Q. What should I do in case of an accident?
If you're involved in an accident:
- Get medical attention for those injured.
- Call the police.
- If possible, do not move the vehicles.
- Identify those involved including witnesses. Take names, addresses and phone numbers.
- Do not discuss the accident with anyone but the police or your insurance agent or representative until you speak to a lawyer.
You are not required to give a statement to anyone but the police and your insurance company.Q. How do I choose automobile insurance limits of coverage?
- Liability Coverage protects you when you cause injury to others. In other words, if you cause someone to suffer injuries in an accident, your liability coverage is the limit that person can recover for injuries and damage. Your assets are protected up to that amount.
- Uninsurance Coverage protects you and your family when you or a family member is injured in a motor vehicle accident by a driver who has no automobile insurance.
- Underinsurance Coverage protects you and your family when you or a family member is injured in a motor vehicle accident by a driver who has insufficient liability coverage to compensate you for your injuries and damages.
Q. Should I choose full tort or limited tort automobile insurance?
The choice you make when you purchase or renew your automobile insurance can have important consequences for you and your loved ones in the event of an automobile accident. Our experience has been that some people do not fully understand the significance of the choices they make when they choose "Full" or "Limited" Tort.
In most circumstances, by selecting "Limited" Tort you are "limiting" the items of damages you may otherwise be entitled to if you had selected the "Full" Tort. Although it may be somewhat cheaper to purchase the "Limited" Tort, we have found that the costs saved pale in comparison to the compensation you may be entitled to receive for your injuries.
Limited Tort- Unless you suffer what others consider a "Serious Injury", "Limited" Tort generally limits you to the following items:
- Medical Bills
- Lost Wages
- Out of Pocket Expenses
We have found that since most people have adequate medical coverage, one who selects the "Limited" Tort receives little or no recovery for their injuries.
Full Tort- On the other hand, the "Full" Tort coverage allows you to recover compensation for the following items:
- Medical Bills
- Lost Wages
- Out of Pocket Expenses
- Physical Pain and Suffering
- Emotional Distress, Anxiety
- Inconvenience and Interruption of Activities
If you have any question about these subjects, call us for a free consultation.
Q. Am I required to carry automobile insurance?
Our founding partner, Melissa Scartelli, shares what you need to know:
Q. How long are hospitals required to keep my medical records?
The preservation of medical records is governed by the Pennsylvania Code, 28 PaCode 115.23. It states, “Medical records, whether original, reproduction or microfilm, shall be kept on file for a minimum of seven (7) years following discharge of a patient. If the patient is a minor, records shall be kept on file until his majority, and then for seven (7) years or as long as the records of adult patients are maintained.”
Therefore, the answer is seven years for adults and for seven years after a minor reaches 18 years of age. A hospital is not required to keep the original, but may choose to scan the original into an electronic record or maintain the record on microfilm or some other reproduction.
Q. Am I entitled to a copy of my own medical records?
The right of a patient to his or her medical records is governed by Pennsylvania Statute, 42 Pa. C.S.A. 6155 “Rights of Patients.” It states, “A patient or his designee, including his attorney, shall have the right of access to his medical charts and records and to obtain photocopies of the same, without the use of a subpoena duces tecum, for his own use. A health care provider or facility shall not charge a patient or his designee, including his attorney a fee in excess of the amounts set forth in section 6152 (a) (2) (i) (related to subpoena of records).
Therefore, the answer to the question is “yes.” However, you or your attorney may be charged a reasonable fee for reproduction of the records.
Q. How long do I have to file a medical malpractice case?
The Statute of Limitations in medical malpractice cases is governed by the M Care Act (Medical Care Availability and Reduction of Error Act) enacted in 2002. Because this legislation provides for different deadlines depending on the facts of each particular case, the assistance of an attorney should be sought for a definitive answer on a particular medical malpractice case.
Generally the Statute of Limitations is two years from the date of the malpractice. However, the “Discovery Rule” may extend the time period the deadline begins to run until the individual or a reasonable person in the same situation discovers the injury. In this situation, the deadline is two years from the “discovery” of the harm caused by medical malpractice.
Notwithstanding the “Discovery Rule” the M Care Act includes a Statue of Repose which places a limit on when a victim can file a claim even in cases where the Discovery Rule would otherwise apply. The Statute of Repose prevents a claim from being brought more than 7 years after the occurrence of the injury. There are however, several important exceptions to this rule such as where a foreign body is left in a person after surgery as well as in cases involving minors. Therefore, it is imperative to seek the advice of an attorney to confirm which filing deadline applies to a particular case.
