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    Can You Sue a Hospital for Wrongful Death?

    October 22nd, 2021 by Rieders Travis in Wrongful Death

    Hospital Wrongful Death

    You may be able to sue a hospital for wrongful death in Pennsylvania; whether you can do so depends on the individual circumstances of the case. Not every death that occurs at a hospital is a wrongful one, but you may have a valid wrongful death claim if the person who died is a family member covered by the statute and the death was caused by negligence or other wrongful act. You may also be able to sue a medical provider or other staff member of the hospital, and multiple parties may be defendants in the lawsuit. If you have lost a loved one because of negligence at a hospital, you may be entitled to receive financial compensation. However, wrongful death lawsuits due to hospital medical malpractice are extremely complicated and involve prompt investigation, gathering of facts, in-depth knowledge of the law, testimony of expert witnesses, and skill of an experienced attorney. The burden of proof is on the plaintiff, by a preponderance of the evidence. Your case must be handled correctly and competently, or you may never collect the compensation you are entitled to. Pennsylvania wrongful death attorney Clifford…

    Can You Get Punitive Damages in a Car Accident Case?

    June 24th, 2021 by Rieders Travis in Car Accidents

    Car Accident

    In short, you can recover punitive damages in a Pennsylvania car crash case. However, you need to prove that the defendant's actions were a product of deliberate indifference to the consequences or intentional. If the court agrees with you, then you have to take additional steps in order to obtain punitive damages. However, in some cases, it is worth the hassle to go after punitive damages. What Are Punitive Damages? Unlike compensatory damages, which the court orders in an attempt to make you whole again, the court orders punitive damages as a way to punish the defendant's deliberately indifferent or intentional actions or inactions. The court may permit a jury to award punitive damages, if the evidence supports a wanton, reckless and knowing indifference. This may only occur if you collect compensatory damages and after a number of other factors are examined that would permit punitive damages. What is the Difference Between Reckless Indifference and Negligence? Most injuries arise because of a defendant's negligence. You cannot collect punitive damages for negligence. The actions of defendant must be reckless and wanton, meaning that the defendant was knowingly indifferent to the consequences…

    Car Accidents

    April 8th, 2021 by Rieders Travis in Car Accidents

    FAIR SHARE ACT-MOTOR VEHICLE COLLISION Spencer v. Johnson, 2021 Pa. Super. LEXIS 144, 2021 PA Super 48 (March 18, 2021) (Panella, P.J.)  This consolidated appeal arises out of an automobile accident that occurred in West Philadelphia, Pennsylvania. On October 16, 2014, the car that Cleveland Johnson (“Cleveland”) was driving struck Appellant/Cross-Appellee, Keith Spencer (“Spencer”), a pedestrian, as he lawfully crossed the street. Spencer suffered permanent, debilitating injuries, which have severely diminished his quality of life. Central to this appeal is the extent to which the owner of the car that Cleveland was driving should be held liable for Spencer’s injuries. The owner, Appellee/Cross-Appellant, Philadelphia Joint Board Workers United, SEIU (“PJB”), provided the car to its employee, Appellee/Cross-Appellant, Tina Johnson (“Tina”), who is Cleveland’s wife. The parties do not dispute two facts: (1) Spencer was not at fault, and (2) Cleveland was negligent in his operation of the vehicle. However, the parties disagree as to whether Tina was negligent in allowing Cleveland to operate her work vehicle, and whether PJB was negligent under the laws of agency and vicarious liability in failing to maintain reasonable policies and regulations for the vehicles…

    Does Not Wearing a Seatbelt Affect an Accident Claim?

    March 17th, 2021 by Rieders Travis in Car Accidents

    Seat with seatbelt in focus

    If you did not buckle up before being involved in an accident, you may wonder, “Does not wearing a seatbelt affect an accident claim?” The short answer is “no.” If you are severely injured in an accident, don’t spend any time or energy second-guessing yourself. Move on with your life and focus on recovery. The fact that you were not using seatbelts can’t be used by an insurance company to show that: You are to blame for the accident, or Your decision caused your injuries or made them worse. Rieders, Travis, Humphrey, Waters & Dohrmann will not let insurance companies play these games. We will not allow them to break the rules, so our clients won’t be cheated out of any of the compensation they deserve. Not Wearing A Seatbelt and Your Accident Claim Is a Very Different Matter than Your Safety There is a good reason that the law requires seatbelt use: it can be a matter of life and death. It is Pennsylvania law that a driver or passenger under 18 years of age must buckle up, according to Subchapter E of Chapter 45, Title 75 of Pennsylvania’s…

    2021 Patient Safety Awareness Week

    March 12th, 2021 by Rieders Travis in Medical Malpractice

    2021 Patient Safety Awareness Week

    Patient Safety Awareness Week 2021 brings focus to the work of health care organizations and personnel to maintain the safety of patients. Working toward zero harm should be the aim of all hospitals, clinics, doctors, nurses, and other healthcare workers, and Patient Safety Week helps everyone focus on this important consideration. Unfortunately, preventable medical errors is one of the leading causes of death in the United States. The Patient Safety Authority in Pennsylvania receives over a quarter million reports of incidents and serious events. As a result of the obstacles to bringing meritorious medical liability claims, many of the preventable medical errors go uncompensated. Through various campaigns and attempts to raise awareness during the week of March 14-20, healthcare organizations hope to spark discussions and actions to improve the safety of the entire healthcare system, leading to better outcomes for patients and everyone involved. Importance of Advocating for Patient Safety According to the World Health Organization, 2.6 million deaths annually are related to adverse events in hospitals and clinics. Avoiding many of these deaths would likely be possible with an increased focus on and awareness of patient safety. Many preventable…

    How to Get a Car Accident Police Report

    February 2nd, 2021 by Rieders Travis in Car Accidents

    Car Accident

    How to get a car accident report is something you should know if you have been involved in a vehicle crash. It is usually the starting point for an investigation for an insurance claim or lawsuit. It is not admissible in court, and it may have mistakes in it, but it lays out what should be the facts of an accident. It should also state who, if anyone, was ticketed or arrested. It is an essential document for anyone involved in a car crash. If a vehicle accident happened, under Pennsylvania statute, you must contact the local police if: Someone was injured or killed, or A vehicle is so damaged that it needs to be towed away (it cannot be safely driven without further damage to it or the roadway). The same statute requires the police to investigate the reported accident. The police officer at the scene, or the one who contacts those involved when a report is made afterwards, writes the report. The officer at the accident may give you an incident number to help you find the report. Without that number, give your name, the date, time, and location…

    How Does Medical Malpractice Differ from Ordinary Negligence?

    September 8th, 2020 by Rieders Travis in Medical Malpractice

    Doctors In Surgery

    If you are injured because of a medical negligence, you may wonder, how does medical malpractice differ from an ordinary negligence claim? Negligence is a legal theory called a tort, covering a wide range of cases. Medical malpractice is a specific type of negligence case for injuries caused by healthcare professionals, hospitals, or other organizations. If you have been injured while getting medical care, you may feel betrayed by someone you trusted. You are probably frustrated by their lack of accountability for your suffering. It is a familiar story for Clifford A. Rieders. He has spent decades sharpening his skills and representing Pennsylvania families who suffered an injury or loss due to medical malpractice negligence and defective medical devices. Cliff is a past president of the Pennsylvania Trial Lawyers, now Pennsylvania Association for Justice, and he literally wrote the book on medical malpractice in Pennsylvania used by Pennsylvania lawyers and judges. Ordinary negligence cases seek compensation for people injured by the lack of due care, sometimes called reasonable care, on the part of others. These claims are a way to resolve disputes when parties disagree about who is legally responsible…

    What Are Non-Economic Damages in a Car Accident Case?

    August 18th, 2020 by Rieders Travis in Car Accidents

    Car Accident

    If you are injured in a car accident, you may wonder what are non-economic damages in a car accident case. There could be different types of damages you could receive to compensate you, depending on the facts of your case. Under Pennsylvania law, damages generally fall into two categories: economic and non-economic. Car accident cases are typically based on negligence law. The plaintiff (the injured person filing the lawsuit) would need to prove that the defendant (the party sued) had an obligation to do or avoid doing something in the situation, and the defendant did not live up to that duty. For example, the defendant was speeding, ran a red light, or was intoxicated. As a result, the defendant caused the accident and your injuries. You need to establish the harm you suffered. The judge or jury would decide what damages you are entitled to and the amount. Sometimes cases go to alternative dispute resolution such as mediation or arbitration. Damages in a car accident case measure the harm you suffered in dollars. That is easier to determine for economic (sometimes called special) damages. They are a reduced income or…

    Can You Sue an Uninsured Driver?

    August 12th, 2020 by Rieders Travis in Car Accidents

    Can you sue an uninsured driver? In the state of Pennsylvania, it is illegal for a driver to not be covered by auto insurance. And, in fact, we have one of the lower uninsured rates in the country, according to the Insurance Information Institute. That is great news. However, like in any state, there are drivers here who try to get away with driving uninsured. And if you are unlucky enough to be hit by one of them, you can find yourself in serious financial trouble. Can you sue an uninsured driver? The answer is that you may be able to. After your accident, it is important to hire an experienced lawyer to help you recover the money you need to pay your bills and other losses related to the wreck. The lawyers at Rieders, Travis, Humphrey, Waters & Dohrmann will help you with every step of your claim. We will: Calculate the amount of your losses Determine your own insurance coverage and whether you have enough to cover your losses If necessary, help you file a personal injury lawsuit against the other driver and any other responsible parties. Can…

    Bayer to Pay More than $10 Billion in Roundup Settlement

    July 29th, 2020 by Rieders Travis in Medical Malpractice

    Doctor

    Part of the Money Will Be Set Aside to Resolve Future Cancer Claims Bayer announced in June that it will pay more than $10 billion in a Roundup settlement to cancer victims or their estates. The money will settle thousands of lawsuits that allege the well-known Roundup weed killer caused non-Hodgkin’s lymphoma and other cancers. The Roundup herbicide was first sold by Monsanto in 1974. Since then it has been used worldwide to kill weeds and other unwanted plants. Workers on farms and golf courses, gardeners, groundskeepers, property owners and others who used the product regularly may have suffered potentially deadly exposure. Glyphosate is the active ingredient in Roundup that is linked to cancer. Even though Monsanto denied that its product causes cancer in people, the World Health Organization’s cancer research agency concluded in 2015 that glyphosate is probably a human carcinogen. Bayer bought Monsanto in 2018 and inherited the Roundup lawsuits. In its announcement, Bayer noted that its settlement with cancer sufferers does not mean that the company admits liability or wrongdoing. And, unfortunately, Roundup has not been removed from store shelves. Roundup $10 Billion Settlement Does Not Cover…