In 2013, the Pennsylvania legislature passed “The Benevolent Gesture Medical Professional Liability Act”, which is colloquially referred to as “The Apology Law”.  This statute allows a health care provider to apologize to a patient for a mistake or perceived mistake, or a bad outcome, without fear that the apology will be used against the health

Not every complication which occurs during or as a result of surgery is actionable under the law.  Some complications are foreseeable and a risk of certain procedures. In addition, just because a surgery is unsuccessful does not mean that a surgeon was negligent.  However, many complications are the result of a preventable mistake, and if

Philadelphia Court of Common Pleas Judge Albert J. Snite has denied Defendant, Parx Casino and Racetrack’s motions for post-trial relief following a $7.8 million verdict awarded to the widow of a horse jockey who was killed when he was trampled by a horse at the racetrack. On the morning of May 30, 2010, jockey, Mario Ramiro Calderon of Croydon, Bucks County, was exercising his horse, Cassidy Blue, when a chicken entered the track and frightened the horse causing it to buck and throw Calderon off the saddle.
Continue Reading Philadelphia Court Upholds $7.8 Million Verdict in Parx Jockey Death Case

Dogs are one of our most trusted and loved companions, and there are millions of dog owners in America. While pets can be cute and cuddly, they can also attack and cause injury to their owners and others. The U.S. Centers for Disease Control and Prevention estimates that dogs bite 4.5 million people each year.
Pennsylvania Dog Bite Law:

The state of Pennsylvania’s laws regarding dog bites hold the owner of the dog liable for certain damages depending upon the circumstances. As such, the victim of the dog bite will fall into a specific category, and will be able to file a suit to recover compensation depending upon the category into which he or she falls.
Continue Reading Pennsylvania Law for Dog Bites

The danger continues, but devices are helping avoid this danger. More and more each year we hear about the horrific accidents which occur as a result of operators of passenger cars and commercial vehicles being distracted by use of cell phones, even the use of phones for texting while driving.
Continue Reading Distracted Driving More Prevalent Than Ever- There is Help

Medical errors which occur in U.S. hospitals remain one of the most poignant issues that receive little attention according to the Chairman of the Senate Subcommittee on Primary Health and Aging. Approximately 15 years ago there was a study reported by the Institute of Medicine which drew attention to the issues that needed improvement in hospitals and focus on preventable medical errors.
Continue Reading Study Reveals Hospital Patients No Safer Now Than 15 Years Ago

In December, 2013 the Federal Motor Carrier Safety Administration (FMCSA) proposed changes to allow all States to obtain results from adjudicated citations related to roadside inspection violation data collected in the MCMIS. Much of this data is driven pursuant to the condition under the Code of Federal Regulations that States participate in the Motor Carrier Safety Assistance Program (MCSAP) and States must establish programs that insure accurate and timely motor carrier safety data are reported so that appropriate violation data is part of the FMCSA data systems. A large part of the focus with regard to this new program was dismissed citations. There was significant commentary that even though citations were dismissed does not always mean that the violations did not occur at the time of the inspection and therefore dismissed citations should not be the sole basis for removing violations from inspection reports in the database.
Continue Reading Much Needed Changes with the MCMIS

With the summer officially underway and many people, adults and children, will be on the roads on bicycles. Riding a bicycle is great exercise and help to the environment. However, given the number of car on the road it is imperative to understand safe protocol while sharing the roads with cars. Here are ten tips for bicyclists to keep safe on the roads.
Continue Reading Ten Tips For Bicyclist to Keep Safe

Recently in New Jersey State Court, suit was filed alleging that CVS Pharmacy Redness Relief Drops were tainted or contaminated. The plaintiff, Gregg Schweck put the drops in both eyes and immediately felt extreme pain, burning and detected a smell of bleach according to the Complaint which has been filed. If in fact it is determined that these drops were tainted, CVS would be facing claims of liability under the theory of res ipsa loquitur which creates the presumption of negligence as a result of the nature of the injury i.e. the injury could not have occurred but for negligence.
Continue Reading CVS Potentially Liable for Tainted Eye Drops