Category: Insights

Involvement in any motor vehicle wreck is unnerving, but if you’ve been in an Uber car accident, you probably have additional questions about what you should do in the event of a rideshare accident. 

Uber car accident insurance coverage will largely depend on the circumstances under which the accident occurred, who is liable in the Uber accident, and the insurance policy responsible for the claim. 

What Happens if You Are in an Accident in an Uber?

An eligible Uber car accident passenger riding in a vehicle actively providing rideshare services enjoys protection under Uber’s third-party liability coverage. Uber third-party insurance provides bodily injury coverage for Uber drivers and passengers whose personal auto insurance policy won’t pay related expenses. 

The company employs these guidelines when considering Uber insurance claims:

• The rideshare driver is found to be at fault
• The accident in question occurred en route to a rideshare destination 
• The driver had their Uber app on, and it showed that they accepted a fare at the time of the crash

Passengers are eligible to file an Uber claim form and receive financial compensation up to $1,000,000 for bodily injury and property damage. 

In the event that another driver is at fault, Uber provides uninsured/underinsured motorist insurance for a personal injury claim not covered by that driver’s private insurance policy.

Steps To Ensure You Have a Strong Claim After an Uber Car Accident

You may wonder what to do after an Uber accident, especially if you weren’t driving the vehicle. There are several steps you can take following a rideshare accident to increase your chances of receiving a fair settlement. Uber accident “what to do” steps include:

1. Get Medical Attention

Make sure everyone involved in the crash is conscious and alert. Call for emergency responders when necessary and seek medical care, even if you don’t immediately feel the effects of the impact. It can take up to several hours for hidden injuries, such as internal bleeding or head trauma, to reveal themselves following a crash. Some of these conditions can be life-threatening when left untreated. 

An insurance company may claim that your injuries occurred later and were not a direct result of the accident if you fail to seek prompt medical attention. This can jeopardize your ability to receive the full compensation you’re owed. Document any treatment you receive during a medical exam and follow up on recommendations from your healthcare provider.

2. Report the Accident to the Police and Document the Incident

Report your involvement in an accident to law enforcement as soon as possible so that you have a strong basis for your medical expenses and lost wages to be covered by insurance. It’s the responsibility of both the driver and the passengers to notify police of their involvement in Uber crashes. You will need a copy of the police report when you file your Uber injury claim. 

It’s helpful to document the accident scene if you are physically able to do so by taking photographs of both vehicles, as well as capturing conditions of the crash site as evidence. Document the placement of any traffic signals or road signs in the area, hazards in the roadway, or adverse weather conditions that may have contributed to the collision. 

Additionally, write down the contact information for everyone involved in the crash, including names, driver’s license numbers, addresses, and phone numbers. Record the same information for eyewitnesses to the accident. This information will be critical in the event that you later need to file an Uber accident lawsuit.

3. Submit a Claim With Uber

Complete an Uber insurance claim. If you need information on how to file a claim with Uber insurance, call Uber’s emergency number at (800) 354-8237. You can also access the help feature in the Uber app and file a claim that way. Have the following information available before you begin:

• Location of the accident
• Date of the accident
• Time of the accident
• A description of what happened
• The name of the person you believe was at fault
• Additional details of the accident
• Photos (if available)

Once the accident report is complete, Uber will open an internal investigation into what occurred. It’s highly recommended that you retain a copy of the insurance claim you filed with Uber in case there are questions or discrepancies later.

4. Contact Insurance Companies

In some scenarios, Uber’s insurance policy is supplemental and will only cover expenses that a driver or passenger’s personal auto insurance policies deny. You will need to determine which insurance policies are responsible for issuing payment in your particular case and contact the company directly. 

Average Uber Passenger Accident Settlement Amounts

The settlement amount of an Uber accident payout can vary widely based on many different factors, such as:

• Extent of victim’s injuries and pain
• Severity of the accident
• How many individuals were involved
• Victim’s loss of income or ability to work
• Psychological suffering caused to the victim

Therefore, it’s difficult to provide an average settlement amount for an Uber car accident. Uber car accident settlements range anywhere from $10,000 to $1 million, depending on the severity of the wreck.

An experienced rideshare accident lawyer is most qualified to assess all of the evidence in your case and determine what it will be worth to a judge or jury.

Contact an Uber Car Accident Attorney To Secure Fair Compensation

The reality is that insurance companies are mainly interested in protecting their bottom line, so receiving a full Uber car accident settlement payout can be a monumental struggle. Avoid accepting any offer too quickly, or you may miss out on valuable compensation that is rightfully owed to you. It’s wise to consult an Uber car accident attorney who can represent your interests with the insurance companies and help you pursue a fair payout.

The team at McEldrew Purtell specializes in catastrophic injury cases. Our Philadelphia-based trial attorneys have recovered billions of dollars on behalf of injury victims, including commercial rideshare accident passengers. We handle most litigation on a contingency basis, meaning we don’t get paid if we don’t recover. Contact us today to learn more about what we can do for you.

Medical misdiagnosis is a public health concern. Every year, about 795,000 Americans die or are permanently disabled because of it. If you or a loved one has been injured by a misdiagnosis, you need to understand your rights.

Can you sue a doctor for misdiagnosis? Can you sue a hospital for misdiagnosis? The answer to both questions is yes if you have suffered an injury from a misdiagnosis. However, there are certain elements you must prove to win your misdiagnosis lawsuit.

Is Misdiagnosis Considered Medical Malpractice?

Medical malpractice refers to the negligence or failure of a healthcare professional to follow an accepted standard of care, resulting in injury or even death.

Misdiagnosis occurs when a healthcare provider does not identify a patient’s health condition, leading to wrong treatment, delayed treatment, or failure to treat. While not all misdiagnoses amount to medical malpractice, a misdiagnosis can support a medical malpractice claim if it involves negligence. 

Most Common Types of Misdiagnosis

Misdiagnosis can occur in several ways. Here are the most common types:

Incorrect Diagnosis

Incorrect diagnosis happens when a medical practitioner provides an inaccurate conclusion or identification of a patient’s medical condition. This means that the diagnosis the healthcare provider gives is not the actual health issue the patient is experiencing

For instance, a patient in the early stages of a heart attack has chest pains, and a doctor diagnoses the chest pains as a symptom of indigestion, missing the signs of an impending heart attack.

A report by the Agency for Healthcare Research and Quality shows that about 1 in 18 emergency department (ED) patients receive an incorrect diagnosis, 1 in 50 will experience an adverse event, and 1 in 350 will suffer permanent disability or death.

There are a number of most misdiagnosed conditions. A report revealed that stroke, pneumonia, sepsis, lung cancer, and venous thromboembolism account for 38.7% of serious misdiagnosis-related harms. A misdiagnosis of your health condition may worsen your state, delay proper treatment for your condition, cause severe harm, and even lead to wrongful death.

Delayed Diagnosis

Delayed diagnoses occur when a patient’s medical condition is undiagnosed for an extended period. Delays in diagnosis can be dangerous, especially when they involve a serious, life-altering disease.

The impact of delay in diagnosis varies depending on the severity of the health condition and how much it has progressed. A delay in diagnosing a minor disease may not cause much harm. For example, a delay in diagnosing a common cold may not cause any damage. You may only suffer the symptoms longer than you should have. Timely diagnosis becomes increasingly important in critical cases. 

For instance, a patient may have a persistent cough and chest pain because they have lung cancer. If a doctor misdiagnoses the cancer as a common respiratory infection and prescribes antibiotics, the delay in diagnosing the cancer could lead to its progression. By the time the correct diagnosis is made, the cancer may have advanced, making it more challenging to treat effectively.

Missed Diagnosis

Also called failure to diagnose, this error occurs when a medical provider fails to identify a patient’s medical condition and makes no diagnosis despite symptoms that should have revealed the condition.

Burden of Proof for Medical Misdiagnosis Malpractice Cases

To prove your medical misdiagnosis case, it is not enough to show that a doctor or other medical professional committed a diagnostic error. The following elements must be demonstrated:

The Existence of a Provider-Patient Relationship

In most cases, it is easy to prove that there was a provider-patient relationship. If the medical professional examined you before making the diagnosis or undertook to treat you, then a provider-patient relationship existed.

Proving this element is as simple as showing that you hired the provider for medical care and they consented to give you medical advice or treat your condition. You can easily demonstrate this by presenting your medical records or medical bills showing there was a provider-patient relationship.

The Provider Did Not Meet the Standard of Care

The provider, by consenting to give you medical advice or treatment, owes you a duty of care. This is a responsibility to provide a quality of care accepted in the medical community. If the provider met the standard of care required in the diagnostic process, then they are not liable, even if there was a diagnostic error.

The standard of care is the level of skill, knowledge, and procedures that another similarly qualified professional in the medical field would ordinarily use. If the provider did not meet the standard of care in arriving at the misdiagnosis, they may be held liable. 

Proving negligence in your misdiagnosis case can be difficult. Usually, you would need to rely on your medical record, an expert witness, or eyewitness testimony to show that the action of the provider deviated from the standard of care. 

The Misdiagnosis Caused You to Suffer an Injury or Harm

You must show that the misdiagnosis led to an injury. You must also demonstrate that the injury or harm would not have happened if there was a correct diagnosis. 

That Harm Resulted in Damages

The last requirement is to prove that the diagnostic error caused losses. They can be economic damages, such as:

• Medical bills, including future medical bills
• Cost of home or vehicle modifications because of disability
• Loss of income
• Lost or reduced earning capacity

Non-economic damages, including:

• Pain and suffering
• Emotional distress
• Scarring or disfigurement
• Loss of consortium
• Reduced quality of life

Hire an Experienced Medical Misdiagnosis Lawyer To Defend Your Case

If you have been injured by a medical misdiagnosis, you may have a right to recover misdiagnosis compensation. Our experienced medical malpractice lawyers at McEldrew Purtell can guide you in seeking compensation for your injuries. Contact us today to discover how we can put our decades of experience to work on your behalf.

Facing the death of a family member due to nursing home negligence is especially difficult for those left behind. You may have unanswered questions regarding your loved one’s care leading up to their passing. 

The majority of wrongful deaths in nursing homes can be avoided when proper care is provided. One study from the Department of Health and Human Services found that 60 percent of adverse events in nursing homes are preventable.

If you’re considering filing a wrongful death lawsuit against a nursing home, read on to learn more.

Major Causes of Wrongful Death in Nursing Homes

Abuse, neglect, falls, and medication and medical errors routinely contribute to premature death in nursing home patients each year. Here are some of the most common causes of nursing home neglect resulting in death, and signs you may need a nursing home abuse lawyer.

Different Forms of Abuse

When abuse is the root cause in nursing home wrongful death cases, intentional harm led to a resident’s untimely demise. Surviving family members are eligible to file a wrongful death claim or survival action against the facility. Nursing home settlements involving intentional harm may include punitive damages as well.

• Physical abuse: Signs include cuts, bruises, burns, dislocated joints, and unexplained head injuries.
• Emotional abuse: This is the most common form of abuse perpetrated on elderly residents, involving yelling, threats, and belittlement meant to make the patient fearful.
• Neglect: Signs of neglect include rapid weight loss, soiled clothing, going without necessary medication or medical aids, poor hygiene, an unsafe or unsanitary living environment, and infections and injuries that go untreated.
• Sexual abuse: Pelvic pain or injuries, newly diagnosed sexually transmitted diseases or infections, and bruises on the genitals or inner thighs could signal sexual abuse.
• Financial abuse: This occurs when a caretaker steals money or possessions from an elderly individual. Signs include unpaid bills, eviction notices, missing possessions the patient doesn’t remember giving away, and charges and withdrawals on accounts the patient could not have made.

Broken Bones

Broken bones are common injuries in residential care facilities due to increased fall risk in the elderly. However, a pattern of broken bones could signal that nursing home staff did not take the necessary precautions to prevent your family member from falling. A history of fractures may also suggest that they were being abused. Many nursing home malpractice cases stem from broken bones that lead to medical complications and death.

Medication Errors

Medication errors are another typical cause for nursing home lawsuits. If your loved one died after suffering an adverse reaction to a medication they shouldn’t have received or following the improper administration of medication prescribed to them, you may be eligible to receive monetary compensation. The burden of proof is on the individual bringing the suit to show that the medication was delivered in error and caused the person irreparable harm.

Dehydration and Malnutrition

Intentionally or unintentionally withholding fluids and food from a nursing home resident can quickly lead to dehydration and malnutrition, both forms of elder neglect. If you believe that your family member’s death in a nursing home is linked to the facility’s failure to adequately provide for their dietary needs, you may consider filing a wrongful death lawsuit against the nursing home.  

Medical Errors and Inadequate Care

Nursing home facilities are notoriously understaffed with high turnover rates. Staff shortages and inexperienced caretakers create an environment ripe for abuse and neglect. Preventable medical errors may also occur when the staff-to-patient ratio is too high. These inadequate standards for resident care are completely avoidable under better conditions. Signs that your family member’s death may have been caused by a medical error or inadequate care include: 

• Immobile residents left in their rooms for hours at a time
• Failure to notify a trained medical professional of a potential health emergency
• Failure to regularly bathe a resident and change their clothing and bedding
• Failure to adequately provide food or water
• Failure to treat injuries and illnesses, which resulted in bedsores, sepsis, and death

Lack of Fall Prevention

Elderly residents are susceptible to slips and falls while attempting to stand, get out of bed, or use the restroom on their own. Residential nursing facilities are required to have preventative measures in place to avoid patient injury. Nursing home negligence cases may focus on a facility’s failure to:

• Answer a resident’s call light for long periods of time, resulting in unnecessary falls
• Assist the resident while they stood, transferred surfaces, or used the restroom
• Use a gait belt or other assistive device
• Replace the bed guardrail on a resident’s bed
• Remove hazards such as cords or standing water on the floor

Essential Evidence for a Solid Nursing Home Death Claim

When suing a nursing home for wrongful death, the plaintiff carries the burden of proof to present evidence that supports the claim. Nursing homes have an inherent obligation to provide for their residents’ care and safety. 

Any evidence you present to the court will need to demonstrate that the liable parties either negligently or intentionally did not provide for the resident’s well-being and that the facility’s failure to do so led to the person’s death. Here are some examples of evidence you may be asked to provide:

• Medical records
• Photos of the deceased’s injuries
• Photos or videos of the conditions inside the nursing home
• Videos of abuse
• Articles of the deceased’s clothing
• Witness statements 
• Documentation of communication with the nursing home
• A timeline of dates and events leading to the resident’s death

Average Nursing Home Wrongful Death Settlement Amount

The average financial compensation awarded to family members of the deceased person in nursing home lawsuit settlements in the United States is between $400,000 and $600,000, although damages may be much higher.

The largest nursing home settlement to date is $13 million, awarded to the survivors of a retired judge. The patient’s nursing home failed to provide him life-saving antibiotics for an infection that caused a fatal injury.

Who gets the money in a wrongful death lawsuit is a matter of law. Those individuals eligible to file a wrongful death claim or survival action are the same ones who can receive compensation. This typically means surviving spouses, children, and parents of the deceased.

Pursue Legal Action for Wrongful Death With Our Expert Team of Lawyers

If you’re considering filing a wrongful death lawsuit against a nursing home on behalf of a deceased family member who suffered abuse or neglect, the attorneys at McEldrew Purtell can help. Our Philadelphia-based trial lawyers have recovered billions of dollars for injury victims and their families. We handle most litigation on a contingency fee basis, which means that we don’t get paid if we don’t win your case. Contact us today.

Medical device manufacturers put shareholder profits ahead of patient safety when they mislead patients and physicians by failing to mention potential risks and side effects of their products. Some of these companies continue to market defective products despite evidence that they pose a hazard to consumers. The only way to keep these medical products off the market is with defective medical device lawsuits.

If you have been seriously injured by a defective medical device, you need a defective medical device lawyer with the experience, knowledge, resources, and dedication to represent you.

What Should You Look for in a Defective Medical Device Lawyer?

Before you hire a defective medical products injury attorney, research their level of expertise in handling medical device claims. Some of this information may be available online, but the best course of action is to personally interview potential firms before choosing one. Ask questions regarding their lawyers’ experience handling similar cases, read reviews from past clients, and examine the firm’s track record with product liability claims.

Experience

Look for a firm that specializes in litigation involving medical malpractice and defective medical equipment. Since a medical device malfunction lawsuit requires a very particular set of skills and knowledge, you want legal representation with extensive experience investigating and managing these types of cases. Firms that regularly litigate lawsuits involving defective medical products are also more likely to have information on class action or mass tort claims that could apply to your situation.

Reviews

Whenever possible, speak with past clients who have worked with the defective medical device law firm you are considering. Word of mouth can be a good method for vetting potential attorneys, or read online reviews. Look for positive comments regarding the following attributes:

• Prompt and clear communication between attorney and client
• Consistently met deadlines
• Kept promises or provided an explanation when unable to do so
• Friendly and courteous office atmosphere
• Honest and accurate billing practices

Pay particular attention to reviews from clients involved in cases of medical product design defects, class action lawsuits, and mass tort claims and whether they were satisfied with the financial compensation and service they received.

Track Record

It’s completely acceptable to inquire about an attorney’s litigation track record in regard to defective medical products. Ask how many cases they’ve handled involving medical device problems, the number of those cases that resulted in a favorable settlement for the plaintiff, and the average amount of those settlements. Many firms list this information on their website for easy reference.

Common Defective Medical Device and Product Issues

Faulty medical devices are the result of manufacturing defects or materials that break down over time. Many defective medical device tragedies eventually become part of large-scale product recall lawsuits. Unfortunately, unsuspecting consumers have to be harmed or injured before a recall is issued.

Some problem devices remain on the market today, despite evidence showing they are dangerous for medical use. The only way to hold defective medical device manufacturers accountable for personal injuries is to pursue legal options.

Surgical Implants

Surgically placed medical implants are used to replace or repair tissues, joints, and organs, to prevent pregnancy, and to regulate biological functions within the body. The use of some implants has caused complications resulting in poor health outcomes for patients. Examples include knee replacement lawsuits centered around failure of knee implants, which required patients to undergo additional surgeries, and patients whose doctors used surgical mesh to repair their hernias that developed complications, prompting a hernia lawsuit.

Here is a list of surgical implants that have been the subject of faulty medical device lawsuits:

• Knee and hip implants
• Hernia repair mesh
• Transvaginal mesh
• Other surgical mesh
• Intrauterine devices (IUDs)
• Cochlear implants
• Pacemakers
• Breast implants
• Eye implants
• Defibrillators
• Inferior vena cava (IVC) filters

Faulty Devices

Faulty medical devices are the result of an inherent flaw in the product’s design. Patients suffer injury or harm as a result. Some recent examples of lawsuits involving faulty medical devices include:

• Duodenoscopes contaminated with an antibiotic-resistant infection sickened and killed several patients. It was later discovered that tiny crevices in the duodenoscope made it impossible for the device to be properly sterilized, leading to cross-contamination between patients.
• TheNuVasive MAGEC System used to treat childhood scoliosis resulted in mechanical problems in some patients, with the endcap separating from the device and exposing living tissue to internal components of the product.
• The Medtronic MiniMed Insulin Pump became the subject of lawsuits when a defective retainer ring left users vulnerable to overdosing on insulin, resulting in severe hypoglycemia.

Medical Device Recalls

Medical device manufacturers may voluntarily recall products when they have determined a device is unsafe for consumers. In other scenarios, the U.S. Food & Drug Administration, which oversees medical devices, requires the maker of a faulty device to issue a recall.

The FDA uses a numerical classification system to indicate the seriousness of a recall:

• Class I recall:There is a  reasonable probability that the use of or exposure to the product will cause serious health consequences or death.
• Class II recall: The use of or exposure to the product may cause temporary or medically reversible health outcomes, or the probability of serious health consequences is remote.
• Class III recall: The use of of exposure to the product is not likely to cause adverse health outcomes.

Class I recalls are most likely to result in the need for a medical device lawyer because the outcomes from use of these products tend to be more severe, resulting in permanent damage to the patient.

Get the Best Possible Results With Our Team of Specialized Lawyers

Consult a Philadelphia-based malfunctioning equipment lawyer to ensure that you are fairly represented in your defective medical device case. Our team at McEldrew Purtell specializes in catastrophic injury and has represented individuals and entities across the country and around the world in medical malpractice and defective drug and medical device cases.

We have recovered billions of dollars on behalf of patients and families injured by faulty medical equipment through class action lawsuits and mass tort actions. The attorneys at McEldrew Purtell have a proven track record of maximum compensation recovery for clients. Contact us today for a free consultation.

Medication errors statistics are troubling. Every year, seven million patients in the U.S. experience medication errors, and 7,000 to 9,000 will die from the complications. In addition to the lives lost, these errors have enormous financial implications, costing $40 billion annually.

Medication errors are preventable events that happen because of negligence. If you or a loved one has suffered from a medication error, you may be entitled to compensation for your injuries.

Learn about the causes of medication errors and how to prevent them.

Common Types of Medication Errors

There are several causes of medication errors, but these are the most common:

Communication Breakdown

Effective communication is indispensable to providing safe care, and a lack of it between providers can cause medication errors. Some of the most common medication errors happen because of poor communication. Sometimes, mistakes occur because the pharmacist could not read the doctor’s prescription due to illegible writing or because the doctor did not update the pharmacist about a change in treatment.

Other times, communication breakdown occurs in the doctor-patient relationship. For example, a medication error can occur because the doctor did not note vital health information that the patient mentioned or failed to inform them about the potential side effects of a prescribed medication.

Look-Alike Sound-Alike (LASA) Medication Errors

LASA medication errors occur when medications have names that sound alike, look alike, or have similar product packaging. The error can happen during the prescribing, dispensing, or administration of medicines. LASA drug errors can result in inappropriate medication, under-dosing, or overdosing, and they can cause severe complications and even death.

LASA mistakes are one of the most common causes of medication errors. It is estimated that they occur in 25% of medication error cases. This issue is such a serious concern that the Institute for Safe Medication Practice publishes a list of confused drug names, which are drug pairs that are likely to be mistaken. On July 27, 2023, it added 80 drug pairs to the list, which brings it to more than 520 drug pairs.

Here are some real-life examples of medication errors associated with LASA drugs:

• An 80-year-old woman was admitted because of a recurrent major depressive disorder with psychotic symptoms. Her medication included clopidogrel. However, the nurse dispensed and administered clozapine because she was under time pressure and didn’t read the prescription correctly. The patient became critically unconscious and had to be taken to the ICU. Fortunately, she recovered.
• A hospital employee administered a dose of insulin instead of influenza vaccine to 50 hospital employees. The confusion stemmed from the similarity in the appearance of the medication vials. The incident led to the hospitalization of multiple symptomatic individuals.

Incorrect Medication Doses

A patient must be given the proper medication doses based on their age, weight, and health condition. If the dose is too low, it may not treat the condition, and if it is too high, it can harm the patient.

Wrong dose errors are adverse events that happen when a patient receives an inaccurate dose. Often, it happens during drug administration. For example, a distracted nurse may administer a dose higher than the doctor’s prescription. Sometimes, a pharmacist may fill the correct drug but provide the wrong dosage because of a mathematical or packaging error.

Improper Administration Technique

There are different avenues of drug administration, and they are determined by the part of the body being treated, the way the drug works within the body, and the drug formula. The most common methods are pills that are swallowed and drugs that are injected into a vein or an IV line. However, there are other ways, including injecting drugs into the spine (intrathecal) or intramuscularly into a muscle.

Medication errors caused by a mistake in administration technique occur when a healthcare provider administers a drug in the wrong way. For example, a doctor prescribes that a drug be given orally and the nurse administers it intravenously.

Inadequate Quality of Care

When the level of care hospitals or providers render to patients falls below the accepted standard, it increases the risk of medication errors. This may give the victims the right to sue the hospital for medical negligence.

Sometimes, medication errors in hospitals occur because management prioritizes profit over patient safety. For example, in order to cut costs, a hospital fails to train its nurses properly. The lack of training and knowledge can produce both poor quality of nursing care and medication errors.

How To Prevent Errors in Medication

Many of the factors behind medication errors are beyond your control. However, there are measures you can take to prevent medication errors or at least identify them early before they cause you harm.

Get Regular Checkups

One way to prevent medication errors is to visit your healthcare provider for regular checkups. The appointments will provide opportunities to discuss your medications, address any concerns, and verify that your medications are in line with your health condition. During these visits, share your symptoms or any side effects you have noticed. This can provide insight that can help identify a medication error.

Address Knowledge Gaps

Obtain all relevant information about your medications, including what they do and possible side effects. If you are confused about the dosage guidelines, potential interactions with other medications or supplements, or how the drug is expected to work, request clarification. By being well-informed, you can take early steps if you notice a drug is not working as designed, which may be a sign of a medication error.

Keep Medical Records Up-to-Date

Your healthcare providers need all of your vital health information to provide safe care. Inform them about your complete medical history, including drug allergies, past illnesses, surgeries, and current medications. Also, update your doctor and pharmacist about any change in your health status or medication plan.

Seek a Specialized Lawyer for Your Medical Malpractice Case

If you have suffered an injury because of a medication error, an experienced medication errors lawyer can help you understand your case and your right to compensation. Nobody deserves to suffer from medication errors, which are often preventable. Contact us to consult with a medication errors attorney at McEldrew Purtell. We can also help if you are the victim of another medical malpractice issue, such as unsafe pharmaceutical drugs or medical devices. Our skilled and compassionate lawyers will help you pursue compensation for your injuries.

About 37 people every day lose their lives in drunk driving accidents, according to the National Highway Traffic Safety Administration. As sobering as this statistic is, accidents involving drunk drivers are just one possible tragic outcome of excessive drinking. Property damage, other accidents, and personal injury can all result from intoxication.

In Pennsylvania, you can sue the establishment that overserved a person who went on to cause harm to another person.

These cases are complex. Working with a dram shop lawyer gives you the best chance of receiving fair and just compensation as the victim of an alcohol-related accident.

What Is a Dram Shop Lawyer?

A dram shop lawyer is someone who can help you to sue if you or a loved one has been hurt because a bar or restaurant has overserved alcohol. 

Dram shop laws hold responsible those establishments that serve alcohol to someone under the legal drinking age or to intoxicated persons. If a drunk person causes injury, property damage, or fatality in dram law states, the bar or restaurant can face a lawsuit.

Dram laws are different from social host liability. Dram shop acts are laws that prevent licensed alcohol providers from serving intoxicated patrons. Social host liability refers to private gatherings where hosts serve alcohol to minors. 

McEldrew Purtell are experienced and dedicated Pennsylvania dram shop attorneys who can help you take the next step toward recovery after an accident or injury.

Advantages of Dram Shop Attorneys in Alcohol-Related Accidents

There are several advantages of working with an attorney experienced with dram shop cases compared to personal injury attorneys who practice in other legal areas. Here are six things they bring to your case.

1. Specialized Knowledge and Experience in Dram Shop Laws and Precedents

In order to mount a strong legal case, it is vital that your lawyer know the nuances of Pennsylvania dram shop liability laws.

Section 493(1) of the Pennsylvania Liquor Code prohibits a liquor licensee from selling alcoholic beverages to a minor or someone who is visibly intoxicated. Section 497 says a licensee is not responsible for damage or injury the person causes unless they were visibly intoxicated when they were served [https://www.lcb.pa.gov/Legal/Documents/000813.pdf]. 

This law does not define visible intoxication. However, the Pennsylvania Liquor Control Board offers some signs that a person has had too much to drink, such as:

• Loud speech and boasting
• Slurred speech
• Crude behavior
• Stumbling
• Drinking alone
• Drinking too fast
• Ordering doubles
• Buying rounds

Although these are helpful signs for responsible servers and liquor stores to keep in mind, they are not legally conclusive. 

Your dram shop lawyer can draw upon legal precedent to show that the licensee’s actions did not meet their legal obligations to keep patrons and members of the public safe. Precedent is the expansive case law of previous dram shop lawsuits in Pennsylvania that a court must use in its decision-making process. 

2. Investigation and Evidence Gathering

A court requires evidence that the bar or restaurant overserved the patron. Evidence can take many different forms. Your dram shop lawyer can perform this time-consuming and detailed work, which includes:

• Interviewing witnesses to the patron’s behavior and the server’s actions
• Taking photographic evidence of the scene
• Getting access to security camera footage

In addition to evidence of overserving, a lawyer has to prove that the person’s intoxication was a direct cause of the injuries or property damage. Your lawyer gathers evidence that links the intoxicated individual to the harm, including analysis of:

• Medical records
• Police reports
• Insurance records
• On-scene reports of witnesses and first responders

This detailed legal work is best handled by an attorney who has experience with dram shop liability and can fill in the gaps of the timeline of what happened the day of the incident.

3. Establish Liability on the Alcohol-Serving Establishment

Your lawyer must show two elements in order to hold an alcohol-serving establishment responsible:

1. The establishment served a patron who was visibly intoxicated before their last drink
2. The patron’s intoxication caused injury, death, or property damage

Both of these elements are essential to win a lawsuit. Your lawyer must have the knowledge and experience to present the right evidence to convince a court. 

The bar or restaurant also retains an attorney who will attempt to show that the patron was not visibly intoxicated or that the harm was not the result of the patron’s drinking. If the harm came after an auto accident, for example, the opposing attorney might argue that the patron did not cause the accident even if they were intoxicated. 

It is essential to have a dedicated lawyer on your side to show the truth of what happened to the court so that you have the best chance of receiving a just and fair result. 

4. Maximize Compensation for the Client

Financial compensation can help after your financial and personal well-being are upended by a serious accident. A lawyer can seek compensation for:

• Medical expenses
• Rehabilitation and psychotherapy
• Lost wages
• Loss of future earnings
• Pain and suffering 

If you have lost a spouse due to a fatal accident, your lawyer can also structure a compensation proposal that takes into account the loss of that person’s financial and emotional support. 

5. Navigate Dealing With Insurance Companies

Insurance can help your family pay for medical expenses, property damage, and other losses related to the incident. All too often, however, insurers make it complicated and burdensome to file a claim. 

When you are reeling from a serious injury or personal loss, dealing with insurance can take an emotional toll that delays your healing. Your dram shop lawyer can not only take over this process, but they can also work to secure all the benefits you are entitled to under your policy. 

They can also guide you in completing all the necessary steps after an accident since you might have an overwhelming amount of stress to navigate.

6. Willingness and Experience To Take Cases to Court

Your dram shop lawyer should have your best interests in mind. While sometimes that involves reaching a fair settlement with the alcohol-serving establishment, often the best results come in court. Every accident claim works a bit differently depending on its own circumstances. 

Persuasively arguing a case in front of a judge or jury is a legal skill held by experienced litigators. If you work with a lawyer who knows how to handle dram shop cases skillfully, they can offer you the best advocacy in private negotiation and in the courtroom. 

Act Promptly in Alcohol-Related Accident Cases

Don’t delay in speaking with a dram shop attorney if you have experienced injury or loss. The team at McEldrew Purtell can be the advocates you need. Contact us today for a free consultation.

Rideshare apps are a popular alternative to taxis that can give you a quick ride to your destination or safe transport home after a night out. However, if you experience an accident, your legal options might be different than if you were in a private vehicle or a cab.

Rideshare services such as Uber and Lyft do not hire drivers directly. Rideshare drivers are independent contractors who each carry their own insurance policy. Although Uber does insure its drivers, that coverage is limited. Even in the case of fatal accidents, insurance claims can be complicated because of differences in liability coverage.

You can take steps to protect your interests if you have been involved in a rideshare accident. The guidelines below can help you to safeguard your health and safety. Working with a rideshare accident law firm gives you the best chance of receiving the fair and just settlement you deserve.

Essential Guidelines When Injured as a Passenger in a Rideshare Accident

As a passenger, you might not know whether a personal injury lawsuit is the best course of action, or if so, who the liable party is. Since you were not behind the wheel, you might have an incomplete memory of the event. You might not know who the at-fault driver was.

These are issues a rideshare accident lawyer can help resolve. In the event of personal injury, property damage, or any other harm, rideshare accident attorneys can help you sort through the details as you seek fair compensation from the appropriate party.

To give your rideshare car accident lawyer the groundwork needed for your legal case, consider taking these steps. 

Seek Medical Attention Even if the Injuries Seem Minor

As soon as possible, you should seek medical attention even if you do not believe that you have been badly injured. If medical personnel attend the accident scene, ask if you can receive a copy of any medical documents or reports. If there are no paramedics or ambulances present, try to visit an emergency department or see a family doctor for an examination.

This step is essential to safeguard your personal health. What seems like a minor injury from an auto accident might become a serious medical issue. Getting medical attention quickly allows healthcare providers to track your progress. When you meet with your Lyft or Uber accident lawyer, the results of this exam can help determine the extent of your injuries and the compensation you might need going forward.

File a Police Report and Request a Copy

All drivers involved in the collision should file a police report. However, it is also important for passengers in rideshare vehicles to contact police. The police report is important legal evidence of what happened. It is impartial, and the information you provide, especially soon after the accident while your memory is still fresh, can be a vital source of your perspective on the collision. Obtain a copy for yourself and bring it to your first meeting with your Lyft or Uber accident attorney. 

Document the Accident Scene With Photos and Videos

As soon as possible, take pictures of the accident. If you are not able to document the scene immediately after the accident, return to the location with a friend or another person who can help you take photos and videos. Try to recall as much as you can about the incident, such as directions the cars drove, any apparent driving violations, and the actions of drivers involved. Your rideshare accident lawyers can use this information to piece together a picture of what happened and who might hold liability.

Report the Accident to the Rideshare Company as Soon as Possible

Contact the rideshare company to report the accident as soon as possible, and inform your Lyft or Uber car accident attorney that you have taken this step. Take note of any information the company gives you, such as a file number or email confirmation of the conversation. Record the date and time you made the report and the name of the person you spoke with, if possible. 

Collect Information on the Rideshare Insurance Coverage for Passengers

The rideshare company might have information about insurance coverage available on its website. If you cannot locate this information, ask the company when you file the report what insurance coverage it has that might protect you. If possible, obtain a copy of the policy and supply it to your lawyer in the event of a rideshare accident lawsuit.

Obtain Information About All Parties Involved

As much as possible, obtain the names and contact information of everyone involved in the accident. Try to exchange information with all of the drivers and all of the other passengers. You might need their assistance in a legal case to provide witness testimony or other support. 

Contact Your Insurance Company To Inform It About the Accident

Even though you were not driving, your own car insurance might offer you benefits after a rideshare accident. Contact the company to notify it about the incident. You might be directed to file a claim if you are entitled to compensation under your own policy. 

Seek Legal Advice From a Personal Injury Attorney

One of the most important things you can do is to seek legal advice from the best rideshare accident lawyer possible. Although the self-help steps you take are essential for your health and legal protection, an attorney who knows rideshare accident law will give you the best chance of recovering the compensation you deserve. 

Consult an Experienced Rideshare Accident Law Firm

McEldrew Purtell are Philadelphia rideshare accident lawyers who are dedicated to giving you the help you need while you heal. For a free consultation with a skilled rideshare accident attorney in Philadelphia, PA, contact us today.

A newborn baby has their whole life ahead of them, but a birth injury gives them a rough start. If your child has suffered from a birth injury, consider consulting with a Philadelphia birth injury lawyer. Experienced birth injury attorneys have handled cases like yours before, so they can provide counsel and guidance on how to get justice for your child. 

Common Types of Birth Injuries and Their Impact

Some birth injuries are immediately obvious, while some are more subtle and will only manifest with time. Some of the common birth injuries include:

• Cerebral Palsy (CP): Cerebral palsy is caused by damage to a baby’s developing brain, which affects their ability to move, control, or coordinate their muscles. CP can be caused by birth complications that affect oxygen flow to the child. The impact of cerebral palsy on children varies. Severe cases may cause permanent disability, and the affected child may require lifelong care. Mild cases may only affect the child slightly. For example, the child may walk in an awkward posture.
• Brachial plexus injury: The brachial plexus is a group of nerves between the neck and shoulders that provide feeling and muscle control in the chest, arm, shoulder, forearms, and hands. Most brachial plexus injuries occur during a difficult delivery when the baby’s neck is stretched to one side, causing the brachial plexus nerves to be excessively stretched or torn. The impact on the child depends on the type of nerve injury and the location. The mildest form of nerve damage involves the stretching of the brachial plexus nerves without them tearing. This is known as neurapraxia, and it may heal within months. In the most severe form of brachial plexus injury, the nerve roots are severed from the spinal cord, known as an avulsion. This may lead to Erb’s palsy, Horner’s syndrome, or Klumpke’s palsy. 
• Intracranial hemorrhage: This is bleeding in or around the brain caused by the rupture of blood vessels. Although it can happen to any infant, it is more common among those born prematurely. About 25% of preterm infants weighing less than 1500 g (3.3 lbs) have intracranial hemorrhage. There are several types of intracranial hemorrhage based on the location of the bleeding: subarachnoid hemorrhage, subdural hemorrhage, epidural hematoma, and intraventricular hemorrhage. Some of these cases may heal without treatment, but more severe cases may lead to motor problems, such as cerebral palsy, brain injury, or developmental delays.
• Hypoxic-ischemic encephalopathy (HIE): Hypoxic-ischemic encephalopathy is a birth injury that occurs because the child’s brain suffered oxygen deprivation (birth asphyxia), sometimes because of complications during labor, delivery, or soon after birth. The severity of the impact on the child depends on the length of time their brain is without an adequate supply of oxygen. HEI may cause long-term conditions, such as cognitive impairment, cerebral palsy, developmental delays, or epilepsy.

6 Signs You Should Consult a Philadelphia Birth Injury Lawyer

If any of these signs are present, you should speak with a Philadelphia birth injuries attorney: 

Your Child Suffered Birth-Related Injuries

The best time to consult a birth injury lawyer is immediately after you notice that your child suffered a birth injury. The injury may be mild, such as a cerebral compression that goes away in a couple of days or weeks. But it can also be severe and permanent, leading to impaired motor functions or developmental delays. 

You Suspect Medical Negligence or Malpractice in the Birth Process

Not all birth injury cases are caused by negligence. Something can go wrong despite medical professionals exercising due care. However, sometimes medical negligence caused the injury, and if you suspect that to be the case, you should speak with a Philadelphia medical malpractice attorney.

Your Child Was Not Promptly Diagnosed or Was Misdiagnosed

Some medical complications present in newborns can be treated successfully without any permanent injury if they are diagnosed promptly. A delay in diagnosing a medical condition or a misdiagnosis can be dangerous. For example, jaundice is a common condition in newborn babies, and it’s usually not threatening. However, untreated severe cases can lead to brain damage. A Philadelphia birth injury attorney can help you determine if your child’s birth injury was caused by a delayed or inaccurate diagnosis. 

You Lacked Information About the Risks

You have the right to be informed about the risks associated with specific procedures or interventions during childbirth. If you were not fully informed about the potential injuries the mother or the child could suffer and a birth injury occurs because of that procedure, it may amount to medical malpractice. An injury lawyer in Philadelphia can help you determine if you have a legal claim.

You Are Coping With a Case of Wrongful Death

Some birth injuries are fatal. Nothing can adequately prepare you for the myriad of feelings you may experience from losing a child because of a birth injury. However, a birth trauma lawyer can help you get to the root of the case and seek justice.

Injury Resulted in Long-Term Consequences

Your child may survive the birth injury but suffer long-term effects that impact their quality of life. This requires lifelong care in some cases. A Philadelphia birth injury lawyer can guide you in seeking fair compensation to cover medical bills, therapy, rehabilitation, and medical equipment your child may require.

Consult an Experienced Birth Injury Lawyer in Philadelphia

Time is not on your side if your child has suffered a birth injury. You need to act promptly before the statute of limitation bars you from filing a birth injury claim. Our experienced and compassionate birth injury lawyers at McEldrew Purtell can answer all the questions you may have about your child’s injury. Our lawyers will use all of their experience and expertise to give you the best chance of receiving the compensation and justice your child deserves. Contact us to schedule a free consultation, and let us guide you through this challenging time.

Burn injuries are often painful experiences that require weeks of physical rehabilitation. The mental health effects of burns can be lifelong. According to one researcher, in the United States, about 41% of burn injuries are from flames, 31% from scalding, 3.5% from chemical burns, and 3.6% from electrical burns. Thermal burns can come from severe heat, but they may also come from severe cold, such as frostbite [https://www.ncbi.nlm.nih.gov/pmc/articles/PMC7224101/].

A serious burn can be a catastrophic injury that requires extensive medical intervention and skin grafts. Even a less serious burn can impact your quality of life, restricting your movement, causing pain, and preventing you from engaging in life as you once did. 

Burn injuries lawyers can make the road to recovery a bit easier by safeguarding your legal rights and working with you to pursue fair compensation.

What Does a Burn Injury Lawyer Do?

Burn damage can come from many different causes. Often the event that led to the burn accident becomes a legal issue. It might be possible to sue if the burns were because of another person’s negligence. Examples of possible negligence include:

• Car accidents
• Construction accidents
• Medical malpractice
• Defective products

A burn injuries lawyer uses investigation and evidence-gathering to help determine what happened. Working on behalf of burn injury victims, they assess who might be at fault. Then they can file a lawsuit, insurance claim, or other legal mechanism to seek the compensation you are entitled to receive. 

6 Signs You Need To Hire a Burn Injury Lawyer

As a burn injury victim, you need to devote your time and energy to healing. A burn injury lawyer can provide the help and guidance you need, particularly if you encounter roadblocks in getting financial support. 

Severe Burn Injuries

If you have severe burn injuries, a burn attorney can provide legal support to access the right medical treatment and to seek coverage of your medical costs. Even if your burns heal, you might experience long-term physical, mental, and emotional side effects from the accident. 

The severity of a burn injury is determined by the extent of the burn and how deeply it goes into the body, as follows [https://www.ncbi.nlm.nih.gov/pmc/articles/PMC7224101/]:

• First-degree burns affect only the outer layer of skin
• Second-degree burns affect deeper skin layers and may require surgery to heal
• Third-degree burns go through all layers of skin
• Fourth-degree burns go through the skin to the underlying muscles or bone

Burn victims require immediate medical attention, especially if they experience severe burns. It can take many weeks to heal from severe burns, and even if a person does heal physically, there might be noticeable scarring and long-lasting consequences on mental health.

The course of your recovery from severe burns might be unpredictable, even if you are working with excellent doctors. A burn accident attorney can help you retain your legal rights to seek compensation from those who caused your injuries.

Liability Is Being Questioned

Sometimes a person with a burn injury has a conflict with the individual who might be responsible. A person with electrical burns from a defective household appliance, for example, might get resistance from the product manufacturer. In these cases, it’s particularly important to work with a burn injuries attorney. They can make it clear to the company that you are serious about asserting your legal rights, including going to trial if necessary.

Delayed or Long-Term Health Complications

Even the best doctors can underestimate the depth and severity of a burn injury. It might take a few weeks to determine whether a burn has penetrated the deeper layer of skin [https://www.ncbi.nlm.nih.gov/books/NBK430795/]. Many people also experience long-term mental health complications of burn injuries, such as [https://www.ncbi.nlm.nih.gov/books/NBK430795/]:

• Psychological trauma
• Post-traumatic stress disorder
• Lower body image

Therefore, your medical needs might change over the course of your recovery. A burn victim lawyer’s responsibility is to preserve your legal right to pursue fair compensation. That includes not settling an insurance claim or burn injury lawsuit before knowing the full extent of your physical, emotional, and financial losses. 

Insurance Company Disputes

Insurance coverage can provide welcome relief after a serious accident or injury. However, sometimes insurance companies makes it difficult to pursue the compensation you deserve. Some examples of disputes you might have after a burn injury include:

• Denial of your claim for medical compensation
• Denial of your claim for income replacement or disability
• Insurer saying your benefits are “maxed out”
• Insurer saying certain treatments are not covered
• Insurer asking for additional medical opinions or more documentation

If you experience any roadblocks to obtaining an insurance payout, a burn injury lawyer can step in as your advocate. That might include speaking to the insurer for you or gathering additional documentation about your medical, psychological, and support needs.

Loss of Income and Wages

Rehabilitation and healing take time after a burn injury. You might lose income or wages because of time away from work. A burn injury lawyer can assist with this, whether it is helping you with your insurance claim or including your income loss as part of a burn injury lawsuit.

Emotional Distress, Physical Pain, and Suffering

Serious burns can be considered a catastrophic injury. Although there’s no legal definition of catastrophic injury, it might help to think of it as a life-changing injury. You might be able to live a full and meaningful life after the injury, but you will probably need support to do so.

Financial compensation cannot undo the damage from severe burns. However, compensation for your experience of emotional distress, physical pain, and suffering can help you access the support you need to move forward. If you are living with a catastrophic burn injury, your best chance of getting fair compensation is working with a burn injury attorney.  

Consult an Experienced Burn Injury Attorney

A burn injury attorney can answer the questions you have about your case, from typical 2nd degree burn compensation to resources for medical treatment in Pennsylvania. The burn injury attorneys at McEldrew Purtell are dedicated to helping people who have experienced harm. While you heal, we go to work. For a free consultation, contact us today.