How To Go About Reporting Medication Errors

Patients put their trust and lives in the hands of medical professionals with the expectation that they will receive the best possible care. Unfortunately, even experienced members of the medical field can make medication errors to the detriment of patient safety and health. A mistake in a patient’s medication can cause inappropriate harm, and reporting medication errors is the right of every patient who experiences such a trauma. 

Each year in the United States, between 7,000 and 9,000 people die due to a medication error, and hundreds of thousands more sustain serious injuries and disabilities. If you or a loved one has experienced physical or emotional suffering because of a medication error, making a report can help prevent future errors for yourself and other patients. 

What Are Medication Errors? 

The term “medication error” refers to a preventable event that results in a patient using inappropriate medication. These mistakes can occur due to the actions of many different medical professionals, such as pharmacists, physicians, and hospital nurses. 

Medication errors happen at every stage of the process of providing medication to consumers, such as: 

  • Prescribing
  • Ordering 
  • Labeling 
  • Dispensing 
  • Administering 
  • Monitoring

Using the wrong medication can have severe and long-term effects, such as the development of a new condition, allergic reactions, birth defects, and death. 

Common Medication Errors

While most medical professionals are dedicated to providing excellent quality of care, mistakes still occur. Some of the most common types of medication errors include: 

  • Dosing: While medications can be life-saving, many can also be incredibly dangerous or deadly when taken at the wrong dosage. Doctors, nurses, and pharmacists can make errors in the amount of medicine and administration methods, such as intravenous and oral. 
  • Medication choice: Doctors sometimes mistakenly prescribe an inappropriate medication for a patient. In other situations, a pharmacist may accidentally dispense one drug rather than the one prescribed. 
  • Drug interactions: Some medications are unsafe for patients currently taking other drugs. If a doctor or pharmacist fails to identify interactions between medications, the results can be disastrous. 
  • Timing: Most medications can only be taken on a specific schedule and at a set frequency. If a nurse or doctor gives the drug too frequently, patients can suffer serious side effects or death. 
  • Patient identification: Medical professionals who are distracted or careless can mix up patient treatments and administer a medication intended for someone else. 

These kinds of common medication errors occur more frequently than you might think. According to the Academy of Managed Care Pharmacy, medication errors harm around 1.5 million people yearly. 

How To Report a Medication Error

Once you have received proper medical treatment for your reaction to the medical treatment, you can begin the process of reporting the error.  This allows the proper authorities to conduct a thorough analysis of the event and makes it possible for you to pursue compensation for your undue suffering. 

Document Any Injury or Harm Suffered Due to Medical Error

The validity of your report will rest on the evidence you have documented about the injury or major harm caused by the error. If you were given the incorrect medication or dosage, don’t throw it away. Keep the bottle and the drug in a safe place, along with any labels or documentation that you received. 

If there are physical signs of your body’s response to the medication, such as bruising or a rash, take clear photographs of them. A detailed log of your symptoms is also a useful tool. Keep track of your temperature, how you’re feeling, limitations on your activities, and any changes in your reaction each day until you fully recover. 

Contact a Medication Errors Lawyer

When a medical professional’s mistake or negligence causes physical harm, contact experienced medication errors lawyers for help. These attorneys can offer guidance on moving forward and help you determine whether you are eligible to file a medical malpractice claim. 

A knowledgeable lawyer can help you obtain the compensation you deserve and assist you when you report an error. In most cases, medication errors are reported to organizations like the Institute of Safe Medication Practices and the Food and Drug Administration. They carefully review each reported case and work to reduce the risk of errors to patients. 

Request Your Medical Records From Your Health Care Providers

While your private documentation serves as important evidence, your medical records are official documents with critical insights into how the error occurred and how it affected you. Request your complete records from your medical provider as soon as possible. This helps prove that medication was prescribed to you and that it caused you harm. 

Expected Outcome and Compensation

The amount of compensation you will receive for a medication error depends on the specific circumstances of your case and the extent of your injuries. You may be eligible for damages like: 

  • Medical expenses: The cost of hospitalizations, office visits, and physical therapy associated with the error may all be recoverable expenses. 
  • Lost wages: If you were unable to work because of the damage caused by a medication injury, you may be able to receive compensation for any lost or reduced wages. 
  • Pain and suffering: If you experienced physical effects, such as chronic pain, discomfort, or disfigurement, they may be included in your medication error claim. 
  • Mental anguish: In addition to physical harm, a medication error can cause lasting mental effects, such as depression and anxiety.

The financial burdens you experience due to your medication error can be offset by filing a successful medication error claim. 

Work With an Experienced Attorney

Although medication errors are a growing problem in the United States, many people never report them. Common barriers to reporting include the belief that it won’t make a difference and a lack of understanding of the process. 

When you work with an experienced attorney, you can rest assured that your report will not only prevent further patient harm but will also help you obtain the financial compensation you deserve. Reach out to the team at McEldrew Purtell for a free consultation. 

The Role Toxic Torts Play in Product Liability

Thanks to advancements in manufacturing, medicine, and technology sectors, consumers today have access to a wide variety of products in their daily lives. Unfortunately, some of these products are unsafe and may even cause severe illnesses. Other times, dangerous chemicals or substances leak into the air or groundwater to cause serious harm. 

If you or a close loved one suffers a toxic injury caused by a dangerous chemical or drug, you can file a toxic tort lawsuit against the liable parties. Keep reading as this article discusses how toxic torts influence product liability litigation. 

What Are Toxic Torts?

A toxic tort is a social wrong in which a person is harmed or injured after exposure to a toxic substance, such as a chemical, pesticide, or pharmaceutical drug. Exposure to dangerous substances can happen anywhere, including at home, at work, or in one’s general environment.

The wrongdoers in toxic tort cases usually have been careless or negligent and avoided accountability. For example, a product manufacturer with toxic chemicals may have failed to warn users of the dangers of using their product. In this scenario, you can sue the chemical company for negligence if the product harms you. 

What a plaintiff must prove to receive damages in a toxic tort action usually differs depending on the level of exposure, the state they are in, and the legal theories involved. But in general, they should prove the following to sustain a case:

  • The chemical or substance involved was harmful
  • They were exposed to the harmful chemicals
  • The chemical exposure caused their injury or harm 

Because toxic torts from pharmaceutical drugs or environmental products often affect thousands of people, they are often subject to class actions called mass tort cases. Even individual actions involving toxic substances in the workplace can involve multiple plaintiffs. 

Examples of Toxic Torts

Some common examples of toxic torts that cause serious harm to people include the following:

Lead Poisoning

Lead is a naturally occurring, highly toxic metal that has largely been used in paint, batteries, ammunition, gasoline, and plumbing materials like pipes. The use of lead in residential housing was banned by the federal government in 1978, but you can still find lead today in food, air, water, and soil. 

You can be exposed to lead in various ways, including:

  • Eating food from lead-soldered or lead-glazed containers
  • Ingesting lead-contaminated water or dust
  • Inhaling lead particles produced by burning materials containing lead (i.e., during recycling or smelting)
  • Working in an environment that contains lead

While lead is harmful to people of all ages, it’s especially risky to young children as their bodies tend to absorb more lead. Their brains and nervous systems are also more sensitive to the effects of lead. 

Some of the effects of lead on children include:

  • Brain damage
  • Slowed growth
  • Learning and behavioral problems
  • Headaches
  • Hearing impairment

For adults, lead poisoning can cause:

  • High blood pressure
  • Damage to the reproductive system
  • Memory problems
  • Nerve disorders
  • Muscle and joint pain
  • Difficulties during pregnancy
  • Anemia

Asbestos

Before the risks associated with asbestos became known, this naturally occurring mineral was used in many construction projects. Unfortunately, people exposed to this substance develop serious health problems like mesothelioma, a lethal and rare cancer that invades the lungs and other organs. 

While the use of asbestos in construction projects has been banned today, it is still used to manufacture many everyday products. For example, some talc-based products such as cosmetics, makeup, and baby powder have been found to contain traces of asbestos, posing severe health risks to their users. In August 2022, Johnson & Johnson announced it would stop selling its talc baby powder products as of 2023 after multiple users filed lawsuits linking it to asbestos and cancer diagnoses. 

Apart from mesothelioma, other issues that you may experience after asbestos exposure include:

  • Persistent, long-term cough
  • Pain or tightness in the chest
  • Swallowing problems
  • Lack of appetite and weight loss
  • Clubbing (widening of the toes and fingertips)
  • Asbestosis (breathing and lung scarring complications)

One major problem with asbestos-caused illnesses is that they can take longer to manifest. For example, mesothelioma cannot be easily detected in its early stages, so most patients are diagnosed when it’s in the advanced stages. By then, it may not be possible to remove cancer. 

If you are exposed to asbestos and have reasons to believe you are at risk, you have the right to explore toxic torts litigation. However, establishing causality between chemical exposure and your injury can be difficult, so seek legal advice from a toxic torts lawyer before filing your claim.  

Dangerous Pharmaceutical Drugs

You turn to pharmaceutical drugs to relieve your symptoms and improve your health when unwell. Unfortunately, some drugs that are supposed to aid in your healing have the opposite effect. 

Some drug manufacturers rush their products to market, so they can begin to make profits. Regulatory agencies like the Food and Drug Administration (FDA) typically rely on the research the drug manufacturer provides to approve their drug. If this research is faulty, a dangerous drug may end up on the market. 

Sometimes, drugs have manufacturing defects or flaws. For example, a drug may contain side effects that customers are not properly informed of because the manufacturer did not conduct adequate research before releasing the drug to the market.

How Do Torts Affect Your Product Liability Case?

Tort law is based on fault-based principles, meaning if one party’s negligence led to another person’s injury or damage, they could be held liable for said harm. Negligence occurs when someone fails to act with reasonable care towards others, such as failing to warn consumers about potential risks associated with using their products. In essence, torts form the basis of establishing who is at fault and, therefore, legally responsible for any injuries caused by defective products.

When filing a product liability lawsuit against a manufacturer or seller, plaintiffs must demonstrate that there was some degree of fault on behalf of these companies, whether through negligence (failure to warn), strict liability (liability without proof of negligence), or breach of warranty (not meeting stated promises or guarantees).

Do You Need Help With Your Claim?

Suppose you suffer from injuries caused by exposure to, ingestion, or inhaling toxic substances. In that case, you may be entitled to compensation for lifelong health care, medical bills, loss of income, pain, suffering, and other losses. You can also file a wrongful death claim if a loved one has died from the dangerous substances. 

Determining who to file the claim against can be tricky, and multiple defendants may be involved. You will also need substantial evidence to prove your claims. For these reasons, reach out to our experienced toxic torts attorneys at McEldrew Purtell. We will walk you through your available legal options and help you determine the evidence to build a strong claim. 

Contact us at (215) 545-8800 for a free initial consultation. 

Dog Bite Laws in Pennslyvania

Dog bite injuries are more common than you may realize. The number of dog bite cases is rising nationwide, with Pennsylvania experiencing one of the biggest increases. Pennsylvania has dog bite laws to compensate victims of dog bites in many circumstances. If you have been bitten by a dog in Pennsylvania, you may be entitled to compensation for your injuries. 

An Overview of Pennsylvania Dog Bite Laws

Pennsylvania law on dog bites creates limited strict liability for dog bites. That means that a dog owner must pay the victim’s medical expenses, regardless of the circumstances surrounding the bite. 

In addition, Pennsylvania law requires the dog to go into quarantine at an animal control authority following a dog bite. Once a dog has bitten someone or another animal, Pennsylvania law may classify the dog as a dangerous dog, imposing significant duties on the dog owner. 

Pennsylvania “Dangerous Dog” Statute

Pennsylvania law classifies some dogs as ” dangerous dogs,” and owners of these dogs have greater responsibilities than other dog owners. Dogs are considered a dangerous animal on an individual basis, considering the dog’s history. The classification is not based on breed. 

To be classified as a dangerous dog, the dog must have either a history or propensity — which can be proven with just a single incident — of attacking humans or domestic animals without being provoked. In addition, the dog must have done one of the following:

  • Severely injured a person without being provoked. A severe injury involves broken bones or a laceration that requires stitches or cosmetic surgery. The injury may have occurred on public or private property.
  • Killed or severely injured a domestic animal, dog, or cat without being provoked, but only if done somewhere other than the dog owner’s property.
  • Attacked a person without being provoked.
  • Been used to commit a crime.

Some types of dogs never qualify as dangerous dogs, including police dogs, assistance dogs for individuals with a disability, and farm dogs that did not leave the farm to attack. 

In addition, if the dog was provoked or attacked, or if the victim was willfully trespassing or committing some other act that could have subjected the victim to civil liability, the dangerous dog provisions do not apply.

The Duties of an Owner With Dangerous Dogs

Owning a dangerous dog comes with many legal duties that are above and beyond those for other types of dogs. These include the following:

  • Special registration. Dangerous dogs must be registered with the Bureau of Dog Law Enforcement annually, which requires the payment of an annual registration fee of $500. The dangerous dog registry is listed by county.
  • Proper enclosure.  Dangerous dogs must have a proper enclosure if the dog is kept outdoors. The enclosure may be a pen or a structure, but it must both keep the dog from escaping as well as prevent kids or domestic animals from getting in. Among other requirements, the enclosure must have a top and protect the dog from the elements.
  • Protective measures outside the enclosure. When the dog is outside its enclosure, a responsible person must be in control of the dog, and the dog must wear a muzzle and be on a secure leash or chain.
  • Warning signs and tags. A warning sign of a dangerous dog’s presence must be clearly visible, and a sign must also warn children. Dangerous dogs must also wear special tags designating them as dangerous dogs.
  • Spay or neuter. Dangerous dogs must be spayed or neutered.
  • Microchip. You must have your dangerous dog microchipped.
  • Insurance. Dangerous dog owners must obtain a $50,000 surety bond or insurance policy that meets certain requirements. 
  • Notification. If a dangerous dog gets loose, attacks an animal or person, dies, or is sold or given away, the owner must notify the Bureau of Dog Law Enforcement, the State Dog Warden, and the local police department within 24 hours. If the dog is sold or given away, the Bureau of Dog Law Enforcement and the State Dog Warden need the new owner’s name and contact information, including the address where the dog will live. 

If the owner of a dangerous dog does not meet these duties, the dog could be confiscated or the owner could be convicted of a misdemeanor. 

Liability of Owner

Because there are differences in dog bite laws by state, whether a dog owner is liable for a dog bite injury depends on the law where the injury occurred. In some states, the circumstances of the dog bite matter for liability. In others, like Pennsylvania, circumstances usually don’t matter.

Pennsylvania has strict liability laws. That means that if a dog bites someone and causes a physical injury, the dog bite laws in Pennsylvania require the dog owner to pay the medical expenses of the injured person, regardless of whether the owner knew the dog had a propensity to bite. 

However, the dog owner is not liable for any other expense or form of damages, like pain and suffering. And if the evidence shows the dog bite victim was more at fault than the owner for the dog bite, such as by committing criminal trespass on private property, the victim may not receive any compensation.

Some states only make an owner liable if the dog had a propensity to bite. Other state dog bite laws only make an owner liable for injuries caused by a dog bite if the owner was negligent. 

Propensities Based

In propensities-based states, if a dog owner knew or should have known that the dog had a propensity to bite, the dog owner is liable for damages caused by the dog’s bite. This is sometimes called the “one-bite rule” because the dog owner often will not be liable for damages caused by the dog’s first bite but almost always will be liable for a subsequent offense. 

However, this name can be misleading, because there are other ways besides a previous bite that can put an owner on notice that the dog may have a propensity to be dangerous. For example, a court may find that a dog’s growling and snapping at people or aggressively chasing people should have made the dog owner aware that the dog had a propensity to be dangerous to others.

Negligence Based

Fewer states take a negligence approach. In these states, the victim of a dog bite must prove that the dog owner failed to exercise reasonable care in preventing the dog from hurting the victim. The standard for exercising reasonable care often depends on the dog’s history. 

For example, a dog owner may need to take more significant steps to keep a dog from getting loose if the dog has a history of aggressive behavior.

Are You Seeking Compensation for Your Dog Bite Injury?

If you have been injured by a dog bite, it’s in your best interest to contact an attorney who specializes in getting compensation for victims of dog bites. Contact a lawyer at McEldrew Purtell today to learn what they can do for your dog bite case.

Why Should You Hire a Police Brutality Attorney?

You may think police brutality will never affect you or a loved one. But when it does, a police brutality attorney can help. Understanding the difference between law enforcement standard operating procedures and police brutality is essential. When police violate a constitutional right, it is time to take action. Here are seven reasons to hire a police brutality lawyer.

7 Common Reasons People Hire Police Brutality Attorneys

As an American, you have seen countless news reports of police brutality occurring across the nation. Stories of police violating civil rights are abundant. Police brutality can and does happen. Since 2015, there have been nearly 8,000 fatal police shootings across the U.S., over 1,000 of them in the last 12 months. 

Police shooting suspects prematurely is not a new issue. As such, dealing with law enforcement can be intimidating and sometimes frightening, even if you have done nothing wrong. A police misconduct attorney can help you enforce your rights after an unlawful arrest.

If you find yourself in a confrontation with police, for your well-being, it is advisable to comply with all law enforcement officer requests promptly and without argument. Police brutality extends beyond police shootings to additional civil rights violations. If officers infringe upon your constitutional rights by causing physical harm or conducting an unreasonable search or seizure, experienced civil rights lawyers can help. 

If you have been detained, request to speak with your attorney immediately, regardless of your innocence.

1. False Arrest

If a police officer arrests you without a legally justifiable reason, you have become the victim of a false arrest, also called an unreasonable seizure. A wrongful arrest violates your civil rights, which the Constitution’s Bill of Rights dictates. 

A false arrest is a federal crime, as it violates your civil rights. Additionally, if the police department involved in your false arrest makes false statements to cover up your illegal arrest, this constitutes an additional federal crime.

If you have been the subject of a false arrest, a police harassment lawyer can help you assert your rights and file a legal action in the appropriate court of law.

2. Police Misconduct

Police misconduct can take various forms. It can occur before an arrest, during an arrest, or after an arrest. There are federal procedural rules that law enforcement must adhere to during each of these stages. If the police fail to follow these rules, you may become a victim of police brutality.

Examples of police misconduct before an arrest may include:

  • Racial profiling
  • Acting without a necessary warrant
  • Harassment

Examples of police misconduct during an arrest may include:

  • Police brutality
  • Excessive force
  • Sexual assault
  • False arrest

Examples of police misconduct after an arrest may include:

  • Lying on police reports or in court testimonies
  • Coerced confessions
  • Witness intimidation
  • Mishandling evidence

If you believe you or a loved one has been the victim of police misconduct, contact an experienced police misconduct lawyer to discuss your legal options.

3. Illegal search and seizure

An illegal search and seizure can occur when law enforcement conducts a search without proper authorization, such as a search warrant or probable cause to believe a crime was actively in the process of being committed. An illegal seizure occurs when law enforcement takes something, such as evidence, or makes an illegal arrest without following proper procedural rules.

The Fourth Amendment to the U.S. Constitution protects you from unreasonable searches and seizures. The case law based on Fourth Amendment issues helps to flesh out exceptions and expansions of Fourth Amendment rights.

Not all warrantless searches and seizures are illegal, as exceptions do exist. However, the officers must generally have a good reason for conducting a warrantless search and seizure. 

If you believe law enforcement has conducted an illegal search and seizure against you, you should contact a police misconduct attorney.

4. Racial Profiling

Racial profiling is a discriminatory practice used by police officers. Officers target people as criminal suspects based on their race, national origin, ethnicity, or religion.

An example of racial profiling is targeting Muslims, Arabs, and South Asians in the wake of the 9/11 attacks, despite the victim-suspect having no connection to the attacks. 

Sometimes a police officer may search for a suspect reported to be a certain race or ethnicity in addition to other defining characteristics. In this case, stopping a potential suspect who matches the suspect’s description is not necessarily racial profiling.

If you think the police have racially profiled you, speaking with lawyers about police harassment can help you understand your rights.

5. Wrongful Shooting of an Unarmed Person

The police shootings of unarmed persons are always a tragedy. Sometimes these shootings are validated, but often, they may be an example of extreme police brutality.

Some cases have shown police to be too trigger-happy, using more force than police training recommends. Police shootings often involve high-stress situations where the police officers may genuinely fear for their lives. Sometimes this fear is valid; other times, it is not. The data shows that black Americans are overrepresented among those fatally shot by police. Regardless of officers’ genuine concern for their own safety, shooting an unarmed person in many situations is illegal.

Another issue is the tendency of police to shoot people who suffer from untreated mental illness. Whether a police shooting is validated or illegal takes careful consideration of the facts. If a police officer has shot you or a loved one, you should speak with a civil rights attorney about filing legal action.

6. False Imprisonment

False imprisonment occurs whenever officers unlawfully confine a person. False imprisonment can occur in various locations, including:

  • Your home
  • In a police department car
  • In a jail cell

Victims of false imprisonment should speak with an experienced lawyer and explore possible police misconduct lawsuits.

7. Civil Rights Violation

No one should be forced to endure civil rights violations by the police officers who should protect them. Civil rights violations can come in various forms. Lawyers file civil rights cases in civil lawsuits. If you believe an officer impeded your civil rights, you should speak with a civil rights lawyer to determine the strength of a potential lawsuit.

Do You Have a Case?

Victims of police brutality and other civil rights abuses have a right to justice. If you believe law enforcement officers have violated the civil rights of yourself or a loved one, you may have a valid legal case.

Not every negative encounter with a police officer amounts to brutality or civil rights abuse. However, the best way to find out is to speak with an experienced police brutality attorney. The civil rights legal team at McEldrew Purtell is well-versed in the laws surrounding police brutality. 

Contact us today to speak with a police brutality lawyer about your experience.

What Is Jackknifing?

Imagine that you’re driving to work when you see a fully-loaded tractor-trailer bent at an angle and headed in your direction. With nowhere to go, you brace yourself for impact and hope for the best. This is a terrifying reality for motorists every day in the United States who experience accidents due to jackknifing. Due to its size and weight, a jackknifed semi-truck has the power to cause massive damage to the people and vehicles in its path.

While it may not always be possible to prevent or avoid jackknifing accidents, victims in these incidents have options for seeking justice and financial settlements. To better protect yourself on the road and strengthen the odds that you’ll receive fair compensation in the event of an injury, it’s important to answer a few essential questions: what is jackknifing, why does it occur, and what harm can it cause? 

Understanding the Term “Jackknifing”

A tractor-trailer is comprised of two parts: the cab and the trailer. These components are meant to operate in alignment, with the trailer following immediately behind the cab. Unfortunately, a situation can occur in which the trailer swings out from the cab and forms a V shape similar to a pocket knife. This is known as truck jackknifing, and it presents a very real threat to the safety of yourself and your vehicle.  

What Causes a Jackknife Accident?

Jackknifing can occur due to a driver’s error or poor judgment, particularly in combination with elements outside of human control, such as bad weather. A truck accident case often rests on the driver’s liability, so knowing what causes jackknifing can help you better understand whether you have a valid claim for compensation. 

Speeding

Truck drivers who do not obey the posted speed limit or who do not lower their speed in response to driving and traffic conditions place themselves and other motorists at significant risk. The FMCSA reports that speeding is the most common driver-related factor in truck accidents in the United States. 

When a loaded truck operates at high speed, the driver doesn’t have adequate time to react if there is an unexpected obstruction on the roadway. While traveling on the interstate, a truck driver might encounter: 

  • Slowed traffic
  • Fallen objects such as branches and signs
  • Construction zones 
  • Traffic accidents 
  • Pedestrians
  • Stalled vehicles 

Normally, a driver would have time to slow down before reaching the hazard in question. However, even high-quality, well-maintained brakes may not be up to the task of stopping a full-size trailer in a short distance if the driver is going too fast. Rather than stopping, the truck could jackknife, placing everyone in the area in harm’s way. 

Driver Fatigue

Truck drivers often face difficult and stressful work conditions that leave them exhausted, and fatigue can contribute to jackknifing. The United States Department of Transportation associates tens of thousands of accidents yearly with drowsy driving. 

Drivers who aren’t alert can easily drift across lanes or onto the shoulder and then abruptly hit the brakes when they realize what’s happening. As a result of this improper braking, the trailer can jackknife. Likewise, if a sleepy driver swerves the truck, cargo can move dangerously from one side of the trailer to the other. 

Harsh Weather Conditions

Dangerous roads make a jackknifing accident far more likely. Ice, snow, and water can cause slippery roads, making it difficult for the wheels to get traction. If a truck slides, the weight of the load on the trailer and cab can shift, which in turn causes the trailer to become unbalanced. Slick roads are especially dangerous for drivers who: 

  • Do not adjust their speed 
  • Suddenly apply the brakes 
  • Go into a curve too fast

In the worst scenarios, jackknifing a trailer can cause a driver to lose control of the truck entirely. 

Cargo Shifts From Improper Loading

Balance is vital to safely operating a truck, and drivers receive specific training to ensure that they pay close attention to how their loads are distributed. Careless or inexperienced drivers can make critical errors when it comes to loading their trailers. This includes: 

  • Overloading the trailer beyond its weight capacity
  • Neglecting to secure cargo, allowing it to shift during transport 
  • Failing to correctly balance the load, which affects the trailer’s center of gravity

In each case, the result can be disastrous. A trailer and cab can become misaligned due to improper loading, causing the trailer to jackknife. 

The Injuries and Damages That Result From Jackknifing

In the United States, a loaded semi-truck can legally weigh up to 80,000 pounds. A truck and trailer of that size can cause catastrophic damage to you and your personal property. The impact of a commercial truck can crush or destroy your vehicle and cause serious or life-threatening harm to you and any passengers in your car. 

Some of the physical injuries that you could experience due to a jackknifing accident include: 

  • Spinal cord injuries
  • Traumatic brain injuries
  • Burns
  • Broken bones 
  • Organ damage

Surviving a jackknifing accident can also have long-lasting psychological effects, such as depression, anxiety, and post-traumatic stress disorder. In the most devastating accidents, jackknifing accidents can also cost human lives. According to data from the Federal Motor Carrier Safety Administration (FMCSA). several thousand jackknife accidents occur annually, and approximately 3.5% of these accidents involve fatal injuries. 

Discuss Your Options With a Truck Accident Attorney

People who experience a jackknifing accident often face substantial financial burdens in the form of medical care, physical therapy, mental health treatment, and home modifications. In an attempt to get help with managing these mounting bills, victims must spend time communicating and negotiating with insurance companies rather than focusing on their recovery. 

An experienced truck accident attorney can help alleviate this stress and ensure you receive the maximum compensation for your expenses and suffering. If you or a loved one has suffered from jackknifing, reach out to the experts at McEldrew Purtell for a free consultation.   

Carbon Monoxide Poisoning in Ohio Hotel Pool Leads to Nine Hospitalizations

Seven people were hospitalized in critical condition Saturday after suffering from carbon monoxide poisoning at a Hampton Inn in Ohio. A total of nine people were taken to local hospitals, according to The Columbus Dispatch.

Local Fire Chief Jay Riley told the newspaper that the source of the carbon monoxide was unclear but everyone who was hospitalized had been in the hotel’s pool area.

Riley said the victims included both children and adults. He did not provide exact ages.

Authorities said they received a 911 call Saturday evening about a 2-year-old girl who had either fallen into the pool or was found in the pool unconscious at the Hampton Inn in Marysville. More 911 calls soon followed about unconscious people or others who reported symptoms such as dizziness and a burning in the throat, Marysville Police Chief Tony Brooks said.

The hotel was evacuated shortly after. Brooks told the newspaper that all of the injured were alive when they were transported and that seven of the patients were in critical condition.

Two others were treated at the scene, and five more later sought treatment on their own at a hospital, Brooks said.

The Dispatch could not reach any members of the hotel management late Saturday. Riley said a Hampton Inn maintenance team was en route from out of state.

Marysville is about 30 miles (48 kilometers) northwest of Columbus.

How Dangerous is CO Poisoning in Ohio?

Despite its many sources, CO isn’t normally a danger, as adequate ventilation keeps it from reaching anywhere near poisonous levels under normal circumstances. CO only becomes a hazard when a room or building lacks proper ventilation or when appliances that produce it are improperly maintained or installed. Improperly maintained or installed furnaces, chimneys, water heaters, etc. can all put out dangerous levels of CO. “Efficiencies” and other types of very small apartments and homes are especially at risk of CO build-up due to their size.

How Does Carbon Monoxide Cause Damage in the Body?

Recent studies suggest carbon monoxide causes damage in other ways than by depriving the body of oxygen. Scientists haven proven that CO has neurotoxic effects because it creates a series of biochemical events. These events create a significant increase in oxidative injury to the structures surrounding blood and lymphatic vessels, nerve cells, and neurons.

Carbon monoxide is a colorless, odorless, and tasteless gas that can be fatal if inhaled. It is the leading cause of poisoning deaths in the United States.

Carbon monoxide is produced by the incomplete burning of fossil fuels such as natural gas, gasoline, kerosene, oil, propane or coal. It can also be produced by burning charcoal indoors or running a car in an attached garage.

The most common symptoms of carbon monoxide poisoning are headache and nausea. Other symptoms include dizziness, weakness, confusion and chest pain. If left untreated these symptoms may lead to death by suffocation from lack of oxygen in the blood stream or heart attack due to reduced blood flow to the heart muscle.

What Birth Injuries Cause Cerebral Palsy?

If you’re preparing to have a child or are already pregnant with a child, you might have started to do some research to help make sure that your child is healthy! One of the things that you might have come across during your research is the term “birth injury.” In case you’re still not sure what a birth injury is, it is a type of medical malpractice that you – or your baby can suffer – that can end up causing severe and permanent harm to your baby. A common issue that can crop up as a result of a birth injury is cerebral palsy. Indeed, one of the most common consequences of a severe enough birth injury will cause cerebral palsy in your child. However, as you may have realized from the wording, there are a few other birth injury possibilities that might also cause cerebral palsy. If, when it comes time to have your baby, you think that you or your baby might be a victim of anything listed in this article, contact another doctor and also contact a cerebral palsy birth injury lawyer. You might be eligible to make a settlement claim and gain some money to try and increase your child’s standard of living.

Cerebral Palsy

According to the CDC, “Cerebral palsy is a disorder that affects a person’s ability to move and maintain balance and posture. [It] is caused by abnormal development of or damage to the brain.” Some people with cerebral palsy will also suffer from other conditions such as intellectual disabilities, seizures, vision, hearing, or speaking problems, spinal deformities, or joint issues. It’s bad news all around, and to know that it could be caused by medical malpractice is heartbreaking.

Causes of Cerebral Palsy

Most cases of cerebral palsy are due to genetics. Unfortunately, if a bad hand of the genetic lottery is the cause of cerebral palsy, there isn’t much that can be done to prevent it. However, birth injuries are to blame for about 20% of cerebral palsy cases in children. The main cause of cerebral palsy is a severe lack of oxygen to the child’s brain during development, called neonatal anoxic brain injury, or, even worse, significant trauma to the baby’s head during labor or delivery.

Trauma

Sometimes, if a baby is stuck or if the baby is in an odd position that might make for a difficult birth, the doctor might attempt to get the baby from the mother’s womb using forceps or a specialized medical vacuum. However, both of these carry risks of inducing trauma onto the child, which, if severe enough, can result in varying levels of cerebral palsy severity for the baby. If a doctor is even the slightest bit too forceful using forceps or in a vacuum delivery, your baby can have permanent and irreversible health issues. A vacuum-assisted delivery injury lawyer may be what you need if this medical malpractice happens to you and your baby.

Birth Complications

Other complications that might occur during birth can also cause cerebral palsy. Complications such as a placenta detaching, the uterus rupturing, or issues with umbilical cord prolapse . . . all of these can negatively affect a baby and make it hard for them to get the oxygen they need. A lack of oxygen in the brain is the cause of most cases of cerebral palsy. It is the on-site medical professional’s job to make sure that, in the event of fetal distress in your baby, they act swiftly – but with care – to get oxygen to the baby as quickly and safely as possible. Anything less might lead to them being sued under the umbrella of medical malpractice.

Other Causes of Cerebral Palsy

Realize that, if you’re thinking you’ve been a victim of medical malpractice, you will only have a leg to stand on if your baby’s cerebral palsy was caused by a doctor’s negligence. However, a majority of cerebral palsy cases are – unfortunately – caused by genetic deficiencies. If this is the case, there might not be anything you can do, and there also isn’t anything you can do to prevent it. But in all other situations, there are things that the mother can do to try and lessen the chance – assuming that the doctors hold up their end of the bargain and don’t cause a birth injury – of cerebral palsy in their child. Some of these things are:

  • Be as healthy as possible before pregnancy
  • Get vaccinated for certain diseases (such as chickenpox and rubella) before becoming pregnant
  • Try to prevent twins, triplets, quadruplets, etc.
  • Get frequent prenatal care
  • Wash your hands often to try and prevent infections that might put the baby at risk
  • Contact a medical professional if you get sick so they can help you manage the sickness in a way that won’t harm the baby
  • Get the flu shot
  • Compare your blood type with that of the baby and work early to prevent problems that might crop up if the baby is a different blood type than the mother
  • Try to mitigate risks of potential preterm birth
  • React quickly and in the most efficient way possible if your baby shows severe signs of jaundice
  • Vaccinate your child against certain diseases as soon as doing so won’t harm them

Medical Malpractice

If you’ve done all these things and you don’t have a genetic history of cerebral palsy, but your child still ends up with cerebral palsy, you might be a victim of medical malpractice. If this is the case, and you believe that you or your baby are victims of medical malpractice, contact a lawyer or other knowledgeable professional who will work with you to get justice for the crime committed against you. A Cerebral Palsy Birth Injury Lawyer will be well versed in the complexities of birth injury malpractice cases and can guide you through this difficult time in order to get the compensation you deserve. Call the experienced team of lawyers at McEldrew Purtell at (866) 721-8431 or fill out or form here for a free consultation on your case today.

At Least 13 Dead as Fire Rages Through Fairmount Philadelphia Housing Authority Apartments

The 800 block of North 23rd Street faced a deadly fire in the early hours of January 5th, 2022. At least 13 residents of the Philadelphia Housing Authority building have already been found dead, and early reports state that at least 7 of those are children. This is one of the worst fires in decades to hit this Fairmount neighborhood and firefighters are still dealing with the aftermath. Philadelphia Deputy Fire Commissioner Craig Murphy was quoted through CBSLocal.com as saying, “It was terrible, I’ve been around for 35 years now and this is probably one of the worst [fires] I’ve ever been to. We plan on making sure that this tremendous loss of life did not happen in vain.” Crews were finally able to get the fire under control around 7:30 am, and multiple victims were transported to the Children’s Hospital of Philadelphia, as well as Temple University Hospital. 

The location of the fire was near the 800 block of North 23rd Street in Fairmount.

Still, the number of fatalities remains dynamic, according to Craig Murphy, as there is still recovery efforts being made throughout the building. He had also commented that at least four smoke detectors were not working during the fire. As far as the actual cause of the fire – investigations are still underway.

Does The Philadelphia Housing Authority Have A History of Fires in Their Buildings?

The Philadelphia Housing Authority (or PHA) was founded back in 1937, and is the nation’s fourth largest public housing authority. In total, they administer over 12,800 public housing units throughout Philadelphia. Certainly as with any housing unit fires are an unfortunate reality that are often out of the control or any housing authority. Still, there have been multiple fire-related incidents in PHA housing – including a fire at a vacant PHA building in Center City in 2020, as well as reports of fires in one of the PHA’s last surviving towers. Only after a thorough investigation by the Fire Department will more details emerge on the cause of this deadly Fairmount fire.

Were You or a Loved One Hurt or Fatally Injured By This Fairmount Fire?

If you or a loved one suffered due to this fire it’s important you retain an attorney and make sure you are following sound legal advice from the beginning of your incident. The attorneys at McEldrew Purtell have helped thousands of burn victims and wrongful death victims earn the compensation they deserve for their injuries. Our philosophy is to fight every day to help you and your families get the peace and compensation you deserve. If you or a loved one wants to speak to an attorney specializing in your case, don’t hesitate to call us at (800) 590-4116 or speak directly with us through our live chat.

The Most Dangerous Roads for PA for Trucking Accidents

Driving is a hard thing that requires focus to succeed at driving and to make sure you’re driving safely. Certain roads in various parts of the world have different feelings, and the people who drive on those roads will often have quirks or elements of their driving that are specific to the location. Pennsylvania is not exempt from this phenomenon. For this article, we’ll be focusing on Pennsylvania and, specifically, on dangerous roads in Pennsylvania. Every year these roads have the highest incidence of accidents and require higher vigilance from drivers. If you’re someone who drives in Pennsylvania, and you want to avoid getting into an accident – as you should! – you should read this article about the most dangerous roads in Pennsylvania.

Pennsylvanian Roads

Pennsylvania is a state that has hundreds of roads and highways that are used to ensure that commuters, residents, and other people who use transportation can access their businesses and homes. Over 120,000 miles of roads cover the whole of Pennsylvania, and hundreds of thousands of people use them each day . . . as such, it should come as no surprise that Pennsylvania auto accidents occur on a very frequent basis. As you may be able to glean from the article title and how much traffic the Pennsylvanian roads see, there are specific roads that see more accidents than others. So, especially if you’re a truck driver, or you frequently drive on truck-heavy roads, you might want to know of certain roads to avoid to try and lower your risk of ending up in an accident.

Roosevelt Boulevard

Although you may think that the biggest factor of accidents is traffic congestion – aid it is, in fact, a large cause of accidents – that isn’t the case for Roosevelt Boulevard. Roosevelt Boulevard isn’t even on a major highway in Pennsylvania. Having said that, many people still use this road daily, and a lot of people who use it end up speeding a lot, which is, of course, dangerous. Roosevelt Boulevard is a stretch of road that is made up of six 12-foot-wide lanes that run in opposing directions. Because of how many people use this road daily and how many of them end up speeding, severe accidents can occur on this road. Even if you are making sure that you’re going the speed limit and watching all traffic signs, you may still find yourself in an accident caused by one of the many other people on the road.

Interstate 83, Near Harrisburg

This particular Interstate (Interstate 83) is the road that runs between Baltimore and Harrisburg. It also is a prevalent road that people use to travel between the two areas. However, because it’s so popular, thousands of people use the road daily. It’s one of the most heavily-trafficked roads in the entirety of Pennsylvania. If you are a truck driver and you have any way of avoiding this road, do so. However, if you have to use it, make sure you’re being as cautious as possible to avoid getting into an accident.

Interstate 95 and Interstate 76

This road is known as both Interstate 95 and the Delaware Expressway. No matter what you call it, this road is notorious for having a large number of accidents happen on it. It has a very well-trafficked interchange with Interstate 76 . . . and this specific interchange was once listed within the top 100 most dangerous roads in the United States. Even though it’s no longer listed quite so high on the danger scale, it is still extremely busy and dangerous. It once had so many accidents that the math worked out to one fatality per mile. This is a wild statistic if you think about it.

Interstate 81

No list of dangerous roads in Pennsylvania would be complete without adding Interstate 81 to the list. This is the road that connects through Chambersburg and Carlisle, and it is used by nearly 100,000 drivers each day. Back in 2014, a 50-car pileup famously happened on this road, and it resulted in two fatalities. And then, in 2016 – although it luckily didn’t result in any deaths – there was a crash that resulted in the interstate being shut down for several hours. 

What To Do If You End Up In An Accident

Especially if you’re a truck driver, you might find yourself on the wrong end of an insurance claim. Considering that, no matter who is at fault, the driver of a smaller vehicle is much more likely to end up with an injury, you might find yourself having to avoid being sued if you end up in an accident. If this is something that is happening to you, you might want to look into getting a traffic accident lawyer to help you avoid the claim. The PA Truck Accident Lawyers at McEldrew Purtell have over 30 years of truck accident experience, having won millions of dollars in truck accident cases. Call the team today at (866) 721-8431 or fill out our form for a free consultation.

Bristol Township – Two Injured by Space Heater

Two Bristol Township residents suffered significant burns and were airlifted to Temple Hospital after an electric space heater started a fire that caused significant damage to their home. Fire department officials arrived around 4:00 a.m. and stated that no smoke alarms were sounding when they arrived. Thankfully, several neighbors had woken the couple up by banging on their doors and windows, allowing them to escape the blaze. Bristol Township Fire Marshal Kevin Dippolito stated that it was not clear whether the electric space heater was too close to something flammable, or if a defect/malfunction was responsible for the fire. Whatever the cause was, the fact remains that space heaters continue to pose fire hazards in homes across the United States, and these malfunctions leading to destructive and sometimes deadly fires are sadly all too common. The attorneys at McEldrew Purtell can help you determine if your devastating space heater fire was caused by a faulty product, and if so, who should be held liable for damages.

Why Are Space Heaters Dangerous?

Over half of all home heating fire deaths start because the heating equipment is placed too close to something flammable, such as bedding or furniture. Other factors that can lead to fires are failing to clean the heater, or heaters that are left unattended. But between 15 to 30 percent of space heater fires are caused by mechanical or electrical malfunctions. The safest heaters are ones that have fire-preventative features such as automatic shut-offs and long cords, and these models are usually certified by Underwriters Laboratories (UL). But a UL certification is not legally required, and there is no current legal requirement that space heater manufacturers install critical safety features on all of their models.

How Many Fires Are Started by Space Heaters?

The National Fire Protection Agency (NFPA) states that heating equipment, such as space heaters, is the number one cause of fires in homes. Between 2012-2016, there were an average of 52,050 fires every year caused by heating equipment in the United States, resulting in 490 deaths and one billion dollars in property damage. Of these, approximately 1,200 fires were caused by portable electric space heaters specifically. The winter months of December, January and February are the most dangerous months for home heating fires in the United States, and they usually occur sometime between 4:00 p.m. and 8:00 p.m. Early morning fires, like the one in Bristol township, are the most uncommon but are also the most deadly time for a space heater fire to occur. In fact, nearly half of all fatalities due to fires caused by heating equipment occur between midnight and 8:00 a.m.

Who Is Liable for a Fire Caused by a Space Heater?

Understanding who is liable for a fire caused by a space heater is a complicated question that will ultimately rely on the specific circumstances of your case. Liable parties may include:

  • The manufacturer of the space heater
  • The manufacturer of defective parts in your space heater
  • The retailer who sold you your space heater

All space heaters should be placed a minimum of three feet away from anything that can burn according to the Consumer Product Safety Commission (CPSC), and must be turned off when unattended. Consumers are also advised to always plug a space heater directly into a wall socket, and never to use a power strip or extension cord to plug in a space heater. But even when all these precautions are in place, catastrophic fires can still happen when using a space heater. If you or your loved ones have experienced a fire caused by an electric space heater, you deserve answers and compensation for your losses. If the manufacturer or retailer is liable, you may have recourse to file a wrongful death or product liability lawsuit against them. The skilled attorneys at McEldrew Purtell can answer your questions with a free consultation, and help you begin your recovery process. Fill out our online form here, or call us at 1-866-869-5318 to speak with someone today.