The Pennsylvania House of Representatives recently voted against a bill that would have put a cap on the punitive damages that could be awarded to victims in verdicts against nursing homes in the state.

This bill sought to apply the Medical Care Availability and Reduction of Error (MCARE) Act to assisted living facilities and nursing homes, which would have capped these damages to 250 percent of the compensatory damages awarded.

“This bill demonstrates that the Pennsylvania legislature, which remains majority-controlled by Republicans, works very hard to balance the interests of its individual constituents and the business interests here in Pennsylvania,” attorney Robert L. Sachs, Jr. said in an interview with the Pennsylvania Record. “And I think that this outcome is a very good example of them striving to strike a balance. From our perspective, we think they have found an appropriate balance at this time.”

With the recent attention on nursing homes resulting from the death of H.R. McMaster, Sr., who died in the Cathedral Village nursing facility in Philadelphia, Sachs noted that this bill was brought to the House at an inopportune time.

A recent article from the Philadelphia Inquirer is shining a spotlight on a local nursing home owner that profited despite declining care at its facilities. According to the article, nursing homes once owned by the Archdiocese of Philadelphia went from barely breaking even to becoming some of the most profitable nursing homes in the region after being bought by Charles-Edouard Gros. One of the nursing homes included the St. Francis Center for Rehabilitation & Healthcare.

As reported by the Inquirer, Gros-owned nursing homes comprised four of the area’s five most profitable assisted living facilities. Those profits, however, were driven by staff cuts and increased acceptance of sicker patients. As care began to decline, regulators found ample evidence of neglect and revoked St. Francis’ license, which is a step taken only in the most serious cases. They also noted an increase in incidents involving actual harm to residents since the homes were bought by Gros.

In January, officials reported on what they called “extreme” conditions at facilities like St. Francis, including a lack of nursing care, wound treatment, and a patient death which occurred during the time regulators had been conducting their investigation. That patient suffered from severe bed sores and various infections acquired during her stay at the nearly 300-bed facility in Delaware County.

Now, the poor quality of care at St. Francis and other facilities owned by Gros’ Center Management Group is forming the basis of a lawsuit filed last month. In the suit, the victim’s daughter states that although a doctor ordered facility staff to adjust the victim’s position every two hours to prevent bed sores, nursing home staff failed to follow instructions.

Doctors have a legal duty to treat patients in accordance to established medical guidelines and standards, as doing so is critical to avoiding preventable injuries. While evaluating whether a medical professional took appropriate steps to treat a patient as a reasonably skillful doctor would under the same or similar circumstances is an important part of determining whether negligence played a role in causing birth injuries, it is also important to evaluate whether or not doctors adequately discussed information about procedures and associated risks – including risks related to cesarean sections, or C-sections for short.

During pregnancy, doctors have ample opportunity to speak with and evaluate pregnant mothers, conduct testing, and prepare them for delivery. This includes an evaluation of potential risk factors and complications that would necessitate a C-section per accepted medical guidelines, including:

• Twin births
• Large babies, or a history of large babies
• Placental problems
• Chronic health conditions (diabetes, high blood pressures, etc.)
• Infections
• Premature labor
• Complications during labor and delivery

Doctors have a legal duty to properly interpret test results and discussions with mothers to evaluate foreseeable risks associated with vaginal delivery. When appropriate, they should discuss the possibility of C-sections with mothers as a means to avoid and mitigate these risks, as well as risks inherent to C-section procedures themselves.

Distracted driving has become one of America’s leading causes of preventable car accidents, injuries, and deaths. While this can include any form of risky multi-tasking – from personal grooming and eating or drinking to conversing with passengers or reading maps – it most notably includes text messaging and the use of handheld smart phones. In fact, the National Highway Traffic Safety Administration has cited distracted driving as a national epidemic that killed nearly 4,000 victims in 2016 alone, and which is a leading factor behind recent surges in fatal traffic accidents nationwide.

With such alarming data on distracted driving collected in recent years, many states across the country have taken steps to regulate the use of cell phones behind the wheel. This includes Pennsylvania, which enforces the following laws:

• State law prohibits all drivers from texting while driving.
• Motorists are prohibited from wearing headphones and earbuds while driving.
• Talking on a handheld cell phone is illegal only for commercial drivers.

While there is a texting ban in place in Pennsylvania, it has not been very effective, nor has it been successfully enforced, according to newly released data from the Administrative Office of Pennsylvania Courts. Additionally, unlike other states, Pennsylvania does not have a law regulating handheld cell phone use for non-commercial drivers, meaning cell phone use that isn’t considered texting, such as using apps, e-mail, or placing calls.

Apologies can be a polite way to express concern when you make a mistake or when something accidental happens. While it may be a natural reaction for many people after knocking something over or bumping into another person, even if it wasn’t necessarily their fault, apologizing should be something you avoid after a car accident, as it can create complications in any personal injury case you choose to pursue.

At Shrager & Sachs, our Philadelphia personal injury lawyers have extensive experience advocating on behalf of victims injured in all types of car accidents. Throughout the years our firm has been serving residents of Pennsylvania and beyond, we have seen victims make various mistakes that jeopardize their rights simply as a result of their unfamiliarity with the personal injury claim process, as well as their lack of knowledge regarding the unsavory tactics of insurance companies. Apologies are among the most common.

Birth injuries can result from a range of negligent actions and conduct during pregnancy, labor, and delivery – including the improper use of forceps and vacuum extractors. While both of these medical devices can assist physicians during difficult deliveries, they must be used in accordance to strict standards. When medical professionals fail to use forceps or vacuum extractors properly, they can be held liable for preventable birth injuries, including those resulting in long-term and life-altering effects on children and their families.

At Shrager & Sachs, our Philadelphia attorneys have established our firm as a proven practice capable of protecting the rights of victims who suffer preventable harm due to medical malpractice. Over the years, our team has been dedicated to protecting the rights of families who have suffered injuries and losses as a result of substandard medical care – including substandard care resulting in preventable birth injuries. In birth injury cases involving forceps and vacuums, we closely evaluate the facts and circumstances at hand to hold treating nurses, doctors, or other medical professionals accountable for their negligence.

Forceps Injuries

Forceps are devices that enable a physician or health care provider to guide a baby’s head through the birth canal, and are typically used during difficult deliveries, when a mother has become exhausted, and when other factors or complications are present. Because the head and neck of a newborn are incredibly fragile, forceps must be used properly without applying excessive pressure or twisting. They must also be correctly positioned, as incorrectly placed forceps can cause catastrophic injury, and used at appropriate times.

Trucks, tractor-trailers, and other commercial vehicles that transport goods and products use our public roads and highways on a daily basis. Because they’re much larger, heavier, and slower vehicles than passenger cars, pickup trucks, and motorcycles, they also pose innumerable risks to those around them, including the threat of catastrophic injuries or death when vulnerable motorists are involved in trucking accidents. To manage these risks and protect the rights of accident victims, the federal government and states across the country enforce a number of laws and safety regulations.

At Shrager & Sachs, our Philadelphia personal injury lawyers know the regulations governing truck and commercial vehicle safety, as well as the laws and legal standards that apply to personal injury cases involving victims who suffer harm in preventable truck accidents. In fact, our legal team has extensive experience representing victims of commercial trucking accidents, and Partner Rob Sachs has shared his insight on litigating these cases at public speaking engagements and legal seminars across the country.

Birth injuries are never an easy experience, especially when those injuries result from preventable acts of negligence committed by the medical professionals in whom you placed your trust during such an important time. While families are tasked with rebuilding their lives and finding ways to manage life-altering repercussions, it is also important to understand they have legal rights when birth injuries are preventable – rights that can not only provide them with a sense of justice, but also the compensation and resources they need to navigate their futures.

At Shrager & Sachs, our Philadelphia birth injury lawyers are passionate about serving as the advocates and support system families need during difficult times. Backed by decades of combined experience and a reputation for handling challenging medical malpractice cases, we understand the vital role we play in guiding birth injury victims through their personal and legal journeys, and why it becomes so critical for families to assert their rights as a means to seek the justice and compensation to which they are entitled.

Monitoring an unborn baby’s heart rate during labor and delivery can alert nurses and medical staff to potential complications and medical emergencies that must be promptly addressed. Should a baby’s heart rate become too high or too low, for example, it may indicate fetal distress caused by oxygen deprivation and the need for an emergency C-section.

In order to ensure a baby is tolerating the birth process and identify any complications, nurses and staff use electronic fetal heart rate monitors. These devices provide readouts that must be interpreted by attending medical staff. Should they fail to read fetal heart rate, or interpret readouts properly, they can miss signs of distress and opportunities to avert serious, neurological injuries that could have otherwise been avoided.

In December, an Amtrak train from Portland, Oregon derailed off a bridge outside of Tacoma, Washington, killing 3 victims and injuring over 60 others. In the wake of the tragic crash, initial investigations have showed that the train was traveling nearly 50 miles per hour over the speed limit when the incident happened – a discovery many safety advocates say should never happen with the advent of new technology and policies.

In recent years, train accidents like the Washington Amtrak derailment have happened frequently across the U.S., often with devastating results. This includes a 2015 Amtrak derailment in Philadelphia that killed 8 victims and injured more than 200 passengers, and a Metrolink collision in Chatsworth, California that resulted in 25 deaths and 135 injuries. In both of these crashes, engineers had become distracted. Federal officials also stated they could and should have been prevented.