Do Medical Malpractice Cases Make Health Care Costs Go Up?

There are many myths in personal injury litigation designed to scare people away from filing lawsuits after being negligently injured. There are 5 common myths in medical malpractice litigation and we want to bring you the truths behind these myths.

1. Malpractice crises are caused by spikes in medical malpractice litigation (ie, sudden rises in payouts and claim frequency)
• Many people believe that medical malpractice cases are on the rise and that payouts are becoming more common and more costly. This is not true according to recent research. A lot of people believe this myth because they only hear about the cases that go to court and receive large jury awards, they don’t hear about cases that are filed and settled out of court or hear about the cases that juries do not award. What many people also don’t know or understand is that just because a jury awards a large settlement; it is rare that the amount awarded by the jury is actually paid out.
  
2. The tort system delivers “jackpot justice”
• There is an assumption that compensation is given at random, meaning that uninjured patients are given millions while patients who suffer unimaginable injuries receive little or nothing at all. According research and comparison over the last 10 years the average malpractice settlement amount was between $400,000 and $600,000. Less severe injuries receive much less than the average, if anything at all. There were of course some cases that were awarded much more, $1 million and up, but these payouts are extremely rare and were only given to patients who had suffered grave and permanent injuries.
3. Physicians are one malpractice verdict away from bankruptcy
• Many people don’t understand that when there is a malpractice claim made, the physician usually pays no money regardless of the amount awarded. Another fact that is important in debunking this myth is that jury trials are uncommon, plaintiff (malpractice victim) victories are even less common, and when a case does go to trial, about 75% of the time, the provider, or physicians insurance company, is victorious. When a plaintiff is awarded a settlement, as mentioned before, payment is almost never as much as a jury awards, and the payment comes from the physician’s insurance company, not the physician.
  
4. Physicians move to states that adopt damages caps
• There is no solid evidence or research to support this myth. In the last ten years states that have damage caps may have a few more physicians than those without, but the difference is very low.
  
5. Tort reform will lower health-care spending dramatically
• Many studies on this issue have found that with tort reform, or the inability to file a malpractice claim or at least cap the amount paid out to malpractice victims, would only result in a 0.4% decline in health care spending but even with that small decline, no effect would be made on premiums for insured individuals. This means that even with tort reform, individuals would still be paying the same amount they are now for health care.

Don’t let myths about medical malpractice lawsuits intimidate or scare you from seeking justice. If you’ve been injured due to the purposeful or negligent act of a health care provider you could receive compensation for your injuries. Our medical malpractice attorneys are here to help you get the justice and compensation you deserve. Please, call us either locally or toll free: 1-800-444-5309 with any questions or concerns you may have.

The Most Likely Offenders of Distracted Driving Are...

April is National Distracted Driving Awareness month. Our law firm is participating in this effort because we know first hand just how dangerous distracted driving is.

This month we are going to focus on the facts, stats, and tips to help you and those you love stop distracted driving. We feel this information will help us all be a little more conscious when we are behind the wheel and hopefully reduce the urge to give in to distractions while driving.

Last week we retweeted an article by The Washington Post that really had an impact on us. The article stated that adults are more likely to text and drive than teenagers. This information was shocking to us, as all surveys and research up to this point has said the contrary. We tracked down the survey results and were again surprised at the information that was found. (click on the photo for full story and results)

 

According to this research, done by AT&T, almost all adult drivers (98%) know that texting while driving is dangerous but half of them do it anyway. This is very sobering information and has made those in our office realize that even if they don't participate in distracted driving, just about everyone else on the road is, which is why it's so important to get the information about distracted driving out there in hopes of reducing that number.

 

If you or a loved one have been injured or harmed as a result of a distracted driver, we can help. Our attorneys have handled numerous cases where an innocent client was harmed because of someone participating in distracted driving. Call us now for a free consultation 1-800-444-5309.

 

For more information and tips and things you can do to help stop distracted driving, click on the links below and continue to follow our posts on Blogger, Twitter, and Facebook. 

AT&T's "It Can Wait" Campaign
USA Today's Article on Distracted Driving
The Washington Post's Article on Distracted Driving

What Should You Do After a Charter Bus Accident?

Tour or charter bus accidents have been making quite a few headlines lately. Just this past weekend a tragic bus accident caused several injuries and even some fatalities, one of those fatalities being a pregnant lacrosse coach.  The driver of the Mlaker Charter & Tours bus, though up to date on bus and driver safety inspections, had lost control of the bus causing it to leave the PA turnpike and crash into a tree. According to the Times Tribune, the bus company had sent investigators to the scene of accident almost immediately after it had happened.

Commercial vehicle insurance companies always send investigators to the scene as soon as possible after an accident happens. If any fault lies on the driver or the company that owns the vehicle, insurance adjusters offer insufficient settlements to compensate any injured victims involved in the crash. It is extremely important to know that you should never accept a quick settlement without first getting legal advice. It is also best to not speak to any insurance adjusters on behalf of the commercial bus, train/subway, truck, or van until you speak with an experienced bus accident lawyer first.

Other important things to keep in mind if you or a loved is a victim in a bus accident are:

1. See a doctor as soon as possible for any medical condition or injuries following the accident. Even if you feel fine at the time of the accident you should still get checked out as some injuries don’t affect you at the time but get worse over long-term periods, especially neck and back injuries.
2. Collecting as much information about the accident as possible is key. Keep copies of any paperwork you receive from insurance companies, take photos if possible, and get names of the driver, adjusters, investigators, witnesses, and other passengers.
3. Again, do not speak with anyone about the charter bus accident except law enforcement officials. Contact an attorney as soon as possible before the insurance companies start calling you for statements.  
4. Never sign anything without first consulting a bus accident lawyer, especially any kind of release form.  
5. The sooner you contact an attorney after being injured in a bus accident, the better. Waiting too long to file a claim for your injuries may cost you as you only have a limited amount of time to do so.

If you or a loved one has been injured or lost a life after riding a tour bus that crashed, being hit by a charter bus while walking on the street, or driving/riding in a car that was hit by a commercial bus, our we can help you. Please, contact our bus accident lawyers immediately so we can begin gathering the facts needed to get you the compensation you deserve. Our attorneys are on-call 24/7, offer free consultations, and you never pay fee unless we win your case and even then you will never pay money out of your pocket, we will be paying you the money you deserve. Call us now for more information at 1-800-444-5309, or visit our website.

Why Hire an Accident Lawyer?

Our attorneys hear, on an almost daily basis, "I have insurance, I don't need an attorney," but the truth is, you may not WANT an accident attorney, but you are certainly going to NEED an accident attorney if you want to get the full amount of compensation you deserve after being injured in an accident.

Here are few reasons why you should at least consult with our experienced accident lawyers after being injured an a car crash:

1. It has been proven that personal injury victims obtain far more money once they hire an attorney
2. Our accident injury attorneys work on a contingency fee basis which means our representation to you is completely free until we win your case, and even then you won't be paying us out of your own pocket, we'll actually be paying you the money you deserve. 
3. Insurance companies job's are to pay you the least amount possible to settle your claim so even though they may offer a quick settlement, it more often than not is not a fair amount.
4. Insurance companies offer the least amount of money to settle a claim and if that offer is not accepted, they purposely drag out the claim to delay paying their clients the money they deserve.
5. Sixteen percent of adults have experienced financial hardship while waiting for a claim to be settled. Don't let this happen to you!

Another reason to consult with our accident lawyers? Aside from our contingency fee representation, we also offer free consultations and our attorneys are on-call 24/7. We're available when you need us, so why not give us a call?

The sooner you contact our accident attorneys, the sooner we can help you get the compensation you deserve after being injured as a result of someone else's careless driving and mistake. You can reach our attorneys at 1-800-444-5309, or you can email us directly from our website.

Enjoy the View?

We're writing today from our Scranton office. Our view? The Natural Gas Company workers drilling out the middle of Spruce Street to correct a gas leak issue. Gas leaks are nothing to toy with, in the event of a gas leak in your area be sure to have plenty of ventilation or leave the premises until it is safe to return. Gas leaks can cause serious repercussions such as carbon monoxide poisoning.

Luckily for us, the gas leak has not affected our office, just the parking in front of our building. This event has reminded us to educate and make people aware of the severe health issues that can occur as a result of carbon monoxide poisoning and what can be done if you or a loved one are ever the victim of an injury or a fatality because of carbon monoxide poisoning.

Carbon monoxide poisoning is the leading cause of fatal poisonings in the United States. Over 200 people suffer fatalities as a result of CO poisoning annually due to carbon monoxide produced by furnaces, ranges, water heaters, home heaters, car exhaust, among other fuel/coal- burning things in the United States. Those who have been exposed to carbon monoxide fumes and survive face extreme medical issues such as anoxia and permanent brain damage. Detecting carbon monoxide is difficult as it is a colorless, odorless gas.

If you or a loved one has been diagnosed with carbon monoxide poisoning, or has sadly passed away as a result of carbon monoxide poisoning can anything be done?

Liability for carbon monoxide caused deaths or serious injuries can fall on a number of people. Manufacturers of furnaces, boilers, water heaters, and generators could be found liable for selling faulty devices. Owners of homes, apartments (landlords), businesses, etc. can be found liable for failing to do anything to prevent carbon monoxide poisoning on their property.

Liability in carbon monoxide cases can involve complex issues. Proving that something a party did or did not do caused the carbon monoxide poisoning can be difficult. Each case is unique, liability isn't always cut and dry, that’s why you need the legal expertise that the carbon monoxide poisoning lawyers at The Pisanchyn Law Firm can provide.

We will begin working on your case immediately to preserve evidence and take the proper measures to get you the compensation and justice you and/or your loved one deserve. Our services to you are free until we win your case and even then you will never pay us out of your own pocket; we only pay you the money you deserve. So please, call us any time and with any questions or concerns you may have. 1-800-444-5309

Please also be aware of any utility you have that may produce these toxic fumes, and follow the Center for Disease Control's tips for reducing the risk of carbon monoxide exposure.

Fall in Love With Pisanchyn Law Firm

Don't have a Valentine this year? Don't worry about it! You can be ours!
 
At The Pisanchyn Law Firm our Pennsylvania personal injury attorneys, Attorney Michael J. Pisanchyn Jr., Attorney Douglas Yazinski, Attorney Keith J. Figured, Attorney M. Lee Albright, Attorney Andrew Ferguson, and our paralegals and staff pledge, without any equivocation, that should you retain us as your Pennsylvania injury law firm, we will represent you skillfully, compassionately, and most of all, aggressively.
 
Choosing a law firm to help you after suffering an injury is extremely difficult. Commitment is hard, we understand. That's why we offer free consultations! Furthermore, our clients pay no fees until we win their case and even then it is never out of their own pocket; we will only be paying you the money you deserve. We will help you through your difficult time. If we cannot do the job we will refer to you the best person who can. Our attorneys are available to you 24/7 including nights, holidays, and weekends, which is more than any Valentine we've ever had!
 
If you've been injured by the negligence of another, be it an automobile accidents, tractor trailer accidents, motorcycle accidents, medical malpractice, workers' compensation, social security, or catastrophic injuries, we can help.

Still not sold? Get to know us better!

• Attorney Michael Pisanchyn
• Attorney Douglas Yazinski

Attorney Keith Figured

• 
• Attorney M. Lee Albright

• Attorney Andrew Ferguson

You can also follow us on twitter, facebook, and google+, or give us a call at 1-800-444-5309 with any questions or concerns about your case you may have.

Happy Valentine's Day, from all of us at The Pisanchyn Law Firm

Why Get a Second Opinion After a Diagnosis?

Our Winter 2013 Newsletter is out! In this edition we discuss medical misdiagnosis.

Here's a brief summary:

There are numerous different types of misdiagnosis and numerous different times for a patient to become the victim of medical misdiagnosis. Something as common as a heart attack is one the of most common misdiagnosed conditions, especially in the emergency room. Other commonly misdiagnosed conditions include cancer, aortic dissections, clogged arteries, and infection.

Towards the end of January we shared information about how common misdiagnosis in the emergency room is, and our winter newsletter continues the information about this scary form of medical malpractice.

Read the whole newsletter or visit our website for more information on medical misdiagnosis.

Misdiagnosis happens at alarming rates and causes injury, illness, and in severe cases, death. Don't be afraid to get a second opinion or even question the doctor that diagnoses you. You can never be too careful with your health. If you or a loved have suffered an injury, illness, or worse from a medical misdiagnosis please contact our Pennsylvania misdiagnosis attorneys now for a free consultation.