Dave Landay awarded AV Preeminent Rating by his peers

Dave Landay was recently awarded the “AV Preeminent Rating” by Martindale-Hubbell Peer Review Ratings. The AV Rating is the highest possible rating given by Martindale-Hubbell Peer Review for a lawyer and is established wholly on a peer-review basis. The AV Preeminent designation signifies that Dave has been rated by Judges and fellow attorneys as having the highest possible rating for legal abilities and ethical standards. The “AV Preeminent” rating is awarded to less than five percent of all attorneys across the United States. The Legal Ability Rating indicates professional ability in a specific area of practice and is based on five key … [Read more...]

A Possible Solution to PA’S (UN) Fair Share Act – Maximizing Your Recovery

Pennsylvania recently amended its long-standing law regarding joint and several liablity.  Joint and several liability applies when more than one party is responsible for an injury. Under the old law, any party at least one percent at fault was jointly and individually liable for all of the damages. This protected the injured victim when the most responsible party had insufficient insurance or assets. This has now changed with the recent amendments. The joint and several liability amendments limit the liability of a defendant who is less than 60% at fault to his proportionate share of liability. Under the amendments’ language, however, … [Read more...]

Why Not Cap Hospital CEO Salaries Too?

Governor Cuomo of New York has proposed to cap medical malpractice awards at $250,000. A New York legislator, Deborah Glick, has submitted a bill capping hospital CEO salaries at $250,000 also. If $250,000 is enough to cover a lifetime for a medical error, according to Ms. Glick, then it should be enough for a CEO's yearly salary. What a refreshing idea! … [Read more...]

Not So Independent Medical Exams

Defendants and their insurance companies often schedule an injured accident victim to a so-called "Independent Medical Exam". Most of these exams are a farce. The examiner could write his or her report even without an exam. These doctors are usually bought and paid for by the iinsurance companies. The earn hundreds of thousands of dollars in a single year examining plaintiffs, writing reports and testifying. For a funny but true satirical look at these exams, click below: … [Read more...]

Sobering Drunk Driving Commercial

Many of my clients are victims of drunk driving auto accidents. For anyone who thinks about drinking and driving, here is a very sobering commercial. Click below: … [Read more...]

Many Doctors Disciplined But Escape Licensing Action

According to the National Practitioner Data Bank, from 1990 to 2009, over 10,000 doctors had clinical privilege actions. This means restriction or revocation of their privileges. However, almost 6000 of these doctors had no action taken against them by their state licensing board. Almost 2000 of these doctors had the most serious violations. The state licensing boards are sleeping on the switch. To improve medical care, let's weed out the bad doctors, not worry about tort deform which takes away patients' rights. For more information … [Read more...]

Less Medical Malpractice Lawsuits Being Filed in Pennsylvania

According to the Administrative Office of Pennsylvania Courts, in 2009 there were only 1,533 medical malpractice lawsuits filed in Pennsylvania. This represents a 42 percent decline in medical malpractice lawsuits in Pennsylvania since 2000. … [Read more...]

Hot Coffee Director: Tort Deform Myths

Check out this interview with the director of Hot Coffee. This film debunks the myth that there are too many frivolous lawsuits. Every consumer should watch this movie before being tricked by the propaganda of the insurance industry and Chamber of Commerce. Hot Coffee Interview: … [Read more...]

Medical Malpractice Myths

Here is a video that addresses many of the medical malpractice myths: … [Read more...]

Pennsylvania Car Insurers May Prorate Deductibles

            If you are in a motor vehicle crash and you have collision coverage with your automobile insurance company, your insurance company may pay for the damages to your vehicle regardless of who was at fault. This is often done as a matter of convenience and to expedite payment.  If another driver or entity is at fault, your insurance company will then make a claim for reimbursement against the other driver and his or its automobile liability insurance company.  This is called subrogation.              In Pennsylvania, your insurance company will include in its subrogation claim your deductible, if any.  If your insurance company … [Read more...]

Tort Reform Laws Don’t Lower Healthcare Costs

     Medical providers, their professional associations, and lobbyists often claim that limiting recoveries in malpractice lawsuits will lower healthcare costs.  This is called tort reform, or as some of us like to refer to it, tort deform.         In 2004, Ohio passed a law limiting verdicts for pain and suffering to $250,000 except in catastrophic cases, restricting punitive damages and making it harder to take a case to trial.  Healthcare costs have continued to increase there despite this legislation.  According to the Kaiser Family Foundation, by 2008 the average family healthcare premiums were $11,425, an increase of 19%.        … [Read more...]

US Supreme Court Dismisses Malpractice Claim Against Public Health Service Employees

           Francisco Castenada was being detained by immigration authorities.  He consistently sought treatment for a bleeding lesion.  A physicians assistant and three outside specialists repeatedly stated that Castenada urgently needed a biopsy.  A Public Health Service physician and a Public Health Service officer, however, denied the request.  After Castenada was released from custody, tests confirmed that he had metastatic cancer.              Castenada sued the United States under the Federal Tort Claims Act. He also sued the Public Health Service employees for constitutional violations.  After Castenada died, his heirs became … [Read more...]

Court Orders Pennsylvania to Fund Malpractice Assessment Account

            In Pennsylvania, a medical professional fund, known as the MCARE Fund, has been established.  This Fund is used to pay malpractice claims against medical providers in excess of their basic insurance coverage.  The MCARE Fund is funded by an assessment on each participating healthcare provider.                In 2003, Pennsylvania enacted an abatement law to reduce or eliminate MCARE providers’ required contributions to the MCARE Fund.  To fund the abatement program, Pennsylvania established a special account known as the HCPR Account.  The HCPR Account was, in turn, funded by increased cigarette taxes and a traffic violation … [Read more...]

New England Journal of Medicine Article: Malpractice Reform Should Focus On Disclosure and Early Resolution

             In a recent article published in the New England Journal of Medicine (March 31, 2010), the authors recognize that traditional methods of malpractice reform, such as state caps on non-economic damages, may not be working.  As noted in the article, this past February the Illinois Supreme Court ruled that the state’s cap was unconstitutional.              There are three distinct types of “disclosure and offer” programs.  To discourage lawsuits, each of these programs encourage candid disclosure about medical injuries, apologies when appropriate and providing for the patient’s financial needs, in at least a limited … [Read more...]

Pennsylvania Medical Malpractice Lawsuit Filings Decrease Dramatically

           From 2003 to 2008, lawsuits for medical malpractice cases in Pennsylvania decreased 37% to 41% from the average number of cases filed in 2000 to 2002. This information is from statistics compiled by the Pennsylvania Supreme Court.              Also according to the Pennsylvania Supreme Court, for 2008, the most recent year available, the doctor, hospital or other medical provider won in over 81% of the medical malpractice lawsuits filed.  Here in western Pennsylvania, the medical providers also won the malpractice lawsuits most of the time.  For instance, in Allegheny County the jury found in favor of the medical provider in 14 … [Read more...]

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