Driving under the influence is labeled differently in different states. In Pennsylvania, the correct term is a DUI, which stands for driving under the influence. In other states, the offense might be labeled as a DWI, which can stand for driving while intoxicated or driving while impaired.
The medical staff at the Mayo Clinic define “Cerebral palsy” (CP) as a general term for a group of disorders that appear during the first few weeks, months, or years of life and affect a child’s ability to coordinate body movements. Cerebral palsy can cause muscles to be weak and floppy, or rigid and stiff.
In the United States, there is an estimated total of between 70 million and 100 million people who have some type of criminal record. And for many of them, elements of everyday life such as finding an apartment, job, or applying for loans are often very difficult, if not impossible.
If you or a loved one is the victim of medical negligence, personal injury, or car crash, the overwhelming situation may leave you feeling helpless. And after a severe accident, it’s normal to have questions. What will recovery look like? Is it too soon to return to work? What are the next steps?
Every Pennsylvania resident knows there are laws against drinking and driving a motor vehicle. But there are also strict laws in the Commonwealth against boating under the influence of drugs or alcohol. In fact, there are five separate classifications of BUI under Pennsylvania law, each with their own set of criminal penalties.
When you file a personal injury claim for yourself or on behalf of someone else, one of the first things to understand is that the medical records (and your medical history) are going to be a main focus, since you're essentially asking for compensation for injuries ("damages") from the at-fault person or business.
While the majority of healthcare providers aim to maintain the highest standard of care for all patents, there are times when things can go gravely wrong. If you feel like when you go to the doctor, you’re not getting the attention you need, or that the doctor was rushed and barely gave you the time of day, or you suspect that you may have been misdiagnosed – you’re not alone.
Swimming pools are a great way to relax and beat the heat on a summer day. However, pools often become the site of serious accidents when proper safety precautions are not followed. Swimming pool accidents can result in injuries and even death, that oftentimes could have been prevented.
Ride-hailing services have become increasingly common in American towns and cities in recent years. While Uber and Lyft have been credited with keeping impaired drivers off the road, the increased presence of ride-hailing drivers means more cars are on the road and the risks of traffic-related deaths have increased as a result.
Drinking and driving is a criminal offense that can be life altering in many ways. Not only is it extremely dangerous and completely avoidable – especially with such easy access to ride-sharing services like Uber and Lyft – but it can also result in jail time, loss of driving privileges, and can be a huge hit financially.
The primary difference between state and federal crimes is that a state crime occurs when an individual breaks state law while a federal crime occurs when an individual’s offense breaks federal legal code. In one way or another, a state’s laws will vary from those of another state, while federal law is uniform across the United States.
According to the National Center for Biotechnology Information (NCBI), close to 6,800 prescription medications and countless over-the-counter drugs are available in the United States. To further complicate a practitioner's responsibility during patient care, there are thousands of health supplements, herbs, potions, and lotions used by the public regularly to treat their health problems. With the number of substances on the market, it is conceivable that mistakes can be made when practitioners prescribe or dispense drugs. Added to this is the high risk of interaction between substances.
The snow has melted, kids are gearing up for a break from school, there are more opportunities to get outside and enjoy warmer weather, and the roads have cleared, making it easier to travel. But unfortunately, some people will not be able to enjoy this beautiful season because they have unexpectedly been injured in a accident. Stay safe throughout the spring by learning how to avoid these common spring accidents…
Defective product liability claims often arise when the victim of an incident has been injured by using a product in standard or regular utilization of the item. There are many factors that must be considered for these cases to be considered valid; the person harmed in the accident must have been injured or have suffered some manner of loss.
According to the National Highway Safety Administration (NHSA), drunk driving claims more than 10,000 lives each year. This breaks down to about 30 lives a day—that’s one person every 50 minutes who dies in an alcohol-related crash. On top of this, millions more sustain injuries that can cause lifelong debilitations and emotional trauma. Needless to say, drunk driving is a serious problem across the United States.
In most states, “wrongful death” occurs when someone dies due to the intentional action or negligence of another person or company. Title 42, Chapter 83 of the Pennsylvania General Statutes, Section 8301 defines a wrongful death as one that is “caused by the wrongful act or neglect or unlawful violence or negligence of another.” More often than not, the actions that caused the death have to be the same type of actions that support a personal injury claim.
Peloton Interactive is recalling both its Tread+ and Tread treadmills following more than 39 incidents, including the death of one child and dozens of other instances where users sustained injuries such as broken bones and cuts, announced today by Peloton and the U.S. Consumer Product Safety Commission (CSPS).
Cycling has become increasingly popular, especially in larger cities where commuting with vehicles is not deemed essential. As we approach the spring season, children and adults will be riding bicycles for fun, fitness, or transportation - many on sidewalks or even on the road.
Living in Northeastern Pennsylvania we are no strangers to winter storms. Winter driving conditions like snow and ice dramatically affect one’s driving behaviors. For example, a driver’s ability to stop smoothly and safely can be severely limited because of reduced tire traction.
All of us have walked in a parking lot before. So you likely know how easy it can be to slip and fall, especially with the winter weather we have been experiencing recently. Some causes of slip and falls in parking lots include: slippery, wet surfaces, pavement dangers, wheel stops, poor lighting, and distracted drivers.
A criminal record can be permanent. It can prevent a person from securing employment, from being accepted into college or graduate programs, or from being approved for a lease or mortgage. Even if a criminal arrest does not result in a conviction, the record of arrest can remain public. Under certain specific circumstances, it may be possible for a person’s arrest or criminal record to be “expunged”, or removed from the public record.
What do you think of when you hear the term “elder abuse”? Maybe you picture an older woman developing bed sores from neglect in a nursing home or a phone scammer taking advantage of a man with dementia. Maybe you imagine the people who harm the elderly are actually their caregivers.
At some point in each day, we all walk somewhere outside — parking lots, sidewalks, or even busy streets. Would it scare you to know that on average 13 people per day are killed while walking in their local area? This is oftentimes because pedestrians aren’t always seen or given the right-of-way.
Being involved in a car crash is stressful enough without having to worry about sticking to a to-do list afterwards. But, there are a number of things you can do in the immediate aftermath of a crash that will go a long way toward protecting your legal rights.
Car crashes happen regularly in Pennsylvania. If it happens to you, it’s important to contact a car crash attorney from Scartelli Olszewski, P.C. to represent you. We have years of experience getting our clients the compensation they deserve for their damages and injuries after a car wreck. Our car crash attorney team is always ready to help those who have been injured by negligent drivers. These cases can be complex, and hiring an attorney will only help the process.
When people are in intense pain, doctors are likely to prescribe opioid painkillers. These painkillers can lessen pain and make someone feel “better” despite an injury, but the use of these painkillers comes with a risk: the development of painkiller addiction. Studies suggest nearly 8-12% of patients who receive opioid painkiller prescriptions develop opioid-use disorders.
Because of COVID-19, many of us are turning to online shopping for our groceries and other essentials more than ever before. Adobe Analytics predicts that online sales for the months of November and December 2020, in the United States alone, will reach a total of $189 billion. This represents a 33% year-over-year increase and sets a new record.
Car crashes can happen at any time and anywhere. However, when bad weather is involved, the chances of a crash increase exponentially. According to the Federal Highway Administration, nearly 22% of auto crashes each year occur in bad weather such as rain, sleet, snow, fog, heavy winds, or ice.
Many of us know someone who lives or has spent time in a nursing home. There are more than 16,000 nursing homes in the United States that house approximately 2 million residents. While we expect nursing homes to provide a safe environment and skilled-care for our loved ones, many fail to meet this expectation. This is called nursing home neglect. What are the warning signs you should be looking for?
Northeastern Pennsylvania is no stranger to the rain, especially this time of year. In short, rain reduces our visibility, response time, and ability to control our vehicle, which increases the risk of car accidents. Let’s take a look at some safety tips to minimize the risks of an accident and injuries while driving in the rain.
Insurance companies like to promote that they are there to serve you, but unfortunately, these large corporations are often just there to serve themselves. You give your hard-earned money to these companies in the form of insurance premiums, and in return you deserve protection and honesty.
Summer means new, outdoor activities and with it comes lots of fun. But what we don’t want this season is a trip to the emergency room. NEPA offers beautiful lakes and pools but water accidents, injuries, and deaths are a daily occurrence. The most common water accidents are: Boating/Jet Ski Accident: Boating and jet ski accidents are usually caused by one of three factors: an inexperienced boater, a boat manufacturing malfunction, or an intoxicated operator. In particular, alcohol use, combined with frequent distractions on the water, can be an accident waiting to happen. According to the U.S. Coast Guard, alcohol is involved in about a third of all recreational boating fatalities. Remember to always wear a life jacket and never hop in a boat with an intoxicated driver. Swimming Pool Accident: While many people think of poor swimming skills as a chief precursor to drowning, pool-based injuries often result from poor supervision or pool design flaws. Some common accidents are:
Children dying from heatstroke in cars has significantly increased over the past few years. In April, the first vehicular heatstroke death of 2020 tragically occurred when a toddler in Texas left his home unsupervised and climbed into an unlocked, parked vehicle. His death follows 52 hot car deaths in 2019 and a record 53 in 2018. While some parents knowingly leave a child in the car and some children gain access to an unattended vehicle, a shocking 54% of hot car deaths are the result of a parent (or caregiver) forgetting that a child is in the car.So how can hot car deaths be prevented?
According to the League of American Bicyclists the number of bicycle commuters in the U.S. grew by more than 62% in the past 10 years. As bicycle transportation becomes more and more common, we should all be aware and considerate of bikers all year in order to keep our roads both active and safe. In an effort to reduce accidents, a number of states have adopted the “Share the Road” sign, a campaign started in 1997 to alert motorists that they should expect bicyclists on that road. But even with a cautionary sign, what exactly should you do, as a driver, to effectively share the road?Here are some tips…
It goes without saying that when you schedule a ride sharing service such as Uber or Lyft, you expect a normal, smooth ride to your destination. But what if it’s not? What if your driver gets in an accident and you’re injured? Uber and Lyft both have safety policies on their websites in case of an accident, but they’re pretty vague and geared toward the driver. Both instruct their drivers to always call 911, make sure their passengers are okay, and get medical attention if needed. Lyft even has a “Trust and Safety Team,” which reaches out to passengers in the event of an accident with insurance information and attempts to take control over the situation. But there are still a number of things you can do to make sure you are in charge of your own safety. If you were in an accident while in an Uber or Lyft, always take note of:
Hit and run accidents are extremely common and have been on the rise, occurring way more often than any of us would like to believe. In 2015, there were over 2,000 reported hit-and-run accidents every single day. So, what is a Hit and Run?A hit and run accident occurs when a person involved in a car accident leaves the scene without stopping to exchange information or wait for the police to arrive. A hit and run accident may create injuries or death to people, but it can also damage property, even if other people are not involved. For example, hitting a mailbox or a parked car, running over a sign, or crashing into just about anything that is someone else’s property. Of course, damage to a person is most often the result, and also the main cause of panic to the driver who flees. Why do drivers flee?Any type of car accident can spur basic human instincts: if we feel we’ve done something wrong, our first impulse could be to flee the scene out of fear. In some cases, a driver leaves a crash scene because they have an outstanding warrant for another crime. Other times, the driver is under the influence and does not want to be charged with a DUI. There are also cases where drivers do not have a valid driver’s license or they are an illegal immigrant who fears deportation. In addition, some drivers flee accident scenes because they are uninsured and don’t have the financial means to cover any damages.What to do after a hit and run accident…
Elevators are considered one of the safest forms of indoor transportation, we even tend to assume that the ones we use every day are working properly. Unfortunately malfunctions happen, often causing serious accidents that can result in terrible injuries. In the United States, approximately 30 people die and 17,000 injuries occur in elevator accidents every year. Those who are injured in elevator accidents are often mechanics and other elevator repair personnel, but elevator accidents happen to the general public, too. These types of accidents are often due to installation errors, inadequate maintenance, or even flaws in manufacturing. Some common types of elevator malfunction/errors are:
When drug products are removed from shelves and taken off the market by the manufacturers, it is done so in accordance with a recall – either a voluntary or involuntary medicine recall. But what’s the difference?InvoluntaryWhen the FDA finds a flaw, potential hazard, or serious side effect in a medicine, they have the power to request a recall. A recall is a government issued request to retract a batch or entirely stop production of a defective product, specifically medication. Here’s how it works: the FDA ensures that over-the-counter medicine, prescription drugs, and vaccines are safe and effective. New drugs are evaluated by the FDA Center for Drug Evaluation and Research to ensure that health benefits outweigh any potential side effects. It is important to note that this branch of the FDA does not test drugs itself, the manufacturers run tests and send in their results, which are then reviewed by the FDA. It is at this point that the FDA decides if a drug is effective, high-quality, and safe. VoluntaryHowever in some cases, a company may recall a medication voluntarily—meaning they did not receive a request from FDA. For example: a company may discover potentially harmful effects or suspect a batch of medication has been contaminated during manufacturing. The company will then recall the product voluntarily before the FDA gets involved. Additionally, a retailer, such as CVS Pharmacy, can make the decision to remove a product from their shelves based on safety or other concerns for their customers—without a recall request from the manufacturer or the FDA. Product recalls, either voluntary or involuntary, can be costly to a company and its reputation but are overall helpful in limiting liability for corporate negligence.Do you have questions about the differences between voluntary and involuntary medicine recalls? Our experienced team at Scartelli Olszewski can help. Source: https://www.fda.gov/medical-devices/postmarket-requirements-devices/recalls-corrections-and-removals-deviceshttps://www.fda.gov/drugs
While thinking about car accidents our minds typically jump to negligent drivers: speeding, distracted driving, running a red light or stop sign, any careless act that would cause a crash with another vehicle. But what happens when you’re driving and there’s unavoidable road debris that causes an accident? In many cases, the foreign object on the road has been left there by another driver. Common examples of debris that often land on the road include:
Workers’ compensation laws are meant to help employees and employers deal with workplace injuries. It's a “no-fault” system where injured workers receive compensation for lost wages and medical expenses after a workplace accident, and employers get protection from costly lawsuits. But this win-win situation does not always play out fairly in practice, such as when the employer’s insurance carrier denies a legitimate claim. The workers’ compensation system is complex, and your claim could be turned down for a number of reasons. But why? Let’s take a look at the top 5 reasons your worker’s compensation claim may have been denied:
It’s that time of year again — detours, traffic, crazy construction on highways, bridges, and even backroads. Although summer is drawing to a close, road construction season is still in full swing. While road construction can cause delays and headaches for motorists, it’s necessary to keep the workers safe while doing their job. Approximately 20,000 highway and street construction workers are injured on the job annually, the majority involving a moving vehicle. Let’s take a look at some road construction zone safety tips, according to PennDot: DO…
Medical malpractice is a legal cause of action when a health care provider, like a doctor or a nurse, deviates from the accepted standard of care and causes harm to the patient. If you feel like when you go to the doctor, you’re not getting the attention you need, or that the doctor was rushed and barely gave you the time of day, or you suspect that you may have been misdiagnosed – you’re not alone. These things happen more often than you think. Just behind heart disease and cancer, medical malpractice is the third leading cause of death in the United States, as researched by Johns Hopkins Medicine.According to the Journal of Patient Safety, the leading types of medical malpractice in the United States are:
Did you know that September is National Pain Awareness Month? Established in 2001 by the American Chronic Pain Association, the entire month is meant to bring attention to the issues of pain and healthy pain management. According to the National Institutes for Health, chronic pain is the number one cause of long-term disability in the United States. More than 100 million Americans suffer from chronic pain; that’s more than diabetes, heart disease and cancer combined. And 80% of people suffering from chronic pain are between the ages of 24 and 64.
Although almost every state has a minimum insurance requirement you must meet before driving behind the wheel of a car, there are still many people who drive without it—illegally. According to the Insurance Research Council, approximately 1 in 8 drivers doesn’t have auto insurance. Even if you have insurance and follow the rules of the road, you’re still vulnerable to accidents with an uninsured driver.If this happened to you, stay calm and follow these tips:
Have you ever considered calling a ride-sharing service such as Uber or Lyft instead of an ambulance to the hospital? If so, you are certainly not alone. It seems more and more people are using ridesharing as a means of transportation to medical care. There are an overwhelming amount of reasons why people are doing this when they need medical attention. Ambulances can be extremely costly and sometimes not covered by insurance. But why are they so expensive? You are paying for the advanced equipment and technology in an ambulance that you may not actually need or use. Coupled with the fact that Uber and Lyft offer rides within minutes of scheduling, you have a less expensive option for getting to the hospital fairly quickly, especially if it isn’t an emergency.However choosing a rideshare over an ambulance can come with its own risks. Ambulance drivers can run stop signs and red lights and have the sirens to help them do so while staying safe maneuvering traffic in the event of an emergency, while ridesharing cars don’t have this ability. In addition, if you schedule an Uber or Lyft instead of an ambulance, you are likely to be driven by an untrained, “self-employed” person who is driving their own car on behalf of the rideshare company. You are not being driven by EMTs who can help you in the event of any medical emergency or mishap on the way.If you choose to take a rideshare service when you need to go to the emergency room, you are also putting your driver in an uncomfortable position. They are forced to choose between assuming potential liability if something goes wrong. Understandably so, a driver may want to call an ambulance instead of allowing someone who has been bleeding to ride in his or her car. Rideshare companies will clearly want to avoid the legal liability of transporting someone to the hospital when they can.What are some conditions where you should call an ambulance? If you’re having trouble breathing, if you’re in serious pain, if you think you might be bleeding internally, if you’re pregnant, or if you think you might be having a heart attack or stroke (chest pain, numbness, problems speaking), or any other serious complication, it might be best to call an ambulance. Source: https://slate.com/technology/2018/02/when-should-you-uber-to-the-hospital-and-when-should-you-call-an-ambulance.htmlhttps://www.buzzfeednews.com/article/carolineodonovan/taking-uber-lyft-emergency-room-legal-liabilitieshttps://www.nytimes.com/2018/10/01/upshot/uber-lyft-and-the-urgency-of-saving-money-on-ambulances.html
Winter is right around the corner and with it means snow and ice, causing auto accidents left and right. According to NHTSA, Pennsylvania was ranked as the second most dangerous state for winter driving. Coupled with the fact that PA highways are major trucking routes, it can be a scary season for many drivers.