Author: user

The last thing you have time for in your busy life is an auto accident. A rideshare accident can feel even worse, as you may not know how rideshare companies can factor into the dynamics of a car crash. 

Getting into a rideshare accident can be more complicated than your typical auto accident. Regardless of your role in the accident, there are certain steps you should take to protect your rights. Learn how rideshare accidents differ from other vehicular accidents and what to do if you are involved in one.

How Are Rideshare Accidents Different From Regular Car Accidents?

One of the significant differences between rideshare accidents and ‘regular’ accidents is that the driver of the rideshare is engaged in commercial business while using their personal vehicle. Although rideshare drivers engage in commercial business, they typically do not have commercial auto insurance or a commercial driver’s license, as a taxi driver would have.

Rideshare companies like Uber and Lyft make statements to differentiate themselves from traditional vehicle transportation services. They maintain that the drivers are not employees and that their platform exists solely to match riders with drivers. 

However, Lyft and Uber do take some precautions to screen their drivers. They require:

• Records of previous traffic infractions, such as DUIs and speeding tickets
• Records of prior accidents
• Criminal background checks

Additionally, Uber sets minimum standards, including requiring that their drivers:

• Be 21 or older
• Have at least one year of U.S. driving experience
• Hold a valid U.S. driver’s license
• Drive an eligible vehicle with four doors
• Show proof of insurance and registration

Actions To Take if You’re Involved in a Rideshare Accident

Regardless of your role in the accident, and similar to other car crashes, it is a good idea to follow these basic guidelines:

• Call the police
• Get the contact details of the involved parties
• Document the accident
• Seek medical attention
• Track your medical bills and other expenses

Depending on your role, there may be additional steps you should take after a rideshare accident. These recommended actions can differ depending on whether you are the rideshare driver, the passenger, or the other vehicle’s driver.

As the Rideshare Driver

If the other driver was at fault, you would likely need to file insurance claims with their liability coverage company. This is often true even if you are in a no-fault car insurance state, such as Pennsylvania, New Jersey, and Massachusetts. This is because many car insurance policies will not cover you if you drive for a rideshare company.

If the at-fault driver’s insurance pays out an insufficient amount to fully cover your damages, including bodily injury and property damage, you will need to take additional actions. You can submit an uninsured/underinsured motorist (UM/UIM) coverage claim under your rideshare company’s insurance.

If you are at fault for the crash and seeking compensation for your damages, you should first file a claim with your insurance company. However, many insurance companies will deny your claim due to your commercial driving activity during the accident. As a rideshare driver, this can leave you vulnerable to accident damages while having limited avenues of recovery for those damages. 

As the Passenger

If you are a passenger in a rideshare when the vehicle crashes, you should report the accident to the rideshare company immediately. You should also call the police so that they can make an official report. Stay with your rideshare driver so that you can speak to the police about the accident and ensure they fairly evaluate the accident’s cause.

You should report the accident to the relevant insurance companies, including:

• The other driver’s insurance company
• Your insurance company
• The rideshare company’s insurance company

Contacting insurance companies quickly is best, as some may have post-accident notification deadlines.

As the Other Vehicle’s Driver

A rideshare vehicle accident can be especially stressful if you have never researched rideshare accidents and are unsure how a rideshare driver’s status impacts liability and insurance coverage. 

What you do next depends largely upon whether the rideshare driver was working, had passengers at the time, or was en route to pick up passengers. Different rideshare companies may have slightly different rules. However, they often have different insurance limits based on these situations.

The first thing you should do is to call the police to the accident scene. This will ensure they write up a report documenting the circumstances of your rideshare car accident.

No matter your role in a rideshare accident, protecting yourself and your rights is critical. This is particularly true if the accident caused severe damages, such as catastrophic injuries or death. 

Who Decides Who’s At Fault and How?

The local court will determine which party is the at-fault driver. Pennsylvania is a no-fault state, and its courts follow a modified comparative fault rule when both parties share blame for the crash. 

One of the parties may contest fault for the accident. If this happens, a rideshare accident lawyer can help protect your rights and ensure the responsible party is held liable for your property damage.

In this scenario, the jury will tally the total cost of the damages and allocate the percentage of fault to each party. If, for example, the damages are $1,000 and the jury determines the defendant is 80% responsible, the defendant will owe 80% of the damages, or $800. 

Does the Insurance Company or Rideshare Company Compensate for Losses?

The answer to this question could depend on the rideshare company involved in your accident. For example, Uber provides commercial coverage that activates when an Uber driver accepts your ride request and expires when they drop you off at your destination. The commercial Uber insurance policy limit is typically $1 million, which is sufficient to cover most accident damages.

See What Our Rideshare Accident Attorneys Can Do for You

A rideshare accident can be a scary experience, regardless of whether you were the passenger, the rideshare driver, or the other vehicle’s driver. Rideshare service companies are still relatively new businesses that are experiencing growing pains. And courts have only been dealing with rideshare accident lawsuits for the past several years.

If you are facing a rideshare accident lawsuit, having an experienced and knowledgeable car accident lawyer on your side can reduce stress and make the claims process easier. You want to work with an attorney who understands the intricacies of rideshare accidents and their legal implications.

Contact the rideshare accident lawyers at McEldrew Purtell today for your free consultation.

A wrongful conviction and imprisonment should never happen. Not only should you be exonerated for crimes you did not commit, but the state should compensate you for the injustice you endured. Wrongful incarceration compensation is one way the state can begin to make amends for its mistakes. A civil rights lawyer who understands wrongful incarceration can offer you invaluable legal services as you lodge your civil lawsuit against the state.

Compensation Laws Explained

There are three ways exonerees can receive compensation, depending on their state.

• State statutes can provide compensation for wrongful incarceration. The statutes vary between states but outline the qualifications for compensation. No-fault statutes mean the exoneree need not prove the state acted unlawfully to cause the wrongful conviction. They need only to demonstrate their innocence, as laid out by the statute. Most statutes require the crime to be a felony. Some statutes bar claimants who contributed to their conviction by pleading guilty. Other statutes have rarer requirements, such as a gubernatorial pardon or no prior felonies.
• Civil lawsuits can be filed to allege that state actors engaged in misconduct that violated the exoneree’s federal rights and resulted in wrongful incarceration. You can file these lawsuits in federal or state courts. Some court cases allege state torts, such as wrongful imprisonment, malicious prosecution, or attorney malpractice.
• A private bill is the rarest form of compensation. Sometimes state legislators pass laws that grant compensation to a specific individual. As more states adopt state compensation statutes, these private bills have become even less common.

Currently, 35 states and Washington D.C. pay compensation to exonerated individuals. However, Pennsylvania is not currently one of those states. House Bill 2794 would amend Titles 42 and 61 to compensate wrongfully convicted individuals. 

Wrongful incarceration compensation is a serious issue. Across the U.S., the courts exonerated 161 people in 2021. Each lost an average of 11.5 years in their time behind bars.

Additionally, the Protecting Americans from Tax Hikes Act of 2015 (PATH Act) has an exclusion laid out under section 139F of the Internal Revenue Code (IRC). This exclusion allows a wrongfully incarcerated person to exclude any restitution, civil damages, or other compensatory award related to their incarceration from their income. This is often referred to as the Wrongful Incarceration Exclusion.

How Much Are Victims of Wrongful Incarceration Compensated?

Different states offer different compensation amounts. Many states will pay a flat rate per year of incarceration.

Take the following states’ compensation rates based on their statutes, for example:

• Wisconsin: $5,000 to $25,000 per year
• Texas: $80,000 per year plus annual annuities
• Federal: $50,000 per year if the conviction involved no death sentence

Many state statutes follow the federal statute.

Under civil litigation, the range of compensation is significant. Courts awarded one of the largest verdicts to four men in 2007. They received $101.7 million. One of the largest single exoneree verdicts was $41 million in 2014. 

Calculating Compensation

One way to calculate compensation is to understand your statute’s compensation rates. For example, suppose the courts wrongfully incarcerated you under the federal statute with no mention of the death penalty, and you served 10 years of your life in prison. In that case, your due compensation is fairly straightforward to estimate. In your case, the federal statute awards $50,000 per year of wrongful incarceration. For 10 years of wrongful incarceration, you could expect to receive $500,000.

Calculating a civil damage award is more difficult, but you can start by considering previous cases where the court awarded compensation to exonerees. You can compare the details of these cases to your situation to get a rough idea of the compensation you may receive.

Payment of Compensation Awards

The payment of compensation depends partially on how the compensation was awarded. That is, whether the award was granted via statute, civil lawsuit, or private bill. Sometimes the payment can also depend on the state and its statute governing compensation for wrongful incarceration.

Is Monetary Compensation Immediately Paid Upon Exoneration?

In many cases, monetary compensation is not immediate. Some statutes require the exoneree to prove certain elements before they are granted compensation. They may be required to demonstrate their innocence by clear and convincing evidence or by a preponderance of the evidence.

In some states, no statute provides monetary compensation to wrongfully incarcerated people. In these states, including Pennsylvania, the most efficient manner of recovering damages is to file a civil lawsuit. Civil lawsuits do not offer immediate compensation. It could take months or even years to receive monetary compensation from a civil lawsuit, although the eventual compensation can dwarf the awards granted by state and federal statutes. 

What To Expect When Filing a Wrongful Incarceration Lawsuit

If you pursue a wrongful incarceration lawsuit, it is important to set reasonable expectations regarding the process. You should understand that an exoneration does not guarantee you will win your wrongful incarceration lawsuit; however, it improves your eligibility for compensation.

A wrongful incarceration lawsuit can be a time-consuming and complicated process. It can proceed over multiple years before you receive compensation. Many wrongful incarceration cases reach a settlement before they reach trial because of the length of time these cases can take to resolve.

Although the road to compensation may be challenging, innocent people who have been exonerated often have strong claims for compensation. A civil rights lawyer who excels at wrongful incarceration compensation claims can help guide you through the process and provide the legal services you need to recover your due compensation.

Our Wrongful Incarceration Attorneys Are Here to Help

At McEldrew Purtell, we believe innocent people who the courts wrongly incarcerated deserve significant compensation for the years they spent in prison. No amount of money is going to return those years to you. However, monetary compensation can help you get back on your feet and enable you to make the most of the rest of your life. 

If the justice system exonerated you or a loved one after a wrongful incarceration, you might be eligible to file a civil claim for monetary compensation. A wrongful incarceration attorney from McEldrew Purtell can help. We can advise you of the strength of your case, provide you with an estimated range of monetary compensation you may receive, and explain your legal options. We can answer your questions about the process and provide you with information on the outcomes of similar cases.

Contact McEldrew Purtell today to discuss your wrongful incarceration lawsuit.

A hate crime is a criminal act motivated by prejudice or bias against another person or group. It may involve almost any criminal offense if the criminal act is motivated by prejudice or discrimination. The perpetrator purposefully targets victims of hate crimes because of their race, ethnicity, gender, sexual orientation, or other characteristics the offender does not like.

At McEldrew Purtell, we understand the devastating effect a hate crime can have on a person. We want you to understand what hate crimes are and what you can do if you were the victim of one. You do not have to face all of this alone. We are here to help.

Hate Crimes Explained

A hate crime occurs when a criminal actor perpetrates an act against a person because of some prejudicial motivation. The name “hate crime” is fitting because the person dislikes or hates a particular group or characteristic. This may be hatred of a specific social group, racial demographic, or other class. The hate crime is motivated by this dislike or prejudice, but the act itself may be nearly any criminal act.

Victims of hate crimes usually belong to minority groups or a specific community. They are typically targeted because of some immutable characteristic they cannot change. Hate crimes in the US commonly occur because of hatred for the following characteristics:

• Ethnic background, national origin, or race
• Immigration status
• Gender or gender identity
• Sexual orientation
• First language
• Political views
• Religion or religious beliefs

Many more characteristics may make a person a victim of a hate crime. When this happens, victims have rights they can use to pursue justice. 

Types of Hate Crime Incidents

A hate crime can happen in countless ways. Nearly any criminal act motivated by hatred of a particular group could constitute a hate crime, depending on the circumstances. Common types of hate crime incidents include:

• Attacks at rallies or group gatherings
• Defacement or arson at churches, mosques, and temples
• Excessive force or brutality by police officers
• Shootings by other citizens or police shootings
• Domestic violence 
• Assault and battery
• Murder or attempted murder
• Medical malpractice motivated by prejudice

These examples show how dangerous it is to be the target of a hate crime. When motivated by hate, people can do terrible things. If you have been the victim of this type of crime, you have options to pursue compensation and to report the crime against you.

Hate Crime Legislation

Hate crime legislation exists at both the state and federal levels. In Pennsylvania, hate crimes are referred to as “ethnic intimidation” and are found in Title 18, Section 2710 of the Pennsylvania Code. A person commits the offense when, with malicious intention toward a person’s color, race, religion, or national origin, they commit certain crimes listed under the statute. It generally raises the level of the underlying offense by one degree when it is motivated by hate or prejudice. 

Several federal hate crime laws may apply to a specific offense. These include:

• The Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act of 2009
• Criminal Interference with Right to Fair Housing
• Damage to Religious Property, Church Arson Prevention Act
• The COVID-19 Hate Crimes Act
• The Khalid Jabara and Heather Heyer National Opposition to Hate, Assault, and Threats to Equality Act of 2021 
• Conspiracy Against Rights
• Violent Interference with Federally Protected Rights

Understanding the unique applicability of these laws can be difficult without a knowledgeable attorney. A Philadelphia hate crime attorney knows how to apply these complex laws to your unique situation.

Hate Crime Statistics

According to the U.S. Department of Justice, hate crimes in Pennsylvania are a prevalent problem. In 2020, 58.2% of crimes occurred against a person, 40.7% occurred against property, and the remaining 1.1% were generally against society.

These crimes were primarily motivated by hatred of race, ethnicity, and ancestry, with 75.6% driven by these reasons. Religion and sexual orientation were the following highest motivators, at 15.9% and 6.1%, respectively. 

How Often Are Hate Crime Offenses Committed?

Hate crimes happen every day. Many hate crimes go unreported because victims do not know how to report the crime or feel they cannot do anything about it. LGBT hate crimes, religious hate crimes, and violent attacks against other groups are common, possibly many times higher than ever reported.

Ethnic minority groups often face significant discrimination and hate crimes. They often feel law enforcement or the government will do nothing to provide assistance. A skilled hate crime attorney in Philadelphia knows how to help.

What is the Criminal Sentence for a Hate Crime?

The criminal sentence for a hate crime depends on the nature of the underlying offense. In Pennsylvania, the hate crime statute typically raises the offense level by one if the underlying offense was perpetrated with a malicious purpose toward a protected group. This means a hate crime typically has more severe criminal sentences than the underlying offense without prejudicial motivation.

Federal law is even more complicated, but hate crimes may result in criminal sentences such as:

• Long prison sentences
• High fines and restitution to the victim
• Community service and probation supervision
• Registration in certain databases

The specific sentence a person may face will depend on their charges. Speak with a hate crimes attorney to understand the specifics of your case.

How to Report a Hate Crime

If you were the victim of a hate crime, you need to report it. Follow these steps:

• Call 911 immediately after the hate crime and report it.
• If the hate crime occurred in the past, contact local law enforcement and file a report.
• Speak to a hate crime attorney in Philadelphia for help.

By taking these steps, you can help protect your rights. Our attorneys can help you report the crime and pursue all your legal rights as the victim of a hate crime.

Here When You Need Legal Representation

We are here for you when you need legal help. Perpetrators of hate crimes should be held responsible, and you deserve the ability to seek justice. The Philadelphia hate crime attorneys at McEldrew Purtell have the experience and skill to help you handle this situation and pursue the full extent of your rights.

Contact us today to learn more about your rights and what we can do for you. 

Throughout your life, you may encounter many types of civil rights violations and discrimination. Discrimination is based on outdated or irrational beliefs that hold no basis in truth. Unfortunately, discriminatory events are common — more so than some people may be comfortable admitting. By recognizing discrimination and what is a violation of civil rights, we can take positive steps toward a more just society and protect those most at risk of injustice.

What Role Do Civil Rights Play in Implementing Civil Rights Laws?

Understanding the difference between civil liberties, civil rights, and human rights violations can be confusing. So, what is a violation of civil rights?

A civil right is a right or privilege that is enforceable. If another party interferes with your civil rights, you can take your civil rights violations case to court. Civil rights are legal provisions that have their basis in the idea of equality. 

Civil rights are not enshrined in the U.S. Constitution’s Bill of Rights. Civil liberties are. A civil liberty is a freedom shielded from state infringement. The Bill of Rights lists several civil liberties, such as:

• The right to free speech, First Amendment
• Freedom of religion, First Amendment
• The right to assemble, First Amendment

The law may take civil liberties away. However, before it can revoke your liberties, you must receive your due process rights, according to the Fourteenth Amendment.

The main difference between civil liberties and civil rights is that civil liberties are constitutional rights that protect you from government action, while civil rights stem from legislation and are positive rights the government should protect to ensure equality. 

Some civil rights are also considered civil liberties, such as the freedom of religion. The First Amendment and various legislative actions, such as the Religious Freedom Restoration Act of 1993 and the Civil Rights Act of 1964, protect your freedom of religion.

The main difference between a civil right and a human right is that civil rights stem from your country’s legal granting of that right. In contrast, human rights arise from your innate humanity, and no one has the right to take your human rights away.

Violations of civil rights can lead to legal action. If you believe your civil rights have been violated, a civil rights attorney can help. Your lawyer can help you lodge a civil rights complaint with the federal government via the Civil Rights Division.

Most Common Civil Rights Violations

There are many types of civil rights violations. However, the most common types of discrimination revolve around race, gender identity, national origin, disability status, and religion.

Other types of discrimination include employment discrimination, age discrimination, and discrimination based on pregnancy or parental status, which may all be committed by employment agencies or employers.

In some cases, discrimination can, unfortunately, be legal — for example, if a person discriminates against a class of persons that is not legally protected, such as people with green eyes.

You may encounter discrimination in many parts of daily life, including:

• During traffic stops
• In the education system
• In the corporate workplace
• In employment interviews

If you believe you have been a victim of discrimination, you should speak with an experienced lawyer. An attorney who is well-versed in civil rights and understands the different types of civil rights violations and their environments may be best suited to help you.

1. Discrimination Against People Based on Race

Everyone deserves to live their life with freedom from discrimination. Unfortunately, like many other types of discrimination, racial discrimination occurs far too often. 

Racial discrimination occurs when someone mistreats a person because they are associated with or have characteristics associated with a specific race. These characteristics may include skin color, facial features, or hair texture. 

Someone who is the same color as the victim can still commit an act of racial discrimination. For example, an employer discriminates if they refuse to hire the best candidate due to skin tone, even if the employer has the same skin tone as the candidate.

2. Discrimination in Employment Based on Gender Identity 

Gender discrimination also occurs in employment environments. In 2020, the Supreme Court issued a landmark ruling, holding that the Civil Rights Act of 1964’s prohibition against sex discrimination includes an individual’s transgender status or sexual orientation.

Employers are not allowed to introduce gender discrimination into the workplace. As of 2020, discriminating against a person’s sexual orientation or transgender status is also prohibited.

3. Discrimination in Education Based on National Origin

National origin was one of the civil rights issues government officials enshrined in the Civil Rights Act of 1964. 

Discrimination against national origin applies to schools and higher education that receive financial assistance and funding from federal agencies such as the Department of Education. 

The caveat is that if the school does not receive federal funding, these protections will not apply to them. 

4. Discrimination Against People With Disabilities

The Americans with Disabilities Act (ADA) protects people with disabilities from discrimination in the workplace. It guarantees equal opportunities for people with disabilities in the following areas:

• Telecommunications
• State and local government services
• Public accommodation
• Transportation
• Employment

ADA Title I: Employment pertains to employer discrimination in work-related activities, such as pay, hiring, firing, promotions, and benefits.

ADA Title II: Public Services pertains to discrimination in state and local government activities, programs, and services.

5. Intentional Discrimination on the Basis of Religion

Section 12 of the U.S. Equal Employment Opportunity Commission (EEOC) protects people from discrimination based on their religion. It applies to the following:

• EEOC staff
• Lawyers
• Applicants
• Employees
• Employers

Patterns of discrimination may include the following:

• Treating applicants differently
• Taking adverse action based on the knowledge or suspicion of someone’s religious beliefs
• Intentionally classifying, segregating, or limiting employees based on religion
• Harassing employees based on their religious beliefs

Have Your Rights Been Violated? Talk With Us Today!

You are not alone if you have encountered these types of civil rights violations. We must fight against corporations and institutions that continue to perpetuate the outdated beliefs their discrimination is based on. Many organizations may be violating the law with their discriminatory actions.

Taking action against discrimination can feel like an uphill battle. Fortunately, you do not have to take on this battle alone. An experienced and savvy civil rights lawyer can help you with your claim. The legal team at McEldrew Purtell is ready to help you in the fight for justice and equality. Contact us today to discuss your case.

The laws of the United States grant fundamental freedoms and protections to all American citizens. These rights, known as civil rights, include equal protection under the law and due process. Civil rights have expanded over the years and are present at the local, state, and federal levels of government.

Despite their importance, many people have been victims of civil rights violations. A violation of your civil rights can occur from a fellow citizen, an employer, or a public official. Some examples of civil rights violations include discrimination against persons with disabilities, sexual harassment, and wrongful conviction.

You may have a legal claim if you have suffered a civil rights violation. However, understanding the statute of limitations on civil rights violations is crucial for the success of your case.

What Is a Statute of Limitations?

A statute of limitations places a time limit on when a party may initiate a lawsuit. Depending on the type of claim and jurisdiction, statutes of limitations have wide variance. Some causes of action have additional requirements, such as filing a claim with a government agency within a certain period before filing suit.

Failing to adhere to an applicable statute of limitations can lead to barred claims and victims being unable to receive remedies for their damages. For this reason, you should contact an attorney immediately if you want to pursue legal action. 

Understanding the Statute of Limitations Under Civil Rights Laws

The civil rights violation statute of limitations can be complicated to determine. Unlike some other types of claims, many factors can affect the time a plaintiff has to file a civil rights claim. These factors include the type of claim, the jurisdiction, and the requirements to take legal action. 

Type of Claim

The statute of limitations for your civil rights violation will depend on the type of claim you want to file. 

If a government official violates one of your constitutional rights, you can file a Section 1983 lawsuit. For example, you can bring a Section 1983 claim when a local police officer violates your Fourth Amendment rights by arresting you without probable cause. Although there is no specific statute of violations for these claims, courts must apply the one from the most analogous state law (generally three years). 

The federal government enacted the Civil Rights Act of 1991 to protect job applicants and employees from discrimination based on race, sexual orientation, religion, color, or national origin. If you have an eligible workplace discrimination claim, you have four years from the date of the violation to file a suit.

The statute of limitations for different civil rights claims can sometimes vary at the state level. For example, in Pennsylvania, you have:

• Two years to file a court claim if your complaint for workplace discrimination with the Pennsylvania Human Resources Commission (PHRC) is dismissed
• Two years to file a sexual assault claim if you were over 18 at the time of the incident or 12 years after turning 18 if you were under 18 at the time of the abuse
• Two years to file a lawsuit for wrongful conviction due to official misconduct

State Jurisdiction

The time you have to file a civil rights lawsuit depends on the applicable jurisdiction. Every state has laws encompassing civil rights claims, and the statute of limitations can vary significantly for the same violation. Some examples of different statutes of limitations for common civil rights violations include:

• Employment discrimination: One year in California versus 300 days in Illinois
• Sexual assault (for adults): Four years in Nebraska versus one year in Kentucky
• False imprisonment: Two years in Virginia versus one year in Arizona
• State jurisdiction remains relevant for some federal statute of limitations civil rights. As mentioned earlier, the statute of limitations for a Section 1983 claim will depend on the appropriate state law that governs the claim. For example, if you want to file a Section 1983 lawsuit against a Pennsylvania police officer for excessive force resulting in physical and emotional harm, the statute of limitations would be two years.

Requirements to Take Legal Action

Depending on the type of claim and the jurisdiction, you may have to fulfill requirements before filing your civil action. These requirements can impact the statute of limitations for your civil rights claim. 

Many states require employees with workplace discrimination claims to file a claim with a government employment agency before seeking redress in the courts. In Pennsylvania, workers can file discrimination claims with the PHRC or the federal Equal Employment Opportunity Commission (EEOC). Employees have 180 days from the violation to file their claim with the PHRC, while the filing deadline for the EEOC is generally 300 days. 

How Are Damages Calculated in Civil Rights Lawsuits?

If a court determines that you were the victim of a civil rights violation, you may be entitled to recover damages from the defendant. The types of damages available in a civil rights lawsuit include compensatory damages, punitive damages, and injunctive relief. 

Compensatory damages, also known as monetary damages, cover the actual economic losses from the violation. These damages can include compensation for:

• Medical expenses
• Lost wages
• Pain and suffering
• Attorney’s fees

In some cases, punitive damages can also be recovered by the victim. Punitive damages are additional compensatory damages that punish the defendant for committing the violation. These damages are recoverable where the wrongdoer acted with malice or reckless indifference to the plaintiff’s rights. 

Defendants in civil rights lawsuits often use immunities as a defense against the plaintiff’s claims. The most common immunity defense is qualified immunity. Qualified immunity is given to officials like police officers if they acted reasonably under the circumstances and did not violate the victim’s civil rights. 

Our Civil Rights Attorneys Have Your Best Interest

If you have been the victim of a civil rights violation, you must act quickly and consult a civil rights attorney to ensure your claim falls within the period of a civil rights statute of limitations. At McEldrew Purtell, our experienced civil rights lawyers can help you receive the compensation you deserve and restore your dignity. Contact us today for a free consultation to discuss your case.  

Hospital negligence is a scary thought. When you have a routine treatment or medical emergency, you should be able to trust that your hospital will treat you with the proper care. Unfortunately, negligence in hospitals happens more than it should. If you have suffered from hospital negligence, you have legal options.

What Exactly Is Hospital Negligence?

Hospitals owe their patients a duty of care. They are responsible for hiring skilled and experienced medical professionals to ensure their patients receive the proper care. This makes hospitals responsible for the actions of the doctors, nurses, and other medical professionals they employ. 

When you suffer harm due to a medical professional’s mistake, you may be able to hold the hospital partly or entirely responsible for medical malpractice.

Negligence in hospitals can be defined as negligence that occurs in a hospital due to an omission, error, or careless act of a hospital employee. Hospital negligence often occurs when medical professionals commit an error or act of negligence. Such professionals include:

• Doctors
• Nurses
• Pharmacists 
• Anesthesiologists
• Radiologists
• Chiropractors
• Psychiatrists
• Gynecologists
• Rheumatologists
• Physician assistants
• Hospital administration

Negligence occurs when the medical professional or hospital fails to fulfill their professional duties.

Examples of Hospital Negligence

There are many reasons for suing hospitals for negligence. Hospital negligence can result in the patient suffering from severe injuries and insurmountable medical expenses.

Examples of hospital negligence may include the following:

• Understaffed hospitals or medical departments like emergency rooms can result in patients receiving an inadequate standard of care.
• Overworked medical staff can accidentally make a medical error they usually would never make.
• Insufficient medical supplies and equipment can cause medical professionals to delay or deny treatment.
• Careless medical staff can make mistakes when filling out medical records or charts, resulting in incorrect readings of diagnostic tests or wrong medical treatment.
• Distracted medical professionals can administer the wrong medications or make other medication errors.

Why You Need a Lawyer to Sue a Hospital for Negligence

If you have been the victim of hospital negligence, you should strongly consider hiring a lawyer to help you file a personal injury claim. However, when you file a lawsuit against a large institution like a hospital, having competent and experienced legal counsel on your side is even more critical. Remember, hospitals tend to have in-house lawyers to fight lawsuits like yours.

There are many reasons why having a lawyer on your side can make a significant difference in hospital negligence cases. Here are four of the most important reasons.

They Know What’s Required to Prove Medical Negligence

Your hospital negligence lawyer knows what is required to prove medical negligence. Proving this claim comes with specific elements that your lawyer will use, like a checklist. They will understand which elements must be proven to win your claim or reach a successful settlement with the hospital. 

There are specific standards to which you must prove these elements; some are more rigorous than others. Your lawyer will have a deep understanding of these requirements and how to prove the necessary elements to your lawsuit for hospital negligence.

Sometimes the only proof that you can acquire is questionable. This means it may or may not stand up in court. This is less than ideal. In such situations, your lawyer may suggest reaching an out-of-court settlement with the hospital. Depending on their offer, offsetting the risk of going to court may be the most favorable option.

In these situations, your lawyer will carefully explain the situation and your options in a way that makes sense to you. They will offer their professional opinion, but you will ultimately decide how to proceed.

They’ll Speak With Insurance Companies

Your lawyer will act as the intermediary between you and the insurance companies. This has several benefits, including the following:

• You will avoid the stress of speaking directly to the insurance companies.
• You will not be bullied by insurance company representatives incentivized to pay you as little as possible. 
• Your lawyer will probably settle the issue more efficiently.
• You can focus on your recovery.

Each of these is an excellent reason to have your attorney handle the communication with the insurance companies.

They Know How To Negotiate Fair Compensation

Your lawyer will have seen similar cases to yours. They will know what their previous clients received in court orders and settlements. They may have even helped file claims against the same hospital. After carefully reviewing your case, they will understand the fair compensation range for your hospital negligence claim. 

Once they know what a fair compensation package would be, they will begin negotiations to get you an acceptable settlement. If the hospital offers lowball settlements or refuses to settle, they will take your claim to court and advocate fiercely for your rights.

They’ll Handle All of the Paperwork

Legal paperwork is not only tedious, but it can be particularly daunting. One mistake can sink a case or set it back months or years. When you hire a hospital negligence lawyer, they will ensure that all the paperwork is completed correctly and filed on time. This drastically reduces the chances of errors and missed deadlines. 

Hospital negligence claims have a statute of limitations attached. This means you only have a limited time to file your claim. Even if your deadline is looming, your attorney can help to file your lawsuit for hospital negligence before it becomes time-barred.

By taking the paperwork off your hands, you will have more time to focus on what matters — your family and your recovery.

Request a Consultation With a Medical Malpractice Lawyer

If you have been injured in a hospital negligence event, you have rights. You may be able to recover monetary damage awards to help you cover the cost of your losses. This can help you cover your medical expenses, lost wages, and future expenses. Additionally, you may be able to recover damages for your noneconomic losses, like pain and suffering or loss of enjoyment. 

Take action and request your free consultation with a medical malpractice lawyer who can help.

Doctors and other medical providers are human — they can be careless or make mistakes like the rest of us. But medical errors can have serious consequences. If you’re one of the many who have suffered due to medical misdiagnosis, then you may be entitled to compensation. Read on to find out the answers to the following questions and more: 

• Can you sue a doctor for a misdiagnosis?
• What do you need to prove in a misdiagnosis lawsuit?
• How do you find a lawyer for medical misdiagnosis?

Types of Diagnostic Errors

Unfortunately, Americans frequently experience diagnostic errors. When most people think about diagnostic errors, they think of a misdiagnosis — when a medical provider diagnoses someone with the wrong condition. But diagnostic errors come in different types, including:

• Misdiagnosis or wrong diagnosis. This is the most common type of diagnostic error. In these cases, the medical provider diagnoses the patient with one medical condition when the patient actually has something else.
• Missed diagnosis. This error occurs when a medical provider misses that a patient has a medical condition altogether. The provider makes no diagnosis at all, even though the provider should have known that the patient had a medical condition.
• Delayed diagnosis. This occurs if the provider takes too long to diagnose a condition. In these cases, the provider should have had enough information to make the diagnosis earlier. A delayed diagnosis is particularly significant if earlier treatment for a disease could have changed the patient’s outcome, such as a cancer diagnosis. 

How To Prove an Incorrect Diagnosis

To prove an incorrect diagnosis, you will need to do more than prove that a doctor or other medical provider committed a diagnostic error. First, you must establish that a provider-patient relationship existed between you and the provider. Next, you will need to prove that the provider was actually negligent in making the diagnostic error. Finally, you must prove that the diagnostic error caused some harm to you.

The Existence of a Provider-Patient Relationship

In most cases, the existence of a provider-patient relationship will be easy to prove. If you have an established relationship with the provider — the provider examined you before making the diagnosis or otherwise consented to treat you — then a provider-patient relationship existed. 

However, a provider-patient relationship does not always exist. The provider must have consented to treat you specifically. For example, if the provider was merely speaking to an audience to provide general medical education and not specific medical advice, then a provider-patient relationship does exist. However, a provider may be liable to third parties in limited circumstances, such as when the patient is pregnant.

The Provider’s Negligence in Upholding the Standard of Care

Not all diagnostic errors are a result of negligence. As long as the provider met the standard of care in the diagnostic process, then the provider cannot be held liable for making a diagnostic error. To meet the standard of care, the provider must have used the skill, knowledge, and procedures that the medical community in the area would ordinarily use. This means that a provider does not need to use cutting-edge or state-of-the-art methods to diagnose the patient, even if those methods would have resulted in the correct diagnosis.

However, if the provider did not meet the standard of care when making the diagnostic error, then the provider could be held liable. To establish that the provider failed to meet the standard of care, you need an expert witness who will testify what the standard was and that a medical provider following the standard of care would have made an accurate diagnosis. Often this involves one of the following:

• The provider failed to follow diagnostic guidelines established by professional medical associations. 
• The provider failed to follow another standard practice in examining you, ordering tests, or interpreting test results.
• A primary care physician or another provider should not have tried to diagnose you. Instead, they should have referred you to another type of clinical practice since your symptoms or condition were outside the scope of their specialty.

The Harm Directly Caused by the Misdiagnosis

Finally, you must show that the diagnostic error was the cause of an injury. It is not enough that your provider made some sort of medical error. Instead, the diagnostic error must have harmed you in some way. For example, if you were misdiagnosed with one upper respiratory virus but had a different kind and the treatment and outcome were the same for both viruses, then the misdiagnosis did not cause you any harm. 

In most cases, a diagnostic error caused significant harm. These may include one or more of the following:

• Increased risk of death. In these cases, sometimes referred to as “lost chances” cases, the diagnostic error increases your risk of death. For instance, in a delayed diagnosis case, earlier treatment may have resulted in a lower risk of death than later treatment.
• Quality of life impacted. In these cases, the diagnostic error negatively impacts your quality of life. In a failure-to-diagnose case, for example, you may experience ongoing symptoms that negatively affect your quality of life. Because your provider has failed to diagnose you, you may not receive appropriate treatment to resolve your symptoms. In a misdiagnosis case, the treatment for the wrong condition not only fails to resolve the condition, but it may have negative side effects that affect your quality of life.
• Permanent disability. In such cases, a diagnostic error is the cause of a patient’s permanent disability. This occurs in half of all serious harm diagnostic errors.

What If the Misdiagnosis Resulted from a Faulty Diagnostic Test?

The accuracy of diagnosis often depends on accurate diagnostic tests. If the diagnostic error occurred because of a faulty test, then several parties could be held liable. If the provider who performed the test, such as the pathologist, failed to meet the standard of care in performing the test, then that provider could be held liable. Other potentially liable parties include:

• Supervising providers. Some examples may be radiologists in the case of an MRI or a gastroenterologist in the case of a colonoscopy.
• The provider that ordered the test. The provider who ordered the test could be liable if that provider should have known that the test results were inaccurate. For example, if the test results do not make sense in light of the patient’s symptoms or other tests, then the provider might have had a reason to doubt the faulty test results.
• Technologists or technicians performing the test, such as a radiology technician working with x-rays or the medical technologist performing pathology tests.
• The manufacturer of the equipment.
• The maintenance personnel or company who was responsible for maintaining the equipment.

A Medical Malpractice Lawyer May Be Able To Help

If you’ve suffered an injury due to a medical diagnostic error, then contact an experienced medical malpractice attorney at McEldrew Purtell for help right away. 

An Overview of Dram Shop Law

Dram shop laws hold an owner liable for selling alcohol to a customer who then injured someone else. Examples of its application include injuries caused by drunk driving accidents or fights. Not every state has dram shop laws, but in most dram shop law states, the dram shop must have had a reasonable suspicion that the customer was intoxicated or a minor to be liable.

The Liable Party

Dram shops are usually places that sell alcohol, such as bars or restaurants. In Pennsylvania, the dram shop liability law applies to all holders of liquor licenses. This includes private events that hold liquor licenses as well.

A licensee who served alcohol to either a visibly intoxicated person or a minor who injures a third person can be held liable for the injured person’s damages. This is true even if the injuries occurred on private property other than the dram shop’s premises. 47 P.S. § 4-497.

In addition, the intoxicated person may also sue the dram shop for their own injuries. However, these cases are often not successful because of Pennsylvania’s comparative negligence statute, which does not permit recovery if the plaintiff was more negligent than the defendant. Essentially, the dram shop’s defense would be that the intoxicated person’s negligence was a greater cause of their own injuries than the dram shop’s negligence. A minor who was served alcohol may have a better case against the dram shop than an intoxicated adult. But, Pennsylvania courts have applied comparative negligence to cases brought by minors, as well. 

In addition to private lawsuits brought by third parties, the dram shop may face penalties from the Pennsylvania State Police and Bureau of Liquor Control Enforcement (BLCE). 47 P.S. § 4-493(1). The license holder may have to pay a fine or face suspension of its liquor license. 47 P.S. § 4-471(b).

What Evidence May Include

To establish liability under dram shop laws for your injuries, you must prove two things: (1) the licensee served alcohol to a visibly intoxicated person or a minor, and (2) serving alcohol to the intoxicated person or the minor is the proximate cause of your damages. 

Evidence of Serving Alcohol 

Evidence that a licensee served a minor is relatively simple. Once the minor’s age is established, the only required evidence is proving that the licensee served the minor alcohol. This evidence could include receipts, surveillance or other video evidence, or witness testimony. Most commonly, witness testimony is used.

Evidence that the licensee served a visibly intoxicated person can be more difficult. The person’s intoxication must have been visible. Some signs that the person was intoxicated may include slurred speech, loud talking, stumbling, consuming a large number of drinks, or drinking quickly, among others. 

Evidence of visible intoxication may include social media posts, video evidence, witness testimony, or receipts showing the number of drinks sold to the customer. Breathalyzer, blood alcohol, or field sobriety test results along with expert testimony may be used but only if there is other evidence. Because some people are capable of having a high blood alcohol content without visible signs of intoxication, courts have held that these test results are not admissible without some other proof of the customer’s visible intoxication.

The Cause of the Injuries

Liability under dram shop laws requires more than only proving that the dram shop served a minor or a visibly intoxicated person. You must also prove that serving the alcohol was the cause of the injured person’s damages. This may be easy to do if the customer was driving while intoxicated and got into an accident, causing the injuries. But it may be more difficult in other circumstances.

Damages That the Intoxicated Person May Have Caused

In dram shop law cases, the damages frequently result from a physical injury caused by a car accident or a bar fight. In a successful dram shop law case, you will be awarded your actual damages, which may include some or all of the following;

• Medical expenses. Medical expenses include things like hospital bills, therapy fees, prescription costs, and other medical bills. These can be expenses you have already incurred as well as medical expenses you will have in the future due to your injuries.
• Lost wages or lost future earnings. These may include any wages you have lost because you missed work due to your injuries. Lost future earnings may be awarded if you will only be able to perform lower-paying jobs in the future because of your injuries.
• Property damage. If your property was damaged, then you may be entitled to replacement or repair costs.

In addition to actual damages, you may also be entitled to pain and suffering.

Dram Shop Law Statute of Limitations

The statute of limitations in Pennsylvania is two years. Because this is a relatively short statute of limitations, you should not delay in seeking legal counsel if you have been injured by an intoxicated person.

An Explanation of Social Host Liability

Liability for serving minors in Pennsylvania is not limited to liquor license holders. Even social hosts — someone who does not operate a business or other establishment — may be held liable for damages caused by serving alcohol to a minor. In these cases, you must prove that the social host intended to give a minor alcohol and actually gave the minor alcohol, usually by doing one of the following:

• Planning to serve the minor alcohol
• Serving the minor alcohol 
• Supplying or purchasing alcohol for a minor

Unlike dram shops, a social host cannot be held liable for serving alcohol to a visibly intoxicated person. Further, minor social hosts are not liable for serving alcohol to other minors.

Speak to a Lawyer About Potential Legal Remedies

If you have been injured by an intoxicated person or a minor who was served alcohol, you may be entitled to compensation from the dram shop or person who provided the alcohol. You don’t have a lot of time to file a claim. So you should contact the attorneys at McEldrew Purtell who specialize in dram shop laws right away.

A class action lawsuit is a special kind of lawsuit. Instead of one or a few people suing a defendant, a class action lawsuit involves a large group of people joining together to file suit. By filing a class action instead of a personal lawsuit, people are able to share the costs of a lawsuit. But, they may give up some of the benefits of individual lawsuits. 

Before deciding what type of lawsuit would best fit your claims, you should consider the key differences between the two types. Also, you need to compare the benefits and drawbacks of each.

Class Action vs. Individual Lawsuit: Key Differences

To understand the key differences between a class action lawsuit versus an individual lawsuit, the best place to start is to ask what is a class action lawsuit? A class action is a way for numerous individuals to band together to sue one or a few defendants.

Whether you file your class action in federal or state court, however, special rules apply to class action lawsuits that do not apply to individual suits. Individual members of the class action lawsuit do not have the same decision-making power as plaintiffs in an individual suit.

Individual Plaintiff or Class of Plaintiffs

An individual who files suit against a defendant is called a plaintiff. In an individual lawsuit, there are usually only one or a few plaintiffs. 

In a class action lawsuit, however, there are a large number of plaintiffs, called the class. The class includes the initial group of plaintiffs who began the litigation, of whom only a few are actually named in the lawsuit. These are usually called the named plaintiffs or class representatives, as well as anyone else who is similarly situated. Similarly situated means people who have suffered a similar injury caused by the same defendants as the original group of plaintiffs.

Litigation Process and Rules

Whether you file suit in federal or state court, a class action is governed by special procedural rules in addition to or sometimes instead of the rules that apply to individual lawsuits. Many of the rules involve a court-approval requirement, beginning with determining if you meet the criteria for class action lawsuits, a process called class certification. 

Other rules may include court appointment of the class’ legal counsel, notice requirements to potential or other class members, opt-out or opt-in rights for potential class members, and court approval for settlements, among others. 

1. Class Certification. The biggest hurdle in filing a class action begins with a motion for class certification. For a class to be certified in federal court, for example, the court must decide there are so many potential members of the class that joining them all as named plaintiffs in individual suits would be very difficult. 

The court must also determine that class representatives will be able to represent the interests of the entire class. If a court agrees that the class has met these criteria, plus a few more, then the court will certify the class. No such requirement exists in an individual lawsuit.

2. Court Appointment of Legal Counsel. In an individual suit, the plaintiffs have the power to choose their own attorneys without consulting the court. 

In a class action, however, the court appoints the legal counsel that represents the class.

3. Notice Requirements. From notifying potential class members of the class that a class action has been filed and giving them opt-in or opt-out rights to notifying class members of a settlement, notice requirements in a class action can be challenging. 

These notice requirements are different from the typical notice requirements in an individual lawsuit.

4. Court Approval of Settlements. In most individual lawsuits, courts do not need to approve settlements reached between the plaintiff and defendant. 

Instead, in many cases, the plaintiff typically just needs to dismiss the suit against the defendant and the court is not informed of the settlement terms. However, a court must approve the terms of a class action settlement.

Decision-Making Power of Plaintiffs

In individual litigation, the plaintiff makes all the decisions about the litigation, from whether to hire an expert witness and who to hire to whether to accept a settlement offer. 

In a class action, most class members do not get any decision-making power other than deciding whether to opt in or out of the class. Instead, the class representatives make most of the decisions. 

But, the court-approval requirement for class action settlements helps to protect the interests of the entire class.

Pros and Pitfalls

When deciding between a class action lawsuit versus individual lawsuit, consider the benefits and drawbacks of each. Deciding whether class action litigation is best for your case depends on a number of factors.

Individual Claims

Filing an individual lawsuit is the simplest route. Individual litigation with a single plaintiff involves no special procedural hurdles, no need to find a specialized class-action attorney, and no sharing decisions or splitting the settlement or judgment. It also usually has a quicker turnaround from filing to resolution.

However, filing a lawsuit can cost a lot of money. Costs can rack up with filing fees, attorneys’ fees, and expert witnesses fees. If the amount you could recover in damages for the injury you suffered is not very much, it might not make sense to file a separate lawsuit. 

You could end up spending more in litigation costs than any judgment or settlement you receive, especially if you need an expert witness to prove your claims. 

Class Claims

With a class action lawsuit, you can pool your claims and anticipate a larger judgment or settlement amount. From that total amount, you will have more resources to pay filing fees, retain the most appropriate attorneys for your claim, and hire the right expert witnesses. This makes success much more likely than filing separate lawsuits. And this is especially true if you need specialized expert witnesses.

On the other hand, you will have to divide your award between a large group of people and you lose some of your decision-making power. Because of the procedural hurdles in a class action, the turnaround time from filing to either judgment or settlement may be much longer for a class action lawsuit vs an individual lawsuit.  

Reach Out to a Class Action Attorney Today

An experienced class action attorney can help you decide whether a class action is right for you. Contact a specialized class action attorney at McEldrew Purtell to find out more.

Upcoding is becoming more common in hospitals, healthcare, and Medicare fraud. Unless you work in healthcare, the concept of upcoding may be new to you. Learn what upcoding is, what it looks like, why it is illegal, and what to do if you have been affected by medical upcoding. 

Upcoding: Medicare Fraud and Abuse Is on the Rise

Medicare fraud and abuse via upcoding have increased dramatically over the past several decades. In 2015, Medicare fraud was responsible for up to $60 billion in overpaid claims. Many hospitals are billing Medicare for more complex treatments, even though the data indicates their patients are less sick today than in past decades. 

The Office of the Inspector General (OIG) for the Department of Health and Human Services (HHS) is the government watchdog agency responsible for the HSS’s roughly $2.4 trillion program portfolio. The OIG found that the severity of hospital stays that involve Medicare is increasing while Medicare’s low severity stays are decreasing. On the face of it, this data gives the appearance that either U.S. hospital patients are becoming sicker or hospital coding teams are attempting to optimize reimbursements. 

The OIG investigated the patients’ length of stay, which should increase if patients are becoming sicker. However, the medical records showed that patient stays decreased, even for the most complicated issues. The OIG determined that Medicare paid hospitals nearly $5 billion more for short stay claims between 2014 and 2019 than had the claims been billed at the next lower severity code. Some hospitals claim they have undercoded for years, while watchdog agencies claim that upcoding abuse costs significant taxpayer dollars.

What Is Upcoding and Why Is It Illegal?

What is upcoding in healthcare?

When a sick person visits a hospital, medical coders assign a billing code to the patient’s necessary medical procedures or treatments. Many procedures and treatments have different levels of severity. For example, it costs a medical facility more to treat a severe lung infection, like emphysema, than it costs them to treat common pneumonia in an otherwise healthy patient. 

The hospital should use the appropriate code to charge for the appropriate severity of the patient’s illness. However, some hospitals have begun purposefully using the diagnosis codes for more severe illnesses than the patients actually have. This habit is called upcoding. 

So, what is upcoding, and why is it illegal?

Upcoding is the habit of knowingly assigning an incorrect billing code to a medical charge to increase the monetary reimbursement rate from the patient, Medicare, or a private insurance provider. The entity responsible for reimbursing the medical provider is charged for a more serious and expensive procedure than was performed. 

Upcoding can sometimes also occur via unbundling or fragmentation. Medicare often has a lower reimbursement rate for procedures commonly performed or bundled together in a diagnosis-related group. An example of a bundle could be incisions, stitches, and pain medication. Unbundling causes the cost of each procedure to rise artificially.

Upcoding is illegal because the hospitals are falsely telling Medicare that they delivered more expensive medical services and treatments than they did. This causes Medicare to over-reimburse the hospitals for these false treatments. The result is potentially billions of taxpayer money being falsely diverted to these fraudulent healthcare providers. 

Upcoding is a violation of what law?

Upcoding is an illegal practice. Unethical healthcare providers who engage in upcoding violate the federal False Claims Act (FCA). This can result in federal fraud charges for overcharging a product or falsely inflating its price. These federal charges can result in severe penalties, including expenses, damages, civil monetary penalties, and even criminal penalties.

Submitting Billing Codes That Seek Higher Reimbursement

Common types of upcoding include submitting billing codes that seek higher reimbursement than what the patient needed. This may be the most common form of upcoding, like submitting a code for a complex and higher-paying procedure when only a simple procedure was necessary and performed.

Submitting medical codes that seek higher reimbursement is wrong because the procedure did not cost more. The provider is falsely increasing the patients’ medical bills to increase profits.

Submitting a Procedure Code for More Visit Time

Sometimes, a doctor may provide a simple treatment or procedure and use the wrong code. If the code they use indicates that they provided a more complicated and expensive service, it likely qualifies as upcoding, a type of fraud. This upcoding error should be apparent on your medical records.

Submitting a procedure code for more visit time is unethical because the healthcare provider is claiming additional money for services they did not provide. Additionally, Medicare may unnecessarily waste U.S. taxpayer money on healthcare providers who did not perform the services they claim to have performed. This diverts tax money away from other urgent uses.

Showing Additional Services That Are False Claims

Healthcare providers sometimes add on additional services that never existed. These are not upcoding substitutions. Instead, they add additional services to your electronic health record that must be reimbursed. These services were never provided, even in a less complicated manner. 

This practice is blatantly charging additional money for services that were never even provided. This upcoding practice qualifies as a type of fraud committed by healthcare providers.

Charging for Inpatient Stays at a Higher Severity

Different levels can be charged when a patient needs to stay overnight as an inpatient. These levels coincide with the severity of the patient’s medical problem. Sometimes hospitals charge inpatients for stays at a higher severity than the patient exhibited. 

This type of upcoding is unethical and results in more expensive services being charged to Medicaid, the patient, or a private insurer. Any time these medical services are upcoded to a false but higher rate, they may be guilty of committing federal fraud. These actions should be taken very seriously and met with legal action.

Challenge Medicare Fraud By Healthcare Providers

If you have been the victim of Medicare fraud by your healthcare provider, you can find relief. Medicare fraud is not a victimless crime. An experienced Medicare lawyer at McEldrew Purtell can help answer your questions and explain your legal rights. Contact us today to arrange a free consultation.