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Monthly Archives: March 2017

Mar 31, 2017 - Personal Injury

Surgical Instruments Left Inside Patients

In the U.S., medical malpractice – the reckless or negligent actions of medical professionals – results in thousands of serious injuries and even deaths each year.  Shockingly, each year medical instruments are left inside of surgical patients: this is a serious act of malpractice.  Contact the Easton personal injury law firm of Drake, Hileman & Davis, PC today at 888-777-7098 if you have been injured due malpractice of a medical professional. How Often are Medical Instruments Left Inside Patients During Surgery? Unfortunately, medical instruments are left inside of patients far too often.  A CBS News article reported that in the U.S. an estimated 800 people had surgical devices left in them between 2005 and 2013.  Another article released by the Associated Press gave the following examples: A man in Ohio had two surgical towels left in his body after surgery at a Veterans hospital. The man won a $275,000 settlement. California regulators fined a hospital in that state $50,000 for leaving a towel in a patient after abdominal surgery. A Kentucky jury awarded a woman $2.5 million after she required surgery to remove a sponge left inside her after a hysterectomy three years earlier. Unfortunately, part of her small intestine had to be removed. These are just a few examples.  Surgical professionals must take reasonable steps to ensure that instruments are not left inside of patients after surgery.  Sponges, towels, sharp instruments and other items used during a surgery can cause infections, internal bleeding and other serious complications if left […]

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Mar 29, 2017 - Personal Injury

Defective Product Liability Defenses

There are several different ways in which a company will attempt to defend itself if one of its products has harmed someone.  We understand these defenses and what is needed to show they do not apply.  Contact an Allentown injury law attorney at Drake, Hileman & Davis, PC today to discuss any injuries you may have suffered from an unsafe or defective product. What is a Defective Product Liability Defense? In a courtroom each party attempts to prove (or disprove) certain facts.  For example, the plaintiff party will try to show that the company that manufactured or distributed the product knew (or should have known) that the product was unsafe for its intended purpose.  On the other hand, the defense party will try to show that something or someone else was the cause of the injury in question. We work for the injured.  It is our job to ensure that you and your family get the compensation that they deserve for the injuries that you have suffered.  We believe that your family’s safety should always be placed in front of corporate profits and that is why we fight hard for you. What Are the Different Types of Defective Product Liability Defenses? There are several major defective product liability defenses.  Each has a unique legal attributes that the attorneys at Drake, Hileman & Davis, PC have dedicated their careers to understanding.  Below is a summary of those defenses.  Contact us today if you have any questions or concerns. Statute of Limitations. […]

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Mar 27, 2017 - Personal Injury

Dangerous Toys

Manufactures and distributors of dangerous or defective toys may be responsible for the injuries those toys cause.  Those profiting from the sale of a toy must place the safety of a child first.  Contact a Bethlehem accident attorney at Drake, Hileman & Davis, PC today at 888-777-7098 if your child has been injured while using a dangerous or defective toy. Recent Toy Recalls and Toy Recall Statistics The U.S. Consumer Product Safety Commission (CPSC) keeps a list of toys that are undergoing a recall due to their dangerous or defective nature.  Here are some of the most recent recalls: Moose Toys Recalls Toy Frogs. These toys were found to be projectile hazards and leaked toxic chemicals.  The defective toys resulted in at least two injuries severe enough to require an emergency room and doctor’s office visits for eye issues. Chicken Toys Recalled by Bingo Deals. These toys were found to be a choking hazard for children. Alex Toys Recalls Infant Building Play. These toys – which were marketed for infants – have been recalled because they present a serious risk of chocking to infants. CPSC also complies reports on toy-related injuries and deaths.  For example, during the 2015 year, the CPSC received 11 reports of toy-related deaths among children younger than 15 years old (10 of the 11 victims were younger than 12 years of age).  Riding toys were associated with 45 percent of the reported deaths (all of the riding toy deaths were due to motor vehicle involvement). The […]

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Mar 24, 2017 - Articles

Clear that Vehicle: the Dangers of Ice Missiles

As Allentown car accident attorneys, following this most recent snow storm, we’ve been very cognizant of snow and ice flying off the back of moving vehicles. A dash-cam video shows how this dangerous this driving hazard can be. Seeing this, you too must have thought, “That should be illegal.” In some states, it is. On Christmas Day, 2005, Christine Lambert and her family were traveling through Carbon County, Pennsylvania, to visit relatives, when an eight-inch chunk of ice flew off the roof of a tractor-trailer. The flying ice chuck, broke through the windshield of the Lamberts’ sport utility vehicle, killing Christine. The police never identified the driver of the tractor-trailer. In both Pennsylvania and New Jersey, allowing ice and snow to remain on the external surfaces of your car, truck or tractor trailer, can always lead to civil liability for causing injury to another vehicle, operator or pedestrian, but whether the police can issue you a ticket for failing to remove accumulated ice or snow from exposed surfaces on your vehicle, differs between the two states. In Pennsylvania, as a result of Christine Lambert’s death, legislation was passed to add criminal consequences to this behavior. See, 75 Pa.C.S. § 3720 Unfortunately, it only applies if the flying snow or ice actually injures someone or damages something. This would be like only issuing a speeding ticket, if the operator actually caused an accident. It doesn’t prospectively curb dangerous behavior. While this failure to remove ice and snow from the roof, trunk, […]

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Mar 22, 2017 - Personal Injury

Can a Hospital Refuse to Treat or Admit?

Hospitals generally have a duty to help those who are injured and suffering.  Hospitals that refuse to treat or admit the injured and the ill may be responsible for any further harm.  Contact a Doylestown accident attorney at Drake, Hileman & Davis, PC today at 888-777-7098 if you or a loved one was denied treatment by a hospital. Why Would a Hospital Refuse to Admit or Treat? Hospitals are not required to treat every patient that seeks medical help.  Unfortunately, hospitals operate as businesses.  Treating patients – especially the uninsured – is expensive.  Therefore, hospitals make business decisions in relation to how (and even if) a patient should be admitted or treated. Other reasons a hospital may choose not to admit or treat include: The facility does not have the appropriate medical staff or equipment to treat the illness or injury. The hospital has limited resources and cannot possibly manage all cases that come to it. The facility has reason to believe that the patient would be better served at another hospital. There are, of course, inappropriate reasons that a hospital may deny you treatment.  A hospital cannot deny you treatment because of your age, sex, religious affiliation, and certain other characteristics. You should always seek medical attention if and when you need it.  In some instances, hospitals can be held liable for injuries or deaths that result from refusing to admit or treat a patient. When Can a Hospital be Liable for Injuries Caused by Refusing to Admit or […]

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Mar 20, 2017 - Personal Injury

ATV Safety

All-terrain vehicles (known as “ATVs”) come in all shapes and sizes.  They are powerful machines capable of traveling over rough terrain at high speeds.  ATVs are also extremely dangerous.  Safety should be paramount to ATV drivers and passengers.  Reckless or negligent operation of an ATV can lead to catastrophic injury and even death.  Contact one of the Allentown injury law attorneys at Drake, Hileman & Davis, PC today at 888-777-7098 if you or a loved one has been injured or killed in an ATV accident. How Dangerous are ATVs? According to the U.S. Consumer Product Safety Commission (CPSC), “there are more than 700 deaths and 100,000 injuries each year involving ATVs.”  ATVs are very dangerous to operate and riders must always exercise extreme caution when doing so.  In its 2015 Annual Report of ATV-Related Deaths and Injuries, the CPSC found the following: There were 340 ATV-related fatalities in 2015, 547 in 2014, and 581 in 2013. Of the ATV-related fatalities reviewed, 22 percent of the fatalities were children age 16 or younger. In 2015, there were an estimated 97,200 ATV-related, emergency department-treated injuries. The age group of 55 and older was the only group to see statistical increases from 2014 to 2015. These statistics suggests that while ATVs can be dangerous to anyone, younger and older riders are more vulnerable to ATV-related injury or death. What Steps Can My Family Take to Remain Safe While Using ATVs? The CPSC has issued guidelines that should be followed to make the operation […]

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