The damages recoverable for insurance bad faith committed in Pennsylvania depend on whether the plaintiff asserts statutory and/or common law claims. In Pennsylvania, there is no common law tort action for the bad faith handling of first party claims – and thus no damages recoverable therefrom.
Attorneys Jerry Meyers and Brendan Lupetin were recently interviewed as part of a report for ABC27.com related to autopsies and medical negligence after a 53-year old woman died following a 30+ day stay in a Pennsylvania hospital. Her family has questions about the care that she received, and whether or not negligence in that care led to her death. They requested an autopsy, and expressed concern about the autopsy being performed by the same hospital that provided her care being a conflict of interest.
Bi-partisan legislation has been introduced in the House and Senate that would partially repeal the Feres Doctrine and allow active duty military to sue under the FTCA when they are injured or killed from medical malpractice. This bill passed Congress on 12/17/2019 and is expected to be signed into law by the President. If this bill becomes law, for the first time in almost 70 years active duty military would be allowed to seek redress from the Department of Defense (DOD) when they are injured and killed due to medically malpractice in military hospitals.
On October 31, 2019, the Pennsylvania Supreme Court handed down its opinion in Yanakos v. UPMC and declared Pennsylvania’s statute of repose unconstitutional. Before the Court, UPMC argued the statute of response complied with Article I, Section 11 of the Pennsylvania Constitution. The Court found UPMC proved the statute of repose was related to the important government’s interest of controlling the rising costs associated with medical insurance and medical care. However, UPMC failed to produce evidence of how the statute of repose actually achieved this government interest.
Lupetin & Unatin has been recognized as a Tier 1 law firm in Pittsburgh, PA for Medical Malpractice by US News – Best Lawyers® in the 10th Edition of “Best Law Firms” released on November 1, 2019.
The firm has also been recognized in previous editions of US News – Best Lawyers® for work in both medical malpractice and personal injury law.
Human Papillomavirus, better known as HPV, is a sexually transmitted infection that affects approximately 79 million mostly young Americans. In recent years, health care providers and researchers have led a concerted effort to stop the spread of HPV and for good reason – not only is HPV the most common infection among Americans, HPV infection causes several types of cancers, including cervical cancer, anal cancer, and cancers of the throat, base of the tongue and tonsils. According to the CDC, every year in the United States, HPV causes 33,700 cases of cancer in men and women.
Each year, attorneys around the United States have an opportunity to nominate their peers to be recognized in Best Lawyers for their achievements in their field. In addition, a single attorney will be chosen as “Lawyer of the Year” for their location and specific practice area. This year, Jerry Meyers was selected “Lawyer of the Year” in the field of Personal Injury Litigation for the Pittsburgh metropolitan area. Jerry was also recognized as a “Best Lawyer” for his work in Medical Malpractice Law (Plaintiffs) and Personal Injury Litigation (Plaintiffs) in Pennsylvania.
Every 4 Seconds There’s a Car Accident in Pennsylvania. This means that you have a 1 in 41 chance of being involved in a car accident – and you need to be prepared for what to do when a car crash happens.
Follow these 6 steps after your car accident, and you will significantly improve your chances of a positive recovery.
There are various types of medical malpractice cases ranging from surgery on the wrong body part, to misdiagnosis of a disease. If a case of medical malpractice is proven to have caused harm to the patient, the patient is entitled to be compensated the amount of money damages that fairly and adequately compensates the them for all the physical injuries and financial damages he or she has sustained.
Neither celebrity or character protect patients from medical malpractice. Note that this matter was settled privately and it is only because of hard working reporters that the public now has been informed. Since most serious cases are settled under confidentiality restrictions there is an ongoing silence about many careless acts resulting in many catastrophically injured patients.
In the moments following a serious slip or trip and fall accident you are not thinking clearly. The last thing on your mind is how you will support your personal injury claim or lawsuit. What you do next can make or break your personal injury claim. The success of a slip or trip and fall lawsuit depends in large part on the evidence surrounding the fall and what the injured persons does in the hours or days afterward.
You suffered a fall due to someone else’s negligence. You were smart and followed the 3 most important steps after your slip or trip and fall: 1. You sought immediate medical care; 2. You made sure an incident report was created; and 3. You took a lot of pictures. Make sure you fully protect your legal rights by following these three key additional steps.
