5 Common Medication Errors in Nursing

Medication errors can be damaging or even deadly. Nurses are expected to know how to administer medication and provide the proper dosage as prescribed by a doctor. Yet, the causes of medication errors in nursing practices are numerous. 

How common are medication errors in nursing? One study indicated that the median error rate falls between 8% to 25% during medication administration. This occurs when a nurse makes a medical mistake that violates the applicable standard of care. 

These forms of medical error can cause serious damage or even result in the loss of a loved one. When this happens, you deserve compensation. At McEldrew Purtell, our medical malpractice attorneys know that medication errors in nursing are both common and devastating. We are here to help you seek the financial compensation you deserve.

Causes of Common Medication Errors in Nursing

Why do medication errors occur in nursing? There are many reasons, but some of the most common include:

  • Medication errors due to nursing shortage
  • Lack of knowledge by the nursing staff
  • Nurses giving drugs to the wrong patient
  • Distracted nurses dealing with multiple patients
  • Misreading a drug label and administering the wrong medication
  • Incomplete patient information
  • Systemic problems in the medical facility that fails to reduce the risk of medication errors
  • Memory lapses by nursing staff
  • Failure to account for patient allergies
  • Lack of systematic reviews to reduce the occurrence of medication errors
  • Exhausted and overworked nursing staff

Any of these causes or countless others could be why a nursing medication error harmed you. You may be owed significant compensation for what you have been through.

The 5 Most Common Types of Medication Errors in Nursing

While nearly any type of medication error could occur, the following are some of the  most common in the nursing profession:

Wrong Dose

Giving the wrong dose to a patient is one of the most common errors by nurses. A doctor considers a lot of information and training when prescribing a specific dose, and the nurse must prescribe the right amount of the drug. A common saying is “the dose makes the poison.” This simple quote means that the wrong dose of the right medication can have disastrous or even deadly consequences for the patient.

Nurses should be trained to read doctor instructions and double-check for potential errors. They should also ensure they give an appropriate medication dose when administering them to patients.

Wrong Medication

When a nurse gives the wrong medication to a patient, severe damage can result. However, medication is meant to alleviate or eradicate a medical concern, and failure to get that medication could significantly injure the patient. 

Prescribing the wrong medication may also cause harm. Adverse drug events from incorrect medications can include allergic reactions, cardiovascular issues, strokes, and even death. 

The wrong medication is one of the most common examples of medication errors in nursing, often because the nurse is tired or simply not paying attention. This type of medical malpractice could make the nurse and healthcare provider responsible for your harm.

Improper Timing

Improper timing of medication is another common error. Most medications are prescribed in a specific dosage and are to be administered after a set period of time. If a nurse administers the drug too soon or too late the medication may not work as intended. It may fail to fix the problem it was prescribed for or it could cause additional harm.

A typical example occurs in intensive care units with the administration of pain medication. Powerful drugs like morphine are administered at set intervals. Yet, administering morphine too early can cause a deadly overdose, severely impacting a patient and their family.

Failure to Account for Medication Allergies

Nurses are supposed to ask about and check for medication allergies with their patients. Failure to do so could be medical negligence. Medication allergies can cause severe reactions and patient harm. This includes the risk of anaphylactic reactions and other adverse drug effects that can impact a patient’s health.

Lack of Patient Education About Medication Use

Patient education is an integral part of preventing medication errors. Some drugs require little explanation. The dosage may be clear, and how to take it could be straightforward for a patient to understand. Even in these situations, the patient should be asked whether they understand how to take the medication and any risks associated with it.

For more complicated medications, the level of patient education must be higher. For example, a patient using insulin for the first time must understand how to administer it, when, and in what amounts. The patient must learn several aspects of self-care and self-administration of this new medication. If the nursing staff fails to check with the patient or educate them about their new medication, this could be medical malpractice. 

Potential Damages and Compensation for Nursing Medication Errors

The causes of medication errors in nursing practice are numerous, but each may entitle you to financial compensation. Monetary damages help you recover financially and emotionally from a nurse’s medication errors. This compensation may include:

  • Past and future medical costs
  • Costs of rehabilitation services
  • Costs of new medications as part of your treatment
  • Lost income and lost earning capacity
  • Pain and suffering
  • Loss of consortium
  • Loss of enjoyment of life
  • Wrongful death damages

Errors by nurses are common in hospitals, nursing homes, and anywhere else a nurse works. When this happens to you, you could be entitled to financial compensation for the damages you incurred.

How To Seek Justice as a Victim of Nursing Medication Errors

Every year, countless patients are harmed because of nursing medication errors. When this happens to you, the reality is often difficult to bear. You likely suffered physically, emotionally, and financially due to a nurse’s negligence. 

As a victim, you have rights to potential compensation to help you recover your health and your life. An experienced nursing malpractice attorney can help you investigate your case and pursue the monetary damages owed to you.

Let the dedicated medical malpractice lawyers at McEldrew Purtell help you with your case. We have recovered millions for our clients, and we want to help you win the compensation you deserve. 

Contact us today for a consultation.

Strict Liability Tort: Definition, Implications and Examples

Strict liability is a legal standard courts use to determine liability for certain torts. Understanding the implications of strict liability on your legal claim can help you pursue your claim more effectively. The attorneys at McEldrew Purtell can help you with your strict liability tort claims.

Definition and Basic Principles of Strict Liability Tort

What is strict liability tort law?

In American tort law, there are several levels of liability. To understand the implications of strict liability on tort law, it is important to first understand the basic concepts:

  • A tort is an action or omission that leads to injury or harm.
  • Tort liability generally holds another party accountable for their actions via the civil court system.
  • Strict liability torts hold the offending party responsible regardless of the offender’s culpability.

There are three main classes of torts:

  • Strict liability torts
  • Intentional torts
  • Negligence

Intentional torts consider the offender’s intent in connection with the offensive action. Negligence holds offenders responsible for their careless actions. Meanwhile, strict liability disregards the actor’s mental state.

For example, the court views accidentally hitting someone as different than committing battery and intentionally hitting someone.

Strict liability tort law, or absolute liability, differs from strict liability crimes, as the latter falls under criminal law and torts are civil. However, the concept of strict liability remains similar across the civil and criminal courts.

Implications of Strict Liability Tort

Strict liability torts can have different implications than other torts. The courts use a different standard to judge strict liability tort claims. Understanding the legal implications of these torts can help you understand the strength of your claim.

The Impact of Strict Liability Tort on Plaintiffs and Defendants

If someone accuses you of committing a strict liability tort, the court can find you liable if you committed the accused action or omission. The court is not concerned with your fault or intent. The judge does not care if you felt remorse for your actions or if the incident was an honest mistake. Whether you intended the outcome of your actions or acted negligently is immaterial when the court considers strict liability claims.

Strict liability generally allows plaintiffs to prove their claims more easily. Plaintiffs only need to prove the defendant committed the tort. The plaintiff need not prove intent.

Common defenses used by those accused of committing strict liability torts include the following:

  • Assumption of the risk of harm
  • Abuse or misuse of the product
  • Comparative fault

These common strict liability defenses focus on the plaintiff’s role in the accident. A successful defense could convince the court that the plaintiff is fully or partially responsible for the sustained damages.

Strict Liability Tort and Legal Responsibility

If the court finds the defendant liable for committing a strict liability tort, the court may award damages for the harm and injuries caused. These damages may include the following:

Compensatory damages or actual damages: The court awards these damages to compensate the injured party for their losses. Compensatory damages can include property damage, hospital bills for personal injury, and pain and suffering.

Punitive damages: The court imposes these damages on the defendant to punish particularly heinous actions. Punitive damages can be substantial, as courts also use them to warn other parties who may act similarly.

Examples of Strict Liability Tort

Strict liability torts can fall into three common categories. These include product liability claims, animal attacks, and abnormally dangerous activities.

Product Liability Claims

Product liability claims are one common type of strict liability tort that courts hear. In product liability claims, the plaintiff must prove the product is defective. If the plaintiff can accomplish this, the court will find the defendant liable, regardless of the defendant’s intent.

To successfully prove a product liability claim, the plaintiff will attempt to establish the following:

  • The product was not reasonably safe when it was sold.
  • The product seller expected consumers to use the product without additional modifications.
  • The plaintiff used the product as intended.
  • The plaintiff suffered harm as a direct result of the product’s defects.
  • The plaintiff can be compensated for their damages.

Examples of famous product liability claims include the following:

While these product liability claims became well-known, people file less-publicized product liability claims daily. If a defective product has caused you physical harm, consider filing a product liability lawsuit. A personal injury attorney can help analyze the strength of your product liability tort claim.

In product liability claims, you hold the following parties accountable for your damages:

  • The product manufacturer
  • The designer
  • The retailer
  • The wholesaler

Your lawyer can help you determine which parties may be liable for your damages.

Animal Attacks

Animal owners in some states can be held strictly liable for their pets’ actions. Sometimes, the court can hold the owner liable even if they were unaware their pet could be dangerous. 

Alternatively, some states have a one-bite rule. These rules generally protect the pet owner until the animal displays a tendency for violence. 

Generally, the plaintiff must show the court that the animal harmed them, that the animal belongs to the defendant, and that the plaintiff did not provoke it.

Some people keep wild animals that can cause injuries. The owner of a wild animal can be held strictly liable for the physical harm the animal causes.

Abnormally Dangerous Activities

Certain activities are deemed abnormally dangerous by the courts. These are sometimes referred to as ultrahazardous activities.

An abnormally dangerous activity is defined as an activity that is not common and creates a foreseeable and significant risk of injury, even when care is exercised.

If a person conducts an abnormally dangerous activity that results in harm, they can be held strictly liable for their actions.

The Role of an Attorney in Navigating Strict Liability Tort Cases

If you or a family member has been harmed by a strict liability tort, a lawyer may be able to help. The legal system is designed to protect you from unnecessary damages caused by another party’s actions or omissions. Speaking with experienced personal injury lawyers in your area can help you determine the best legal options. 

Whether you were harmed due to an abnormally dangerous activity, an animal attack, or a defective product, the lawyers at McEldrew Purtell are here to help. Contact us today to discuss your strict liability tort claim.

Can You Sue Uber for an Accident?

If you or a loved one has been injured in a recent Uber accident, you likely have questions about your situation. You may have an eligible claim against Uber or other parties to compensate you for your losses. The lawyers at McEldrew Purtell can help you determine your next step.

The Intricacies of Uber Accidents

Similar to other vehicle accidents, like commercial trucking accidents, Uber accidents can happen anytime. If you are involved in an Uber accident, you must know how to react. In many ways, your reaction should be similar to that of any vehicular accident:

  • Check yourself, the Uber driver, and other passengers for injuries.
  • If anyone is injured, call emergency medical services ASAP.
  • If the accident resulted in injuries or significant vehicle damage, call the police. The police officer will file an official report and take witness statements.

Next, you should complete the following Uber-specific actions:

  • Notify Uber of the accident via the Uber application. Alerting Uber of the accident allows them to open a case, which makes it easier to claim compensation.
  • Ensure your Uber driver reports the accident via their Uber application. If they fail to report the accident, it could be difficult to prove it occurred during the rideshare.
  • Ensure your Uber driver takes pictures of each side of the vehicle, regardless of damage.

Once you have completed these steps, you should go straight to medical services for a post-accident examination. This is true even if you feel fine. A doctor can identify unseen injuries that may not manifest until days or weeks have passed. If you delay seeing a medical professional, the insurance companies can argue your injuries are unrelated.

Latent injuries from auto accidents can include the following:

  • Internal bleeding
  • Organ damage
  • Bone damage
  • Strains and sprains

Taking these precautions can safeguard a potential lawsuit against Uber. It is impossible to predict whether you must take your claim to court or if your damages will be promptly covered via an Uber accident settlement. However, your interests are best protected by taking these actions.

Understand Your Legal Rights in an Uber Accident

Uber maintains auto insurance coverage for its rideshare drivers. This insurance policy is based on when the accident occurs:

  • Period 1: The Uber driver is logged into the Uber app but has not accepted a ride. Uber provides the following liability coverage:
    • $50,000 per person injured in the accident
    • $100,000 total injury liability per accident
    • $25,000 in property damage liability
  • Period 2: The Uber driver has accepted a trip and is en route to the passenger. Uber provides liability coverage of $1 million.
  • Period 3: The passenger is in the Uber vehicle during the accident. Uber provides up to $1 million in liability coverage and additional limited coverage for damage to the Uber driver’s car and potential uninsured motorists’ coverage.

If you are injured in an Uber accident, you have limited time to file a personal injury claim. Pennsylvania’s statute of limitations for Uber accidents is generally two years.

Prevention and Safety Measures for Uber Passengers

No one can guarantee your safety when you hail an Uber ride. Even the most cautious Uber drivers can crash. However, if you are taking an Uber ride, there are a few Uber safety tips that can decrease your risks of accident:

  1. Always check your ride before entering. You can match the license plate number, the car’s make and model, and the driver’s photo.
  2. Always start each ride with the app.
  3. Choose safe pickup and drop-off areas.
  4. Always wear your seat belt.
  5. Use the Uber app to share your trip status with loved ones.
  6. Follow your intuition. Do not get into the vehicle if your Uber driver seems impaired, distracted, or exhausted.
  7. End the ride if you feel unsafe. Riders are allowed to end their ride at any time.

These simple tips can help you avoid Uber accidents and serious injuries while traveling in rideshare vehicles. 

The Legal Process for Suing Uber

Can you sue Uber for an accident?

If you have been injured in an Uber accident, the first step is discovering whether your Uber accident claims are valid. Contact a local law firm to discuss the details of your claim with experienced personal injury lawyers. 

If your car accident lawyer believes your claim is valid, they can help you lodge your auto accident lawsuit against Uber.

Steps Involved in Suing Uber for an Accident

The most common way to file an Uber lawsuit includes the following steps:

  1. Hire an experienced attorney familiar with rideshare lawsuit claims.
  2. Gather documentation to prove your damages and losses. Your documentation should include receipts for personal injury, property damage, and all related medical bills.
  3. Communicate with the relevant insurance companies regarding your insurance claims.
  4. Determine which parties will be named in your claim. This could include the at-fault driver, Uber, and other parties.
  5. Gather evidence to prove Uber is liable for your damages. 
  6. Send Uber your demand letter.
  7. Negotiate with Uber regarding an out-of-court settlement.
  8. File your Uber lawsuit with your court.
  9. Argue your case before the court.

While these steps are fairly complicated and require specific knowledge, they should not prevent you from seeking justice for your damages. An experienced Uber accident attorney can help you recover the damages you deserve.

The Role of an Accident Lawyer in Uber Accident Cases

Hiring a knowledgeable Uber accident lawyer can help in several ways. Your attorney can:

  • Simplify the challenging legal tasks involved with filing a claim against Uber
  • Ensure you include all compensable damages in your claim
  • Ensure you name all liable parties in your lawsuit
  • Ensure you receive the compensation you deserve for your losses

An Uber accident can cause significant damages requiring compensation. These damages include the following:

  • Medical expenses
  • Prescription drugs
  • Psychological services
  • Pain and suffering
  • Lost wages
  • Lost future wages
  • Disability and disfigurement
  • Funeral services

Courts may sometimes impose punitive damages for Uber’s role in your accident. While punitive damages are rare, they can be significant. 

An experienced and knowledgeable personal injury attorney familiar with lawsuits against rideshare companies will ensure you receive compensation for all your relevant losses. 

How McEldrew Purtell Can Assist With Your Accident Lawsuit

The rideshare accident lawyers at McEldrew Purtell are ready to provide you with the savvy legal counsel you need. Many Uber accident lawsuits settle out of court. Your Uber accident lawyer will advise you to ensure you are fully informed of your rights throughout the legal process. If you are unsatisfied with any settlement offers, our team will help you take your case to trial.

Contact us today to speak with a lawyer from McEldrew Purtell.

When to Hire an Attorney for a Brain Injury

If your client has suffered a brain injury due to another party’s negligence, they may be able to file a catastrophic injury lawsuit to recover their losses.

Read this guide to learn four reasons why brain injury survivors should hire an attorney and common brain injury types. You’ll also learn how to seek legal representation for your client.

4 Reasons Brain Injury Survivors Should Hire an Attorney

Survivors have four main reasons for hiring an experienced traumatic brain injury attorney:

Loss of Enjoyment of Life

Depending on the nature of their injuries, brain injury victims may no longer be able to enjoy certain activities or hobbies. For example, traumatic brain injuries (TBIs) may lead to poor balance, resulting in an inability to bike or mountain climb.

Fortunately, victims can receive damages for loss of enjoyment of life. However, such losses can be difficult to prove because they’re intangible. If you’re an individual lawyer or a small law firm with limited resources, time and catastrophic injury lawsuit experience, an experienced Pennsylvania brain injury lawyer can evaluate a victim’s situation and fight for their rights on your behalf. 

Accidents That Impact the Brain Can Be Life-Changing Injuries

Like many other catastrophic incidents, accidents that impact the brain can be life-changing. For example, some victims become paralyzed due to brain injuries. As a result, they can no longer eat and walk independently. They may also have:

  • Disfiguring scars and burns that impact their self-image
  • A closed head injury and severe headaches that prevent them from working full-time
  • Amputations that limit their ability to work and live independently
  • Severe psychological issues such as emotional distress, post-traumatic stress disorder, anxiety and depression
  • Cognitive issues such as memory loss

While money can’t fix life-changing injuries, victims can get a skilled brain injury attorney to take legal action and recover past, current and future costs. They can also use the money to get better treatment.

Negligent Parties Should Be Responsible for Medicare Care

Medicare costs for brain injuries can be extremely high. Accordingly, you should consider referring brain injury victims to top law firms like McEldrew Purtell. These lawyers can hold responsible parties liable for Medicare costs. Unlike smaller and less experienced firms and attorneys, these law firms have the money, time, staff and expertise to get your clients the results they deserve. McEldrew Purtell, in particular, boasts:

  • 28 dedicated and passionate legal professionals
  • Award-winning results, including $50 million in medical malpractice recoveries

Seemingly Minor Trauma Can Have Major Implications

Minor trauma — such as minor headaches, sensitivity to light and noise, lightheadedness and balance problems — might be symptomatic of larger issues, such as loss of consciousness, skull fractures and ruptured blood vessels. 

Left unchecked, these minor problems may cause life-altering conditions, such as blindness, slurred speech, seizures, behavior changes and memory loss. Victims may also lose their chance to get the damages they deserve. For instance, they may only get $2,000 for lightheadedness and minor balance problems when they actually deserve $200,000 for a ruptured brain vessel that will later cost them their vision.

The right personal injury attorney can work with doctors to:

  • Identify the severity of the victim’s injuries
  • Identify all consequences of the victim’s injuries
  • Build and advance a case for maximum recovery
  • Hold the responsible party liable for:
    • Economic costs like medical bills
    • Non-economic costs like loss of enjoyment of life and emotional distress

Common Types of Brain Injury

There are many types of brain injuries, including:

  • TBIs: These are brain injuries caused by trauma to the head. Typical causes include assaults, traffic accidents, falls and accidents at work and home. Effects of TBIs can be wide-ranging and depend on several factors, including location, type and severity.
  • Intracranial hematoma (ICH): ICH is bleeding in the brain caused by the rupture of a blood vessel. There are several types of ICH, including:
    • Epidural hematoma: This occurs when a blood clot forms under the skull but on top of the dura, the covering surrounding the brain. Epidural hematomas usually result from a tear in the middle meningeal artery, which runs just under the skull. They’re usually associated with skull fractures. 
    • Intracerebral or contusion hematoma: An intracerebral or contusion hematoma is a brain bruise. It causes swelling and bleeding inside the brain where the head was struck. It usually occurs with skull fractures and other ICHs like epidural or subdural hematomas. 
    • Subdural hematoma: This happens when a blood clot forms underneath the skull and dura, but outside the brain. They’re usually the result of a cut on the brain or a tear in the veins that extend from the brain to the dura.
    • Diffuse axonal injury (DAI): DAIs happen when the brain is shaken back and forth. Patients with DAI have many brain injuries and are usually comatose. 
  • Skull fractures: A skull fracture is a break in the cranial bone or skull. There are four main types of skull fractures, including:
    • Depressed skull fractures: This kind of fracture may be seen with or without a cut on the scalp. In this brain injury type, part of the skull is sunken from the trauma. Depressed skull fractures may require surgery to correct the deformity.
    • Linear skull fractures: The most common type of skull fracture, a linear fracture involves a break in the bone that doesn’t move the bone. Patients can usually resume normal activities after a few days. 
    • Basilar skull fractures: The most severe type of skull fracture, basilar skull fractures involve a break in the bone at the skull base. Patients with this injury often have bruises behind their ears and around their eyes. They may also have fluid draining from their ears or nose due to a tear in their brain covering. 

Seek Legal Representation and Get the Compensation You Deserve

Getting the maximum compensation for brain injuries is challenging. Without the proper resources, expertise, time and energy, you may not be able to get what you deserve.

That’s why you should trust a qualified law firm like McEldrew Purtell. Just tell us about your needs, and we’ll match you with reputable Pennsylvania brain injury attorneys who fit your needs. Besides handling your traumatic brain injury cases, our lawyers can also. Call or email us today to learn more about how we can help you.

How Truck Accident Claims Work

What Is a Truck Accident Claim? 

When a client is injured or suffers the loss of a loved one as the result of an accident with a semi truck or other type of commercial truck, the client may be able to receive fair compensation from the negligent parties. To successfully represent clients in truck accident claims, attorneys must have extensive knowledge regarding the truck and auto accident claims process. In this guide, you will gain information about how the semi truck accident claims process works, what is involved in the settlement process, and how attorneys and their clients can navigate the legal process. 

The Truck Accident Claim Process

After a client experiences a personal injury or a loss due to an accident involving a commercial vehicle, questions naturally arise about what occurs in the truck accident claim process. In many cases, litigation may not be necessary for clients to receive fair compensation in truck accident claims or claims against any other trucking company. Of course, all cases are different. In some situations, insurance companies may deny liability or negotiations may come to a standstill. Your law firm may have no other option but to file a lawsuit against potential parties who may be responsible for your client’s losses. 

If your firm does need to pursue litigation, everyone should understand that the truck claim process is often multi-layered. This process may begin with gathering evidence to prove negligence on the part of the trucking company as well as to identify the party or parties who may be responsible for the relevant truck accident injuries. Additionally, this process may involve an investigation of the accident and accident scene to determine factors that may have caused the accident. 

A truck accident claims process may also involve your firm filing an injury demand letter on behalf of your client. This type of letter is typically filed when attempting to negotiate a fair settlement. Such negotiations may involve working with the trucking company’s insurance coverage provider to obtain a settlement. 

Hire a Truck Accident Lawyer

One of the most important steps an individual who has suffered a loss due to an accident with a commercial truck can take is to hire a truck accident lawyer. Trucking companies fighting litigation involving accidents with their commercial vehicles often have a wealth of resources at their disposal. In order to obtain fair compensation for injuries and losses, victims must ensure they have an equitable amount of resources available. 

Gather Pieces of Evidence and Prepare a Demand Letter

Gathering evidence is one of the most important steps in filing a truck accident claim. In this step, you work carefully with your client to obtain their personal recollection of the accident as well as other relevant information. This information could include collecting medical records, medical bills, police reports, and any other information that may pertain to the case. In this phase, you may also meet with the insurance adjuster, locate eyewitnesses, and speak with legal and insurance representatives of the trucking company. The collection of this information ensures your firm that the client’s case has sufficient merit to move to the next step. 

In this phase, your legal team will have collected the evidence necessary to prepare a demand letter. This letter is forwarded to the insurance company of the trucking company responsible for your client’s injuries. A properly prepared demand letter provides information regarding how your client has been affected both physically and financially. Additionally, the demand letter states a specific financial amount that will be acceptable to compensate your client for their injuries. 

Identify Any Injuries and Property Damage

The amount necessary to fairly compensate your client for their injuries and damage may be based on a variety of factors. These factors will require that any injuries as well as property damage be identified. The final financial amount included in the demand letter should include costs for medical expenses to treat injuries sustained in the accident, income lost while your client recovers from injuries, and pain and suffering incurred as a result of the accident. 

Start Initial Settlement Process

The settlement process is often ongoing and may even begin before your client has retained your firm for representation. It is not unusual for the insurance company covering the trucking firm to contact a client not long after the accident with a settlement offer. This may occur in an effort to prevent the victim from obtaining legal advice. Multiple rounds of negotiation may be required before reaching an acceptable settlement offer. 

Determine Liable Parties

Among the most complicated aspects of a truck accident claim is that there can be multiple liable parties when commercial vehicles are involved in accidents. In most cases, truck drivers are employed by a trucking company. However, the driver may actually transport products for multiple companies. Further complicating the matter is the tendency for trucks to be maintained and serviced by varying companies. The manufacturer and distributor of parts used in the truck could also be liable. The matter can become even further complicated in cases with another type of party involved, such as Budget truck rental accident claims. The driver, the rental company, the service and maintenance companies, and the manufacturer and distributor of truck parts could all potentially have liability in a claim. 

Get Fair Compensation

Obtaining fair compensation for your client requires that your firm have an in-depth understanding of the various factors involved in a truck accident claim. Although many such cases are settled out of court, that is not always the case. In some instances, it may be necessary to go to court to obtain fair compensation for your client. 

Navigate the Legal Process With Trusted Representation 

Successfully handling a truck accident claim on behalf of your client requires targeted expertise regarding how truck accident claims work. On a large-scale basis, such cases may also require significant funding. In the event your law firm does not handle such cases on a regular basis or may not be accustomed to handling truck accident claims on a large scale, it may be helpful to consult with a firm that can provide additional resources.  My Case Direct works specifically to help law firms in Pennsylvania maximize their case value through the formation of strategic partnerships. Contact us today to learn more.

When Do You Need a Birth Injury Attorney?

Childbirth is an emotionally and physically draining experience, and mothers place trust in medical professionals to provide the highest possible standard of care. Unfortunately, negligence, medical errors, and a failure to provide proper care can lead to birth injuries. 

A birth injury attorney can help you seek justice in the event that you or a loved one has been injured during the delivery process. First, it is important that you are fully aware of the types of childbirth injuries and the ways that legal representation can benefit you.

What Role Does a Birth Injury Attorney Play?

A birth injury lawyer acts as an advocate for you and your child so that the parties involved in the injury are held responsible. Furthermore, the long-term effects of birth injuries can be emotionally, physically, and financially draining, and victims may be due compensation. For example, the CDC estimates that the lifetime costs of caring for an individual with cerebral palsy, including but not limited to medical bills, average more than $1 million.  

When you pursue legal action against a medical professional, hospital, or facility due to a birth injury, your attorney will be responsible for: 

  • Conducting extensive research into the circumstances of your case
  • Obtaining witness testimony and medical records
  • Building a case against the medical professionals who delivered the child
  • Filing necessary paperwork within the appropriate court
  • Presenting your case and seeking financial compensation

When you hire a lawyer for a birth injury case, you should feel that you have found an ally who is dedicated to reaching the best possible outcome. 

Examples of Birth Injuries That Could Require a Birth Injury Lawyer

There are many types of birth injuries, ranging from relatively minor to severe or even life-threatening. In order to better establish whether you have a legitimate case, it’s important to first determine what kind of injuries occurred. 

Medical Negligence or Medical Malpractice

While it is not always the case, preventable birth injuries sometimes result from negligence or error on the part of your doctor or nurses. These incidences are more common than you might expect. 

A 2006 report found that there were 157,700 potentially avoidable injuries to mothers and newborns during childbirth. The kinds of malpractice or negligence that can occur include: 

  • Using excessive force on a baby during birth
  • Failing to properly monitor the vital signs of the mother and baby
  • Incorrectly or unnecessarily using tools, such as forceps, during childbirth
  • Neglecting to perform a cesarean section when it is medically necessary

If medical mistakes or negligence caused injury to you or your child, you may have a rightful claim to compensation. 

Brain Damage and Brain Injuries

One of the more common types of birth injuries is brain damage and injuries. Brain damage is more common in delayed birth, in which a mother is in labor for more than 18 hours. One of the more common conditions is cerebral palsy, which can be caused by a number of events during childbirth: 

  • Asphyxiation
  • A head injury 
  • Choking or nearly drowning 

There is no cure for cerebral palsy, and it can impair movement, including difficulties with walking, swallowing, and controlling eye movement. 

Disabilities

A head injury, lack of oxygen, or insufficient blood flow to the brain during pregnancy or childbirth can result in lifelong disabilities. These include attention-deficit/hyperactivity disorder, learning disabilities, hearing loss, and vision impairment. 

Nerve Damage

During childbirth, a baby’s body position or the use of unnecessary force can lead to a spinal cord injury or nerve damage. Some newborns experience brachial plexus injuries, which affect the nerves that provide feeling and muscle control in the shoulder, arm, forearm, hand, and fingers. 

Brachial plexus injuries occur when a baby’s neck is stretched to one side during childbirth. Excessive tension can cause the nerves to stretch or tear. In more severe cases, the nerve roots might be pulled from the spinal cord. 

These kinds of nerve injuries sometimes require extensive interventions, including surgery, occupational therapy, and physical therapy. Experts estimate that they occur in 1 to 3 of every 1,000 births. 

Birth Trauma

Birth trauma generally refers to injuries that occur during the birthing process, including lacerations and bone fractures, as a result of the child’s size or the improper use of birthing tools. Examples of birth injuries resulting from trauma include: 

  • Bruising or marks from forceps
  • Caput succedaneum
  • Cephalohematoma
  • Facial paralysis 
  • Subconjunctival hemorrhage

These conditions are more common during specific circumstances. For example, vacuum extraction is more likely to result in lacerations or caput succedaneum, which is the swelling of the soft tissue of the baby’s scalp. 

Perinatal Asphyxia

Also known as birth asphyxia, perinatal asphyxia occurs when a baby is unable to take in adequate oxygen before, during, or immediately following birth. It can lead to low levels of blood oxygen, or hypoxia, as well as excessive acid in the blood, which is referred to as acidosis. 

Studies have shown that perinatal asphyxia can cause neurodevelopmental impairment later in life. This can affect the motor, sensory, cognitive, and behavioral outcomes of the child. 

What Is the Statute of Limitations for Birth Injury Cases?

The statute of limitations for a birth injury case depends on the state where the injury occurred. For example, in Pennsylvania, the statute of limitations on personal injury caused by negligence is two years. However, if the individual who is injured is a minor, that person has until two years after their 18th birthday to file a case. When the victim is a newborn, the parent can choose to file a case on behalf of the child, or the child who sustained the injury at birth can file a case upon reaching the age of 20.  

Hire an Attorney With the Legal Experience and Background in Birth Injury Litigation

If you or a loved one has experienced a birth injury, it’s important that you act quickly and carefully. While it is vital that your case is filed within the statute of limitations, it is equally important that you find a birth injury attorney with extensive experience and the knowledge necessary to best represent your case. 

For assistance in finding an attorney with experience in birth injury lawsuits, contact the experts at McEldrew Purtell.

What To Look for in Lawyers Who Handle Medical Malpractice

Medical malpractice cases address serious breaches of care by healthcare practitioners. Medical malpractice claims may address medication errors, misdiagnoses, inadequate treatment, and neglect. 

A patient who suffers injury or illness because of a medical practitioner’s negligence can seek monetary compensation through a medical malpractice lawsuit. When pursuing a medical malpractice case, highly qualified legal representation is crucial.

When you sue a medical care provider for malpractice, you benefit from the top-quality legal help of an experienced medical malpractice attorney. Lawyers who handle medical malpractice claims provide unique knowledge and resources critical for a successful medical malpractice lawsuit.

Why It’s Imperative That You Choose the Right Lawyers for Your Case

Every industry has its specialists, and the legal field is no different. Because the law is highly specialized, attorneys often have experience with one area of law but lack deep knowledge in other areas. For example, a lawyer specializing in tax law is unlikely to have the knowledge, experience, and resources to successfully pursue a medical malpractice case.

It is critical to hire an attorney who specializes in medical malpractice lawsuits. For a successful medical malpractice claim, you need an experienced and resourceful legal team who can understand the client’s experience, interpret medical records, and recognize violations of the standard of care.

The legal team must also be well-versed in the legal requirements associated with medical malpractice claims, including the burden of proof, rules of evidence, and statute of limitations.

When you build a medical malpractice case, the right medical malpractice lawyers can make all the difference. Unlike more generalized personal injury practice, law firms specializing in medical malpractice bring categorical knowledge and expert analysis from both a legal and medical perspective.

What To Look For in a Medical Malpractice Lawyer

Even within the medical malpractice field, not all attorneys are created equal. Some medical malpractice lawyers have more experience with particular types of cases. Since medical malpractice claims can be highly technical and very complex, you should look for a lawyer who:

Has Extensive Experience With Medical Malpractice Claims

Lawyers who handle medical malpractice are well-versed in the regulatory and legal requirements for medical treatment. They have handled enough cases to know which legal strategies are most effective. 

Medical malpractice lawyers with sufficient experience can also spot weaknesses in your case and find ways to address them.

Ultimately, a quality medical malpractice lawyer’s goal is to prove to the courts that the medical care practitioner, whether a doctor, nurse, or physician’s assistant, was negligent in their care and that negligence caused the injury. To prove negligence, the attorney must show that:

  • The medical care provider owed a duty of care to the patient.
  • The medical provider breached their duty of care.
  • The medical provider’s breach caused the patient’s injuries.
  • The patient suffered damages or losses because of those injuries.

Establishing negligence in a medical malpractice case requires extensive evidence, including medical records, treatment plans, and expert testimony. The legal team must be able to prove not only that medical malpractice occurred but that the malpractice directly caused the patient’s injuries. 

They must also show that the patient’s injuries resulted in losses or damages. For example, suppose a surgical error requires the patient to undergo surgery to repair the mistake. In that case, the patient could sue for the cost of the second surgery, lost income during surgery and recovery, and pain and suffering from the botched surgical procedure. 

Knows How To Find and Work Well With Medical Experts

A critical foundation of any medical malpractice case is establishing the medical provider’s failure in their duty of care. Medical practitioners must provide medical diagnosis and treatment consistent with the standards of care for their field. If they fail to diagnose or treat the patient properly, they could be liable for the patient’s resulting injuries or illness.

An established medical malpractice attorney should have experience finding and working with medical experts in various fields of medicine. The areas with the most successful malpractice claims include:

  • Dermatology
  • Urology
  • Plastic surgery
  • Ophthalmology
  • Neurosurgery
  • Obstetrics and Gynecology
  • Neurology
  • Pediatrics
  • Pathology
  • Anesthesiology
  • Emergency medicine
  • Gastroenterology

A medical expert working in the same field can establish whether the patient received medical care consistent with established standards. Lawyers specializing in medical malpractice recognize the value of expert testimony in a medical malpractice claim. They will have established relationships with medical experts they know they can trust to provide quality testimony.

Understands Medicine

To establish a medical malpractice claim, a knowledgeable medical malpractice lawyer will have an intimate working knowledge of industry standards. 

Medical malpractice attorneys spend years researching the language and terms associated with medical malpractice. This allows a quality malpractice attorney to review medical records to understand the patient’s underlying conditions and treatment plans. 

While they may not be medical experts, attorneys who handle medical malpractice claims should have a sufficient working knowledge of medicine to review diagnostics, imaging, and treatment plans and establish how the malpractice occurred. 

In addition, a medical malpractice lawyer will know how the medical system functions, so they can determine who is fundamentally responsible for the patient’s injuries. For instance, malpractice can be perpetrated by the treating physician, attending nurse, nurse practitioner, physician’s assistant, or pharmacist. 

The hospital or medical facility could also be liable for a medical malpractice claim if the patient’s injury was due to poor policies or practices.

Has a Track Record of Winning Fair Compensation

An excellent way to gauge a medical malpractice lawyer’s quality is to review their past cases. Lawyers specializing in medical malpractice will have a portfolio of successful case results for medical malpractice claims like yours. 

The primary goal of a medical malpractice claim is monetary compensation for the patient’s losses following a breach of the standard of care. Medical malpractice attorneys with a history of success know how to negotiate a fair settlement value against even the most aggressive or stubborn medical practitioners and their insurers. 

Look for attorneys specializing in medical malpractice who exhibit past success in pursuing maximum settlements and verdicts to cover their clients’ full losses. 

Build a Winning Medical Malpractice Team

Whether you are a patient who suffered at the hands of a negligent doctor or a law firm looking to add an outstanding medical malpractice lawyer to your team, McEldrew Purtell can help you find the right legal services for your needs. 

Our extensive network of vetted attorneys offers experience, resources, and manpower to help you successfully handle complex and large-scale medical malpractice claims. 

How to Prove Medical Malpractice

When you seek advice or treatment from a medical professional, you are placing your health, your safety, and sometimes your very life in their hands. When that medical provider’s negligence, carelessness, or even ill intent causes injury, harm, or death to you or a loved one, it can feel like the worst kind of betrayal. 

Although the laws governing medical malpractice can differ significantly from state to state, if a medical professional has caused you or someone you love to experience an injury, illness, or death, you may be eligible to receive fair compensation to recover from your losses. In this article, we will discuss the inherent difficulties in proving in a court of law that medical malpractice occurred. We will also detail the four elements required to prove that medical malpractice occurred. 

Is Proving Medical Malpractice Really Difficult?

Medical negligence can manifest in any number of ways. Some of the most common causes include:

  • Improper treatment
  • Unnecessary surgery
  • Surgical errors
  • Misdiagnosis, delayed diagnosis, or failure to diagnose a condition
  • Incorrect medication or dosage

Medical malpractice claims are some of the most difficult personal injury cases to prove. So why is medical malpractice difficult to prove? The main reason is that the burden of proof in this type of case is heavier and more complicated than it might be in a typical personal injury case. Medical professionals receive years of education and training. They use methodologies and technologies to diagnose and treat patients that the average person cannot possibly understand. Questioning the judgment and medical choices of such providers likely requires a detailed investigation by independent medical experts. 

In addition to the heavier burden of proof, ever-evolving laws surrounding medical malpractice cases make them notably difficult to win. The fact that these laws vary depending on where you live can add another layer of complexity. Timing can mean the difference between a successful case and one that gets thrown out of court. If you don’t file within the pertinent state’s statute of limitations, there is nothing the court can do to ensure you receive the compensation you deserve. 

Proving a Medical Malpractice Lawsuit in Court

In this section, we will detail how to prove medical malpractice by demonstrating that the four necessary conditions exist in your case.

1. A Doctor-Patient Relationship Existed

You must be able to prove to the court that you had a doctor-patient relationship with the provider in question. Whether you had a single appointment or saw the provider multiple times, you need to prove that you sought medical care and, in doing so, hired the provider, who agreed to provide you with advice or treatment. 

This element is generally the easiest to prove and simply requires that you provide relevant medical records or medical bills that demonstrate you had a doctor-patient relationship with the defendant.

2. The Healthcare Provider Neglected to Uphold the Standard of Care

By entering into a doctor-patient relationship with you, the medical professional took on a duty of care. It is then the legal obligation of the medical professional to provide you with care that meets the accepted standard of care within the medical community. 

This is where the process can become both complicated and expensive. 

Proving that negligence took place in a medical malpractice case requires that you demonstrate to the court that the medical provider did not give you the same reasonable advice or treatment that another medical professional would likely have provided under the same circumstances. 

It can be a challenge to prove that the medical provider failed to uphold the duty or standard of care. You will need to gather all of your pertinent medical records as well as depositions, sworn statements, or testimony from anyone who was involved in your care or who witnessed the provider’s negligent or careless actions or treatment. 

Most states require that you provide the testimony of a medical expert to describe the appropriate standard of care and to discuss how the provider’s conduct toward you failed to meet that standard. The services and testimony of medical expert witnesses can be significantly more expensive than those provided by other kinds of expert witnesses. 

3. That Neglect Caused You to Suffer an Injury or Harm

In many cases, the victim in a medical malpractice suit was already injured or sick when they sought treatment from the defendant. This can add even more complexity to the process of proving that the defendant’s medical negligence or actions — and not the victim’s pre-existing medical condition — were “more likely than not” the cause of additional harm to the plaintiff. The testimony of a medical expert will likely be the key to proving this element of your lawsuit. 

4. That Harm Resulted in Damages

Finally, you must be able to provide evidence that the defendant’s actions directly caused you to suffer actual and measurable losses. Some examples of these losses can include:

  • New injuries, disabilities, or illnesses
  • Physical pain and suffering
  • Psychological anguish
  • Scarring or disfigurement
  • Loss of ability
  • Loss of consortium
  • Medical bills
  • Pharmacy bills
  • Invoices for necessary home or vehicle modifications due to disability
  • Loss of income
  • Lost earning capacity
  • Reduced quality of life

If the provider’s actions caused the death of a patient, the victim’s surviving family members can provide proof of losses such as:

  • Medical bills
  • Funeral and burial expenses
  • Loss of future income and benefits
  • Loss of consortium

Our Medical Malpractice Attorneys Are Here to Assist

Medical malpractice lawsuits are notoriously difficult to win. That’s why you should seek assistance from a personal injury attorney with a significant amount of relevant experience in medical malpractice cases. If you or a family member was the victim of a medical provider’s negligence, carelessness, or bad actions, contact McEldrew Purtell today to speak with an experienced medical malpractice attorney who will fight for the fair compensation you deserve.

Recall Lawsuits: How and When To File

Recalls are often issued by manufacturers to remove defective and dangerous goods from the market, such as faulty products and contaminated foods. This is done to protect the public from physical injuries and potential health risks. However, recalls aren’t always effective, and in some cases, consumers may still be harmed. If you or someone you know was injured by a defective product, you may have the right to seek compensation by pursuing a recall lawsuit.

As soon as a product harms or injures you, you should prepare to file a recall lawsuit immediately. There are typically filing deadlines for these types of cases, and you risk losing your ability to pursue compensation if you don’t meet them. While it may seem intimidating to file a recall lawsuit, having the proper legal representation can make the process feel straightforward and rewarding. When you believe you have a valid claim, get in touch with an attorney. Your attorney can help hold all responsible parties accountable and seek the compensation you deserve for your injuries and losses.

What Is a Recall Lawsuit?

A manufacturer, distributor, or retailer can face legal action if they produce or sell defective products that cause health issues or physical harm. An affected individual or group can file a recall lawsuit against the manufacturers, such as a product recall lawsuit, medical recall lawsuit, or automotive recall lawsuit. The lawsuit alleges that the product is defective and that the manufacturer knew or should have known about the defect but failed to take appropriate action to recall the product effectively. 

How To File a Recall Lawsuit

Recall lawsuits are essential for holding manufacturers, distributors, and retailers accountable and compensating those affected. Whether you are filing a lawsuit for a product recall, medical recall, or automotive recall, it is crucial to know your rights and understand the legal process. Follow the steps below.

Have a Lawyer Check Out Your Case

To ensure that a recall lawsuit has the strongest chance of success, it is essential to seek help from a knowledgeable product recall attorney. Your lawyer may seek compensation for associated medical bills, including those anticipated for future care; lost income due to an inability or decreased capacity to work; and pain, disfigurement, emotional suffering, and loss of quality of life. In some cases, your lawyer may seek punitive damages.

Manufacturers or sellers of recalled products may be required to pay large settlements or damages awards as a result of litigation involving recalls. This gives them a strong incentivize to ensure their products are safe and defect-free as well as to administer a thorough and effective recall campaign when needed. 

Pinpoint Facts and Punitive Damages 

A recall lawsuit must be supported by as much evidence as possible in order to be successful. A pinpoint fact is a specific piece of evidence that establishes the causal link between a defective product and the harm it caused. To support your case, your lawyer will gather evidence such as medical records, product information, witness statements, and other relevant documents. Your lawyer will also help you determine the extent of damages and whether you are entitled to punitive damages.

Punitive damages exceed simple compensation and are intended to punish a manufacturer or seller for their actions in a recall lawsuit. The purpose of punitive damages is to deter others from engaging in similar behavior in the future. When a lawsuit proves that a manufacturer or seller has acted maliciously or recklessly, punitive damages may be awarded to the victim. 

File Your Complaint

Your lawyer will help you file a complaint with the appropriate court. Information about the product, such as its name, model number, and identifying characteristics, should be noted. You should also include a description of the product’s defects and dangers and any injuries or harm caused by it.

Government Agencies Investigate Complaint

Once your complaint has been filed, government agencies may investigate and determine whether the product presents a public health risk. Among these agencies are the Consumer Product Safety Commission (CPSC), the Food and Drug Administration (FDA),] and the National Highway Traffic Safety Administration (NHTSA).

Manufacturers Are Informed, Recall Is Issued, and Action Is Taken

A recall will be issued when a government agency determines that a product is defective or poses a health risk. The CPSC, which works to reduce the risk of injuries and deaths from consumer products, issues approximately 300 product recalls each year, including many products found in childcare settings.

Once the recall is issued, the manufacturer will typically take immediate action and begin notifying consumers of the recall as well as providing instructions for returning the product. This process may involve contacting retailers, issuing press releases, and issuing notices on the manufacturer’s website and social media pages. However, many consumers, unaware of product recalls, continue to use potentially unsafe products. A plan will then be developed to prevent future incidents of this kind. 

When You Should File Your Lawsuit

When filing a recall lawsuit, personal injury lawsuit, or wrongful death lawsuit in Pennsylvania, it is imperative to understand the legal requirements and file the lawsuit as soon as possible. The time limit established by the state’s statute of limitations is two years from the date of the injury or the discovery of it. You may lose your right to compensation if you wait too long to file a claim.

Having the Right Legal Team Makes the Difference

Recall lawsuits can involve manufacturers, distributors, and retailers along with multiple forms of evidence, making them incredibly complex. Having the right legal team in your corner through McEldrew Purtell can make all the difference in your case. Whether navigating challenging legal proceedings or going up against powerful corporations, an attorney can help protect your rights and pursue the compensation you deserve. 

How To Assess a Catastrophic Injury Lawsuit

Any injury can seem devastating, especially when you are hurt in an accident or injured due to someone else’s negligence or bad actions. However, some injuries are severe enough to cause permanent disability and change your way of life forever, such as a traumatic brain injury or a spinal cord injury. These injuries that permanently affect the way you must live your life are known as catastrophic injuries. 

If another person or company caused you to suffer a catastrophic injury, you deserve to receive compensation for your life-changing medical issues. Experienced catastrophic injury attorneys can help you to win the compensation you deserve. In this guide, we will explain catastrophic injuries, how they are assessed, and how to find the right catastrophic injury law firm to help you seek compensation for your medical bills, loss of income, and pain and suffering.

What Is a Catastrophic Injury?

When is an injury considered to be catastrophic? Because personal injury laws can vary from place to place, there is no universal legal definition for the term “catastrophic injury.” 

However, catastrophic injuries are commonly considered to be those that cause serious, permanent physical damage to the body from which full recovery is not possible. These injuries, which are often caused by some type of accident, tend to have a severe effect on the victim’s quality of life and/or their ability to work. Often, when catastrophic injuries occur due to someone else’s negligence or intentional bad acts, the victims decide to file personal injury claims against the at-fault parties, seeking both economic and non-economic damages.

Different Types of Catastrophic Injury

The various types of catastrophic injuries include:

  • Spinal cord injuries
  • Limb amputation
  • Birth injuries
  • Extensive or severe burns
  • Neck injuries
  • Partial or total paralysis
  • Partial or total loss of sight
  • Partial or total loss of hearing
  • Traumatic brain injuries (TBI)
  • Neurological damage
  • Crush injuries
  • Facial injury causing deformity
  • Permanent disfigurement
  • Eye injury
  • Nerve damage
  • Severe organ damage
  • Mesothelioma or other work-related illnesses
  • Multiple bone fractures

Common Causes of Catastrophic Injury

Just as the types of catastrophic injuries can vary, so too can the types of incidents that cause such severe injuries:

  • Motor vehicle accidents
  • Workplace accidents
  • Pedestrian accidents
  • Sports accidents
  • Trampoline accidents
  • Boating accidents
  • Medical malpractice
  • Fires and explosions
  • Bicycle accidents
  • Violent crime
  • Horseback riding accidents
  • Falls from heights
  • Defective products, medical devices, or drugs
  • Toxic substances
  • Construction accidents

How Catastrophic Injuries Are Assessed

Catastrophic injury lawyers assess the amount of damages they seek for clients based on a number of criteria:

Wages and Other Income Lost

Suffering from a catastrophic injury can lead to the temporary or permanent loss of the victim’s income, the loss of professional opportunities as a result of the victim’s disabilities, and the decline in the victim’s earning power. 

Amount of Pain and Emotional Distress Experienced

When you endure a catastrophic injury, you may be entitled to receive compensation for the resulting pain and suffering, including mental anguish.

Medical Care You Need or Have Undergone

Catastrophic injuries can lead to considerable medical expenses. You may require life-saving medical treatment, surgery, adaptive medical devices, and ongoing medical care. If your catastrophic injury occurred due to someone else’s carelessness or bad actions, you should not be responsible for paying for this medical care. 

Some of the medical care for which you may deserve compensatory damages:

  • Pain management treatment
  • Physical therapy
  • In-home nursing care
  • Other ongoing medical services
  • Future expected medical expenses
  • Installation of specialized medical equipment in your home

Out-of-Pocket Expenses for Medical Treatment

Even if you have health insurance, there are always out-of-pocket expenses involved with medical care. If someone else causes you to suffer a catastrophic injury, they should be held responsible for paying these expenses, which can include:

  • Prescription co-pays
  • Doctor visit co-pays
  • Deductibles
  • Hospital bills
  • Ambulance fees
  • Surgery costs
  • Laboratory fees
  • Doctor bills

Loss of Consortium

When it comes to catastrophic injuries, the victim is not the only person who suffers. Such injuries often have a devastating impact on the victim’s loved ones, especially their spouse. Loss of consortium is a legal term used to describe the effect a catastrophic injury has on the victim’s relationships. In Pennsylvania, the victim’s spouse can file a loss of consortium claim for the loss of the companionship and services of the injured spouse. 

Loss of consortium damages compensate the uninjured spouse for the deprivation of:

  • Emotional support and care
  • Comfort
  • Love and affection
  • Companionship
  • Sexual relations and intimacy
  • The ability to have children together
  • Society
  • Services such as caring for children and household chores

Loss of Hearing, Sight, or Overall Quality of Life

After a catastrophic injury, it can be highly distressing to deal with some of the necessary changes in the way you live your life. You may have to become accustomed to functioning without your sight or hearing. You may not be able to care for yourself or your dependents. You may no longer be physically able to work, drive, perform everyday tasks, or enjoy your favorite recreational activities. All of these adjustments lead to a diminished quality of life. 

The court typically considers several factors when quantifying the diminished quality of life, including:

  • The victim’s age
  • The victim’s educational and work background
  • The severity of the victim’s injuries
  • Whether there is any disfigurement
  • The effect on the victim’s happiness, comfort, mental and emotional health, and overall wellbeing 
  • The future consequences of the injury
  • The nature of the activities the victim can no longer perform

Find the Best Personal Injury Attorney for Your Claims

If the negligence, carelessness, or intentional misconduct of someone else has caused you to suffer a catastrophic injury, you should speak with a personal injury lawyer who has significant experience with catastrophic injury cases. We can assist you with assessing the fair amount of compensation you should be awarded when filing a catastrophic injury lawsuit. 

Contact the skilled, experienced team at McEldrew Purtell today to get started.