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Damage Caps on Medical Malpractice: Why It’s Dangerous

Published on Sep 1, 2017 at 5:53 pm in Medical Malpractice.

In a continuing trend of naming bills misleadingly, the Protecting Access to Care Act (HR 1215) was passed in the Republican-majority Congress on June 28, 2017. This bill places a cap on the maximum amount a patient can sue for damages in a medical malpractice suit. HR 1215 is currently being considered by the Senate, so it has not yet gone into effect.

However, this is a bill Republicans favor. If the Senate goes the same way as Congress, those who are victims of severe negligence will only be able to sue for up to $250,000 in noneconomic damages, despite any additional care needed to deal with the repercussions.

Proponents of the bill argue it will save the health care industry thousands of dollars, making health care affordable for more people, but this assertion is dubious. Even if medical insurers do save millions of dollars, this is no guarantee they will lower their premiums to allow better health care for low-income individuals who can’t afford it. Likewise, this bill targets the victims of malpractice who have suffered the most. Those who require extensive amounts of health care, rehabilitation, and who can no longer work after their injuries will need much more than $250,000 to survive.

In one example, written about by F. Paul Bland Jr. in on The Hill website, Kathleen Astleford is one such victim. In 2018, she was diagnosed with cancer in the right tonsil. She was referred to a Dr. Turrisi, who incorrectly noted she had been diagnosed with cancer on the left side of her tonsil, rather than the right. He then recommended she undergo 35 radiation therapy treatments, after which she would be cancer free.

What If My Injuries Don’t Appear Until Long After an Accident?

Published on Aug 29, 2017 at 6:02 pm in Auto Accidents.

If you are involved in a car accident, you may think you are unharmed just because you don’t feel any pain. However, sometimes your injuries may not present themselves until days after the crash. Such injuries include soft tissue damage to muscles, ligaments, and tendons, as well as concussions and whiplash. If you wait to see a doctor, insurance companies will try to prove that the injuries did not result from the crash. With this in mind, you can still pursue compensation for injuries that are not immediately apparent.

Can a Traumatic Brain Injury Cause PTSD?

Published on Aug 11, 2017 at 6:05 pm in Personal Injury.

Suffering a serious blow to the head from a car accident, blast, fall, or some other incident can result in a traumatic brain injury (TBI). For some, the memories from sustaining that injury can be extremely jarring, and may also trigger posttraumatic stress disorder (PTSD). A traumatic brain injury is typically very traumatic, and the symptoms may sometimes overlap with those of PTSD, making it difficult to determine whether you are suffering from a TBI, or both a TBI and PTSD.

A traumatic brain injury may be caused by any type of injury to the head, whether direct or indirect and may vary in degrees of severity. For example, someone may suffer a slight TBI after experiencing whiplash in a minor car accident, while someone else who hits their head after a nearby explosion may suffer a much more serious TBI.

Someone with a TBI may experience symptoms of physical discomfort, mental problems, as well as emotional difficulties.

Republicans Oppose Rule That Would Allow Class Action Lawsuits Against Banks

Published on Aug 11, 2017 at 6:03 pm in In The News.

“There is no moral or economic reason to deny people who have been harmed the right to sue in court. But Republicans keep trying to do so.” This quote by our managing partner, Attorney Robert Sachs, Jr., shows our passion for protecting citizens’ rights to sue financial institutions. However, not everyone shares our convictions. The Trump administration is trying to shut down a rule that would allow people to join together to file class action lawsuits against banks and other financial institutions. If the Republicans succeed in blocking this rule, thousands of victims of fraud and financial abuse would have to settle in arbitration, which almost always benefits the banks.

Here’s What You Need to Know

The Consumer Financial Protection Bureau is trying to pass a rule that will allow citizens to file class action lawsuits against financial institutions. Without this rule, banks can force citizens to settle complaints in arbitration, which often works in the interests of the banks. Bringing individual lawsuits against financial corporations is often too costly, so the best way to hold banks responsible is through class action lawsuits.

Keith Noreika, a bank lawyer appointed by Trump, tried to stall the rule by saying more time was needed to determine if the rule threatened the stability of the nation’s banking system. The Consumer Financial Bureau refused. The facts showed that the rule would cost around $1 billion a year for the banking system, which makes more than $171 billion per year. Thus, the rule would not destabilize the nation’s financial institutions. It would only keep them more accountable.

The Dangers of Soft Tissue Injuries

Published on Aug 7, 2017 at 6:06 pm in Personal Injury.

Soft tissue injuries may seem mild and less concerning than visible wounds, but they can be equally dangerous if left untreated. These types of injuries are typically the result of a car accident or perhaps a slip and fall incident. Unfortunately, because these injuries are not as apparent as open gashes or broken bones, they are often overlooked and left to worsen gradually.

A soft tissue injury is any type of physical damage that does not involve the bones. So, this may include any harm inflicted on the structures that support the bones, such as ligaments, muscles, or tendons. These injuries may seem less threatening, but they can be just as damaging and should never be ignored.

Common types of soft tissue injuries may include:

  • Ligament sprains
  • Muscle or tendon strains
  • Contusions

What is Whiplash?

While soft tissue injuries can occur anywhere, neck injuries, especially whiplash, are the most common. Car crashes are one of the biggest causes of whiplash because a sudden impact from either the front or the back can make the head and neck whip backward and forward, thus resulting in a whiplash injury. Whiplash is a very dangerous health issue and can result in serious head or spinal injuries, even if there was no actual impact to the head or visible harm. The symptoms of whiplash include neck stiffness, tingling in the shoulders, jaw pain, and a headache. In very severe cases, whiplash may lead to nausea, vertigo, or vomiting. In some instances, whiplash may cause injuries to the brain.

Medication Error Leads to Death & 7-Figure Settlement

Published on Aug 3, 2017 at 6:12 pm in Medical Malpractice.

With more than 80 years of combined experience, Shrager & Sachs has guided hundreds of clients to successful outcomes. We take each case seriously and work hard to provide effective solutions to meet clients’ specific needs. Our team is proud to share the story of how we helped our client obtain a settlement for the wrongful death of his father.

The Situation

Our client’s father had been living independently in a senior living home for several months. However, he started becoming confused and unable to maintain his independent situation. It was recommended that he undergo a brief hospital stay, where he would try a combination of medication in the hopes of decreasing his confusion.

Once he was admitted to the psychiatric unit of a neighborhood hospital, the senior living facility sent over a list of his prescriptions, including Methotrexate, which he was taking as a maintenance drug for his rheumatoid arthritis. However, the list had a transcription error. Instead of recording a dosage of 2.5 mgs for 3 administrations given once a week, the list reported a dosage of 2.5 mgs given twice a day, on a daily basis.

Tractor-Trailer Driver Rear-Ended in Lancaster County Receives $450,000 Settlement

Published on Aug 1, 2017 at 6:13 pm in Auto Accidents.

Since 1978, Shrager & Sachs has represented hundreds of clients in personal injury cases. Our compassionate attorneys work hard to provide effective solutions to legal problems. We can represent you in court as you seek a favorable outcome.

Here is one story of how we helped a truck driver obtain a settlement after an accident.

The Incident

Horris Wilson is an over-the-road tractor-trailer driver. One day, he was driving a “bobtail” run (driving only the tractor without the trailer) when an auto carrier tractor-trailer hit him from behind. After the accident, the driver who rear-ended Wilson admitted to police that he was traveling nearly 45 miles per hour. Wilson’s truck sustained extensive damage, and he was also injured as a result of the crash.

Legal Challenges

Mr. Wilson’s case presented certain difficulties because of his inconsistent medical treatment. He received some treatment from the local hospital in Lancaster County, PA after the accident. However, he didn’t receive more treatment until arriving back home in Michigan several days later. An independent medical examiner diagnosed post-concussive syndrome, cervical and lumbosacral strain and sprain, and a torn rotator cuff.

Common Causes of Wrongful Death During Pregnancy

Published on Jul 19, 2017 at 6:14 pm in Medical Malpractice.

Physicians owe a duty of care to patients to provide safe, responsible medical treatment. If your loved one died during pregnancy, our Philadelphia medical malpractice attorneys can investigate the situation and provide compassionate representation. There are many causes of wrongful death during pregnancy, labor, and delivery. These could often be prevented with adequate diagnosis and prompt treatment. Unfortunately, doctors sometimes fail to act, or make hasty, reckless judgments regarding a patient’s care, resulting in wrongful death.

There Are 2 Main Causes of Wrongful Death During Pregnancy:

1. A Physician’s Negligence

If a doctor fails to diagnose and treat a mother’s medical condition before, during, or after pregnancy, this may lead to wrongful death. There are many dangerous diseases and medical conditions that can threaten the life of a mother and child. Physicians must use their training to identify the issue and provide effective treatment to protect the life of the patient. If they do not, they may be held liable in a wrongful death or medical malpractice lawsuit.

Airport Safety Tips for Summer

Published on Jul 5, 2017 at 6:16 pm in Personal Injury.

When you go to the airport, you’re usually wondering if you forgot anything, if you have your identification, and how long it will take to get through security. The clients we’ve represented who have been injured or sustained losses because of accidents inside an airport never thought that while they were traveling their lives would be changed in this way. It is paramount for every airport to ensure the safety and security of its passengers and personnel, but that’s not always the case.

Philadelphia-based Managing Partner Rob Sachs, Jr. has represented people injured on moving sidewalks in airports and who were being assisted in wheelchairs or on the modified golf carts that transport guests from gate to gate. All of these potentially dangerous activities are compounded risks when you’re carrying bags, distracted by watching your children, or trying to push a wheelchair. Some of the features at major airports are designed to help you travel from curbside through security and to your gate – like the moving sidewalk – but like any mechanical device, it can occasionally cause more harm than good. That’s why it’s important to safeguard yourself and your family as best as you can from these potentially serious airport accidents.

Fourth of July Safety Tips: Staying Safe During the Holidays

Published on Jun 30, 2017 at 6:17 pm in Personal Injury.

Shrager & Sachs hopes everyone throughout Philadelphia and Pennsylvania has a safe and fun Fourth of July weekend. As one of the most popular holidays of the year, we know that many local residents will be heading off for vacation soon, or gearing up for celebrations.

Because this time of year historically sees an increase in the number of preventable accidents, injuries, and hospital visits, our injury lawyers would like to send a reminder to all that you should be focused on staying safe, even when you’re having fun. Below are some essential safety tips to get you through the holiday weekend.

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