnesses can provide detailed affidavits explaining how your injury or illness was caused, and show how the medical provider, procedure or product is liable.
Affidavits in Personal Injury Cases
Affidavits are an integral part of any personal injury case. They help provide important background related to the accident that causes your injury, as well as who should be liable for paying damages for them. Affidavits are used in cases related to:
- Slip and fall injuries
- Product injuries
- Nursing home injuries
- Fracking injuries
- More
Affidavits in Workers’ Compensation Cases
If you’re fighting to receive or retain workers’ compensation benefits after being injured at work – are you’re looking for a settlement so you can get on with your life – affidavits will be used in your case.
Your workers’ compensation attorney may ask you to fill out an affidavit to clearly lay out the details of your injury, how it occurred, and its effect on how you can do your job. It might also be necessary for your workers’ comp attorney to have others complete affidavits for your case, as well. Your medical provider, physical therapist, and supervisor may all be asked to make statements related to your case.
Sources: https://definitions.uslegal.com/a/affidavits/
Aggregate Limit
Aggregate Limit legal definition: the aggregate limit is the maximum amount of compensation an insurer will pay for the liabilities incurred by the insured for a certain insurance policy in a specific policy period.
Aggregate Limit in Medical Malpractice Cases
The Aggregate Limit is important to be aware of before entering a medical malpractice case. Personal financial standing and the amount covered for such instances by your insurance provider play a large role in how the legal costs of medical malpractice cases are covered. Additional financial resources may be available to you.
Contact a Pittsburgh medical malpractice lawyer today to review your case: (412) 672-5444
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Alcohol Poisoning
Alcohol Poisoning medical definition: Alcohol poisoning is a medical condition that can occur when someone consumes too much alcohol or drinks too much too fast. People in this condition need prompt medical care to prevent life-threatening complications and lasting impairments.
Symptoms of alcohol poisoning include:
- Mental confusion, loss of consciousness, or coma
- Vomiting
- Seizures
- Slow or irregular breathing, often with as much as 10 seconds between breaths
- Hypothermia, often with bluish skin
Alcohol Poisoning in Medical Malpractice Cases
If doctors and/or other care providers at a hospital fail to diagnose and provide treatment quickly for victims of alcohol poisoning, it may constitute medical malpractice.
Alcohol poisoning in the most critical states can lead to:
- Vomiting and resulting choking because of unconsciousness or lack of gag reflex
- Brain damage because of slowed, irregular, or stopped breathing
- Irregular heart rhythm or stopped heartbeat
- Hypothermia
- Seizures related to low blood sugar
- Severe dehydration caused by vomiting
- Permanent brain damage
- Death
These serious symptoms must be treated quickly and effectively to avoid long term effects on the body. If symptoms of alcohol poisoning go untreated or unacknowledged, breathing may slow to critical rates and organs can become affected by the alcohol coursing through the bloodstream. In cases such as this, failure to diagnose as well as improper or delayed treatment may be grounds for a medical malpractice case.
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Allegation
Allegation legal definition: An allegation is an assertion, declaration, claim, or statement that is made in a pleading by one of the parties involved in a legal case and explains what that party intends to prove through the course of the suit.
Allegation in Medical Malpractice Cases
In a medical malpractice case, an injured or otherwise harmed patient will bring forward an allegation against whoever has done them wrong whether it be a doctor, a nurse, a dentist, a hospital, emergency room, or some kind of medical technician. Through the courtroom process, this allegation will be either confirmed or denied by a judge and jury, unless arbitration or another form of alternative dispute resolution is used.
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Alternative Dispute Resolution
Alternative Dispute Resolution legal definition: Alternative dispute resolution refers to methods of settling disputes by means other than court trial. Alternative dispute resolution methods are generally less expensive and take less time than the typical litigation process.
Alternative Dispute Resolution in Medical Malpractice Cases
There is growing interest in alternative dispute resolution options as healthcare and medical malpractice costs continue to rise. When it comes to legal disputes, especially in the medical realm, large cost is a common reason people cite for pursuing alternative dispute resolution. Some examples of alternative dispute resolution include:
- early apology
- mediation
- arbitration
Generally, alternative dispute resolution tactics shorten the time frame for medical malpractice disputes as well as attempt to avoid litigation and therefore lower the costs of a medical malpractice dispute. Alternative dispute resolution options also allow for the prosecutor to select their mediator or arbitrator which in certain cases may be of advantage to the client.
Contact a Pittsburgh medical malpractice lawyer today to review your case: (412) 672-5444
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Anesthesia Injury
Anesthesia Injury medical definition: Anesthesia injuries are injuries that occur while administering anesthesia. Anesthesia is a common practice in today’s medical world and many routine procedures use it such as dental operations and minor surgeries. There are a few kinds of anesthesia including:
- Local anesthesia
- Regional anesthesia
- General anesthesia
While it is a common practice, that does not mean it is without complications. A medical error during anesthesia can be quite serious and can lead to such complications as brain damage, nerve injury, or even death. Surgical anesthesia has the highest risk to patients if not administered correctly, and nerve injury and death make up the two largest categories of anesthesia injury.
Anesthesia Injury in Medical Malpractice Cases
Patients entrust their safety to anesthetists while under their care, and it is the anesthetist’s duty to minimize the risk of physical injury to their patients while they are unconscious. Medical errors can occur as a result of poor decision making which can lead to medical malpractice suits. Common mistakes include:
- Underdosing
- Overdosing
- Allergic reactions
- Physical injury
- Failure to monitor vital signs
Anesthesia injuries can be very serious, and while the safety of anesthesia has improved over time, it is still not without risks. Contact a Pittsburgh medical malpractice lawyer today to review your case: (412) 672-5444
Sources:
- https://www.ncbi.nlm.nih.gov/pmc/articles/PMC7808031/
- https://www.expertinstitute.com/resources/insights/most-common-anesthesia-injuries-insights-from-malpractice-insurance-claims/
Apgar Score
Apgar Score medical definition: The Apgar is a quick test performed on just-born babies that checks key areas to ensure the child successfully navigated the birthing process. A physician will take note of the baby’s activity in the following areas:
- muscle tone
- Pulse
- grimace
- reflex irritability
- appearance
- skin color
- respiration
These observations are made and recorded immediately following birth, again one minute after birth and again five minutes after birth. The 1-minute score determines how well the baby underwent the birthing process. The 5-minute score tells the health care provider how well the baby is doing outside the mother’s womb. Scores are determined on a 1-10 scale. A low score alerts a doctor that resuscitation may be necessary while a high score reassures a doctor that the baby is healthy and thriving outside the womb.
Apgar Score in Medical Malpractice Cases
The Apgar test is done by a doctor, midwife, or nurse. The provider examines the baby’s:
- Breathing effort
- Heart rate
- Muscle tone
- Reflexes
- Skin color
Generally, a low score at 1 minute is near-normal by 5 minutes. Low Apgar scores can be caused by:
- Difficult birth
- C-section
- Fluid in the baby’s airway
A baby with a low Apgar score may need:
- Oxygen and clearing out the airway to help with breathing
- Physical stimulation to get the heart beating at a healthy rate
A lower Apgar score doesn’t necessarily mean a child will have serious or long-term health problems as the Apgar score is not designed to predict the future health of the child, but to determine the success of the birthing process. However, if these tests are performed or calculated incorrectly and a newborn does not receive the support they require, it can constitute medical malpractice.
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Appeal
Appeal legal definition: The purpose of an appeal is to have a court ruling reconsidered. In legal proceedings, an appeal is defined as the process by which a decision made by a lower court is asked to be reviewed by a higher court. To make an appeal, the losing party must file what’s known as a notice of appeal.
During this process, court transcripts and other records from trial are requested and filed along with legal briefs citing legal grounds for the higher court to reverse the lower court’s decision. Once filed, the opposing party (known as either an appellee or respondent) files a response countering the legal claims made. The party filing the appeal (known as an appellant) may then submit a final brief before a ruling is made.
The appeals court can take one of several actions. It may:
- Uphold the lower court’s ruling
- Send the case back to the lower court for further consideration
- Reverse the original ruling either in part or in whole
Appeals in Car Accident Injury Cases
If you’ve been seriously hurt in a car accident and your insurance claim is denied, an experienced attorney will be able to help you appeal the decision so you can recover damage to pay for your medical bills, lose wages, and other costs associated with your injury.
Appeals are complex and time-sensitive.
Arbitration
Arbitration legal definition: Arbitration is the process of using an arbitrator to settle a dispute. In the legal world, arbitration is considered a type of Alternative Dispute Resolution. The purpose of arbitration is to handle a claim without filing a lawsuit.
Arbitration hearing types – and the rules that govern them – can vary greatly. Generally, they are less formal than court proceedings, and contain many of the same elements. The procedure generally includes these steps:
- The party making the complaint sends the opposing party formal notice of their intent to enter into arbitration. This notice also details the nature of the dispute itself.
- The opposing party is then given a set time to respond to the formal request in writing.
- Arbitrators are chosen. The number of arbitrators varies: In some cases a sole arbitrator may preside over a hearing, while in other cases there could be an entire panel. Arbitrators are selected using input from both parties, and are generally judges or highly experienced attorneys.
- An arbitration hearing, which generally takes a few hours, is then conducted.
In many instances the rules for arbitration proceedings are set forth contractually, and must abide by specific deadlines. During the hearing, both parties will have an opportunity to present information before the arbitrator, who is designed to be a neutral party. It will include:
- Opening statements
- The presentation of evidence
- Verbal arguments
- Witness testimony
This streamlined process is designed for expedited dispute resolution. Following the hearing, the arbitrators will make a ruling by a stipulated deadline. In some instances, arbitration rulings may be final while others are appealable.
Arbitration in Car Accident Injury Cases
If you’ve been injured in a car accident, your policy may allow you to enter into arbitration with your insurance company. Doing this may be in your best interest if:
- Negotiations regarding the terms of your settlement have halted or
- You received a final settlement and it’s a low ball offer
It should be noted that, in many instances, your insurance company is not required to enter into arbitration with you. If your insurance company is unwilling to engage in arbitration, it may be necessary for you to then threaten to file a lawsuit to recover damages.
Arbitration hearings in car accident injury cases are typical in claims involving uninsured or underinsured motorist coverage claims.
However, if your insurance company agrees to arbitration, the entire process could take as little as three months and includes several steps:
- Paperwork is filed and arbitration is initiated
- Both parties are then given a 30-day period to exchange information and prepare for the proceedings
- Arbitrators are selected
- A hearing is conducted
- A decision – or award – is handed down within a few weeks. These awards are typically binding, which means they cannot be appealed.
Arbitration in Medical Malpractice Cases
If you were injured as a result of a medical mistake, it is likely that your case will be required to be settled through mediation. That’s because the lionshare of insurance policies in the United States include provisions that require medical malpractice claims to go through the arbitration process.
However, there are instances where such stipulations can be invalided with the help of an experienced medical malpractice attorney. It is possible to have clauses mandating arbitration invalidated when:
- Contract language includes a 30-day statute of limitations on making claims
- Contract language that binds only one party
- Contract language that does not comply with state medical malpractice law
Arbitration in Personal Injury Cases
In most cases, slip-and-fall, product liability, and other injury claims will not be settled through arbitration. In fact, many experienced personal injury attorneys would recommend against entering into arbitration for personal injury actions. That’s because by doing so you are forfeit your opportunity to have your case heard before a jury.
In fact, if you enter into arbitration hearings and lose, you will have very limited appeal options. Arbitration awards are binding. In order to appeal, you would have to prove that the decision was “arbitrary and capricious,” which means that it was not only wrong but contrary to presented evidence.
Arbitration in Workers’ Compensation Cases
In Pennsylvania Workers’ Compensation cases, it is possible that you may be forced to go through an arbitration process known as Alternative Dispute Resolution. If either the injured worker or their employer requests mediation, a mandatory ADR meeting is held.
During this process, both the injured employee and representatives for their employers meet with a workers’ compensation judge informally. While you are not required to hire a lawyer to represent you for Alternative Dispute Resolution, the process is best navigated with the help of an experienced workers’ compensation attorney.
Sources:
https://adr.findlaw.com/arbitration/what-is-arbitration-.html
https://injury.findlaw.com/car-accidents/car-accident-arbitration-process-and-timeline.html
https://www.alllaw.com/articles/nolo/medical-malpractice/arbitration.html
Asbestosis
Asbestosis medical definition: Asbestosis is a lung disease caused by inhaling asbestos fibers. Asbestos is a mineral that at one time was very common in the construction industry, especially in houses, apartments, and office buildings. It was used in types of insulation, flooring, and ceiling tiles.
Before its dangers were well-known like they are today, construction and building workers came into close contact with asbestos frequently. Many of these workers later developed asbestosis and other related lung conditions. Asbestosis can be very dangerous as it can lead to the scarring of lung tissue (pulmonary fibrosis) and deadly lung cancers associated with asbestos exposure like mesothelioma.
Some common symptoms of asbestosis include:
- Shortness of breath
- Persistent, dry cough
- Loss of appetite
- Weight loss
- Widening of the fingertips or toes ie clubbing
- Chest tightness and/or pain
Asbestosis in Medical Malpractice Cases
Asbestosis can relate to medical malpractice as your doctor has a professional duty to make an accurate and timely diagnosis when you present symptoms of asbestosis. An wrong or delayed diagnosis can lead complications or more critical conditions that otherwise could have been avoided.
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Assisted Living Facilities
Assisted Living Facilities medical definition: Assisted Living Facilities are a type of long-term care facility designed for people who require custodial care but not necessarily skilled nursing attention. Assisted living facilities provide personal services that could be performed by someone with limited or no medical training. These kinds of non-medical facilities are generally licensed and regulated at the state level.
Assisted Living Facilities in Medical Malpractice Cases
Medical malpractice cases are unfortunately not uncommon with senior or otherwise less capable patients in long-term care such as in assisted living facilities. Some of the most common nursing home injuries result from neglect and can include:
- Bedsores
- Restraint injuries (physical and chemical)
- Assault injuries
- Slip, trip and fall accidents
- Medication errors
- Dehydration
- Malnutrition
- Wrongful death
It is important to vet assisted living facilities, their accreditations, and services, before admitting loved ones to their care. Nursing home neglect can be a common occurrence in these types of facilities especially when patients or residents do not have the capacity to care for themselves.
Contact a Pittsburgh medical malpractice lawyer today to review your case: (412) 672-5444
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Assumption of Risk
Assumption of risk legal definition: In civil actions, the assumption of risk is a legal defense asserting that a defendant is not entitled to damages because they “freely and knowingly” assumed risking injury – relieving the defendant from having to act with what is known as “reasonable care.”
In layman’s terms, it means that a person who willingly and knowingly puts themselves in a dangerous situation cannot file suit to recover legal compensation if they subsequently suffer an injury.
Assumption of risk can be:
- Express – Express assumption of risk is made verbally or in writing – generally in the form of a waiver or contract.
- Implied – Implied assumption of risk is when an inherent danger is understood. Examples of implied risk include attending a baseball game, riding a high-speed roller coaster, or jumping out of an airplane. In many instances, there is implied assumption of risk when participating in activities where signage indicates hazards or dangers.
It should be noted that assumption of risk does not protect against liability for intentionally reckless behavior that causes what is known as a “foreseeable” injury. It should also be noted that there is no assumption of risk doctrine in the state of Pennsylvania.
Assumption of Risk in Car Accident Cases
If you’ve been injured in a car accident and file an injury claim, your insurance company may raise an assumption of risk defense. Insurance companies keep fat bottom lines by aggressively defending injury claims, and part of that is asserting that you were at least partially at fault for the accident.
In Pennsylvania, a legal doctrine known as comparative negligence is applied to determine what if any damages are awarded in car accident injury cases. Comparative negligence is determined using a formula that examines each party’s percentage of fault in the car accident.
Insurance companies will use expert witnesses and in some cases your own statements to prove your liability in the accident that caused your injuries, and your legal compensation would be reduced proportionately. These complicated legal defenses employed by car insurance companies is just one reason to call an experienced attorney if you are injured in a motor vehicle accident.
Assumption of Risk in Medical Malpractice Cases
Assumption of risk is often raised as a defense in medical malpractice claims. If you were seriously injured as a result of a medical mistake, the insurance company may try to claim that you understood the risks associated with the medical procedure or device in question.
However, an important aspect of the assumption of risk defense is in the injury itself. For example, if scarring was an inherent risk of a medical procedure that you knowingly underwent, such as a knee replacement, you likely would not be able to file suit for the resulting scars. However, if you suffered a stroke during that same medical procedure, you may be eligible for legal compensation because that would likely be considered an unforeseeable injury.
Medical malpractice defenses are among the most complex. If you’ve been injured because of a medical mistake, it’s in your best interest to contact a skilled personal injury lawyer to help you with your claim.
Assumption of Risk in Personal Injury Cases
The assumption of risk defense is employed often in personal injury cases and is most successful in claims involving:
- Contact sports such as football, basketball, and hockey
- Spectator sports such as baseball
- Dangerous activities such a skydiving, paragliding, and scuba diving
However, it’s important to understand that assumption of risk can come into play in any personal injury case. They include:
- Slip-and-fall cases
- Product injury cases
- Injuries suffered at resorts or on cruises
- Bicycle injuries
- Pedestrian injuries
- And more
Successfully nullifying an assumption of risk defense is best done with the help of an experienced personal injury attorney.
Assumption of Risk in Workers’ Compensation Cases
In Pennsylvania, workers injured on the job are entitled to benefits regardless of who was at fault. This means that injured employees are eligible for workers’ compensation benefits regardless of whether their accident was their own fault. Therefore, assumption of risk largely does not apply in workers’ compensation cases.
Sources:
https://www.merriam-webster.com/legal/assumption%20of%20risk
https://injury.findlaw.com/accident-injury-law/assumption-of-risk-defense.html
https://www.nolo.com/legal-encyclopedia/possible-defenses-personal-injury-cases.html
https://www.justia.com/injury/negligence-theory/assumption-of-risk
At-Fault State
At-Fault State legal definition: An at-fault state is defined as a system in which a driver who causes an accident is responsible for all legal damages to those injured. About a dozen states utilize the at-fault system. While Pennsylvania is among them, the commonwealth is considered a “choice” at-fault state. This means that drivers may choose to opt out of the at-fault system through insurance coverage selection.
At-Fault States and Car Accident Cases
If you suffer an injury in a car accident in Pennsylvania, the first step is filing a claim against your own insurance policy for compensation regardless of who is at fault for the crash to recover compensation for:
- Medical bills
- Lost wages
- Out-of-pocket costs
- Other associated expenses
Only in certain cases will you, as an accident victim, be able to file a direct claim against the driver who was liable for the crash that caused your injuries.
In Pennsylvania, your ability to recover legal damages is dependent on the type of car insurance you’ve purchased. State law dictates that drivers must opt for one of two types of coverage: limited tort and full tort.
If you’ve opted for limited tort, your own insurance covers injuries suffered by you and/or others who are covered by your policy. However, limited-tort policies do as their name suggests: They limit your ability to recover legal compensation if someone else was liable for the accident that causes your injuries.
The most you will be able to recover from the at-fault driver is:
- Medical treatment costs
- Out-of-pocket expenses associated with your injury
It should be noted that you can recover damages only for “serious” injuries under limited-tort insurance policies, and that seriousness is determined by a judge or jury. That means that even though an injury may be devastating to you, it might not be legally considered serious enough to be compensable.
Full-tort insurance is different. It, too, does what its name implies: It gives accident victims full rights to recover money from an at-fault driver. If you opt for full-tort insurance, you are eligible to recover money for any injury suffered, not just those deemed “serious.” It also allows you to seek compensation for pain and suffering – not just for medical bills, missed paychecks, and other out-of-pocket costs.
Sources:
https://www.nolo.com/legal-encyclopedia/pennsylvania-car-accident-laws.html
https://www.nolo.com/legal-encyclopedia/pennsylvania-no-fault-car-insurance.html
Athetosis
Athetosis medical definition: Athetosis is a condition characterized by slow, involuntary, and writhing movements of the limbs, face, neck, tongue, and other muscle groups. Irregular and separate flexing of the hands and feet is also common.
This condition is a dysfunction associated with movement where the uncontrollable muscular motions may make it hard to maintain a stable posture. Sometimes athetosis gets worse in patients who try to control the movement. For example, it can be hard to control dexterity and precision when typing on a keyboard or to determine how long your fingers remain on the keys.
The symptoms of athetosis can develop differently from problems with high or low muscle tone, which can change constantly, and vary depending on the severity of the injury or the location.
What causes Athetosis?
- Basal ganglia diseases
- Birth problems
- Jaundice
- Drug toxicity
- Cerebral palsy
- Stroke
Athetosis in Medical Malpractice Cases
Athetosis can result from numerous conditions and is usually a side effect of stroke, basal ganglia diseases, or in some cases, intense drug toxicity. Athetosis medical mistreatment and or a doctor or care provider’s mislabeling of the precursory conditions may result in a medical malpractice case. Contact a Pittsburgh medical malpractice lawyer today to review your case: (412) 672-5444
Sources:
- https://medical-dictionary.thefreedictionary.com/athetosis
- https://www.webmd.com/brain/what-is-athetosis
Average Weekly Rate
Average Weekly Rate legal definition: The average weekly rate refers to the amount of weekly workers’ compensation an employee is eligible for if they’ve been injured on the job. In Pennsylvania, the actual amount you will receive is based on your gross average weekly wage. This amount is calculated by using your total gross wages from every employer you were working for at the time you suffered your injury.
Average Weekly Rate and Workers’ Compensation Cases
In Pennsylvania, injured workers are entitled to weekly compensation checks equal to about a third of their average gross wages. A compensation schedule setting forth minimum and maximum compensation is determined by the state Department of Labor and Industry.
For the 2018 calendar year, for example, the maximum weekly compensation rate was $1,025.
A worker’s average weekly rate is paid out until you reach what is known as “maximum medical improvement,” or when 104 weeks has elapsed – whichever comes first.
B
Birth Injury
Birth Injury medical definition: A birth injury is a physical injury suffered by a baby during delivery. There are many causes for birth injury, some of which are due to pre-existing medical problems present in either the mother or the baby, and some of which are due to negligence and the improper handling of birthing situations.
Conditions that may be linked to a difficult birth include:
- A birth weight over about 8 pounds, 13 ounces (4,000 grams)
- Babies born before 37 weeks (premature babies have more fragile bodies and may be more easily injured)
- The size and shape of the mother’s pelvis is not adequate for the baby to be born vaginally
- Difficult labor or childbirth
- Prolonged labor
- Abnormal or breech birthing presentation
- Maternal obesity
Some common birth injuries include:
- Brachial palsy
- Bruising or forceps marks
- Caput succedaneum
- Cephalohematoma
- Facial paralysis
- Fractures
- Subconjunctival hemorrhage
- Broken bones
Birth Injury in Medical Malpractice Cases
Birth injuries can be related to a number of things such as pre-existing maternal or fetal health problems, or in some cases the result of negligence by a healthcare professional such as a doctor or nurse. In unfortunate cases, these injuries may cause permanent disabilities or even death of the child. In the cases where medical malpractice is a potential player, contact a Pribanic & Pribanic lawyer right away. Contact a Pittsburgh medical malpractice lawyer today to review your case: (412) 672-5444
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Brain Injury
Brain Injury legal definition: Brain Injury, Brain Damage, or Traumatic Brain Injury (TBI) is usually caused by blunt trauma or penetration of the brain tissue but it can also result from things like improper medication, lack of oxygen, or chemical poisoning.
Common causes of brain injury are:
- Lack of oxygen to the brain (hypoxia)
- Exposure to harmful chemicals
- Medication errors
- Sports injuries
- Infection
- Failure to diagnose stroke or tumors
- Motor vehicle accidents
The consequences of head trauma can be severe and often include symptoms such as:
- Short- and long-term memory loss
- Impaired speech
- Headaches
- Nausea
- Paralysis
- Loss of sensation
During pregnancy or birth, birth injuries resulting in brain damage to a child may cause cerebral palsy. The following problems may result in brain damage:
- Rh incompatibility
- lack of oxygen to the baby
- a mother’s urinary tract infection
- bleeding within the infant’s brain
- poisoning due to the mother’s use of alcohol and drugs
Brain Injury in Medical Malpractice Cases
Brain injuries can be serious and life altering, or fatal. They require immediate medical attention and if the proper procedures or diagnostic is not assumed, you may have a case for medical malpractice.
Oftentimes, people suffering from brain injuries are unable to recognize their own symptoms. For this reason, it is very important that family members take note of any changes in behavior of a brain injury victim. Our lawyers understand the significant suffering brain injuries can cause and are prepared to help you seek the compensation you need and deserve. Contact a Pittsburgh medical malpractice lawyer today to review your case: (412) 672-5444
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Breech Baby
Breech Baby medical definition: “Breech baby” refers to a birthing situation in which a baby is positioned with his or her feet down rather than head down during delivery. Breech is actually common in early pregnancy and most babies will move to a head-first position by 36 weeks of pregnancy. If a baby is still in the breech position during delivery it can lead to birthing complications and c-section is usually recommended.
Breech positioning happens in about 3-4% of pregnancies and can lead to further complications including the cutting off of the baby’s oxygen supply via the umbilical cord.
Breech Baby in Medical Malpractice Cases
A doctor has a duty to recognize a breech baby and take precautions to ensure a safe pregnancy and delivery. If a baby is delivered in the breech position and suffers injury or harm as a result, the parents may have grounds for a medical malpractice lawsuit against the doctor or other care professionals involved.
Contact a Pittsburgh medical malpractice lawyer today to review your case: (412) 672-5444
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C
Cancer
Cancer medical definition: Cancer is a disease manifested by the presence of a malignant tumor. Not all tumors are cancerous, and a cancerous tumor is characterized by the uncontrolled growth and spread of malignant cells. This is in contrast to con-cancerous (benign) tumors, which do not spread.
There are many factors that contribute to the development of cancerous cells in the body, especially in the fast-paced, chemical-laden environment we live in today. Some of these contributing factors include:
- Genetic mutations
- Chemicals
- Diet and exercise
- Infection
- Radiation
- Heredity
- Hormones
- Autoimmune disease
Cancer in Medical Malpractice Cases
With the unfortunate commonality of cancer diagnoses in this day and age, many medical malpractice cases arise in this area.
Misdiagnosis is the most common medical malpractice case involving cancer. Cancers are much easier to treat with early and correct diagnosis and it can be deemed medical negligence when a medical specialist fails to follow the acceptable standard of care required by their medical specialty. Contact a Pittsburgh medical malpractice lawyer today to review your case: (412) 672-5444
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Case Law
Case Law legal definition: Case Law is law based on previous decisions of appellate courts. In other words, case law is based on judicial decisions rather than on constitutions, statutes, or regulations. Case law concerns unique disputes resolved by courts using the concrete facts of a case. By contrast, statutes and regulations are written abstractly. Case law is also used interchangeably with common law.
Case Law in Medical Malpractice Cases
Medical malpractice law falls into a subset of case law designed to protect you, the plaintiff, from future harm and compensate you for past harm or damages.
Contact a Pittsburgh medical malpractice lawyer today to review your case: (412) 672-5444
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Cataract
Cataract medical definition: A cataract is a medical condition that clouds the otherwise clear lens of the eye. A cataract will blur vision, acting almost like a fogged window, which can make certain daily activities riskier like driving, bicycling, or using stairways. Cataract repair surgery is a fairly common procedure which helps clear the foggy portion of the eye lens.
Signs and symptoms of cataracts include:
- Clouded, blurred or dim vision
- Increasing difficulty with vision at night
- Sensitivity to light and glare
- Need for brighter light for reading and other activities
- Seeing “halos” around lights
- Frequent changes in eyeglass or contact lens prescription
- Fading or yellowing of colors
- Double vision in a single eye
Cataract in Medical Malpractice Cases
Mending a cataract requires a specific type of surgery. It is a common and generally safe procedure, but as with all medical procedures, the risk of complications is always present. If complications arise due to the negligence of a doctor or nurse involved in the operation, and the complication leads to further injury, there may be grounds for a medical malpractice lawsuit.
Contact a Pittsburgh medical malpractice lawyer today to review your case: (412) 672-5444
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Cause of Action
Cause of Action legal definition: Simply put, a cause of action is the basis of a lawsuit. A cause of action is based on legal grounds and allegations that together provide the elements required to file suit.
Cause of Action in Car Accident Cases
If you’ve been seriously injured in a car accident, you may want to hire an experienced personal injury attorney to file your legal claim. In most car accident cases, your legal claim will be composed of several causes of action. In one motor vehicle accident claim, a cause of action could be made for one or all of the following:
- Negligence
- Pain and suffering
- Undo infliction of emotional distress
- Wrongful death
Cause of Action in Medical Malpractice Cases
If you or someone you care about has been injured because of a diagnostic or treatment failure, or because a healthcare provider neglected to provide adequate warning of medical risks, you may be eligible for legal compensation. To recover those damages, you must file a legal claim and lay out your causes of action.
Common causes of action in medical malpractice cases include:
- Negligence
- Physical pain
- Mental anguish
- Medical bills
- Lost wages
- More
In cases where someone has died as a result of a medical error, two main causes of action may be made:
- Personal loss and suffering prior to death
- Wrongful death
Medical malpractice causes of action are among the most complex in the legal field. If you or someone you love has been harmed because of a medical error, it’s in your best interest to contact a skilled personal injury attorney as soon as possible.
Cause of Action in Personal Injury Cases
If you were hurt in an accident caused by the actions (or inaction) of someone else, you may need to file a personal injury lawsuit to recover damages for your injuries. While there are myriad types of personal injury cases – from car accidents to slip-and-falls – there are several common causes of action. They include:
- Negligence
- Physical injury
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Loss of consortium
- Recklessness
- Product liability
Cause of Action in Workers’ Compensation Cases
In traditional workers’ compensation cases, causes of action generally do not come into play. However, if your injury was caused by someone other than your employer, you may have what is known as a third-party claim.
For example, you could have a third-party claim if you were injured at your construction job by a piece of machinery that was being operated by a contractor.
Common causes of action for third-party work-related injury cases include:
- Negligence
- Recklessness
- Physical pain
- Emotional distress
- Pain and suffering
Sources:
https://dictionary.law.com/Default.aspx?selected=156
https://www.nolo.com/legal-encyclopedia/car-accident-lawsuits-starting-the-case.html
https://definitions.uslegal.com/c/civil-causes-of-action-medical-malpractice
https://www.nolo.com/legal-encyclopedia/medical-malpractice-basics-29855.html
https://www.nolo.com/legal-encyclopedia/workplace-injury-lawsuit-sue-30334.html
Cephalohematoma
Cephalohematoma medical definition: Cephalohematoma is a medical condition in which blood pools between the skull and brain. While it rarely causes brain injury, it can lead to other complications, such as:
- Anemia
- Jaundice
- Infection
Cephalohematoma in Medical Malpractice Cases
Cephalohematoma often requires no treatment, but in the case of newborns, can be a result of birth injury which may require more attention, lead to further complications, or be grounds for a medical malpractice case.
The most common cause of cephalohematoma is trauma to the head of a baby during delivery. This trauma may occur because of the negligence of an attending doctor or medical staff member. If so, you may have grounds to file a medical malpractice lawsuit and recover damages.
Contact a Pittsburgh medical malpractice lawyer today to review your case: (412) 672-5444
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Cerebral Palsy
Cerebral Palsy medical definition: Cerebral Palsy is a medical condition resulting from a permanent brain injury that either occurs before, during, or shortly after birth. It is characterized by lack of muscle control and body movement in different parts of the body, and can promote issues with gait, posture, muscle tone, and coordination. Cerebral palsy diagnoses are usually made shortly after birth, but sometimes show up later on in childhood.
Cerebral Palsy in Medical Malpractice Cases
Cerebral Palsy is not a common condition but it is a lasting and disabling one that in many cases is due to a birth injury that may have been avoided. Most commonly Cerebral Palsy is a result of brain injury during birth or from birthing complications, such as a lack of oxygen, which may constitute medical malpractice.
Doctors are responsible for safely delivering babies and should know how to diagnose and treat any issues that arise that may lead to complications or harm such as Cerebral Palsy.
Examples of Cerebral Palsy Malpractice include:
- Failure to diagnose health problems
- Injuries during birth, especially to the head/brain
- Lack of treatment
- Improper management of underlying health problems
No family deserves the heartbreaking diagnosis of cerebral palsy due to malpractice. It may be possible for you to file a cerebral palsy lawsuit if medical malpractice caused your child’s condition. Contact a Pittsburgh medical malpractice lawyer today to review your case: (412) 672-5444
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Circumstantial Evidence
Circumstantial Evidence legal definition: Circumstantial evidence is defined as information that strongly suggests that a fact is true, but does not prove it. Often used in conjunction with direct evidence, the purpose of circumstantial evidence is to help infer that a legal theory or set of circumstances is true. While circumstantial evidence is widely viewed as weaker than direct evidence, it is an important component of civil and criminal cases alike.
In fact, circumstantial evidence is an important tool in establishing liability in many types of personal injury cases. Successful personal injury claims often include both circumstantial and direct evidence.
Circumstantial Evidence in Car Accident Injury Cases
Circumstantial evidence is used often in car accident cases to prove the crash that caused your injury was the result of someone else’s negligence. A skilled car accident injury attorney may use many different kinds of circumstantial evidence in your case to help prove liability.
Types of circumstantial evidence used in car accident injury cases include:
- Photographs of the crash scene
- Diagrams depicting how the crash occurred
- Images depicting the damage to your car, as well as all other motor vehicles involved in the accident
- Eyewitness and expert testimony
- Skidmark analysis
- Crash scene reconstruction diagrams or videos
Circumstantial Evidence in Medical Malpractice Cases
Circumstantial evidence can be a crucial component of medical malpractice cases, as well. To prove medical negligence, attorneys representing injury victims may employ a legal doctrine known as Res Ipsa Loquitur – a latin term that means “the thing speaks for itself.”
This type of circumstantial evidence must show that:
- The incident or injury could not have occurred without negligence
- The injury could only be caused by the defendant
- The injury victim could not have contributed to the accident
As in other types of personal injury cases, testimony offered by expert witnesses is also a type of circumstantial evidence utilized to prove medical malpractice claims.
Circumstantial Evidence in Personal Injury Cases
The most common form of evidence used in personal injury claims, and is especially true in product liability and car accident cases. Much of the forensic evidence used in these types of personal injury cases are considered circumstantial.
Forensic evidence such as skidmark analysis, crash reconstruction diagrams or videos, and other physical evidence that helps suggest but not prove liability and/or negligence is considered indirect or circumstantial in car accident injury cases.
In many instances, product liability cases utilize circumstantial evidence such as expert witness testimony. In other cases, circumstantial evidence is used to establish that a product defect causes your injury. This type of circumstantial evidence could include:
- Information related to the history and use of the product that caused the accident
- Information regarding similar accidents and injuries caused by the product that harmed you
- Information regarding similar products that causes similar accidents
- Information regarding the most likely cause of the malfunction in the product that caused your injury
Circumstantial Evidence in Workers’ Compensation Cases
In Pennsylvania workers’ compensation cases, circumstantial evidence would be utilized in situations where the severity of your injury, its impact on your ability to perform the essential functions of your job, and the extent that your injury is disabling is disputed.
If you’ve been denied workers’ compensation benefits, or your workers’ comp benefits have been suspended or terminated, circumstantial evidence would be used to help prove your case and recover the compensation you deserve for your injury.
Sources:
https://dictionary.law.com/Default.aspx?selected=191
https://en.wikipedia.org/wiki/Circumstantial_evidence
https://legaldictionary.net/circumstantial-evidence/
https://www.law.cornell.edu/wex/res_ipsa_loquitur
Civil
Civil legal definition: Generally, Civil pertains to disputes not involving crimes, such as family matters, contracts, collection of debts, and compensation for personal injury or property loss. Unlike criminal cases, which look to punish the wrongdoer for a crime, civil cases are meant to compensate the harmed party, generally in the form of monetary damages paid from the defendant to the plaintiff.
Civil in Medical Malpractice Cases
In the majority of medical malpractice cases, if a settlement cannot be reached between the plaintiff and the defendant, the claim will proceed to civil court where the outcome will be decided by a judge and jury.
Contact a Pittsburgh medical malpractice lawyer today to review your case: (412) 672-5444
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Claim Form
Claim Form legal definition: A claim form is defined as a formal written request to an insurance company, the government, or other entity for compensation you believe you are entitled to under their rules or statutes.
Claim Forms and Car Accident Injury Cases
Claim forms are used when you want to recover compensation for the cost of the property damage sustained in a car accident. To recover damages, your car accident attorney will draft a demand letter. Demand letters include:
- Practical information such as the insurance reference number and the name of the person who owns or is covered by the policy that you are claiming is liable for your damages
- Relevant information related to the crash, including the date, location, details of how the accident occured, as well as why their insured is liable
- Information related to any statements their insured made taking fault for the accident or suggesting the crash was a result of their negligence
- Documentation enumerating the damages, including photographs and a work estimate from your mechanic or auto body shop
Claim Forms and Medical Malpractice Cases
If you believe that you or someone you care about was injured as a result of medical malpractice, it’s important to understand that you will likely be asked to complete a type of claim form prior to initiating a formal lawsuit. That’s because many healthcare plans contractually require victims of medical mistakes to enter into mediation following a malpractice complaint.
Medical malpractice claims are among the most complex to litigate, and the associated legal procedure and forms are best navigated with the assistance of a skilled personal injury attorney.
Claim Forms and Personal Injury Cases
Claim forms are involved in nearly every type of personal injury case. This includes:
- Car accidents
- Slip-and-falls
- Work accidents
- Medical malpractice
- Injuries caused by defective products
While claim forms vary depending on the type of accident, injury, and insurance company. However, all claim forms associated with personal injury cases will likely include the following components:
- Official reports – police or investigative reports, medical documentation, accident reconstruction analysis, emergency dispatch audio files
- Documentation – photos of injuries, property damage, and/or the accident scene, as well as any other audio or video that sheds light on the nature and extent of your injury
- Statements and notes – witness statements and any notes or journal entries you have describing the accident or your injuries
- Physical evidence
- Insurance policy information – both yours and the other party’s
- Financial documents – wage earnings statements, medical bills, invoices showing property damage repair costs
Claim Forms and Workers’ Compensation Cases
In the Pennsylvania workers’ compensation system, there are several types of claim forms. If you are hurt on the job, you must complete an initial claim form called a First Report of Injury.
Another type of claim form also come into play if your workers’ compensation case has been denied. It’s imperative to understand that while the claim form looks like a routine, procedural document, when you complete it, you are in actuality initiating the appeals process.
The appeals process is complex and costly, requiring medical documentation, depositions, and in some instances even expert testimony. If you’ve received a claim form following a workers’ compensation denial letter, it’s important to seek the help of an experienced attorney.
Sources:
https://www.alllaw.com/articles/nolo/medical-malpractice/how-file-claim.html
https://www.enjuris.com/personal-injury-law/personal-injury-claim-documents.html
https://www.dli.pa.gov/Businesses/Compensation/WC/claims/Pages/WC-Claim-Forms.aspx
Class Action
Class Action legal definition: A class action is a type of civil lawsuit. It differs from typical lawsuits, where a plaintiff sues a defendant and all parties are represented in court. In class action cases, there is:
- A representative plaintiff
- An attorney appointed to represent the class
The function of a class action lawsuit is to allow a group of plaintiffs to bring a complaint against a defendant in a single proceeding. The most common class action suits involve a large group of people – generally more than 40 – who have all claimed to be injured in the same way by the same person or product.
It should be noted that once a class action complaint is filed, a court must certify the class before the case can move forward – a procedure that differs from state to state.
Class Actions in Car Accident Injury Cases
Class actions are not typical in traditional car accident injury cases. However, class action suits have been initiated in cases where a mechanical error or other defect is liable. Examples include:
- A class-action was initiated against airbag manufacturer Takata following numerous reports that drivers had been injured or killed when their airbags ruptured upon activation because of a design defect.
- Motor vehicle giant GM was the subject of a class action lawsuit over faulty ignition switches that prompted the recall of 30 million vehicles. Faulty ignition switches were said to be responsible for more than 100 deaths.
Class Action in Medical Malpractice Cases
In recent years there have been several high-profile class action lawsuits related to medical errors. In these class actions, a group of plaintiffs with similar injuries or illnesses file suit against the party liable for associated damages.
Dangerous drugs and defective medical devices have been the subject of class action suits in recent years. Some examples include:
- A class action suit was filed against Zofran, a medication prescribed to treat symptoms of morning sickness and later found to cause birth defects.
- A class action suit was brought against the makers of the blood thinner Xarelto. Widely prescribed, the medication was found to cause severe and, in some cases, unstoppable internal bleeding.
- Class action lawsuits filed against defective medical devices like Essure, an implantable form of birth control that caused serious complications in some women.
Class Action in Personal Injury Cases
In order for a class action to be certified in a personal injury lawsuit, certain requirements must be met. They include:
- A representative plaintiff has suffered the same type of injuries or illness as the class being proposed
- The class must be clearly defined
- The size of the class is large enough to make separate court actions impractical and inefficient
- There is a common set of facts underlying all associated complaints
Sources:
https://www.classaction.org/list-of-lawsuits
https://pribanic.com/pribanic-pribanic-announces-settlement-gm-faulty-ignition-switch-killed-pa-man/
https://www.classaction.org/medical-devices
https://litigation.findlaw.com/legal-system/class-action-cases.html
https://www.alllaw.com/articles/nolo/personal-injury/class-action-lawsuit.html
Collateral Source Rule
Collateral Source Rule legal definition: Under collateral source rule, the reduction of damages awarded to an injured party cannot be reduced by the amount of compensation available to them through their insurance company or other independent sources.
In other words, the collateral source rule is a law in state jurisdictions that prevents the reduction of damages awarded to a plaintiff for injury, illness, or disability by the amount already recovered from a third party such as an insurer.
Collateral Source Rule in Medical Malpractice Cases
The collateral source rule affects medical malpractice and personal injury cases in much the same way. In the majority of courts, plaintiffs are required to share the monetary compensation they have received (or will receive) from third parties such as insurance companies or even friends and family. The collateral source rule differs from state to state, but generally, a defendant may ask for the rule to be placed in effect if it hasn’t been already. Contact a Pittsburgh medical malpractice lawyer today to review your case: (412) 672-5444
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Comparative Negligence
© Pribanic & Pribanic
Comparative Negligence legal definition: Comparative negligence is a type of legal defense that compares a plaintiff’s contributory negligence to that of the defendant. Under Pennsylvania’s comparative negligence statute, damages in legal cases are reduced in proportion to the degree in which a plaintiff is negligent.
For example, if you were injured in a car accident and you were deemed 25 percent negligent, the legal compensation you collect will be reduced by 25 percent.
A fact-finder (generally a judge or jury) decides the percentage of liability for both the defendant and the plaintiff.
Comparative Negligence and Car Accident Injury Cases
If you’ve been injured in a car accident because of the negligence of another driver, your ability to recover legal compensation will be largely based on whether you can prove that they were liable.
Comparative negligence is used as a partial legal defense in most car accident injury cases – especially those in which both parties are at least partially to blame for the incident.
For example, comparative negligence would come into play if you were seriously injured after you made an illegal turn at an intersection and were struck by a tractor trailer that ran a red light. In such cases, a fact finder – generally a mediator, judge or jury – will determine each parties level of liability.
While most states use comparative negligence when determining fault in car accident injury cases, rules on how it affects a victim’s ability to recover legal compensation differ. Generally there are two types of comparative negligence:
- Pure Comparative Negligence
In states that use a pure comparative negligence system, a victim’s damages is reduced by the percentage by which they were deemed to be at fault for the accident. For example, a car accident injury victim found to be 25 percent liable would recover only $75,000 of a $100,000 award. New York and California are among the states that utilize a pure comparative negligence system. - Modified Comparative Negligence
As a general rules, states that use a modified comparative negligence system allow car accident injury victims to recover personal injury damages, but only if they are less than 50 percent at fault. It should be noted that in Pennsylvania, an injury victim must be less than 60 percent liable in order to recover legal damages. This means that a car accident injury victim who was deemed to be 59 percent liable would recover $41,000 of a $100,000 award. A victim who was deemed to be 60 liable would be able to recover nothing.
Understanding the rules related to comparative negligence could meant the difference between recovering the legal compensation you deserve for your injuries and, in some cases, getting nothing for your pain. Hiring an experienced car accident injury attorney will ensure the best-possible outcome in your case.
Comparative Negligence and Medical Malpractice Cases
In some medical malpractice cases, an injured patient’s ability to recover legal compensation can be reduced or sometimes even eliminated because of their own negligence. That’s because most malpractice cases allege that a doctor or medical provider failed to use the proper standard of care when providing treatment.
To defend these types of claims, the doctor or healthcare provider will claim the patient’s own negligence:
- Caused the injury
- Contributed to the injury or
- Prevented recovery
A patient could be considered comparatively negligent if they:
- Provided false or misleading information related to their health history
- Failed to follow their healthcare provider’s instructions
- Lied about the nature, cause, or other key details of the injury or illness
- Participated in activities that exacerbated their injury or illness
If you or someone you love has been the victim of medical malpractice, it’s important to understand how comparative negligence could possible impact your ability to successfully recover the legal compensation you deserve. It’s important to seek the advice of a skilled medical malpractice attorney before proceeding.
Comparative Negligence and Personal Injury Cases
One of the cornerstones in any personal injury case is: Who is liable for the injury? In many cases, the person who has been injured is at least partially to blame for the accident that hurt them. In these cases, comparative negligence must be determined.
There are two types of comparative negligence in personal injury cases: pure comparative negligence and modified comparative negligence, and each state adopts their own rules.
Pennsylvania uses a modified comparative negligence system. That means:
- Person may recover personal injury damages if it is deemed that they were no more than 60 percent at fault
- The injury victim’s financial recovery will be reduced by the percent they were liable. A plaintiff who was determined to be 10 percent at fault would recover $90,000 of a $100,000 reward.
Comparative Negligence and Workers’ Compensation Cases
In Pennsylvania, comparative negligence does not play a role in an injured employee’s ability to recover workers’ compensation benefits. Workers injured on the job are entitled to comp benefits regardless of whether their own behavior contributed to their injury.
Sources:
https://en.wikipedia.org/wiki/Comparative_negligence
https://www.nolo.com/legal-encyclopedia/car-accident-defenses-contributory-comparative-30148.html
https://www.alllaw.com/articles/nolo/medical-malpractice/comparative-contributory-negligence.html
Compensatory Damages
Compensatory Damages legal definition: In personal injury lawsuits, compensatory damages are one of two types of legal compensation that can be awarded. Unlike punitive damages that are intended to punish a defendant for wrongdoing, the purpose of compensatory damages is to reimburse or compensate them for losses associated with their injuries.
Types of compensatory damages include money for:
- Medical bills
- Missed paychecks
- Future lost wages due to diminished earning capacity
- Property damage
- Emotional distress
Compensatory Damages and Car Accident Cases
In car accident injury cases, compensatory damages are just that: Damages awarded to compensate you for something you lost. Some types of compensatory damages are straightforward and therefore simple to calculate. They include:
- Reimbursement for costs associated with medical treatment
- Compensation for sick days and other time spent off work because of your injuries
- Money to repair property damage sustained in the accident that caused your injury
Other types of compensatory damages, however, are more difficult to quantify, and are best negotiated with the help of an experienced car accident injury attorney. These types of compensatory damage include:
- Loss of enjoyment
- Emotional distress
- Loss of consortium (this refers to how the relationship between the injury victim and their partner and/ or family was negatively impacted)
- Pain and suffering
Compensatory Damages and Medical Malpractice Cases
Compensatory damages in medical malpractice cases are similar to those in other personal injury actions but the amounts are often much larger. That’s because victims of medical mistakes often face catastrophic injuries that last a lifetime.
It is especially important for victims of medical malpractice to understand the types of compensatory damages available under the law, as well as how those awards are calculated. In medical malpractice cases there are two types of compensatory damages – special damages (also referred to as economic damages) and non-economic damages.
Special damages are those that can be exactly calculated. They include things such as medical bills, missed paychecks, and diminished earnings capacity. Non-economic damages are more difficult to attach a dollar figure to, and include things such as loss of enjoyment of life and emotional distress.
If you or someone you care about was injured because of medical malpractice, it’s important to enlist the help of an experienced personal injury attorney. This is especially true if there is any ambiguity regarding your earnings prior to your injury. Even seemingly straightforward compensatory damages like missed paychecks and lost earning potential could be jeopardized in certain cases.
You should call a skilled medical malpractice attorney today if any of the following apply in your injury case – the legal compensation you receive could depend on it:
- You were not working at the time you were injured
- You had plans to take another job at a higher rate of pay, but could not accept solely because of your injury
- You were self-employed at the time of the incident that caused your injury
Compensatory Damages and Personal Injury Cases
Compensatory damages are those meant to reimburse or pay a defendant for injuries suffered, property damage sustained, or other losses incurred. They are available in nearly every type of personal injury case, including:
- Motor vehicle accidents
- Medical malpractice
- Slip and fall
- And in some instances, even wrongful death
However, there are several types of compensatory damages in personal injury cases. Special damages are those that specifically relate to the injury victim. Special damages include things such as:
- Past, present, and future medical bills
- Missed earnings, past and present
- Household expenses
In personal injury cases, general damages can also be awarded. These compensate an injury victim for non-monetary losses that are more difficult to quantify. General damages can include:
- Emotional distress
- Loss of enjoyment
- Payments for pain and suffering
In some cases compensatory damages are also paid out in wrongful death cases. These damages are paid out to the victim’s family or loved ones. Types of compensatory damages awarded in wrongful death suits can include:
- Reimbursement for burial and funeral expenses
- Costs associated with medical treatment, hospice, and other care rendered prior to death
- Loss of companionship
- Loss of economic support
Compensatory Damages and Workers’ Compensation Cases
Compensatory damages do not come into play in Pennsylvania Workers’ Compensation cases. That’s because employees injured on the job in Pennsylvania are paid is set by the Workers’ Compensation Act. Workers’ Compensation wages are generally about two-thirds of a workers’ regular rate.
Sources:
https://litigation.findlaw.com/legal-system/what-are-compensatory-damages.html
https://www.nolo.com/legal-encyclopedia/damages-how-much-personal-injury-32264.html
https://www.alllaw.com/articles/nolo/medical-malpractice/types-damages-compensation.html
https://www.alllaw.com/articles/nolo/personal-injury/types-of-compensation.html
Cumulative Injury
Cumulative Injury legal definition: A cumulative injury is a common type of work malady caused by repeated events or exposure, or from making repetitive motions. Two common types of cumulative injuries are hearing loss and carpal tunnel syndrome.
- Repetitive stress injuries (RSIs)
- Cumulative trauma disorders (CTDs)
- Repeated motion injuries (RMIs)
Cumulative Injuries and Workers’ Compensation Cases
Cumulative injury claims come into play in workers’ compensation cases and settlements. While many work injuries happen as a result of a single accident, cumulative injuries happen as a result of repeated events and exposure over a long period of time.
Because cumulative injuries such as hearing loss, carpal tunnel, and back trauma happen over an extended period of time, proving that they were caused on the job can require medical records and even expert witnesses.
If you suffered a cumulative injury on the job and are filing an initial work comp claim, have been denied work comp, or are seeing a settlement, don’t go it alone – call an experience workers’ compensation attorney to help you navigate the system.
Sources:
https://www.irmi.com/term/insurance-definitions/cumulative-injury
D
Damages
Damages Legal Definition: In the legal world, the term damages refers to the monetary compensation awarded to an injured party. The function of damages is to “make them whole” following the injury. There are two types of damages: compensatory and punitive.
Compensatory damages are those that reimburse – or compensate – the victim for financial losses and/or property damage. Also known as actual damages they include compensation for:
- Medical bills
- Missed paychecks
- Property or car repairs
- Emotional distress
- Pain and suffering
Punitive damages are imposed to punish a wrongdoer and/or to deter them from behaving similarly in the future. How much punitive damages are awarded is dependent on many factors, including:
- How egregious the action was
- Whether or not similar punitive damages have been awarded in similar cases
- The difference between the amount of the defendant’s actual losses compared with the amount of requested punitive damages
The amount of damages awarded can vary greatly from case to case, and some states have even taken steps to limit punitive damages. However, high punitive damages are awarded in cases where:
- The harm done is difficult to quantify
- The injury will require years, or even a lifetime of medical care to manage
- The defendant’s conduct was extraordinarily offensive.
Damages and Car Accident Cases
Car accident injury victims are entitled to several types of compensatory damages. They include:
Medical expenses such as:
- Physical therapy
- In-home medical services and/or hospice care
- Consultation fees and co-pays
- Ambulance costs
- Medical and/or adaptive equipment (from heating pads and crutches to prosthetic limbs)
Payments for pain and suffering to account for:
- Emotional distress
- Loss of consortium or affection
- Loss of enjoyment of life
Reimbursement for physical damage such as:
- Car repairs
- Property repairs
Payments for lost wages, including:
- Money for missed paychecks
- Compensation for future diminished earning capacity
While possible, punitive damages awards are rare in car accident injury cases.
Damages and Medical Malpractice Cases
Victims of medical mistakes are eligible for both compensatory damages, and in cases of gross medical misconduct, punitive damages may be levied.
Compensatory damages in medical malpractice cases is intended to compensate the victim for actual harm caused by their medical provider. This includes compensation for medical bills, missed paychecks, and pain and suffering.
While punitive damages are possible in medical malpractice cases, they are rare. Punitive damages would be awarded in cases where the medical provider engaged in intentionally reckless behavior, or knowingly caused harm.
In recent years there has been a push to reform medical malpractice laws and cap punitive damages. While some states have statutory limits on punitive damages, in some jurisdictions the amount is based on the discretion of a judge.
Damages and Personal Injury Cases
Compensatory and punitive damages are paid out in personal injury cases to compensate a victim for the actual harm done to them.
Compensatory damages are available in every personal injury action, no matter if you were hurt in a car accident, because of a slip and fall, or as a result of a product defect or medical error. Punitive damages are more rare across the board, and are awarded in cases where gross negligence exists.
Gross negligence is defined as reckless behavior that disregards the rights, life, and safety of others.
Damages Legal Definition: Workers’ Compensation Cases
When it comes to damages, it should be noted that while you may receive payments for pain and suffering in personal injury actions, they are not available in workers’ compensation cases. With workers’ comp, you are entitled to receive:
- Weekly compensation checks
- Payment of medical bills
- Vocational rehabilitation
Sources:
https://legal-dictionary.thefreedictionary.com/damage
https://www.law.cornell.edu/wex/damages
https://legaldictionary.net/punitive-damages/
https://www.alllaw.com/articles/nolo/personal-injury/damages.html
https://www.alllaw.com/articles/nolo/medical-malpractice/punitive-damages.html
https://www.alllaw.com/articles/nolo/personal-injury/punitive-damages-gross-negligence.html
https://www.alllaw.com/articles/nolo/workers-compensation/difference-personal-injury-claim.html
Defensive Medicine
Defensive Medicine Medical definition: Defensive medicine refers to any medical practice, procedure, or treatment that a doctor or healthcare professional undertakes that seeks to avoid and/or minimize the chances of a medical malpractice lawsuit and not to serve the best interests of the patient. Some examples of defensive medicine include:
- Ordering unnecessary tests
- Prescribing medication at higher doses or for longer periods than necessary
- Over-treating patients with antibiotics
- Avoiding high-risk patients
- Performing unnecessary procedures/or not performing potentially risky but beneficial procedures
Defensive Medicine in Medical Malpractice Cases
Defensive medicine results in billions of wasted dollars every year, a price that eventually trickles down to the patient making medical costs higher than need be. When a healthcare professional bases a decision not on what is best for the patient, but on what will give him or her the least exposure to liability, the professional is practicing defensive medicine.
Ultimately, practicing defensive medicine is not good for patients or physicians. The adverse effects of defensive medicine are not limited to the increased cost of healthcare, but also affect the overall quality of the healthcare system.
Contact a Pittsburgh medical malpractice lawyer today to review your case: (412) 672-5444
Sources:
Denied Claim
Denied Claim legal definition: In workers’ compensation cases, a denied claim is one in which the insurance company refuses to comply with requests to provide benefits or services associated with a policy.
Denied Claims and Car Accident Cases
If you were injured in a car accident and your car sustained damage, you probably filed an insurance claim. Unfortunately, many car accident injury victims have their claims denied.
Your car accident claim may be denied if:
- The incident was deemed to be avoidable
- There was no complaint or claim made at the time of the accident
- There was no medical treatment sought following the incident in question.
- Medical records don’t indicate that an injury exists
- You have a pre-existing condition
If you were injured in a motor vehicle accident and your claim has been denied, calling an experienced car accident injury lawyer may mean the difference between getting the legal compensation you deserve and being left on the hook to pay for medical and other expenses related to your crash.
Denied Claims and Medical Malpractice Cases
In medical malpractice cases, claims are often denied based on an investigation conducted by the professional liability insurance provider who covers your medical provider.
Medical malpractice cases are complex and best navigated with the help of an experienced attorney who can help you build the best possible case. Presenting all available information will help ensure that your medical malpractice claim is not denied.
Your claim should include as much supporting evidence as possible to support your allegations. The evidence presented in your medical malpractice claim should include:
- Photographs of your injury
- Your medical history
- Depositions from people who witnessed the malpractice, as well as your condition afterward
- Depositions from your current medical provider
Victims of medical errors have a limited time to file claims. If you’ve received a denied claim, it’s imperative to contact an experienced medical malpractice attorney to help get your case on the right track.
Denied Claims and Personal Injury Cases
Insurance companies are in business to make money, and they keep their budgets fat by denying personal injury claims. If you were injured as a result of a car accident, slip and fall, defective product, or medical malpractice, it’s important to understand the reasons why your personal injury claim can be denied.
There are many reasons why insurance companies may deny your claim. Your denied claim could have been because of:
- A policy exclusion
- A lapse of coverage
- The expiration of your coverage
- It was incorrect or incomplete
- Your medical records were omitted
- A pre-existing condition
- Your perceived failure to avoid or mitigate the circumstances surrounding your accident
Injury victims have strict deadlines by which to respond to a denied claim. If you received notice that your claim has been denied, it’s imperative to seek the advice of a skilled personal injury attorney.
Denied Claims and Workers’ Compensation Cases
Pennsylvania workers’ compensation claims are denied when the insurance company does not believe that your injury or illness was the result of work duties. Injured employees who are denied claims must fill out what’s known as a claim petition to begin the formal appeals process.
If your initial workers’ compensation claim was denied and you decide to appeal, hiring an attorney will be highly recommended. The appeals process requires many complex and costly steps that are best handled by a lawyers. Not only will you be required to obtain copies of your medical records, but you will also be required to depose doctors and even expert witnesses.
Be aware that appeals must be filed in a timely manner. If you were hurt on the job and you initial workers’ compensation claim was denied, contact an experienced lawyer as soon as possible to protect your legal rights moving forward.
Sources:
https://www.alllaw.com/articles/nolo/auto-accident/when-why-insurance-claim-denied.html
Deposition
Deposition legal definition: A deposition is testimony given under oath outside the confines of a courtroom. The purpose of depositions is essentially to get important case-related information on the record. Depositions are recorded by an authorized officer for later use in court proceedings. While procedures for depositions vary from state to state, they are generally attended by an authorized officer, the person being deposed, and attorneys from both sides.
Depositions can be costly because there are fees for the court reporter or another authorized agent to transcribe and prepare a written report. There may also be fees associated with expert witnesses called to make a statement on your behalf.
If you are being deposed as part of a personal injury claim, it’s important to come prepared. Prior to a deposition make sure you review:
- Your medical records
- Your notes regarding the accident
- Information related to your injury and their symptoms
- Details related to missed work
As a rule of thumb in depositions:
- DO listen to the entire question before proceeding with an answer
- DO answer clearly
- DON’T volunteer information
- DON’T guess
- DON’T get flustered
Remember: You will receive a written transcript of all depositions, and can make necessary corrections once the report is received.
Depositions and Car Accident Cases
Depositions in car accident cases are very common. They come into play following the initial filing of a suit, during what it known as the discovery process. Many different types of questions are posed during a deposition, which may touch on issues related to:
- Your personal information such as your address, date of birth, and immediate family members
- Your medical history
- Your recollections of the accident that caused your injuries
Car accident cases can include depositions from myriad parties, including:
- Witnesses to the accident
- Medical providers
- Defense witnesses
- Expert witnesses
Depositions and Medical Malpractice Cases
In medical malpractice cases, depositions are taken during the discovery process, which could last a year or longer. During this time, attorneys for both parties seek out documents and information to help bolster their case.
Depositions are essential to building a medical malpractice case. In addition to deposing witnesses to the malpractice and the ensuing injuries, as well as all involved medical providers, it is often necessary to hire an expert witness.
Deposing witnesses in medical malpractice cases is legal work best left to experienced attorneys. If you have been the victim of a medical error and are seeking legal compensation, call a malpractice attorney today for the best possible outcome in your case.
Depositions and Personal Injury Cases
Depositions are a regular part of nearly every type of personal injury case including those caused by:
- Car accidents
- Defective products
- A slip and fall accident
- Medical Malpractice
- Workplace accident
No matter how you were injured, don’t go it alone: Depositions can help make or break your injury claim. Let an experienced personal injury lawyer handle the legal legwork so you can get the maximum amount of legal compensation allowed by law.
Depositions and Workers’ Compensation Cases
Depositions are a routine part of most workers’ compensation cases. Generally, depositions in workers’ compensation claims involve questions regarding:
- Your background
- Prior work injuries
- How the accident occured
- Medical treatment you are undergoing or have undergone
- Current work limitations
Depositions also come into play when your workers’ compensation claim has been denied and you appeal the decision.
Sources:
https://www.alllaw.com/articles/nolo/auto-accident/depositions-car-accident-injury-case.html
https://www.alllaw.com/articles/nolo/medical-malpractice/lawsuit-timeline.html
https://www.nolo.com/legal-encyclopedia/how-handle-deposition-your-workers-comp-case.html
Direct Liability
Direct Liability legal definition: Direct liability refers to a situation where a person or company becomes liable to another based on their own acts or omissions.
Direct Liability in Medical Malpractice Cases
Direct Liability comes into play in medical malpractice cases when a doctor, physician, nurse, or other health care provider (even a hospital or emergency room) is directly responsible for the harm or injury caused to a patient. This is in contrast to indirect liability where, say, a hospital agrees to pay damages to a patient injured by a doctor employed at that hospital. If a hospital or health care provider is found to be directly liable for a patient’s injuries, that constitutes a medical malpractice case where the injured party takes the guilty party to court. To learn more, see: Liability legal definition
Contact a Pittsburgh medical malpractice lawyer today to review your case: (412) 672-5444
Sources:
- https://www.insuranceopedia.com/definition/1561/direct-liability
- https://www.mylawquestions.com/what-is-a-direct-liability.htm
Disability
Disability legal definition: In a legal context, disability refers to a lack of competent physical and mental faculties. An individual with a disability is incapable of exercising the legal rights possessed by a typical person. Minors, people convicted of crimes, and people who are mentally incapacitated all fall under this description.
Disability and Workers’ Compensation Cases
In Pennsylvania, employees injured on the job are entitled to replacement wages and medical care through the workers’ compensation. If a worker must take time off work to recover from an injury for which their employer is liable, they may collect temporary or permanent disability benefits.
It should be noted that in some instances, an employee hurt at work is eligible to receive both workers’ comp and state disability benefits.
If you or someone you care about was injured at work, and you have questions about eligibility requirements for work comp or state disability benefits, your best bet is to call a law firm that intimately understands these liability issues. Contact the skilled attorneys at Pribanic & Pribanic to see what legal compensation you are entitled to for your disability.
Sources:
https://legal-dictionary.thefreedictionary.com/disability
Discovery
Discovery legal definition: Discovery is defined as the fact-finding process in legal proceedings. The function of discovery is to allow all parties to prepare a case for a trial. The purpose of the discovery process? For all parties in a case to “discover” the facts through a free flow of information related to each side’s legal claim.
The discovery process occurs after a legal action has been filed, and strict deadlines must be followed. Discovery regulations are set by state rules of evidence.
Discovery and Car Accident Cases
Often the discovery process helps facilitate pre-trial settlements in some cases, including car accident injury claims. After a car accident injury case has been filed, the discovery process begins. The goal is to glean as many facts as possible about the accident and the injuries it spurred.
Through the discovery process, both sides are permitted the opportunity to request information related to:
- How the accident occured
- The type and severity of your injuries
- The injury victim’s driving and medical history
- Applicable insurance policies
- And more
Failing to comply with a discovery request, or missing a deadline related to the process can be detrimental to your case. Understanding and navigating the discovery process is best done with the help of an experienced car accident injury attorney. If you or someone you care about has been seriously injured in a car accident, call Pribanic & Pribanic today.
Discovery and Medical Malpractice Cases
In medical malpractice cases, the discovery process allows both the plaintiff and defendant the opportunity to request and obtain relevant, claim-related information. During this process:
- Both parties can request documents, medical records, and other information
- The injury victim will be questioned under oath by the accused doctor’s attorney
- The doctor accused of medical malpractice will be questioned under oath by the attorney representing the injury victim
The goal of discovery in medical malpractice cases is to determine several issues:
- Did a patient-doctor relationship exist?
- What was the nature of the care provided?
- Did the care provided cause the alleged injury?
- Were the doctor or health care provider’s actions negligent, or did the behavior meet the accepted standard of medical care?
If you’ve been the victim of a medical mistake, and you wish to file a malpractice suit, we recommend first seeking the advice of a skilled personal injury attorney – the discovery process is complex at best. It’s best to have an experienced law firm on your side.
Discovery and Personal Injury Cases
The discovery process is integral to any personal injury case, no matter if you were hurt in a slip and fall or car accident, you were the victim of a medical mistake or defective product.
Generally, there are three types of discovery requests:
- Written discovery: Sometimes referred to as interrogatories, these discovery requests seek to determine someone’s version of events related to the case.
- Depositions: Both the defendant and plaintiff in a personal injury case are permitted to request witnesses in the case to be deposed. This means that they are questioned under oath about the facts related to the case.
- Document reproduction: Attorneys for both the injury victim and the defendant may request that myriad types of documents be reproduced and turned over, including medical records, driving records, and even digital records like emails and text messages.
No matter what kind of personal injury action you may have, it’s imperative to seek professional help with the discovery process. While some parts of a personal injury claim may be effectively handled by a layperson, the discovery process is not one of them.
Sources:
https://www.nolo.com/legal-encyclopedia/formal-discovery-gathering-evidence-lawsuit-29764.html
https://dictionary.law.com/Default.aspx?selected=530
https://corporate.findlaw.com/litigation-disputes/stages-of-a-medical-malpractice-case.html
https://injury.findlaw.com/accident-injury-law/stages-of-a-personal-injury-case.html
Dismissal With Prejudice
Dismissal with prejudice legal definition: Dismissal with prejudice means that a civil case has been dismissed on its merits and that the judgement rendered is final. When a case has been dismissed with prejudice, the plaintiff is prohibited from bringing a future court action on the same claim.
A case may be dismissed with prejudice if:
- It lacks sufficient grounds for legal action
- It was brought with bad faith
- The statute of limitations has expired
- There are jurisdictional issues
Dismissal Without Prejudice
Dismissal Without Prejudice legal definition:
Dismissal with prejudice means that a civil case has been dismissed on its merits and that the judgement rendered is final. When a case has been dismissed with prejudice, the plaintiff is prohibited from bringing a future court action on the same claim.
Dismissal without prejudice:
- May be based on procedural errors
- Treats a lawsuit as though it never commenced
- May be granted in response to stipulations, a court order, or notice of dismissal
Sources: https://definitions.uslegal.com/d/dismissed-without-prejudice/
Dismemberment
Dismemberment medical definition: Dismemberment refers namely to the loss or removal of limbs from the body such as hands, arms, feet, or legs. Dismemberment is a serious situation that may occur as a result of an accident. It is also unfortunately sometimes an avoidable outcome in certain medical settings regarding failure to diagnose, surgical accidents, and/or other instances of medical malpractice that require a bodily limb to be removed due to avoidable medical damage.
Dismemberment in Medical Malpractice Cases
Unfortunately, sometimes operations or other medical procedures go wrong, whether they are routine or more complicated. In some cases, if nerves are damaged, if certain conditions are not addressed soon enough, or if a serious enough medical mistake occurs, it may result in the accidental or unavoidable loss of a limb from the body. Dismemberment is a serious allegation and if you find yourself in this situation, don’t hesitate to contact an experienced medical malpractice attorney today to fight for the compensation and justice you deserve.
Contact a Pittsburgh medical malpractice lawyer today to review your case: (412) 672-5444
Sources:
Dram Shop Act
Dram Shop Act legal definition: Pennsylvania’s Dram Shop Act makes it unlawful for businesses and private party hosts to furnish alcohol to minors and visibly intoxicated patrons. The purpose of the Dram Shop law is to make these establishments liable for any property damage and injuries caused as a direct result of serving a visibly intoxicated person.
In order to successfully sue under the Dram Shop Act in Pennsylvania, you must be able to prove that:
- An employee or agent of the bar, restaurant, or private party host served alcohol to a visibly intoxicated person
- The employee or agent’s decision to serve alcohol to the visibly intoxicated person directly led to injuries and/or property damage
Patrons are deemed to be visibly intoxicated if:
- Their eyes are bloodshot
- Their speech is slurred
- They are staggering
Dram Shop Act and Car Accident Cases
Thousands of people each year are injured in drunk driving accident in Pennsylvania – many after being over-served at local drinking establishments.
If a drunk driver leaves one of these establishments after being over-served and then causes a serious accident, the business can be sued under the Dram Shop Act in Pennsylvania for bodily injury and property damage claims.
Dram Shop Act and Personal Injury Cases
There are two scenarios where Pennsylvania’s Dram Shop Act would come into play in a personal injury claim.
If drinking establishment, bar, or private party host serves a visibly intoxicated patron, and that person starts a fight and injures someone, the victim can file suit under Pennsylvania’s Dram Shop Act for legal compensation.
Similarly, a visibly intoxicated patron who is served alcohol and slips and falls on their way home could sue the business under the Dram Shop Act.
Sources:
Duty of Care
Duty of Care legal definition: Duty of care refers specifically to a doctor’s responsibility toward their patient when they agree to treat them. It upholds a standard for care that should be practiced toward a patient to protect them from unnecessary risk or harm. Any actions that do not uphold this duty of care are generally considered negligent and often lead to medical malpractice lawsuits.
Duty of Care in Medical Malpractice Cases
When failure to uphold the duty of care results in negligence or medical malpractice and adverse outcomes for a patient, the doctor or practitioner can and should be held liable for the damages that result. Failure to uphold duty of care can give rise to a medical malpractice claim, especially if the patient can prove that the doctor’s failure led to injury or other economic or non-economic harm.
Contact a Pittsburgh medical malpractice lawyer today to review your case: (412) 672-5444
Sources:
- https://www.merriam-webster.com/medical/duty%20of%20care
- https://dictionary.law.com/Default.aspx?selected=599
Dysarthria
Dysarthria medical definition: Dysarthria is a speech disorder caused by a weakness in the facial muscles that produce speech. In less serious cases, there may only be a slight slurring of speech, however, in more severe cases, speech may be impossible altogether. Dysarthria is a condition that often affects people with cerebral palsy and other brain and neurologically related conditions.
Signs and symptoms of dysarthria vary depending on the underlying cause. Some symptoms may include:
- Slurred or slow speech
- Inability to speak louder than a whisper or speaking too loudly
- Rapid speech that is difficult to understand
- Uneven or abnormal speech rhythm
- Monotone speech
- Difficulty moving the tongue or facial muscles
The causes of dysarthria are numerous and range from conditions such as Guillain-Barre syndrome, ALS, Lyme disease, and Parkinson’s disease, to certain kinds or medications or medication errors, head injuries, stroke, and brain injuries.
Dysarthria in Medical Malpractice Cases
Dysarthria can be a sign of numerous different conditions that require medical attention. If your dysarthria was caused by a medication error or another form of medical negligence, you may have grounds for a medical malpractice lawsuit.
Contact a Pittsburgh medical malpractice lawyer today to review your case: (412) 672-5444
Sources:
E
Eligible Survivor
Eligible Survivor legal definition: Eligible survivors are those left behind after the event of a wrongful death. Eligible survivors can vary from state to state, but generally include spouses and children, and/or others who were financially dependent on the deceased.
Eligible Survivor in Medical Malpractice Cases
In the case of a patient’s death due to medical malpractice, it is the responsibility of those close family members left behind, such as children or spouses, to file a suit and seek compensation from the negligent party (or parties) involved. It is important to understand your status as an eligible survivor as the conditions of this status may affect a wrongful death lawsuit.
Contact a Pittsburgh medical malpractice lawyer today to review your case: (412) 672-5444
Sources:
- https://www.lawinsider.com/dictionary/eligible-survivor
- https://www.nolo.com/legal-encyclopedia/wrongful-death-claims-overview-30141.html
Emergency Medical Technician
Emergency Medical Technician medical definition: An emergency medical technician or EMT is an allied healthcare professional that provides care to patients in need of immediate medical treatment. EMTs specialize in emergency medicine and tactics that usually can occur before a patient is even brought into a hospital. EMTs work to stabilize patients before transporting them to healthcare facilities, monitor vital signs, and administer medication as necessary.
Emergency Medical Technician in Medical Malpractice Cases
As medical professionals who administer medicine and medical treatment in emergency situations where time is of the essence, EMTs can also be liable for medical malpractice. EMTs are often the first responders to the scene of an accident or emergency and have the unique responsibility of stabilizing victims, and for doing everything possible to ensure they are able to endure the transport to a hospital or other facility where they will receive the rest of their care. There are lots of things that can go wrong in these kind of high-stress situations, and in some cases first responders and/or EMTs may be held responsible for negligence.
Contact a Pittsburgh medical malpractice lawyer today to review your case: (412) 672-5444
Sources:
Emotional Distress
Emotional Distress legal definition: “Emotional distress” is a type of claim made in personal injury lawsuits. Damages for emotional distress are generally awarded in conjunction with compensation for physical injuries suffered in an accident caused by the negligence of another.
In order to make an emotional distress claim, an injury victim must prove that:
- The emotional distress is more than fleeting
- The emotional distress was caused by the defendant
- The emotional distress is medically significant
Proving the existence and extent of emotional distress generally requires validation by a medical professional such as a therapist or psychologist.
Emotional Distress and Car Accident Cases
In car accident injury cases, a victim’s ability to recover damages for emotional distress is dependent on the severity of physical injuries, as well as the type of insurance coverage carried by the drivers involved.
While limited-tort insurance policies allow car accident injury victims to recover legal compensation for bodily injury and property damage claims, it limits their ability to demand payments for pain and suffering EXCEPT in cases where there is a serious injury.
It’s important to note, however, that the term “serious injury” is defined as one that results in:
- Death
- Permanent disfigurement
- Serious impairment of bodily function
Because of that rigid definition of “serious injury,” emotional distress is a type of pain-and-suffering claim that generally only comes into play if a full-tort policy does, too.
Emotional Distress and Medical Malpractice Cases
In medical malpractice cases, “emotional distress” refers to the non-physical ailments suffered by the victim. Generally, claims for emotional distress are related to a physical injury.
Emotional distress claims can be made for:
- Fear
- Anger
- Anxiety
- Embarrassment
- Loss of enjoyment of life
- Acute Stress Disorder
- Post Traumatic Stress Disorder
- Depression
The amount of legal compensation awarded for emotional distress claims varies, and can depend on many factors including:
- The severity of the injury and/or mental ailment
- Available evidence in the case
- The believability of medical and personal witnesses
Emotional Distress and Personal Injury Cases
Damages for emotional distress are a component of many types of personal injury claims, and are meant to compensate victims for the mental and emotional impact the accident had on their lives.
Emotional distress claims come into play in nearly all types of personal injury actions. They include:
- Car accidents cases
- Medical malpractice cases
- Defective product cases
- Slip and fall cases
- Nursing home abuse cases
However, the compensation awarded to an injury victim is commiserate with the quality of evidence proving your claim. Proving the extent of your emotional distress often requires a great deal of evidence, including a personal daily journal, medical records, testimony from mental health providers, and more.
Emotional Distress and Workers’ Compensation
Emotional distress claims are not permitted under the Pennsylvania Workers’ Compensation Act.
Sources:
http://dictionary.law.com/Default.aspx?selected=620
https://www.law.cornell.edu/wex/emotional_distress
https://www.alllaw.com/articles/nolo/personal-injury/emotional-distress-damages.html
https://injury.findlaw.com/car-accidents/does-pain-and-suffering-include-emotional-distress.html
Estoppel
Estoppel legal definition: The function of Estoppel is to prevent someone (i.e.: a plaintiff or defendant) from claiming something during court proceedings that contradicts either a previous statement or something already proven to be true. An estoppel may be requested by either the plaintiff or defendant in a case.
An estoppel may be requested because:
- A plaintiff or defendant utilized previous testimony and/or court decisions to substantiate their claim
- They’ve made strategic decisions based on a set of previously established facts
- It prevents the court from having to rule on the same issue multiple times
There are two types of estoppel:
Non-Mutual Defensive Collateral Estoppel
Non-mutual defensive collateral estoppel is when a defendant attempts to prevent a plaintiff in their case from re-litigating an issue previously decided against the them in another lawsuit against another party.
Non-Mutual Offensive Collateral Estoppel
Non-mutual offensive collateral estoppel is when a plaintiff attempts to prevent a defendant from re-litigating an issue that was previously decided against them in another lawsuit against another party.
Requesting an estoppel is a procedural part of your personal injury case that is best navigated with the help of an experienced attorney.
Sources: https://www.nolo.com/dictionary/estoppel-term.html
https://legaldictionary.net/collateral-estoppel/
Expert Witness
Expert Witness legal definition: An expert witness is someone who is permitted to testify in court because they have special education, training, knowledge, or proficiency in a field relevant to the case. Expert witnesses are common in both civil and criminal cases.
The purpose of expert witnesses vary. Basically, there are two types of expert witnesses:
- Consulting witnesses, who help clarify and explain key elements of a complex case but who generally do not testify in court
- Testifying experts, who appear in court, are subject to discovery and cross-examination
Types of expert witnesses include:
- Medical experts
- Manufacturing experts
- Engineering expert
Expert Witnesses and Car Accident Cases
Expert witnesses are often somewhat common in car accident injury cases. Expert witnesses can help bolster and add credibility to a claim. Car accident injury victims may hire an expert witness to provide information related to:
- Dangerous road conditions and intersections
- Accident reconstruction
- Defective car parts
- How alcohol, illegal drugs, or prescription medications can affect driving ability
- And more
While effective, expert witnesses are expensive. It’s best to enlist the help of an experienced personal injury attorney to see if hiring an expert witness will help in your car accident injury case.
F
Failure to Diagnose
Failure to Diagnose legal definition: Failure to diagnose is a form of medical malpractice committed by a doctor who fails to provide an accurate or timely diagnosis. Failure to diagnose can cause serious damage and even death to patients who do not receive prompt and adequate medical care as needed due to delayed or improper diagnosis. If a doctor fails to order the appropriate tests, follow up on warning signs, or provide adequate care, it can lead to the unnecessary suffering of patients.
Failure to Diagnose in Medical Malpractice Cases
Time lost in treatment can lead to severe worsening of the condition, and in many cases, wrongful death. If you or a loved one has suffered due to misdiagnosis or delayed diagnosis, the attorneys at Pribanic & Pribanic are here to help you explore your legal options. We handle a wide range of medical negligence cases, including those involving the misdiagnosis and delayed diagnosis of:
- Heart disease
- Heart attack
- Stroke
- Breast cancer
- Colon cancer
- Prostate cancer
- Pancreatic cancer
- Skin cancer
- Diabetes
Contact a Pittsburgh medical malpractice lawyer today to review your case: (412) 672-5444
Sources:
Family Medical Leave Act
Family Medical Leave Act legal definition: The Family Medical Leave Act (FMLA) is a 1993 federal job-protection law. The purpose of FMLA is to provide eligible employees with as many as 12 weeks of unpaid leave each year. While employees are required to give 30 days notice prior to taking leave, the law also provides for unforeseen circumstances.
FMLA leave is permitted for:
- A parent to bond with a child following an adoption or after giving birth
- An employee to care for a spouse, child, or parent who has a serious health condition
- When a serious health condition prevents an employee from being able to work
- An employee or immediate family member is on covered active duty
FMLA leave may be taken all at once or, in some cases, intermittently. Either way, in instances where FMLA leave is taken because of a serious health condition, a medical certification will likely be required by your employer prior to it being approved. Afterward, a fitness-for-duty certificate may be required before you are permitted to return to work.
However, in order to be eligible for FMLA an employee must:
- Work for a covered employer
- Have worked at least 1,250 hours in the 12 months prior to their leave
- Work at a location that has 50 or more employees within a 75-mile radius
- Have worked for their employer for at least one year
The Family Medical Leave Act also requires employers to continue maintaining group health benefits for the employee on leave. When an employee takes time off under FMLA, they are entitled to return to their same job, or one that:
- Involves the same duties, work schedule, and general location
- Offers the same benefits, pay, and other compensation
- Requires the same or similar skills, effort, and education
It should be noted that FMLA permits employers to require their employees to exhaust all available paid time off as part of their leave. It also allows employees to elect to use any accrued time off as part of their leave.
Sources: https://www.dol.gov/whd/fmla/fmla-faqs.htm
First-Party Benefits
First-Party Benefits legal definition:
The purpose of first-party benefits is to pay for your medical bills up to your coverage limit in the event that you are injured in a motor vehicle accident.
First-party benefits – sometimes referred to as personal injury protection – are payable to you and family members residing in your household regardless of who was liable for the car accident that caused the injury.
After your first-party benefits are exhausted, your personal health insurance policy covers some or all of your remaining medical expenses.
In Pennsylvania, motorists are required to carry at least $5,000 in first-party insurance benefits. Uninsured and underinsured motorist coverage is an optional first-party benefit in the keystone state.
Sources:
Full-Tort Insurance
Full-Tort Insurance legal definition: Full-tort insurance is a type of policy that gives those covered the ability to recover all legal damages for injuries suffered in a car accident.
Unlike limited-tort insurance, which does what its name suggests and limits a car accident injury victim’s ability to recover compensation for pain and suffering, full-tort policies allow victims to file claims for:
- Physical pain
- Emotional distress
- Fear
- Insomnia
- Grief
- Anxiety
- Depression
- Loss of companionship
- Loss of enjoyment of life
Full-Tort Insurance and Car Accident Cases
Having the ability to sue for pain and suffering through a full-tort insurance policy is only half the battle: Car accident injury victims must be able to prove that they’ve suffered in the first place.
If you or someone you love has been seriously injured in a car accident, proving that you deserve compensation for pain and suffering is best accomplished with the help of a skilled personal injury attorney.
That’s because proving the extent of your physical injuries and severity of your mental anguish is complicated, and likely involves several pieces of evidence including:
- Photographs
- Your journal or diary
- Testimony from family and friends about your physical and/or emotional state
- Videos depicting how your injury has affected your life
- Medical records
- Documents and/or testimony from a mental health professional such as a therapist or psychiatrist
Sources:
https://en.wikipedia.org/wiki/Full_tort_and_limited_tort_automobile_insurance
https://www.alllaw.com/articles/nolo/personal-injury/insurance-company-determine-pain-suffering.html
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Good Samaritan Statutes
Good Samaritan Statutes legal definition: Good Samaritan Statutes describes laws that provide immunity to people who provide emergency care and treatment to injured persons, with or without the expectation of compensation.
Good Samaritan Statutes in Medical Malpractice Cases
Under common law, a bystander is under no moral obligation to help if they did not cause or help cause the injury of another. However, if a good samaritan does come to the aid of another person in a medical way, whether or not they expect compensation, they assume a duty to reasonable care and can be held liable if they are negligent in the care they provide or if that negligence causes further harm.
Contact a Pittsburgh medical malpractice lawyer today to review your case: (412) 672-5444
Sources:
Gross Negligence
Gross Negligence legal definition: “Gross negligence” is defined as conduct that is highly negligent. Gross negligence claims are more serious than mere allegations of negligence, and they are also more difficult to prove.
In order to successfully recover legal compensation for injuries caused by gross negligence, one must prove that:
- The person who caused the injury acted in a way that differs greatly from the way a reasonable, competent individual would behave
- A high degree of negligence existed
- The person who caused the injury failed to exercise diligence or care that would typically be taken in similar situations
Gross Negligence and Car Accident Cases
When it comes to car accident injury cases, the difference between recovering punitive damages such as pain and suffering payments depends on whether or not the other driver was grossly negligent.
Gross negligence claims often come into play when an inebriated motorist causes an accident, and in crashes that were caused by defective car components.
Understanding the nuances of negligence and how they might play a role in your car accident case is best accomplished with the help of a skilled personal injury attorney. Call Pribanic & Pribanic today for a free legal consultation.
Gross Negligence and Medical Malpractice Cases
Medical malpractice cases generally hinge on whether or not the doctor, surgeon, nurse, or other healthcare provider was grossly negligent when providing care that resulted in an injury.
Examples of gross negligence in medical malpractice include:
- Cases where a surgeon amputates the wrong limb
- Cases where a surgeon operates on the wrong side of the body
- Cases where a surgeon left a piece of surgical equipment inside the body.
Gross Negligence and Personal Injury Cases
In personal injury cases involving slip and falls, premises liability, defective products, or medical mistakes, victims in many cases must be able to prove the plaintiff in the case was grossly negligent in order to punitive damages. That’s because in many states, punitive damages are only awarded in cases where the conduct that caused the accident is deemed to be highly negligent, reckless and/or intentional.
Gross Negligence and Workers’ Compensation Cases
In Pennsylvania, employees who are hurt on the job are entitled to workers’ compensation benefits regardless of who was at fault for the injury – them or their employer. However, a civil case may be filed in rare cases where a worker is injured because his or her employer engaged in grossly negligent behavior where there was a reckless or wanton disregard for safety.
Sources:
https://www.upcounsel.com/willful-negligence
https://www.nolo.com/legal-encyclopedia/workers-compensation-basics-employers-30333.html
https://injury.findlaw.com/medical-malpractice/gross-negligence-and-lack-of-informed-consent.html
H
Hearsay Evidence
Hearsay Evidence legal definition: Hearsay evidence is a statement made out of court that is repeated during legal proceedings to prove a statement or matter is the truth. Hearsay is unreliable, second-hand evidence that is not generally admissible in court as evidence.
It should be noted, however, that there are many legal exceptions to the hearsay rule. That means that even if a statement meets the legal standard of hearsay, it could still be admissible in court under Federal Evidence Rules.
Understanding hearsay evidence and how it will come into play in a car accident, personal injury, medical malpractice, or workers’ compensation case is best accomplished with the help of an attorney skilled in civil law matters.
Sources: https://criminal.findlaw.com/criminal-procedure/hearsay-evidence.html
https://www.law.cornell.edu/rules/fre/rule_801
Heart Attack
Heart attack medical definition: A heart attack occurs when the flow of oxygen-rich blood to the heart is blocked in one or more of the coronary arteries and a portion of the heart muscle can’t receive enough oxygen. The blockages that cause heart attacks most often come from a buildup of fat, cholesterol and/or other substances, which form a plaque in the arteries that feed the heart.
Heart Attack in Medical Malpractice Cases
Heart disease is the leading cause of death in the United States and misdiagnosis of a heart attack can ultimately lead to further complications or even death. Misdiagnosis is a form of medical malpractice that can have fatal implications if not addressed in a timely manner, especially when it comes to matters of the heart such as heart attack or other signs of heart disease. If a doctor is observant and serves up to or beyond his or her duty of care, many heart attack victims can go on to live full lives.
Contact a Pittsburgh medical malpractice lawyer today to review your case: (412) 672-5444
Sources:
- https://www.nia.nih.gov/health/what-heart-attack
- https://www.heartflow.com/articles/MOH_misdiagnosis/
HIPPA
HIPAA legal definition: HIPAA, or the Health Insurance Portability and Accountability Act is a comprehensive law that, among other things, requires healthcare providers to protect the privacy and security of their patients’ medical information and not to disclose sensitive information without knowledge or consent.
HIPPA in Medical Malpractice Cases
When a healthcare provider mishandles protected health information regarding their patients and it results in a HIPAA violation, a patient may want to sue. While it is not common for a provider to be sued solely on the grounds of a HIPAA violation, HIPAA rules often overlap with many state statutes regarding protected patient health information.
HIPAA laws overlap with medical malpractice rules when it comes to a doctor’s responsibility to maintain a patient’s privacy. To win a medical malpractice case on this basis, the patient’s attorney must make a strong case that the provider’s standard of care includes the requirement to follow HIPAA regulations.
With case law HIPAA has been deemed a “standard of care” and the failure to maintain a patient’s privacy, a HIPAA violation, might fall under this definition of malpractice.
Contact a Pittsburgh medical malpractice lawyer today to review your case: (412) 672-5444
Sources:
I
Inadequate Diagnosis
Inadequate Diagnoses medical definition: Inadequate diagnoses happen when a doctor or healthcare provider makes the wrong diagnosis regarding a patient’s medical condition or makes the correct diagnosis after an unacceptable delay. Either way, both of these scenarios do not allow the patient a timely or accurate diagnosis, which may make his or her illness more difficult to treat.
Inadequate Diagnosis in Medical Malpractice Cases
A doctor who makes an inadequate diagnosis may be liable for medical malpractice. Surveys show that at least every one in three people have first hand experience with diagnostic errors, making diagnostic errors one of the largest sources of medical malpractice law suits. Diagnostic errors can include:
- delayed diagnosis
- incorrect diagnosis
- missed diagnosis
Contact a Pittsburgh medical malpractice lawyer today to review your case: (412) 672-5444
Sources:
Independent Medical Examination
Independent Medical Examination legal definition: The purpose of an Independent Medical Examination (IME) is to determine both the cause and extent of your on the job injury or illness. The doctors who provide these independent medical exams generally have additional training and education related to Pennsylvania Workers’ Compensation rules and regulations.
Independent Medical Exams and Workers’ Compensation Cases
Generally, injured employees are asked to undergo an independent medical examination when their employer disputes a workers’ compensation claim. During the exam, the physician will ask questions to determine the extent of your workplace injury or illness, how it was caused, and how it impacts your ability to perform your essential job functions.
During the exam the doctor may ask about:
- How your workplace injury occurred
- Your symptoms
- Your medical history
Sources:
Informed Consent
Informed Consent medical definition: Informed consent is defined as permission granted in the knowledge of the possible consequences, typically that which is given by a patient to a doctor for treatment with full knowledge of the possible risks and benefits. In other words, informed consent is when a patient agrees to care with the full knowledge of the benefits as well as risks of medical treatment.
Informed Consent in Medical Malpractice Cases
Physicians engaged in patient-physician relationships involving medical informed consent have a moral responsibility to find the best treatments available for their patients and to discuss with their patients the full benefits as well as all of the potential risks. This exchange of information is the foundation of the patient-physician partnership and promotes informed decision making in the most complex medical situations.
If a doctor or physician performs any treatment or procedure without his or her patient’s informed consent, they may be held liable for medical malpractice.
Contact a Pittsburgh medical malpractice lawyer today to review your case: (412) 672-5444
Sources:
- https://www.mayoclinicproceedings.org/article/S0025-6196(11)60864-1/fulltext
- https://languages.oup.com/google-dictionary-en/
Interrogatories
Interrogatories legal definition: Interrogatories are formal questions or inquiries made in civil legal actions such as personal injury cases. These written questions must be answered under oath, and are generally made after a complaint has been filed and answered. Interrogatories are issued during the discovery portion of legal proceedings.
The purpose of interrogatories is to glean important information in preparation for your court case. Interrogatories are generally open-ended questions designed to be answered in detail. In some instances, attorneys must limit the number of interrogatories made to a number defined by the court – generally no more than 25. It should be noted that interrogatories may include requests for documents, as well (such as insurance policies, crash photos, etc.). In federal court, interrogatories must be answered within 30 days of receipt. Most states also adhere to the 30-day interrogatory deadline.
Interrogatories and Car Accident Injury Cases
In car accident injury cases, interrogatories are used to determine key facts to support your claim. During this process your lawyer may ask you and the person liable for your injuries to answer several questions related to the accident. These interrogatories may require you and the other party to relay information about:
- How the accident occurred (the time of day, where you were traveling, the road conditions at the time of the crash)
- The make, model, and insurance information for each automobile involved in the crash that caused your injury
- Historical information about your driving record, including speeding tickets and other infractions
- Your history of alcohol and drug use – both prescription and otherwise
Interrogatories and Medical Malpractice Cases
If you’ve been injured as a result of a medical or surgical error, interrogatories will be used to discover myriad information, including:
- Details related to the professional experience and expertise of the physician or healthcare provider liable for your medical malpractice injury
- Information related to the medical relationship between you and your medical provider, including the dates on which you were seen and the action taken
- Historical information about any past malpractice claims made against the medical provider
Interrogatories and Personal Injury Cases
In personal injury cases, interrogatories are generally focused on two subjects:
- The cause of the injury
- Who is liable for that injury
Interrogatories and Workers’ Compensation Cases
Interrogatories are used in workers’ compensation cases to establish information about:
- How the workplace accident occurred
- Your injuries and how they limit your ability to perform your job
- Whether your injury was disabling, and if so, whether that disability was caused by the workplace accident
Sources:
https://www.law.cornell.edu/wex/interrogatory
https://www.formsworkflow.com/form/details/40230-illinois-medical-malpractice-interrogatories-to
J
Judgement
Judgment legal definition: Judgment is the official decision by a court or certification by the court of a jury’s verdict. In other words, judgment is the determination or sentence of the law, as pronounced by a judge or court, as the result of an action or proceeding instituted in such court, affirming that, upon the matters submitted for its decision, a legal duty or liability does or does not exist.
Judgement in Medical Malpractice Cases
In a medical malpractice case, the judgment of a judge or jury will determine who is at fault in a negligent scenario, and who is liable for the damages as a result.
Contact a Pittsburgh medical malpractice lawyer today to review your case: (412) 672-5444
Sources:
Jurisdiction
Jurisdiction legal definition: Jurisdiction is defined as the authority of a court to hear and render a decision in a legal case. The purpose of jurisdiction is to determine where and how a case will be decided.
There are myriad types of jurisdiction, including:
- In Rem Jurisdiction – This is jurisdiction over a subject matter such as a divorce or bankruptcy, as opposed to a person.
- Personal Jurisdiction – This refers to jurisdiction over a person. A court has a personal jurisdiction if the individual in question maintains a residence or business in the area or can reasonably foresee being sued in that court.
- Subject Matter Jurisdiction – This refers to authority over a specific subject matter, such as small claims courts.
- Federal and State Jurisdiction – Federal courts have jurisdiction – or authority – over federal questions and conflicts, while state courts have authority over state matters.
- Original Jurisdiction – This refers to a court’s jurisdiction when a claim is first filed, not on appeal.
Sources: https://definitions.uslegal.com/j/jurisdiction/
L
Leukemia
Leukemia medical definition: Leukemia is a type of cancer that forms in the bone marrow & lymphatic system that causes abnormal white blood cell development. Leukemia can be caused by exposure to certain carcinogenic substances.
Leukemia in Medical Malpractice Cases
In Leukemia cases, misdiagnosis can be common due to the wide variety of symptoms and the acute medical observation that is needed to make a correct assessment. Leukemia symptoms can include:
- Fever or chills
- Persistent fatigue and/or weakness
- Frequent or severe infections
- Losing weight without trying
- Swollen lymph nodes, enlarged liver or spleen
- Easy bleeding or bruising
- Recurrent nosebleeds
- Tiny red spots in your skin (petechiae)
- Excessive sweating, especially at night
- Bone pain or tenderness
Leukemia symptoms are often vague and not very specific. This makes it easy to overlook them as early leukemia signs can masquerade as the flu or other common illnesses.
Contact a Pittsburgh medical malpractice lawyer today to review your case: (412) 672-5444
Sources:
Liability
Liability legal definition: Simply put, liability is the state of being responsible for something. In a legal context, it is an enforceable claim against a business or individual’s assets for compensation for damages associated with a criminal or civil wrong.
Liability and Car Accident Cases
In car accident injury cases, liability is based on many factors. In personal injury actions stemming from motor vehicle crashes, the courts generally recognize four types of four basic types of fault that would make one liable:
- Negligence, which is associated with careless behavior
- Recklessness, which is associated with behavior that willfully disregards the health and safety or others
- Intentional misconduct, which refers to behavior that was willfully wanton
- Strict liability, which applies regardless of who was at fault
It should be noted that regulations regarding liability in car accident cases, and a victim’s ability to recover legal damages vary by state and per the terms of the insurance policies at play.
People who’ve been seriously hurt in a motor vehicle crash are best served by calling an experienced attorney who can understand how to determine who’s liable for your injuries, and how to best prove your claim in court. Call Pribanic & Pribanic today for a free consultation of your claim.
Liability and Medical Malpractice Cases
In medical malpractice cases, a doctor or healthcare professional can be held liable for legal damages in cases where:
- The doctor or healthcare provider owed the injured patient duty of care
- The doctor or healthcare provider breached that duty of care
- That breach directly resulted in the injury
- The injury resulted in damages
Medical mistakes are devastating, and the road to recovery can be a long one. Understanding who is liable for your injury and how best to prove your case in court is best accomplished with the help of a skilled personal injury attorney. Call Pribanic & Pribanic now for a free case review.
Liability and Personal Injury Cases
Liability is a linchpin of all personal injury cases, including those dealing with car accidents, premises liability, medical malpractice, or defective products. Essentially, to win a personal injury lawsuit, victims must prove that their injury was caused by the negligence of the liable party.
An injured party’s ability to recover legal compensation depends on:
- Who was liable for the injury
- What evidence exists
- The insurance policies of all parties
- The type and severity of the injury
Regardless of what type of personal injury you’ve suffered, Pribanic & Pribanic can help determine who’s liable for damages, and how best to proceed with legal action.
Liability and Workers’ Compensation Cases
The Pennsylvania Workers’ Compensation system is not fault-based. This means that employees who are hurt on the job are entitled to replacement wages and medical benefits through workers’ comp regardless of whether they or their employer was liable for the injury.
Sources:
https://www.law.cornell.edu/wex/liability
https://injury.findlaw.com/medical-malpractice/medical-malpractice-liability.html
https://injury.findlaw.com/medical-malpractice/medical-malpractice-who-can-be-sued-.html
Lien
Lien legal definition: A lien is defined as a charge against real or personal property to satisfy a debt of duty. Liens are generally the result of a court action. In personal injury actions, several parties can file a lien against an eventual settlement in the case.
Entities that routinely file liens in personal injury actions include:
- Healthcare providers
- Health insurers
- Car accident insurers
- Medicaid
- Medicare
Rules related to liens are handled at the state level. If you’re involved in a personal injury lawsuit, it’s important to understand how liens by a third party could impact an eventual settlement or legal award.
Sources:
https://www.alllaw.com/articles/nolo/personal-injury/liens-against-accident-settlement.html
Loss of Consortium
Loss of Consortium legal definition: Loss of consortium refers to the deprivation of the benefits of a family relationship (including affection and sexual relations) due to injuries or death. The term is a comprehensive concept that includes all manner of relations and wellbeing within a marital relationship. The spouse of someone injured or killed in a medical malpractice accident may sue for damages based on the loss of consortium.
Loss of Consortium in Medical Malpractice Cases
In the context of a medical malpractice lawsuit, loss of consortium is generally considered a non-economic damage, meaning it’s not tied to actual financial loss. Even though the loss of consortium does not involve monetary loss, victims and spouses still may be eligible to recover compensation for it.
Contact a Pittsburgh medical malpractice lawyer today to review your case: (412) 672-5444
Sources:
- https://www.law.cornell.edu/wex/loss_of_consortium
- Loss of Enjoyment of Life
Loss of Enjoyment of Life legal definition: The loss of enjoyment of life is described as a plaintiff’s inability to enjoy life as they were once able due to their injuries.
Loss of Enjoyment of Life in Medical Malpractice Cases
Loss of enjoyment of life is considered a non-economic damage meaning it’s not tied to a dollar value, however, those who find themselves no longer able to enjoy life as they once could due to a medical malpractice accident, deserve to be compensated for that loss. If you suffered harm because of a doctor or healthcare provider’s negligence, you could be eligible to recover compensation for a number of losses related to your injury.
Contact a Pittsburgh medical malpractice lawyer today to review your case: (412) 672-5444
Sources:
M
Medication Error
Medication Error medical definition: A medication error is defined as any preventable event that leads to inappropriate medication use or patient harm. Prescription medication errors occur when a doctor prescribes the wrong medication or incorrect dose to a patient, when a nurse administers the wrong medication in a hospital setting, or a pharmacist incorrectly fills a prescription for a patient. Medication errors can happen at any point during the medication-use system such as:
- When prescribing a medication
- When entering information into a computer system
- When the medication is being prepared or dispensed
- When the medication is given to, or taken, a patient
The U.S. Food and Drug Administration (FDA) receives more than 100,000 U.S. reports each year associated with a suspected medication error. Serious and harmful effects can happen when prescription medications are used incorrectly. In some cases, medication errors can result in:
- Death
- Life threatening situation
- Hospitalization
- Disability
- Birth defect
Medication Error in Medical Malpractice Cases
If a patient is administered the wrong medication or the incorrect dose is give, the responsible party may be guilty of medical malpractice. Anyone anywhere down the line of prescribing and administering medication can be held liable for medication errors. This can include doctors, nurses, hospitals, pharmacies, pharmacists, and pharmaceutical manufacturers. Medication errors differ from adverse drug effects in that somewhere down the chain of command, someone or some facility is responsible for a mix up as opposed to a patient discovering they have an unknown adverse reaction to certain kinds of medication.
Experienced lawyers can help you hold negligent parties accountable if you or a loved one suffered due to a medication error. Contact a Pittsburgh medical malpractice lawyer today to review your case: (412) 672-5444
Sources:
Misdiagnosis
Misdiagnosis medical definition: Misdiagnosis is when a medical professional fails to properly identify and/or diagnose a patient’s medical condition. Modern medical technology has made possible the timely and accurate diagnosis of a wide range of diseases. However, when doctors fail to order appropriate tests or follow up on warning signs, diseases can go undiagnosed, leaving patients to suffer needlessly.
Misdiagnosis in Medical Malpractice Cases
A doctor can be held liable for any damages that result from a misdiagnosis if the medical mistake was a result of negligence. Time lost in treatment can lead to severe worsening of the condition, and in many cases, wrongful death. If you or a loved one has suffered due to misdiagnosis or delayed diagnosis, the attorneys at Pribanic & Pribanic are here to help you explore your legal options. We handle a wide range of medical negligence cases, including those involving the misdiagnosis and delayed diagnosis of:
- Heart disease
- Heart attack
- Stroke
- Breast cancer
- Colon cancer
- Prostate cancer
- Pancreatic cancer
- Skin cancer
- Diabetes
Contact a Pittsburgh medical malpractice lawyer today to review your case: (412) 672-5444
Sources:
N
Negligence
Negligence legal definition: Negligence is defined as the failure to exercise the level of care that a reasonable, competent person would under the same circumstances. Proving negligence is crucial to a successful personal injury claim.
Negligence and Car Accident Cases
Most car accidents are the result of negligence. If you were injured in a car accident that you believe was caused by the negligence of another driver, your ability to recover legal compensation will be dependent on whether or not you can prove:
- The defendant was legally bound to exercise reasonable care – which all licensed drivers are required to do
- The defendant failed to exercise a reasonable amount caution
- The injuries suffered were a direct result of the defendant’s careless conduct
- The plaintiff suffered an actual injury that resulted in actual damages (i.e.: medical bills, lost wages from time off work, etc.)
There are myriad ways a driver is negligent. Examples include:
- Speeding
- Failing to comply with traffic devices (i.e.: traffic signals, stop signs)
- Failing to comply with traffic rules (i.e.: failing to yield, making an illegal right on red, driving on the wrong side of the road, etc.)
- Driving with a suspended or revoked license
- Failing to properly maintain a motor vehicle (i.e.: knowingly driving with bad brakes)
- Driving under the influence of alcohol or drugs
Negligence and Medical Malpractice Cases
Proving that a doctor or medical care provider was negligent in their treatment is only one aspect of a successful medical malpractice case. Negligence in medical malpractice cases can take many forms, including:
- Failure to make a correct diagnosis
- Failure to make a timely diagnosis
- Failure to provide proper treatment
- Failure to provide adequate aftercare
However, in order to successfully recover legal compensation for medical malpractice, an injury victim must prove that a doctor was more than just negligent: They must also provide evidence that the doctor or healthcare professional’s negligent behavior violated the medical standard of care.
Victims of medical mistakes must also prove the doctor’s negligence caused their injury, and that their injury resulted in significant damages.
Medical malpractice cases, and the role that negligence plays in them, is best understood with the help an attorney. If you or someone you care about was the victim of a medical mistake, don’t delay – call and set up a free legal consultation with a lawyer from Pribanic & Pribanic today.
Negligence and Personal Injury Cases
People who’ve suffered a personal injury may be entitled to legal compensation for their medical bills, lost wages, and more if their accident was caused by the negligent conduct of someone else. To prove negligence, though, a personal injury victim must be able to prove four things:
- The person who caused your injury had what’s known as a “duty of care.” Essentially, duty or care relates to whether or not the person who caused the accident was required by law, professional conduct, or statute to avoid injuring others.
- The person who caused your injury breached their duty of care.
- The person’s negligent conduct was the actual cause of your injury.
- The injury caused significant damages (i.e.: medical treatment, missed work, emotional distress, etc.)
Claims for negligence come into play in nearly every type of personal injury, including those involving:
- Car accidents
- Medical malpractice
- Slip and fall accidents
- Defective product cases
Negligence and Workers’ Compensation Cases
The Pennsylvania Workers’ Compensation Act dictates that employees hurt on the job are eligible to receive replacement wages and medical benefits regardless of who was at fault for the accident that caused the injury. That means that unless the injury was caused by gross or willful negligence on behalf of the employer, the employee cannot file a personal injury lawsuit to recover legal damages.
Sources:
https://www.law.cornell.edu/wex/negligence
https://www.nolo.com/legal-encyclopedia/car-accidents-caused-by-negligence-29537.html
https://www.alllaw.com/articles/nolo/medical-malpractice/negligence.html
https://www.abpla.org/what-is-malpractice
https://www.alllaw.com/articles/nolo/personal-injury/proving-negligence.html
Never Event
Never Event medical definition: A never-event is a medical mistake so egregious it should never happen under any circumstance. Sometimes never events are called SREs or Serious Reportable Events. These types of serious mistakes can include such things as:
- Surgeries performed on the wrong body part
- Leaving foreign objects inside a patient after surgery
- Discharging an infant to the wrong person
Never Event in Medical Malpractice Cases
In the unique case of never events, there is very likely a medical malpractice case to follow suit. Studies have found that hospitals and hospital staff often fear issuing formal apologies to patients and their families for these kinds of medical events because it can and likely will lead to malpractice suits.
However it has been shown in this same research that malpractice suits are often the result of the failure of a hospital to communicate with patients and apologize for errors.
In the case of never events, you should have a lawyer on your side to help you navigate the legal path forward to the compensation you deserve.
Contact a Pittsburgh medical malpractice lawyer today to review your case: (412) 672-5444
Sources:
No-Fault State
No-Fault State legal definition: Pennsylvania is one of about a dozen no-fault states. A no-fault state is one that follows what’s known as a no-fault insurance system.
While rules vary by state, generally no-fault insurance means your own car insurance policy will pay for some or all of your medical bills and missed wages, and some other out-of-pocket expenses in the event you are hurt in a car accident – regardless of whether you or someone else was liable for the crash that caused your injury.
No-fault car accident injury claims are typically made through first-party benefits, otherwise known as the personal injury protection provisions (PIP) of your automobile insurance policy.
No-Fault States and Car Accident Cases
If you make a no-fault claim under your car insurance, you may be required to make a recorded statement and share other key details related the accident that caused your injury.
If you or someone you care about has been seriously hurt in a motor vehicle crash, don’t file a no-fault claim without first getting the advice of an experienced car accident injury attorney. The information you provide may later be used against you in a subsequent claim.
Sources:
https://www.alllaw.com/articles/nolo/auto-accident/no-fault-insurance-claim-work.html
Notice Requirements
Notice Requirements legal definition: The purpose of “notice requirements” is to ensure all parties to a court action are made aware of said court action. Notice ensures that individuals who are being sued or criminally charged have due process.
There are three basic types of notice:
- In personam, which refers to when notice is made personally (i.e.: a summons)
- In rem, which is served through the mail, fax, or other reliable means of communication
- Notice of publication, which is made in a newspaper or website that gives notice to people who may have an interest in the case but who are not a party to it
Notice requirements vary by state and jurisdiction. However, notice requirements come into play with nearly every type of civil and criminal action, including:
- Car accident cases
- Slip and fall cases
- Workers’ Compensation cases
- Defective Product cases
- Medical Malpractice cases
- And other personal injury lawsuits
If you or someone you love has been injured in an accident, and you want to file a personal injury suit, a skilled attorney will understand the jurisdictional and statutory considerations relevant to notice requirements. Don’t delay: Call Pribanic & Pribanic today for a free case review. Our attorneys will help explain notice requirements and other procedural aspects of your case.
Sources:
https://www.law.cornell.edu/wex/notice
Notice of Injury
Notice of Injury legal definition: The function of notice of injury is making your employer aware that you have been hurt on the job. Under the Pennsylvania Workers’ Compensation Act, an employee who is hurt on the job must report their injury to their employer. If the injury or illness is not reported within 120 days from the date of injury – or the date you were aware of a work-related illness – no compensation will be awarded.
When you report your injury you must:
- Confirm the injury occurred while performing a work function
- The date of the injury
- Where the injury occurred
- How the injury occurred
It should be noted that exceptions are made in cases that involve progressive diseases such as carpal tunnel syndrome and cancer.
Sources:
https://www.dli.pa.gov/Businesses/Compensation/Documents/flow-of-wc-claim.pdf
https://www.dli.pa.gov/Individuals/Workers-Compensation/publications/Documents/libc-100.pdf
O
Oath legal definition: In the legal world, when someone takes an oath, they are swearing under penalty of perjury that they will “tell the truth, the whole truth, and nothing but the truth” in depositions and other court statements. One of the functions of an oath is ensuring that someone who knowingly lies can be criminally charged.
Oaths are administered by an agent of the court in both civil matters such as personal injury cases, as well as in criminal proceedings.
Sources: https://dictionary.law.com/Default.aspx?selected=1361
Objections
Objections legal definition: In a legal context, objections are statements opposing an aspect of a legal proceeding (i.e. an attorney may raise an objection to a question opposing counsel posed to a witness). Objections must have a proper basis.
Objections are made when:
- A question posed to a witness is irrelevant, is leading, or calls for a conclusion
- The witness is incompetent to testify
- A statement made under oath is hearsay
A judge can rule one of two ways on an objection. Judges can:
- Overturn the objection, which means the question is permitted
- Sustain the objection, which means the question may not be asked
Understanding objections, when to make them, and why they can sometimes make or break your case – or even how they affect your right to appeal a decision that is not ruled in your favor is best accomplished with a skilled attorney. If you’ve suffered a personal injury as a result of someone else’s negligence, and you are considering filing a legal action, call Pribanic & Pribanic today to ensure the best-possible outcome in your case.
Sources:
https://definitions.uslegal.com/o/objection
https://en.wikipedia.org/wiki/Objection_(United_States_law)
Occupational Disease
Occupational Disease legal definition:An occupational disease is defined as any chronic health condition that was caused by a workplace hazard.
Occupational Disease and Workers’ Compensation Cases
In Pennsylvania, employees who develop an occupational disease are entitled to workers’ compensation benefits. In order to qualify for benefits because of an occupational disease:
- The injury or ailment MUST have occurred during or was made worse by work activities
- The injury or ailment does NOT need to have occurred at a work site
Under Pennsylvania law, a compensable occupational disease could be caused by:
- A specific work incident such as a slip and fall
- A series of repetitive actions that cause a disability such as carpal tunnel syndrome
- Prolonged exposure to dangerous conditions that cause a disability such as hearing loss
- A pre-existing condition such as asthma made worse by work or work conditions
- A previous on-the-job injury made worse during work activities, such as a back or shoulder injury
Additionally, there are some occupational diseases specifically recognized as dangers in some fields. They include:
- Heart and lung disease – These occupational diseases are known to affect firefighters who’ve been on the job for four years or longer
- Hepatitis and tuberculosis – Doctors, nurses, and other health providers who are exposed to blood are at risk
- Silicosis and pneumoconiosis – Miners and other workers exposed to coal dust are often afflicted with these illnesses
- Chemical poisoning – Workers who are employed in industries where exposure to poisonous compounds such as arsenic, mercury or lead, suffer from related diseases
If you’re suffering from an occupational disease and are fighting for workers’ comp benefits, proving that the ailment was a result of your job is a hurdle best cleared with the help of an experienced attorney. Don’t go it alone – your workers’ compensation claim could hang in the balance.
https://www.nolo.com/legal-encyclopedia/free-books/employee-rights-book/chapter12-3.html
Order
Order legal definition: Legally, a court order is a demand, proclamation, or mandate issued by a judge or panel of judges. Orders can be written or verbal.
Orders are issued at:
- Hearings
- Trials
- Appeals and
- Other court proceedings
The purpose of court orders include:
- Compelling a plaintiff or defendant to complete an action
- Setting a court date
- Clarifying the legal relationship between the parties to a lawsuit
Orders are a regular part of criminal and civil court proceedings. Some common types of orders include:
- Injunctions
- Protection from Abuse (PFA) orders
- Divorce Decrees
- Custody agreements
- Search warrants
- Criminal sentences
Sources: https://en.wikipedia.org/wiki/Court_order
https://legal-dictionary.thefreedictionary.com/order
Overdose
Overdose medical definition: Overdose is when more than the normal or recommended amount of a drug is taken, which in some cases can have serious side effects and cause injury or even death. While overdose and poisoning are two different things, the effects can be quite similar. Some overdoses occur on purpose while others are accidents.
Overdose in Medical Malpractice Cases
Large overdoses can sometimes cause people to stop breathing and die if not treated immediately. Oftentimes people need to be admitted to the hospital sooner rather than later as overdose can affect one or more vital organs. Doctors and healthcare providers must know how to act quickly in cases of overdose in order to ensure healthy recovery for the individual, if this does not happen, medical malpractice may have occurred.
Contact a Pittsburgh medical malpractice lawyer today to review your case: (412) 672-5444
Sources:
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Pain and Suffering
Pain and Suffering legal definition: Pain & suffering refers to the physical discomfort and emotional distress that a victim experiences due to a medical malpractice or personal injury incident that is compensable as non-economic damages. Pain and suffering can include:
- Physical pain or discomfort
- Emotional trauma
- Anguish
- Inconvenience
Pain and Suffering in Medical Malpractice Cases
In a medical malpractice lawsuit, it can be hard to determine an exact dollar amount for what you may be eligible to receive for pain & suffering because they are subjective damages. On top of this, many states have different laws regarding non-economic damages in medical malpractice cases. If you feel you deserve compensation for pain & suffering you endured at the hands of a negligent practitioner, don’t hesitate to contact a Pittsburgh medical malpractice lawyer today to review your case: (412) 672-5444
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Panel of Physicians
Panel of Physicians legal definition: The Pennsylvania Workers’ Compensation Act gives employers the right to establish what’s known as a panel of physicians. Their injured employees must treat with the health care providers on that list for the first 90 days in order to have their medical bills covered.
Employers must comply with certain rules and regulations for these panels of physicians:
- Employers must provide employees with clear notice of their rights and responsibilities as they relate to the panel of physicians.
- The panel of physicians must be composed of at least six medical providers, and at least three of those must be doctors.
- Employers must provide the names, addresses, telephone numbers, and specialties of the medical providers on the list of physicians.
- Employers are prohibited from directing injured workers to a specific provider on their panel of physicians.
- Health providers on the panel of physicians must be geographically accessible to employees.
- Employers must include providers on the panel of physicians whose specialties are appropriate for the anticipated medical needs of its workforce.
Sources:
https://www.dli.pa.gov/Businesses/Compensation/WC/HCSR/Pages/Physicians-List-Defined.aspx
Partial Disability
Partial Disability legal definition: Legally, the term partial disability refers to the permanent impairment caused by workplace injury that prevents the employee from performing their essential job duties without restrictions. Partial disability benefits come into play in workers’ compensation claims.
To be eligible for partial disability an injured worker must:
- First be eligible to receive workers’ compensation benefits
- File a workers’ compensation claim
- Seek medical treatment pursuant to state guidelines
- Continue prescribed medical treatment until you either fully recover or your doctor determines that you will recover no further – even if therapy or other measures are extended. Legally this is sometimes referred to as reaching “maximum medical improvement.”
In the event that an injured worker has reached maximum medical improvement, your doctor will likely perform a series of diagnostic tests to determine the extent of your disability, and whether or not your on-the-job injury caused any lasting health effects. These lasting health impacts are known in workers’ compensation law as impairments. Examples of these include:
- Severed limbs
- Paralyzed limbs
- Permanent vision or hearing loss
- Post Traumatic Stress Disorder (PTSD) or Acute Traumatic Stress Disorder
If you were seriously hurt on the job, have filed a workers’ compensation claim, and have questions about whether or not you are eligible for partial disability payments, the best thing you can do is call an experienced law firm. The skilled workers’ compensation attorneys at Pribanic & Pribanic have helped thousands of employees hurt on the job get the benefits they deserved for their injuries. Let them help you, too. Call today.
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Power of Attorney
Power of Attorney legal definition: In Pennsylvania, power of attorney is defined as a legal document that grants one person the legal authority to act on another’s behalf. The person appointing a power of attorney generally selects a family member or close friend.
In a power of attorney:
- The person who is given this power is known as the agent
- The person granting this power is known as the principal
- The agent may have very narrow or very broad authority
The function of a power of attorney is to give the right to conduct any business the principal could not perform him or herself, including:
- Banking
- Managing and paying bills
- Making medical decisions
When acting on the principal’s behalf, an agent has a duty to:
- act in her best interests
- exercise reasonable caution and due care
- keep personal assets separate from the principal’s assets
- keep detailed records of all actions taken on behalf of the principal
There are two types of power of attorney:
- Durable Power of Attorney – This type of power of attorney remains in effect even after the principal has become disabled and loses the capacity to make legally informed decisions.
- Springing Power of Attorney – This type of power of attorney is drafted to take effect only upon the occurrence of an event that leaves the principle disabled or incapable of making legally informed decisions.
Sources: https://www.lawdepot.com/law-library/faq/power-of-attorney-faq-united-states/#question0_4
Pro Se Litigant
Pro Se Litigant legal definition: A Pro Se Litigant is an individual who chooses to represent themselves in court without the assistance of an attorney. Pro Se is Latin for “in one’s own behalf.” Anyone can choose to represent themselves in a civil court and anyone who appears before a court without an attorney is considered pro se. A law license is only required for those (like an attorney) who are representing another party in a court of law.
Pro Se Litigant in Medical Malpractice Cases
While the option to appear in court pro se is entirely an individual’s choice, the complexity of medical malpractice law may deter some individuals from this option. Medical malpractice law is also a constantly evolving area of law that can be difficult to comprehend. Some individuals opt to appear in court pro se in order to reduce the fees required to hire an experienced attorney, which can be significant. However, we like to encourage all individuals considering pro se to also think of the compensation and damages that might be recovered with the help of an experienced attorney that may not be acquired without appropriate knowledge of the law.
Contact a Pittsburgh medical malpractice lawyer today to review your case: (412) 672-5444
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Proximate Cause
Proximate Cause legal definition: The proximate cause refers to the cause that is legally sufficient to find the defendant liable. In other words, the proximate cause is the one incident that can be pointed back to that caused a patient’s injuries, or started a chain of events that the defendant can be held liable for.
Proximate Cause in Medical Malpractice Cases
In a medical malpractice case, there needs to be a proximate cause in order to find a practitioner liable. The proximate cause needs to be a result of their negligence. Say a doctor orders tests for a patient who is experiencing certain symptoms. The doctor then goes over those results and misses something important leading to a case of delayed diagnosis or misdiagnosis. The misreading of those tests would be the proximate cause of that malpractice case.
Contact a Pittsburgh medical malpractice lawyer today to review your case: (412) 672-5444
Sources:
Punitive Damages
Punitive Damages legal definition: Punitive damages is a legal term that refers to money awarded in a lawsuit that exceed the actual damages suffered. Punitive damages are often awarded to punish a defendant for behavior that is deemed particularly heinous and grossly negligent.
Punitive Damages and Car Accident Cases
Punitive damages are uncommon in most car accident injury cases. In fact, punitive damages are only awarded in car accident cases if the person at fault for your injuries was more than just negligent. Typically, punitive damages are only awarded if the party liable for the accident that caused your injuries was:
- Reckless
- Grossly negligent
- Or constituted a willful or wanton disregard for the safety of others
Recovering punitive damages in a car accident injury case will likely require legal research best left to the professionals. Call the car accident injury attorneys at Pribanic & Pribanic today for a free legal evaluation of your claim.
Punitive Damages and Medical Malpractice Cases
Punitive damages are uncommon in medical malpractice cases; they are awarded only in cases where a doctor or health care provider’s behavior was particularly abhorrent, willful, and negligent.
Punitive Damages and Personal Injury Cases
Unlike compensatory damages, which provides for medical bills, missed wages, and other financial losses associated with a personal injury, punitive damages are not typically awarded unless there was gross negligence.
What is gross negligence? Gross negligence is legally defined as conduct that is both:
- Reckless and
- Willfully disregards the health, safety, and welfare of others
It should be noted that while punitive damages can be awarded in nearly all types of personal injury cases – from those involving slip and fall accidents to those caused by defective products – the rules governing them vary by state.
Punitive Damages and Workers’ Compensation Cases
Punitive damages do not come into play in workers’ compensation cases. That’s because employees hurt on the job in Pennsylvania are entitled to work comp benefits regardless of whether their injury was the fault of their own fault or that of their employer.
Sources:
https://www.law.cornell.edu/wex/punitive_damages
https://www.nolo.com/legal-encyclopedia/are-punitive-damages-possible-in-a-car-accident-case.html
https://www.alllaw.com/articles/nolo/medical-malpractice/punitive-damages.html https://www.alllaw.com/articles/nolo/personal-injury/punitive-damages-gross-negligence.html
S
Seizure
Seizure medical definition: A seizure is a sudden, uncontrollable electric disturbance in the brain. It causes changes in behavior, movements, and levels of consciousness. There are many different kinds of seizures that range in symptoms and severity. This is usually due to where in the brain they originate and how far they are able to spread. Generally, a seizure lasts anywhere from 30 seconds to two minutes. A seizure lasting longer than five minutes is a medical emergency.
Seizure in Medical Malpractice Cases
With seizures, there are a lot of causes and symptoms. Some of the most common symptoms include:
- Temporary confusion
- A staring spell
- Uncontrollable jerking movements of the arms and legs
- Loss of consciousness or awareness
- Cognitive or emotional symptoms, such as fear, anxiety or deja vu
While seizures may be more common than you think, they must still be taken very seriously as anything that affects motor control and the brain can have serious consequences if not treated correctly. Seizures can be signs of larger medical issues that if not addressed could lead to further harm to the patient.
Contact a Pittsburgh medical malpractice lawyer today to review your case: (412) 672-5444
Sources:
Settlement
Settlement legal definition: In a legal context, a settlement is defined as a resolution reached among parties to a legal dispute. Settlements are reached either before or after court proceedings begin. It should be noted that structured settlements are those that provide for periodic payments as opposed to a lump-sum payment. The function of a settlement is to allow both parties in a legal dispute to come to a resolution without going to trial.
Settlements and Personal Injury Cases
If you were injured in a car accident and are pursuing legal action, you may be offered a settlement. When determining if you should accept a settlement, you should consider what damages you suffered, and are expected to suffer in the future. This includes:
- Lost wages
- Medical bills
- Diminished earning capacity
- Future surgeries and medical needs
- Property damage
- Emotional distress
Please, don’t accept a settlement in your car accident injury case without first consulting with a skilled personal injury attorney. Insurance companies keep their bottom lines fat by making sure their settlement are lean. Call Pribanic & Pribanic today to ensure you’re not accepting less than what your claim is worth.
Settlements and Workers’ Compensation Cases
If you’ve been on workers’ compensation for four months or longer, you may be eligible for a lump-sum settlement through your employer’s insurance company.
Lump-sum workers’ comp settlements:
- Are one-time payments
- Are final
- Replace your weekly workers’ comp check, medical benefits, or both in some instances
- Is mandated not to be greater than your weekly workers’ comp payment multiplied by 500 weeks
If you’re on workers’ comp and you’re considering accepting a settlement, it’s important to seek the counsel of an experienced injury attorney. When you call Pribanic & Pribanic, our law firm will help determine what a fair settlement would be, and work to get it for you.
Sources:
https://en.wikipedia.org/wiki/Settlement_(litigation)
https://www.alllaw.com/articles/nolo/personal-injury/calculator.html
Social Host Liability Law
Social Host Liability Law legal definition: The social host liability law in Pennsylvania holds party hosts liable for damages caused by minors who consumed alcohol on their watch. The function of the state’s social host law is to hold social hosts legally responsible – and liable – for any alcohol-related injuries caused to both themselves and others.
Social hosts could be found liable for injuries and wrongful death even in instances where they were not aware that minors were drinking alcohol.
Social Host Liability Law and Car Accident Cases
The social host liability law in Pennsylvania holds party hosts responsible for injuries and property damage caused by a minor who consumed alcohol at their event.
This means a social host claim can be filed for legal compensation for medical bills, missed paychecks, and other expenses related to injuries causes by a minor who was served alcohol at their party. It should be noted that the party host could also be held liable for any and all injuries the at-fault minor suffers, as well.
Social Host Laws and Personal Injury Cases
The state’s social host liability law comes to play in more than just car accident cases. Minors who consume alcohol and then slip, trip, and fall while walking home may sue for damages under the social host liability law in Pennsylvania.
Sources:
https://injury.findlaw.com/accident-injury-law/social-host-liability.html
Specific Loss
Specific Loss legal definition: Specific loss is a type of workers’ compensation benefit available to employees injured on the job in Pennsylvania. Specific loss benefits provide for compensation when work conditions cause:
- Hearing loss
- Vision impairment
- Disfigurement
- Amputation
Specific Loss and Workers’ Compensation Cases?
The amount of compensation paid to injured workers who’ve suffered a specific loss is made pursuant to a defined schedule set by state statute. Examples of specific loss benefits include:
- Loss of a hand: Workers are entitled to 66 and two-third percent of wages for 335 weeks
- Loss of a forearm: Workers are entitled to 66 and two-thirds percent of wages for 370 weeks
- Loss of an arm or leg: Workers are entitled to 66 and two-thirds percent of wages for 410 weeks
- Loss of a foot: Workers are entitled to 66 and two-thirds percent of wages for 250 weeks
- Loss of a lower leg: Workers are entitled to 66 and two-thirds percent of wages for 350 weeks
- Loss of an eye: Workers are entitled to 66 and two-thirds percent of wages for 275 weeks
- Loss of a thumb: Workers are entitled to 66 and two-thirds percent of wages for 100 weeks
- Serious and permanent disfigurement of the head, neck, and face are entitled to 66 and two-thirds percent of wages not to exceed 275 weeks
In addition to compensation, specific loss benefits provide injured workers with a healing period. Like the amount of compensation payable to workers who’ve suffered a specific loss, the length of the healing period is determined by statute and range from six to 25 weeks.
If you or someone you care about suffered a serious on-the-job injury, a skilled workers’ compensation attorney can help navigate the process and maximize the specific loss benefits to which you may be entitled.
Sources:
https://codes.findlaw.com/pa/title-77-ps-workers-compensation/pa-st-sect-77-513.html
Stacking
Stacking legal definition: Stacking is an option type of car insurance in Pennsylvania. The purpose of stacking is to allow consumers to maximize their uninsured and underinsured coverage by combining coverage limits from multiple cars on a policy, or in some instances even across policies.
For example, if you have three vehicles on your unstacked policy, and each has a $25,000 policy limit for uninsured and underinsured motorist coverage and you were injured in an accident, you would be entitled to just $25,000. However, if your coverage was stacked, you would be able to combine those coverage limits and would be able to file a claim for $75,000.
Sources: https://www.dmv.org/insurance/stacking-uninsured-and-underinsured-motorist-coverage.php
Standard of Care
Standard of Care legal definition: The standard of care refers to a prevailing standard or quality of care that all providers in their given fields are responsible for upholding. This standard can be defined as the level of care, skill, and treatment which, in light of all relevant surrounding circumstances, is recognized as acceptable and appropriate by reasonably prudent health care providers in similar fields. Any action or care that falls outside of the set standard is considered unacceptable and will likely constitute malpractice.
Standard of Care in Medical Malpractice Cases
The standard of care is an essential concept in determining whether a healthcare provider was negligent and potentially liable in a medical malpractice case. If a care provider breaches the standard of care that applies to them and their profession, and therefore causes harm to another person, they will be liable for negligence.
Contact a Pittsburgh medical malpractice lawyer today to review your case: (412) 672-5444
Sources:
Statute of Limitations
Statute of Limitations legal definition: A statute of limitations is a type of state or federal law that restricts the time by which a person can take legal action. Essentially, the function of a statute of limitation is to limit the time someone may file either criminal and civil cases.
Statutes of Limitation and Car Accident Cases
Car accident injury victims have a limited time frame to file a claim for legal compensation. In the state of Pennsylvania, personal injury claims stemming from car accidents must be filed within two years of the date the injury was suffered.
However, Pennsylvania operates under what’s known as discovery rules, which extends the statute of limitations in some personal injury actions. Under the discovery rule, the statute of limitations begins on the date the injury victim becomes aware of – or should have become aware of – an injury caused because of someone else’s negligence.
The statute of limitations for wrongful death suits in Pennsylvania is two years from the date of death.
There are also special rules for minors, who must file personal injury actions within two years of their 18th birthday instead of two years from the date the injury was suffered.
Statutes of Limitations and Medical Malpractice Case
In Pennsylvania, medical malpractice claims must be filed within two years of when the injury or illness was suffered. The discovery rule applies to medical malpractice claims – which means that a suit must be brought two years from when the injured party becomes aware of or should have been aware of, the injury or illness.
Statutes of Limitations and Personal Injury Cases
The statute of limitations for personal injury cases in Pennsylvania is two years. This applies to all types of personal injury actions, including:
- Car accidents
- Product liability cases
- Medical malpractice
- Slip and fall
Statutes of Limitations and Workers’ Compensation Cases
Statutes of limitations dictate the time frame an employee injured on the job has to file a workers’ compensation claim. In Pennsylvania:
- Three years from the date of injury to file a workers’ comp claim
- Three years to seek reinstatement of workers’ compensation benefits in cases where a claim has been terminated or
- 300 weeks from the date of last exposure in occupational disease claims
Sources:
https://legal-dictionary.thefreedictionary.com/statute+of+limitations
Standard of Proof
Standard of Proof legal definition: The standard of proof is the level of certainty and the degree of evidence necessary to establish proof in a criminal or civil proceeding. There are different standards of proof including:
- Reasonable suspicion
- Reasonable to believe
- Probable cause
- Preponderance of the evidence
Standard of Proof in Medical Malpractice Cases
In medical malpractice cases, the standard of proof is largely based on the preponderance of evidence which requires a party to prove that a certain instance is more likely to have happened than to not have.
In medical malpractice cases the witness and expert testimony will play a large role in determining whether or not the standard of care was met and if a medical malpractice incident actually occurred.
Contact a Pittsburgh medical malpractice lawyer today to review your case: (412) 672-5444
Sources:
Stroke
Stroke medical definition: A stroke happens when the blood supply to part of the brain is interrupted or reduced, preventing the necessary oxygen and nutrients needed in the brain for healthy function. When the blood supply is lessened or stoped, brain cells begin to die within minutes which can lead to varying levels of brain damage if not treated correctly or promptly.
Tell tale signs of a stroke include:
- Trouble speaking and understanding what others are saying
- Paralysis or numbness of the face, arm or leg
- Problems seeing in one or both eyes
- Headache
- Trouble walking
Stroke in Medical Malpractice Cases
A stroke is a medical emergency, and prompt treatment is very important. Early action can reduce brain damage and other complications. The majority of medical malpractice lawsuits related to stroke are based on time – that a doctor or nurse failed to diagnose the stroke in time and, or failed to give the patient the appropriate blood clot medication. The period of time to give a stroke victim the appropriate treatment or medication before major and permanent brain damage can occur. Unnecessary delays can lead to a lifetime of crippling disability, or death, as well as ensuing medical malpractice suits.
Contact a Pittsburgh medical malpractice lawyer today to review your case: (412) 672-5444
Sources:
Summons
Summons legal definition: A summons is a legal document administered by an agent of the law. The function of a summons is to compel someone to appear in court on a certain time and date as part of a criminal or civil proceeding.
A summons generally includes the following information:
- The name of the court where you will be required to appear
- The name of all parties associated with the criminal or civil proceeding
- A docket number
- The deadline by which you must respond
- A copy of the criminal or civil complaint in some cases
A summons may be issued so that:
- You can answer a criminal charge
- You can defend yourself against a civil lawsuit
- You can testify as a witness
Summons are issued in nearly every type of civil court proceeding, including those involving:
- Car accident injury cases
- Slip and fall accidents
- Medical malpractice claims
- Defective product cases
- And other personal injury actions
Sources:
https://www.merriam-webster.com/dictionary/summons
https://injury.findlaw.com/car-accidents/i-received-a-car-accident-court-summons-now-what.html
Survivor Action
Survivor Action legal definition: Survivor action is an action for the recovery of damages for injury to a fatally injured person that is brought by his or her personal representative. If someone is killed in a setting where another party can be held liable, it is possible to sue for damages related to the cost and loss of enjoyment of life that person might have suffered had they survived.
Survivor Action in Medical Malpractice Cases
In a medical malpractice setting, survivor action differs from a wrongful death suit, namely in its pursuit to compensate the deceased had they survived, rather than compensate the deceased’s family for incurred emotional distress such as in a wrongful death case.
To learn more about the difference and to speak to a Pittsburgh medical malpractice lawyer about your case, contact us today: (412) 672-5444.
Sources:
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Teaching Hospital
Teaching Hospital medical definition: A teaching hospital, sometimes called an academic medical center, is a hospital where partnerships are made with medical and nursing schools, research centers, and other education programs to improve and advance health care through continuous learning and research. They conduct state of the art research and train and educate future medical professionals. According to the American Hospital Association there are over 1,000 teaching hospitals in the US that directly employ 2.7 million people.
Teaching Hospital in Medical Malpractice Cases
Medical malpractice accidents happen in all kinds of medical facilities, and teaching hospitals are no exception. With the often large number of trainees and students present in teaching hospitals, accidents do happen. When or if an accident does occur, the hospital can be held accountable for any mistakes made by the student. This is called vicarious liability.
Contact a Pittsburgh medical malpractice lawyer today to review your case: (412) 672-5444
Sources:
- https://www.mottchildren.org/about-us/teaching-hospital
- https://www.aha.org/advocacy/teaching-hospitals
Third-Party Benefits
Third-Party Benefits legal definition: The purpose of third-party benefits is to insure liability for bodily injury and property damage claims made against them in the event they are responsible for a car accident.
If you are liable for an accident that causes bodily injury, your third-party benefits could cover the other driver’s:
- Medical expenses
- Lost wages
- Legal expenses
Each state dictates how much third-party benefit coverage a driver must carry. Pennsylvania requires motorists to carry third-party liability coverage of at least $15,000 per person, and $30,000 total per accident. However, motorists may opt to purchase coverage over and above that amount.
Sources:
https://www.valuepenguin.com/bodily-injury-car-insurance-coverage
https://www.investopedia.com/terms/t/third-party-insurance.asp
Tort
Tort legal definition: The word tort comes from the french word for wrong. In a legal setting, tort refers to an act or omission, either intentional or unintentional, that leads to the loss or harm of another person. All negligence cases are considered torts as well as any intentional wrongs resulting in harm. Tort law aims to provide relief to injured parties for harms caused by others, to direct liability on the parties responsible for said harm, and to deter others from committing harmful acts. There are three categories of tort:
- Intentional torts (i.e. intentionally hitting someone)
- Negligent torts (i.e. accidents that cause harm to another)
- Strict liability torts (i.e. liability for making and selling defective products)
Tort in Medical Malpractice Cases
Malpractice, a kind of tort, is most common against lawyers or doctors. In a medical setting, this is known as medical malpractice. Medical malpractice is committed when a medical professional fails to uphold the standard of care or doesn’t properly execute their duty towards a patient or client resulting in some form of loss or harm.
Contact a Pittsburgh medical malpractice lawyer today to review your case: (412) 672-5444
Sources:
- https://dictionary.law.com/default.aspx?selected=2137
- https://www.law.cornell.edu/wex/tort
- https://www.law.cornell.edu/wex/malpractice
Total Disability
Total Disability legal definition: The term total disability refers to an injury that completely impairs a person’s physical or mental capacity to perform their normal job duties. If the court deems that a person is totally disabled, that individual may be eligible to collect Workers’ Compensation and Social Security Disability benefits.
Total Disability and Workers’ Compensation Cases
Under Pennsylvania Workers’ Compensation law, employees who’ve suffered an on-the-job injury or illness that prevents them from working may be entitled to total disability benefits. There are two types: Temporary total disability and permanent total disability.
To qualify for temporary total disability benefits, a worker must have been hurt on the job and is expected to recover. They must also :
- Be eligible to file a Pennsylvania Workers’ Compensation claim
- File a valid workers’ compensation claim
- Seek medical treatment
Temporary Total Disability benefits are generally paid once an injured worker has been off the job for a period of several days. Total Disability Benefits are equal to two-thirds of a workers’ usual weekly wages. These benefits are payable until one of the following scenarios takes place:
- Your doctor deems you fit to return to work, or fit to return to work in a light duty capacity
- Your doctor determines that your work-related injury or illness will not further improve. In this case, you will begin receiving permanent disability payments.
- You’ve reached the limit for Temporary Total Disability Benefits in your state. The number of weeks a worker is eligible for Temporary Disability Benefits varies by state. In Pennsylvania, an injured worker may receive Temporary Total Disability payments for a total of 500 weeks.
It should be noted that after an injured worker received Total Temporary Disability benefits for 104 weeks, they may be asked to undergo an Impairment Rating Evaluation. If during this medical examination it is determined that the injury victim has less than 50 percent impairment across their whole body, they will be considered partially disabled, and will be able to collect partial disability benefits.
Sources:
https://definitions.uslegal.com/t/total-disability
https://www.nolo.com/legal-encyclopedia/temporary-total-disability.html
U
Uninsured and Underinsured Motorist Coverage
Uninsured and Underinsured Motorist Coverage legal definition: The purpose of uninsured and underinsured motorist coverage is to protect you – and all other family members who reside in your home – against drivers who either have no insurance or a limited policy that does not cover all of your medical and other expenses. In Pennsylvania, uninsured and underinsured motorist coverage is optional.
Uninsured and underinsured motorist coverage applies to you and members of your family in the event of a car accident no matter if you/they were:
- The driver
- A passenger
- A pedestrian
- A bicyclist
It should also be noted that uninsured and underinsured motorist coverage would come into play if you or a family member was injured or suffered property damage as a result of a hit and run driver.
Uninsured and underinsured motorist coverage limits vary, and pay for things like:
- Missed paychecks
- Medical bills
- Property damage
Sources:
https://www.dmv.org/insurance/uninsured-motorist-coverage.php
United States Medical Licensing Examination
United States Medical Licensing Examination (USMLE) medical definition: Throughout the US and its territories there are individual medical licensing authorities (i.e. state medical boards) that grant or deny licenses to practice medicine. The USMLE is a common evaluation system for medical licensure that is used by these individual authorities. All medical students or professionals seeking to practice medicine must first pass the USMLE in order to practice allopathic medicine in the United States.
According to the USMLE website, the mission and goals of the exam are as follows:
- To provide to licensing authorities meaningful information from assessments of physician characteristics—including medical knowledge, skills, values, and attitudes—that are important to the provision of safe and effective patient care.
- To engage medical educators and their institutions, licensing authority members, and practicing clinicians in the design and development of these assessments.
- To assure fairness and equity to physicians through the highest professional testing standards.
- To continue to develop and improve assessments for licensure with the intent of assessing physicians more accurately and comprehensively.
United States Medical Licensing Examination in Medical Malpractice Cases
At the heart of all medical malpractice cases is the proven basis that the standard of care was neglected by a physician or care giver that had the knowledge and skill to perform better. The USMLE creates a common assessment for all practicing US physicians to understand the responsibilities of their chosen career, the risks and rewards, as well as the knowledge to treat and help their patients to the best of their ability.
Contact a Pittsburgh medical malpractice lawyer today to review your case: (412) 672-5444
Sources:
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Vegetative State
Vegetative State Medical Definition: A vegetative state is characterized by the absence of awareness as a result of significant dysfunction in the cerebral hemispheres of the brain, while sparing other areas of the brain so that autonomic functions, motor-reflexes, and sleep-wake cycles remain. Patients in a vegetative state may still have eye movement, yawning, involuntary movements, but still show no signs of awareness or of their surroundings.
The most common causes of a vegetative state are:
- Traumatic brain injury
- Diffuse cerebral hypoxia
Vegetative State in Medical Malpractice Cases
Vegetative states can be the result of an injury sustained during surgery or other such medical procedures. When this happens, vegetative state is the horrible consequence of medical negligence. In serious cases like this, it is imperative to have an experienced legal team on your side to help you recover your losses as best as possible.
Contact a Pittsburgh medical malpractice lawyer today to review your case: (412) 672-5444
Sources:
Verdict
Verdict legal definition: Legally, a verdict is defined as the decision made by a 12-person jury following a trial. It should be noted that verdicts must be accepted by a judge in order to be final. A decision made by a judge without a jury is NOT a verdict – it is legally defined as a judgment.
While the majority of personal injury cases (including those involving car accidents, slip and fall accidents, or product injuries) are settled out of court, a percentage goes to trial and require a jury to make a decision regarding liability and damages.
Sources:
https://www.nolo.com/legal-encyclopedia/when-car-accident-case-goes-trial.html
Vicarious Liability
Vicarious Liability legal definition: Vicarious liability is the attachment of responsibility to someone for damage or harm caused by someone else in a negligent act. This can look like employers being responsible for the actions of their employees, hospitals being responsible for mistakes made by their doctors, or even parents being responsible for the actions of their children. Vicarious liability gives those harmed by negligence more potential defendants in a personal injury or medical malpractice case.
Vicarious Liability in Medical Malpractice Cases
In many situations, a harmed party will pursue a case against whoever was directly responsible for their injury as well as the party that is subsequently responsible for the person who caused the harm. In a medical malpractice suit, this would look like a plaintiff filing a case against a doctor who misdiagnosed them for example, as well as the hospital where the incident took place. Vicarious liability allows for those who have the resources (i.e. insurance) and who were in a position to prevent harm and failed to do so be held accountable so that victims of such things as medical malpractice do not go uncompensated.
Contact a Pittsburgh medical malpractice lawyer today to review your case: (412) 672-5444
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Voir Dire
Voir Dire legal definition: Voir dire is the process by which prospective jurors are questioned by attorneys and/or a judge in court. The purpose of voir dire is to determine:
- If the prospective juror has any biases that could impact their decision in a court case
- If the prospective juror would be able to deal with the issues related to the trial fairly
There are several reasons why a juror would be found unfit to serve include:
- Situations where a juror has an existing relationship or familiarity with any of the parties involved in the suit or any of their attorneys
- When a juror strongly supports or is opposed to the death penalty
- Situations in which the juror had a similar experience (i.e.: if they were sued for a similar claim or charged in a similar criminal case
While a judge may dismiss a juror for cause, attorneys for both sides are permitted a limited number of peremptory challenges. This allows them to dismiss a juror without stating why.
Sources:
https://dictionary.law.com/Default.aspx?selected=2229
Volvulus
Volvulus Medical Definition: Volvulus occurs when a loop of intestine twists around itself and the membrane that attaches it to the abdominal wall causing a bowel obstruction. Symptoms can be extremely painful and sudden.
They can include:
- Abdominal distension
- Pain
- Vomiting
- Constipation
- Bloody stool
- Fever
In adults, the sigmoid colon and cecum are the most commonly affected by volvulus. In children, the small intestine and stomach are more commonly involved.
Volvulus in Medical Malpractice Cases
Volvulus is a rare condition, but when it occurs it requires fast action. Delayed diagnosis of volvulus is associated with high mortality rates as the twisted intestine can become tight enough to restrict blood flow. Diagnosis is not known to be particularly difficult, but since volvulus can occur in many different areas of the intestines, the solution and management are not always straight forward making medical malpractice a potentiality.
Contact a Pittsburgh medical malpractice lawyer today to review your case: (412) 672-5444
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Waiver
Waiver legal definition: The function of a waiver in the legal world is to allow a person to voluntarily and intentionally relinquish a right. Waivers are usually in the form of a written statement. For example, before riding some amusement park rides you may be asked to file a waiver or your right to file suit in the event you are injured.
However, it should be noted that no waiver or other legal forms will prohibit someone from filing a lawsuit if negligence is to blame for the injury.
Waivers and Car Accident Injury Cases
In car accident injury cases, waivers come into play when you are reaching a settlement of your claim. In these instances, a document called a release of liability serves as a waiver and prevents someone from filing for further damages for the same incident.
Waivers and Medical Malpractice Cases
When a patient undergoes surgery or another medical procedure, they will likely be asked to sign a release or consent form – which is a type of legal waiver. The purpose of a medical waiver or release is to ensure the patient gives what is known as “informed consent” to undergo the procedure after being warned of possible dangers and complications.
Medical waivers generally include information such as:
- A description of the surgery or medical procedure in question
- Complications, dangers, side effects, and other concerns
However, just because a patient signed a medical waiver does not mean they cannot later file a malpractice claim should the worst-case scenario occur – a serious injury is suffered. Even if they sign a waiver, victims of medical mistakes may file malpractice claims if:
- The patient suffers from a complication or danger that was not included in the waiver but should have been
- The patient was pressured to sign the form
- The patient was not mentally competent to sign a waiver
- The patient suffers an injury or complication that was not well explained on the release
- There is evidence that gross negligence played a role in your injury or ailments
Waivers and Personal Injury Cases
If you or someone you care about has suffered a personal injury and you are unsure if a waiver you signed will bar you from filing a lawsuit to recover damages, don’t despair: Call Pribanic & Pribanic today. Our lawyers have handled nearly every type of personal injury action and can advise you about how a waiver will affect your ability to recover damages for injuries suffered because of a:
- A car crash
- A slip-and-fall accident
- Amusement park attraction
- Dangerous or defective product
Sources:
http://dictionary.law.com/Default.aspx?selected=2233
https://www.alllaw.com/articles/nolo/medical-malpractice/release-consent-forms-preclude-suing.html
Willful Negligence
Willful Negligence legal definition: Willful negligence is defined as conduct that deliberately disregards the health, safety and welfare of another person. When it comes to liability, willful negligence is among the most heinous. Willful negligence typically involves behavior that is:
- Voluntary
- Intentional
- Reckless
If you’ve been seriously injured in an accident and are seeking punitive damages, you will be tasked with proving that the defendant engaged in wanton behavior that rises to the level or willful negligence.
To do that, an injury victim must:
- Prove the defendant intentionally engaged in the activity that caused the injury
- Prove the defendant disregarded risks and dangers associated with the accident that caused the injury
- That the risk taken could result in serious harm or injury
Willful Negligence and Car Accident Cases
While negligence is the blame for nearly all car accidents, willful negligence is less common. Types of car accidents that involve willful negligence include:
- Crashes where the driver was under the influence of alcohol or drugs
- Crashes where the driver was not legally properly licensed
- Crashes caused by defective cars or car components
Successfully recovering legal damages in car accidents caused by willful negligence requires more than physical evidence – it could also require expert witness testimony. If you’ve been seriously injured in a car accident, call Pribanic & Pribanic today to discuss how negligence and/or willful misconduct play a role in your case.
Willful Negligence and Medical Malpractice Cases
To successfully recover damages for medical malpractice, an injury victim must be able to prove that the doctor or healthcare provider at the center of the lawsuit failed to exercise the same standard of care that a doctor with similar expertise would in a similar situation.
In medical malpractice cases, gross negligence is the term used for willful misconduct. It should be noted that gross malpractice is rare in medical malpractice cases. An example of gross, or willful negligence, by a medical provider would be a surgeon who operated while under the influence of drugs or alcohol.
Willful Negligence and Workers’ Compensation Cases
Pennsylvania Workers’ Compensation is a no-fault system that pays injured employees wages and medical benefits regardless of who caused the accident.
However, it should be noted that an employee hurt at work may file a civil lawsuit against his employer if they were willfully negligent. In cases where a workplace injury was caused by the intentional or willfully negligent conduct, punitive damages can be sought – as well as payments for pain and suffering.
In the world of workers’ compensation law, these cases are the exception and not the rule. That’s why it’s so important to enlist the help of a skilled workers’ comp attorney if you believe your injury was caused by willful misconduct on behalf of your employer.
Sources:
https://www.upcounsel.com/willful-negligence
https://dictionary.thelaw.com/willful-negligence/
https://injury.findlaw.com/car-accidents/fault-and-liability-for-motor-vehicle-accidents.html
https://www.nolo.com/legal-encyclopedia/workers-compensation-basics-employers-30333.html
Wood’s Screw Maneuver
Wood’s Screw Maneuver medical definition: The Wood’s Screw Maneuver is a technique used by doctors during birth to free the baby from the birth canal. Sometimes a baby’s shoulder can get caught behind the mother’s pelvis, called shoulder dystocia, and known as a medical emergency. Using the Wood’s Screw Maneuver, the obstetrician will use his or her hand to rotate the baby’s shoulder back allowing the baby to descend through the birth canal while the rotation is occurring.
Wood’s Screw Maneuver in Medical Malpractice Cases
Using the Wood’s Screw Maneuver, and other such maneuvers, to resolve cases of shoulder dystocia is required knowledge of all obstetric providers. Untreated shoulder dystocia can lead to fetal brain damage and death. While not every case of shoulder dystocia is a result of medical malpractice, many can be a result of incorrect pre-delivery maternal treatment.
Contact a Pittsburgh medical malpractice lawyer today to review your case: (412) 672-5444
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Wrongful Death
Wrongful Death legal definition: Wrongful death is a civil action filed when a person’s death was legally caused by someone else’s negligence. Damages that can be claimed in a wrongful death lawsuit include:
- Medical bills
- Funeral, burial, or cremation costs
- Lost wages and benefits
- Payments for pain and suffering
- Expenses related to the administration of the decedent’s estate
- Payments for emotional distress, loss of companionship, and more
In Pennsylvania, the statute of limitations to file a wrongful death lawsuit is two years from the date the victim died.
The purpose of a wrongful death suit is to compensate the loved ones of someone who dies from injuries caused by the negligence of someone else. Wrongful death suits can stem from:
- Car accident injury cases
- Slip and fall cases
- Medical malpractice cases
- Product injury cases
However, only certain people are permitted to bring a wrongful death action. Legally, the individuals who can file a wrongful death suit are referred to as “real parties of interest.” Real parties of interest in a potential wrongful death suit include:
- Immediate family members such as the decedent’s spouse or children (biological and/or adopted)
- Life partners and others who are financially dependent on the deceased
- Distant relatives, which are legally defined as siblings and grandparents
- Parents of a deceased fetus
Types of wrongful death suits stemming from fatal car accident injuries include:
- Claims against the at-fault driver, or employer of the driver who caused the fatal accident
- The firm or company that designed or built a dangerous intersection or faulty roadway
- The manufacturer, designer, retailer, or wholesaler of defective cars or faulty car parts (such as airbags)
- The bartender or social host who overserved a drunk driver who caused the fatality
Sources:
https://www.nolo.com/legal-encyclopedia/wrongful-death-claims-overview-30141.html
https://www.nolo.com/legal-encyclopedia/wrongful-death-lawsuits-pennsylvania.html
https://www.alllaw.com/articles/nolo/medical-malpractice/filing-wrongful-death-lawsuit.html
Wrongful Life Action
Wrongful Life Action legal definition: Wrongful life actions are malpractice claims brought by or on behalf of a child born with a birth defect. The action alleges that the child would never have been born if not for the negligent advice and or treatment given to the parents via their physician.
Wrongful Life Action in Medical Malpractice Cases
Wrongful life claims can be decided as medical malpractice cases based on the notion that negligent information or treatment was given to the parents of the yet-to-be-born child. However, it is important to note that wrongful life claims are hard to pursue in court as the basis of the injury claimed is not the birth defect but the life itself and there is no legally established right to not be born.
Contact a Pittsburgh medical malpractice lawyer today to review your case: (412) 672-5444
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Zavanelli Maneuver
Zavanelli Maneuver medical definition: The Zavanelli Maneuver is a medical maneuver where an obstetrician will push a partially delivered, but un-deliverable, baby back into the vaginal canal so that the baby may be delivered via cesarean section. This can be necessary in severe cases of shoulder dystocia (where the baby’s shoulder becomes lodged behind the mother’s pelvis and therefore stuck). The Zavanelli Maneuver is usually a last resort for doctors struggling to release a baby’s shoulder. It is a rare maneuver that has been used with measurable success.
Zavanelli Maneuver in Medical Malpractice Cases
While the rare Zavanelli Maneuver itself has been used successfully, it is most often the shoulder dystocia that causes distress to either the mother or the baby. Shoulder dystocia is a medical emergency that must be treated immediately in order to prevent brain damage or other harm to the baby. When doctors fail to perform successful births when there were aspects they could have controlled, it may constitute a medical malpractice case.
Contact a Pittsburgh medical malpractice lawyer today to review your case: (412) 672-5444
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