On that day, Chelsea Rocuba's enjoyable ride as a passenger in an all terrain vehicle (ATV) suddenly came crashing to a terrifying halt. Carbondale Police Officer Timothy Mackrell had just exercised absurdly poor judgment and performed a "pit maneuver" - ramming his squad car into the smaller and lighter ATV carrying Rocuba.
]]> Officer Mackrell achieved his goal: The driver lost control of the ATV and it left the roadway. Rocuba, 17 at the time, was thrown from the vehicle and crashed into the pavement. The young woman suffered serious neck and back injuries.Officer Mackrell actions lead to a 10-day suspension, but his punishment didn't reverse the harm Rocuba suffered. She partnered with Attorney Boyle to file a civil lawsuit seeking compensation for the injuries she needlessly suffered. Now, Rocuba has the money she needs to heal her herself physically and psychologically so she may move on with her life.
The police are supposed to "serve and protect," and that's what the great majority of officers proudly do; however, a few members of law enforcement negligently or recklessly put innocent victims in harm's way. If you or someone close to you has senselessly suffered harm from the actions of law enforcement, contact an experienced Pennsylvania police misconduct attorney to explore your legal options.
]]>The survey didn't directly ask surgeons whether they had a drinking problem or abused drugs, but pieced together responses from various questions pertaining to work, mood and lifestyle. Researchers found dependency or abuse issues present in 15 percent of the surgeons.
]]> Surprisingly, the data showed that 25 percent of female surgeons had a drinking problem, as opposed to 14 percent of men. Although survey responses don't explain the statistical discrepancy by gender, it's likely that women surgeons face more scrutiny and pressure than their male counterparts because the profession has been historically dominated by men.Regardless of what causes drug and alcohol problems in surgeons, it unfairly puts patients at risk of serious medical malpractice. Surgery requires total concentration: an unsteady hand or a judgment error can cost a patient his or her life.
If you or a loved one has been harmed by a surgical mistake, contact an experienced Harrisburg hospital negligence attorney to discuss your legal options for recovering damages.
Source: Reuters.com, "Alcohol problems not uncommon among surgeons: study," Feb. 22, 2012
]]>When a pregnant woman experiences bleeding, a doctor will generally measure the embryo and the gestational sac using an ultrasound. After seven to 10 days, another measurement will be taken. If the doctor determines that there has not been any measured growth during that period, the diagnosis would generally be that a miscarriage occurred.
]]> Medical study coauthors, Anne Pexsters and Tom Bourne, found that the margin of error in measuring a fetus through ultrasound can range as high as 20 percent. So, if the initial measurement was on the high side, and the follow-up was on the low side, the fetus might appear to not have grown. In addition, the study showed that it's not unusual for a fetus to grow only a little, or not at all, during such a period and still be absolutely healthy and viable."These errors could lead to a false diagnosis of miscarriage being made in some women," the authors of the study concluded.
The authors hope that their work will lead to a review of the guidelines doctors use for measuring fetuses and diagnosing miscarriages, as well as funding for larger studies to establish better guidelines. While these changes will not happen overnight, raising awareness of the potential for fatal medical malpractice under the current guidelines should at least encourage more doctors to exercise the utmost degree of caution in diagnosing a miscarriage.
Source: The Atlantic, "A false positive for miscarriage: Terminating healthy pregnancies," Alice G. Walton, Oct. 21, 2011
]]>These tragic numbers are driven largely by the curbside bus industry whose accident rate is seven times higher than other interstate bus operators. Curbside operators average 1.4 fatal accidents for every 100 vehicles versus the 0.2 for conventional bus operators.
Some of the factors responsible for this contrast are as follows:
]]> • Lack of adequate resources for the Federal Motor Carrier Safety Administration (FMCSA). The 878 inspectors are expected to enforce safety regulations with 765,000 bus companies. An inspection of one bus company may take two weeks or longer.• The safety administration lacks the authority to regulate online broker ticket sales. This is how the majority of curbside bus companies sell their tickets.
• Curbside bus companies are evading safety enforcement by re-opening their companies under different names after being forced to shut down.
• Driver fatigue caused by falsifying logbooks and surpassing the limit on allowed number of driving hours.
• Curbside bus companies listing incorrect addresses or phone numbers, making it difficult to schedule and keep up on required inspections.
• Operators sometimes register with incomplete information, making it difficult for safety administrations to keep track of the company.
In short, curbside operators are not following safety regulations to the same degree as traditional operators, causing curbside buses to be more dangerous.
The curbside bus fatality rate has caused an increase in efforts to improve the level of safety in the industry. Some of these efforts include the following:
• Pushing for tougher bus safety regulations.
• Introducing legislation that would increase the quantity of federal bus inspectors, as well as require carriers to be publicly graded on their level of compliance with safety regulations.
These efforts would force curbside operators to either comply with safety regulations or lose business as consumers become aware of the differing level of safety between curbside and traditional operators.
Ultimately, bus safety is the responsibility of the busy company - not the government. If you or a loved one is seriously injured or killed in a bus crash, contact an experienced Harrisburg public transportation accident attorney to discuss your legal options for recovering damages.
Source: hamptonroads.com, "A bus by any name is hard to regulate," The Virginian-Pilot, Jan. 9, 2012
]]>The motorist was driving north on the turnpike when a steel beam struck his van and tore the roof off, instantly turning it into a crudely-made convertible. Amazingly, the 64-year-old man survived the nearly fatal accident, suffering only a broken thumb and lacerations to his face and hands. He was treated at the hospital and released in a matter of hours.
]]> Both NJ state police and the construction company - PFK-Mark III, Inc. of Newtown, PA - are investigating the accident, but it's obvious that jobsite negligence nearly caused the death of a man. Preliminary findings reported that the construction crew was using a crane to raise the beam, but the beam pivoted and swung across the turnpike.If you or a loved one is seriously injured or killed in a construction accident, contact an experienced Pennsylvania construction accident attorney to discuss your legal options for recovering damages.
Source: NBC10 Philadelphia, "Steel beam smashed NJ Turnpike driver, man survives," Teresa Masterson, Jan. 19, 2012
]]>Harrisburg is a logical place to host the trial because it's not far from the sites of the alleged child abuse and is sizeable enough to deal with the media frenzy that is following every turn of the Sandusky story. Harrisburg has the necessary resources - such as hotels, security and law enforcement - to handle what would be the biggest trial the City has ever hosted.
]]> The Penn State abuse criminal trial will likely have a strong impact on accompanying personal injury lawsuits from alleged victims. Those claiming to be the victims of Sandusky's molestation face tough legal battles where much of the crucial evidence will be testimony-driven and will face a vigorous attack from Sandusky's criminal defense attorney. Any evidence divulged in the criminal trial will likely be used in related civil lawsuits, much like the O.J. Simpson trial.If you or your child has suffered from child abuse or molestation, it's not too late to confidentially discuss your legal options with a Pennsylvania child injury attorney. Although lawsuits usually face strict filing deadlines, the unique circumstances surrounding the sexual abuse of children may merit the court to relax rigid time limits. Contact an experienced Harrisburg personal injury attorney for more information.
Source: whptv.com, "Sandusky trial may come to Harrisburg," Ewa Roman, Dec. 18, 2011
]]>The plaintiffs state that their loved one complained of physical and verbal abuse by the Quadrangle staff. The plaintiffs brought their concerns to the management of the senior home, but they shrugged them off as senile ramblings from an Alzheimer's patient. Unconvinced, the plaintiffs cleverly hid a camera in a clock that they put in the elderly woman's room. The plaintiffs allege that the camera recorded both physical and verbal abuse.
]]> Three women who were aides at the nursing home during the alleged instances of abuse face criminal trials for assault and neglect charges. Sunrise Senior Living, Inc. - the company operating Quadrangle - has not commented on the pending case other than stating that it expected the filing of the civil lawsuit.Nursing home abuse and neglect is a serious problem in communities throughout Pennsylvania. Nursing homes often have inadequate staffing and fail to adequately train and supervise their employees. To make matters worse, instances of abuse, theft and caregiver embezzlement consistently victimize elders and their families.
If your loved one has suffered abuse from a caregiver or nursing home, contact an experienced Harrisburg Pennsylvania elder law attorney to discuss the legal options available to your family. Not only does a personal injury or wrongful death lawsuit help recover financial damages, it holds senior homes and nurses accountable for the pain they inflict upon our vulnerable loved ones.
Source: York Daily Record, "Suit: Pennsylvania care home ignored abuse of Alzheimer's patient," Associated Press, Oct. 12, 2011
]]>Drivers who are texting while driving or reading messages on their cell phones while driving are a particular hazard. Not only are their eyes not on the road, but their hands are not on the wheel and their mind is not on the task of driving. In 2009, 20 percent of all injury-causing accidents were the result of distracted driving. In fatal car accidents, 18 percent involved distracted driving, often cell phone use.
]]> Police will be looking for Pennsylvania drivers who are driving aggressively by:From now until the end of August 2011, state police and some 320 municipal police departments will be monitoring roads that are known to have a high number of aggressive-driving-related crashes. The roadways under surveillance will not be announced and officers will be writing citations.
Pennsylvania currently has no statewide limits on cell phone use while driving. Philadelphia and Harrisburg ban handheld cell phone and text messaging while driving. Wilkes-Barre, Erie and Allentown ban handheld cell phone use (cell phone use is allowed with a hands-free device).
It seems likely that the next legislative session will see passage of one or more cell-phone-related driving bills. That should be good news for all drivers on the road, but especially for the parents of teens, who are statistically at the greatest risk of being involved in a fatal car accident from distracted driving.
]]>You may be considering contacting our law firm after a slip and fall injury, a construction injury or a motor vehicle accident. Please know that we scrupulously follow, monitor and analyze key legal, medical and industrial news that will have an impact on the strategies we will use while protecting your rights if our Pennsylvania law firm represents you.
Once we accept your case, we know it is essential to keep you informed about the legal process to enable you to make better decisions about your own case. This blog page provides insight into relevant case law and court decisions in the legal areas of greatest importance to our clients and their legal issues. Periodically, we will update the information and blog topics, so please return often to see our most current post and comments.
Our eastern and central Pennsylvania personal injury law firm has always placed an emphasis on personalized attention and responsiveness to our clients' concerns. Your input is helpful. We take your comments seriously, and invite your feedback about this or any future blog posts on this page. Thank you for visiting. Call us in our Philadelphia, York or Camp Hill law offices at 717-461-7912. You may also contact the law offices by e-mail to discuss your specific legal need today.
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