If you’ve ever required medical treatment at a hospital — and especially if you’ve had to spend the night — then there are certain truths that you’re probably familiar with. One is that a hospital is the last place you should go if you want to get rest: the rattling of carts, the middle of the night blood pressure checks and medication dosings, the sounds of other patients in nearby rooms all work against the idea of sleeping for more than short spurts. Another thing you often hear about hospital stays is that you should avoid the month of July at all costs – that it is the month when the most medical malpractice occurs. But is this true?

Unfortunately, there is a fair amount of truth to what is known as the “July Effect.” Though most people think it’s because physicians and staff are off on holiday vacations, the real reason behind the uptick in medical errors during the month of July has to do with the annual arrival of recent medical school graduates.

Medical schools graduate their students at the same time of year as most other schools – in late spring — and those students head off to their residencies in July. Though they have had some exposure to hospitals during their med school training, this inexperienced group is officially staff, and they are responsible for much of the care that patients receive, especially as the more experienced residents who have completed their residency leave to pursue their own practices.

Though some argue that the July Effect is merely a myth, there is some evidence that supports its truth. Studies have shown that the rate of fatality of high-risk heart attack patients was higher in July at teaching hospitals (which utilize recent medical school graduates) than in non-teaching hospitals. Other studies contradict these findings, with some saying that hospitals, where recent medical school graduates are arriving, are providing additional oversight through experienced staff physicians and nursing staff to ensure that mistakes do not occur.

It is hard to predict whether a hospital’s provision of care will fall short at any time of year, and more importantly, it is often hard to plan when you are going to need medical care. If you suspect that you received treatment that was not up to the standard of care expected and it resulted in your being harmed, you need to speak to an experienced medical malpractice attorney. Contact our office at your earliest convenience to set up a time to come in and speak to us.

• Trying to make the light – In many cases, a driver who is in a rush or who is driving too fast will speed up at the sight of a yellow light instead of slowing down as they are supposed to. Not only is this considered aggressive driving, but it risks several different types of accidents. If there is a driver in front of them who does not also choose to go through the yellow light, there is a risk of a rear-end accident. If the light ends up turning red before they reach the intersection, there is a risk of them hitting a vehicle that rightly entered the intersection upon their light having turned green. They are also at risk for striking a vehicle that had been coming from the opposite direction that had been waiting for a break in oncoming traffic. It is worth noting that the faster the driver is operating their vehicle, the greater the likelihood of catastrophic injuries resulting from a collision.
• Failure to obey traffic control devices and signs – This can be a matter of simple carelessness, willful disregard, or distracted driving. No matter what the cause, when a person fails to stop for a stop sign or a red light, they risk the lives of the drivers with whom they share the road, as well as pedestrians and cyclists.
• Failure to yield right of way – In some cases, drivers will not understand the rules of the road or fail to yield the right of way in an intersection, leading to an accident.
• Poor roadway design – If an intersection is frequently the site of intersection crashes, there may be a design problem that needs to be addressed, or some other failure on the part of the municipality to ensure that it is safe.

Proving Negligence in an Intersection Crash

In many cases, the police report will provide almost all of the evidence of negligence that is required in an intersection crash: it is generally clear when a person has failed to obey a traffic signal or a stop sign. Still, additional evidence is always helpful, and may include security cameras from local businesses, eyewitness accounts, cell phone video from witnesses, and traffic light/red light cameras that have been installed on many traffic signals throughout the country.

If you or someone you love has been injured in an intersection collision, you need an experienced personal injury attorney who can help to identify the cause and hold those who are responsible accountable. Contact us today to learn how we can help.

Grayson’s parents are Kira and Alex Charlton, and the couple filed the lawsuit on their daughter’s behalf just a year after she was born. By then it was well established that she was permanently paralyzed from her torso down. She is now in the first grade and is unable to stand without support. She receives physical therapy several times per week and is expected to be in a wheelchair, remain unable to feed herself, and need extensive medical care for the rest of her life.

Evidence presented in the case indicated that Dr. Troy “did not have sufficient training, experience or qualifications to undertake such a complicated delivery.” Other testimony indicated that the delivery had been pursued “aggressively”, with the doctor “grasping [Charlton’s] body and pulling her” through the birth canal. According to an incident report memorialized by a nurse, a loud popping sound was heard in the delivery room, which may explain why the child suffered such severe injury.  Days after her birth, Grayson was transferred to Children’s Hospital of Philadelphia, where an MRI showed “significant birth trauma”.

When a physician and/or healthcare facility is found to have delivered care that was below the standard of what would be expected, those who have been hurt by the substandard care are able to file a medical malpractice lawsuit seeking compensation for medical expenses and other damages. In the state of Pennsylvania, there is no limit on the amount that a jury can award a person injured by medical malpractice for pain and suffering. In this case, the $40 million award was broken down into two categories: $30 million was allocated for medical expenses, while another $10 million was provided as compensation for her pain and suffering.

When a physician or healthcare professional’s negligence results in significant damage, injury, or death, they can be held legally and financially responsible for the harm that they cause. For information on pursuing a medical malpractice case, contact our office today.

While it can be tempting to simply leave your position, this puts the person being discriminated against at an unfair advantage. After all, the person who would be leaving was not the one to create the hostile work environment and should therefore not have to leave, which could put them in a financial bond. Before deciding to leave without the option to file for unemployment, there are other steps that can first be taken.

Professionally Handle Discrimination

Before walking out the door or creating a scene, there are a few steps to follow to ensure you are protected legally during this issue.

1. Inform your employer of the behavior. When possible, ensure there is some type of documentation that you have made a complaint. Be as specific as possible. Rather than saying a coworker makes you uncomfortable, let your employer know the exact offending remarks and behavior. Be clear that the behavior is unwelcomed and unacceptable. In many cases, the employer won’t be too quick to file any papers against the worker in an attempt to resolve the issue internally.
2. Reinforce how serious the situation is. If they do not prove one, ask for a copy of the report of the incident of discrimination or harassment. Also, ask for an investigation into the matter and request some type of corrective action be taken, whether it is against the employee or in the form of a new policy. Be sure your employer understands you are taking the matter seriously.
3. Consider contacting the EEOC. This federal entity is in charge of overseeing compliance with anti-discrimination and anti-harassment laws aimed at the workplace. Contacting the government will show your employer very quickly how serious the situation is.
4. Take notes. In many cases, victims of such harassment will have a diary that details all incidents of discrimination or harassment, complete with times, dates and locations, along with any possible witnesses.
5. Review company policies and state/federal laws. Understand the protections you have and use them in your favor. When a hostile work environment is created, the law sides with the part made uncomfortable, not the offending party.

Getting the right legal counsel can be the most beneficial step. Regardless of where you are in the process of dealing with discrimination, you can contact our team for legal advice on your case.

In this blog, we will outline some of the trending topics in personal injury law and get a deeper scope into the legal world as it affects Eastern Pennsylvania and Southern New Jersey, where our firm proudly serves. Neil Durkin has maintained a two-state practice for over twenty years with over $50 million recovered for clients in personal injury cases. In fact, around 95% of all cases taken by the firm were successful.

Some of our practice areas include:

• Medical Malpractice
• Construction Site Accidents
• Workers’ Compensation
• Employment Discrimination
• Automobile Accidents
• Pedestrian Accidents
• Motorcycle Accidents
• Fall Down Cases
• Products Liability
• Liquor Liability

If you have been injured, don’t hesitate; contact us today. Our team is ready to seek justice for anyone facing injuries due to someone’s negligence or cases involving discrimination. We put our clients first to ensure they get the maximum compensation to aid their recovery and allow them to move forward with their lives. Call our Pennsylvania and New Jersey personal injury lawyers at Durkin Law today to find out how we can help.