The Law Offices of Doroshow, Pasquale, Krawitz and Bhaya

This blog has moved

noreply@blogger.com (Dplaw) — Tue, 23 Mar 2010 20:36:00 +0000

This blog is now located at http://blog.dplaw.com/.
You will be automatically redirected in 30 seconds, or you may click here.

For feed subscribers, please update your feed subscriptions to
http://blog.dplaw.com/feeds/posts/default.

02-15-2010 Video Blog Comments

noreply@blogger.com (Dplaw) — Tue, 16 Feb 2010 03:27:00 +0000

Video Blog Comments: 1009

February 1st, 2010 This Month's blog talks about practice guidelines in medical malpractice cases. What do you think? Comment below and call Senator Tom Carper at 573-6291.

01-01-2010 Video Blog Comments

noreply@blogger.com (Dplaw) — Wed, 06 Jan 2010 02:20:00 +0000

Video Blog Comments: 0909

January 1st, 2010 This week's blog talks about how lawyers and doctors work together to protect consumer rights. What do you think?

12-01-2009 Video Blog Comments

noreply@blogger.com (Dplaw) — Tue, 01 Dec 2009 15:39:00 +0000

Video Blog Comments: 0809

December 1st, 2009 In this blog, I discuss why caps on pain and suffering claims are unfair to the consumer. What do you think? Comment below and call Senator Tom Carper at 573-6291.

10-24-2009 Video Blog Comments

noreply@blogger.com (Dplaw) — Sun, 25 Oct 2009 22:14:00 +0000

Video Blog Comments: 0709

October 25, 2009

This week's blog talks about accident cases and how it is very important to not sign any documents the insurance company may give you without first speaking to an attorney. You should always know your rights prior to ever settling any case directly with an insurance company. Tell us what you think.

9-23-09 Video Blog Comments

noreply@blogger.com (Dplaw) — Wed, 23 Sep 2009 23:23:00 +0000

Video Blog Comments: 0609

September 23, 2009

We agree with President Obama that caps on pain and suffering awards in medical malpractices are not right. How do you feel? Post your comments here.

8-15-09 Video Blog Comments

noreply@blogger.com (Dplaw) — Sat, 15 Aug 2009 21:33:00 +0000

Video Blog Comments: 0509

August 15, 2009

The Bankruptcy Law has wiped out product liability claims against Chrysler and GM. Is this fair? Post your comments.

7-26-09 Video Blog Comments

noreply@blogger.com (Dplaw) — Sun, 26 Jul 2009 21:29:00 +0000

Video Blog Comments:0409

July 26, 2009

Our most recent blog deals with two bills pending in the U.S. House. One bill would okay lawsuits against medical device manufacturers, the other would simplify product liability lawsuits against foreign companies. What do you think? Post your comments here.

5-22-09 Video Blog Comments

noreply@blogger.com (Dplaw) — Fri, 22 May 2009 14:33:00 +0000

Video Blog Comments: 0309

May 22, 2009

Our latest video blog discusses the important role that jurors play in our civil justice system. There has been a lot of criticism about our jury system, but it is a crucial part of our justice system. They keep our courts in line with checks and balances and keep our system in the hands of the people. Our everyday jurors send important messages by their verdicts. Many landmark cases have been greatly impacted by the jurors who served on them. What do you think about our jury system?

5-01-09 Video Blog Comments

noreply@blogger.com (Dplaw) — Sat, 02 May 2009 01:43:00 +0000

Video Blog Comments: 0209

This week’s video blog deals with our civil jury system and the importance of keeping the system fair for all litigants. I talk about the effects of outside communication among jury members, including E-mail and social networking sites during the jury trial and deliberation process. What are your thoughts?

4-14-09 Video Blog Comments

noreply@blogger.com (Dplaw) — Wed, 15 Apr 2009 22:14:00 +0000

Video Blog Comments: 0109

This week’s video blog deals with proposed legislative limitations on pain and suffering awards in medical malpractice cases. I feel strongly that such caps are unfair to the injured victim. What do you think? Post here for comments.

Minor Children Can Suffer Big Injuries Due to Medical Negligence

noreply@blogger.com (Dplaw) — Fri, 09 Jan 2009 16:55:00 +0000

Minor Children Can Suffer Big Injuries Due to Medical Negligence

When 6-year-old Chance Pendleton came out of surgery for a wandering eye, it was obvious that something was not right. He was crying hysterically, vomiting, and saying I wish I was dead,” his mother recalled as reported in a recent article in the New York Times. The nurse thought that he was just throwing a tantrum. About twenty minutes later, another nurse walked by and the child’s mother beckoned her for help. The nurse checked the intravenous line in the child’s ankle and saw it wasn’t inserted correctly. He wasn’t receiving any medication. She immediately fixed it, bringing relief to the child in a matter of seconds.

Medical mistakes are very common in adults. This has been verified by numerous studies throughout the United States. However, medical mistakes for children are even more common can have even more serious consequences. The actor Dennis Quaid’s newborn twins nearly died after receiving 1,000 times the prescribed dose of a blood thinner. The Institute of Medicine, in a recent report, highlighted the prevalence of medical errors. The agency called on hospitals to further reduce medication errors in children.

Medical Professionals agree that in an emergency room situation, children have to be examined and treatment in a far more aggressive way than adults. And ER mistakes for children can lead to catastrophic injury or death. In 2003, I handled a case against a local hospital. The child died as a result of the ER’s failure to properly treat a child who shortly after discharge died. (See Article)

Experts offer the following tips for parents to lower their chance that their child will be harmed due to medical negligence:

ID Bracelets: Make sure your child has one and that it is worn at all times.

Hygiene: Ask all healthcare providers to wash their hands before approaching your child.

Information: Before a procedure, ask the surgeon exactly what the procedure is.

Knowledge: Schedule a time every day to review with the physician and nurses the medication your child is taking.

Awareness: Keep an eye on catheters and incisions, looking for redness and swelling.

Ask Questions: If your child is sick, make sure there is a pediatric specialist involved.

Talk About It: Express your concerns about a missed diagnosis to the hospital.

Be Prepared: Carry a list of the medications your child is taking.

Double Check Again and Again: Understand why medications are ordered and don’t be afraid to ask to check.

Medicines: Familiarize yourself with all medications your child is taking.

Be Vigilant: Especially if your child is taking multiple medications.

If your child has been injured due to medical negligence, see an attorney who handles medical malpractice cases right away. Time is of the essence. The attorney can begin an immediate investigation to determine legal responsibility for the mistake.

Our firm offers a free initial consultation for medical negligence cases. Call us at 800-632-9230.

Preemption: A Legal Term- You Need to Know About

noreply@blogger.com (Dplaw) — Mon, 22 Dec 2008 00:43:00 +0000

Preemption: A Legal Term- You Need to Know About

The U.S. Supreme Court is considering a matter this term that could have far reaching ramifications on the consumer's fundamental ability to bring a lawsuit for negligence.

A Vermont jury awarded Diane Levine $4,000,000.00 against a drug manufacturer: The Wyeth Company. She alleged and the jury agreed that the pharmaceutical company failed to warn her adequately about the risks of one of its drugs. In Diane Levine's case, a label had been issued by Wyeth warning of some side effects. But the jury had found that the label was not strong enough and did not give enough information to her about adverse side effects. As a result, most of her right arm was amputated after taking the medication in question. The verdict was affirmed as being being fair based on law and fact by the Vermont Supreme Court.

However, Wyeth now seeks to reverse that decision based on a legal concept called Preemption. This is a doctrine that could bar injured consumers from suing in state courts where the products that hurt the consumer had met some federal standards. In Diane Levine's case, the FDA had approved the drug and the label. They argue that because of this approval, all lawsuits have been barred or "Preempted" by Federal (FDA) action.

A second preemption case, this one concerning cigarette labels, has also been argued to the U.S Supreme Court.

Business groups have vigorously pushed for Preemption, hoping to build an argument against injury suits. Consumer lawyers oppose preemption doctrines, saying they short-circuit valid claims arising from terrible injury. They say that a jury made up of community members should decide whether Wyeth should pay;not a FDA bureaucrat in Washington.

We'll know soon whether or not the Supreme Court will permit consumers to proceed to court to seek redress of their claims. Let's hope that the Supreme Court rejects this Preemption doctrine to keep our courts open for injured victims.

Litigation Heats Up Over MRI’s Additives

noreply@blogger.com (Dplaw) — Tue, 11 Nov 2008 17:22:00 +0000

Litigation Heats Up Over MRI’s Additives
By Eric M. Doroshow
November 11, 2008

Lawyers Weekly USA has reported that almost 400 lawsuits have been filed across the country regarding Gadolinium contrasts used in MRI imaging. This additive is used in contrast solutions to enhance the MRI results. The purpose behind the additive is to help the doctors look at blood vessels in various parts of the body

The problem is that the Gadolinium used in MRI’s causes an incurable disease called Nephrongenic Systemic Fibrosis. This debilitating disease has no cure and can cause scarring, and fibrosis of the skin or internal organs. Symptoms include red or dark patches of skin, hard patches of skin, muscle weakness, stiff joints, burning, itching and swelling of the skin. The symptoms may appear as early as 2 days after receiving the injection.

Many of this cases have been consolidated into multi-district litigation in the District of Ohio but some remain in state courts in PA and NJ. In June 2002 the FDA issued a warning about using this contrast in people suffering from kidney failure. However, the proper warnings were never given to many injured victims who had MRI tests.

If you or someone you know has had an adverse reaction after an MRI, call us immediately for a free initial consultation. You may be entitled to a significant cash award for your injuries, but time is of the essence. Contact us today at 800-632-9230.

Allstate Worst Insurer for Consumers; New AAJ Report Finds

noreply@blogger.com (Dplaw) — Tue, 28 Oct 2008 16:36:00 +0000

Allstate Worst Insurer for Consumers; New AAJ Report Finds

By: Eric M. Doroshow

October 28, 2008

The American Association of Justice reports in a new study that Allstate is the worst insurance company for consumers. The study involved a comprehensive investigation of insurance company filings as well as interviews with policyholders.

The study went on to find that Allstate employs a clear company policy to avoid paying claims to increase its’ profits.

“Allstate set the standard for insurance greed,” according to the report. The tactics used by the company were to force the consumers to accept lowball settlement offers or to deny claims at any cost. “While the Company publicly touts its 'good hands' approach, it has instead employed a 'boxing gloves' strategy against its policyholders.”

Also coming out poorly in the study was AIG, State Farm and Liberty Mutual.

Now more than ever, if you have been involved in an accident and the insurance company has made an offer to settle your case, don’t go it alone. Never, ever sign a release without speaking to an experienced personal injury attorney. Our firm has handled these types of matters for 30 years and we would be please to review your settlement offer at not charge or obligation to you. Contact us at 1-800 632-9230.

CAR INSURANCE DEDUCTIBLES: THE GOOD, THE BAD AND THE UGLY

noreply@blogger.com (Dplaw) — Wed, 01 Oct 2008 11:46:00 +0000

CAR INSURANCE DEDUCTIBLES: THE GOOD, THE BAD AND THE UGLY

By: Eric M. Doroshow

September 29, 2008

If you are looking to save premiums on your car insurance, a deductible can be a good idea. A deductible means money coming out of your pocket, so be careful and look closely at the insurance benefits you will have.

Choosing a deductible of $500.00 can save you a significant amount of premium in the collision coverage on your car. So choosing a deductible here may make real sense.

However, recently insurance companies have been suggesting deductibles for PIP coverage (Personal Injury Protection). These benefits are shared between you for the payment of lost wages and your healthcare providers for payment of medical bills. The minimum limits to drive are $15,000 in PIP.

We have seen our clients choose very high deductibles in PIP; $2,000, $3,000, sometimes as much as $15,000. We STRONGLY suggest to our clients not to purchase these deductibles. Why?

If you do have a deductible, the company will apply it against your medical bills balance. So you will be responsible to pay for that bill out of your own pocket. If you have a viable 3rd party case (personal injury case against someone at fault), that unpaid deductible portion would come out of your settlement. And if you don’t have a viable case, you may find yourself reaching into your own pocket to pay this bill. It’s simply not worth it.

An especially egregious problem occurs with motorcycle insurance. Many companies offer to cut their premiums for large deductibles. Unless you have excellent health care benefits and long term disability insurance from other sources, don’t take the deductibles.

In summary, the advice here is to be very careful before you choose a deductible on your car insurance. Know exactly what your premium savings is and whether or not it makes any sense. For more information about your legal rights and car insurance, feel free to contact us.

The truth behind the famous McDonald’s Coffee Case

noreply@blogger.com (Dplaw) — Fri, 22 Aug 2008 00:38:00 +0000

The truth behind the famous McDonald’s Coffee Case

By Eric M. Doroshow, Esquire

August 19, 2008

In the last few years, we have been bombarded with radio and TV ads based on misinformation. They talk about a woman who got a million dollars from McDonald’s “because her coffee was too hot”. Here are some of the many facts in the McDonald’s case they leave out:

The victim suffered third-degree burns over 6% of her body, requiring extensive and painful treatment. McDonald’s served its coffee at near boiling temperatures, much hotter than other restaurants do. At trial, McDonald’s admitted that its coffee, as sold, was not fit for consumption because “it would cause severe scalds if spilled or drunk”. Even though more than 700 people (including infants) had been burned by its coffee in the previous 10 years, McDonald’s said it had decided not to take precautions or warn its customers because the burns were “statistically insignificant” compared to McDonald’s coffee sales.

The jury found both the victim and McDonald’s at fault, and the damages were reduced accordingly. The final settlement was undisclosed, but it’s a safe bet that it was only a small fraction of the amounts mentioned in the ads.

If you or your loved one has been injured due to someone else’s negligence, you will need a Delaware personal injury attorney to review your case. We offer a free initial consultation. Contact us today

Tort Reform Not Needed

noreply@blogger.com (Dplaw) — Wed, 13 Aug 2008 00:46:00 +0000

Tort Reform Not Needed

By Eric M. Doroshow, Esquire

August 12, 2008

Delawareans may lose their constitutional rights if certain “tort reformers” get their way. During the last few years, so-called lawsuit or tort reforms are debated in Washington and Dover, and if passed, would bar you from using our own Court system. Under these radical “reforms”, if someone injures you you will have no place to turn. You will be expected to cope with your injury as best you can, while the people who hurt you escape responsibility for their wrongdoing.

These so-called reforms protect polluters, careless doctors, makers of unsafe products, drunk drivers and their insurance companies. These “reforms” are opposed by hundreds of public-interest groups, including the American Association of Retired Persons, Mothers Against Drunk Drivers, the National Council of Senior Citizens and the Sierra Club.

The more than 300 big businesses pushing these “reforms” say they are aimed at “frivolous lawsuits”. But the proposed changes apply to all lawsuits, questionable or not. Most of the “reforms” would apply only to valid claims, claims made in cases proved in Court. Many of the reforms apply only to the most seriously injured by arbitrarily capping their damages. None of them make it easier if you have a valid claim.

Our Court system, with juries of everyday citizens, provides a fair chance for both sides to be heard. Even an average person can hold the largest corporation accountable. It is a basic check and balance of our society. It is the only place in our government where decisions are made not by politicians and bureaucrats but by average citizens serving as jurors.

If you or your loved one has been involved in a car accident, you will need a Delaware personal injury attorney to review your case. We offer a free initial consultation. Contact us today.

Parental Liability for Teens

noreply@blogger.com (Dplaw) — Wed, 06 Aug 2008 00:45:00 +0000

Parental Liability for Teens:

By Eric M. Doroshow, Esquire

August 5, 2008

How can a teenage driver in the family can cause liability to you that you may not know about?

Delaware Law provides that any adult who signs a driver’s license application on behalf of a minor under the age of 18 years is liable along with the minor for any damages resulting from the minor’s negligence. Even if the adult parent and/or guardian did not sign the application, they may still be responsible for as much as $5,000.00 in property damage if the teenager damages property through “reckless” conduct.

If you have a teen-age driver in your house, it is important that you notify your insurance company and make arrangements to have appropriate coverage for both the child and yourself. And of course, make sure to keep a close watch on the driving habits of your teen. Car accidents caused by your teen driver may have a direct financial impact on your insurance rates and your personal liability.

If you or a loved one has been in a car accident, you will need a Delaware personal injury lawyer to review your case. We offer a free initial consultation. Contact us today.

Delaware Automobile Insurance

noreply@blogger.com (Dplaw) — Wed, 30 Jul 2008 00:43:00 +0000

Delaware Automobile Insurance

By Eric M. Doroshow, Esquire

July 29, 2008

Often, clients will ask me how much auto insurance they should have. Delaware law requires that each motor vehicle insurance policy contain coverage of at least $15,000.00 per person/$30,000.00 per accident for liability, personal injury protection (no-fault), and uninsured motor vehicle coverage.

It is highly recommended, however, that you purchase motor vehicle insurance in excess of the required minimum. Many consumers carry at least $100,000.00 of coverage for liability, personal injury protection, and uninsured motorist. In addition, you should purchase comprehensive and collision insurance to protect you against property damage to your motor vehicle.

It is not recommended that you buy comprehensive and collision insurance in a specific amount. You should ask your agent to cover you for what is known as “ACV”, or “actual cash value”.

One of the biggest mistakes you can make is not buying enough insurance. An even bigger mistake is not buying automobile insurance at all. Delaware imposes severe penalties for not maintaining automobile insurance. For a first offense, the minimum penalty is $1,500.00, plus loss of driving privileges for six months.

Another common but less serious mistake is buying a policy with too high a deductible. Some people, in an effort to lower their insurance premiums, will buy minimum no-fault coverage with a $5,000.00 or $10,000.00 deductible for medical bills or lost wages. This means they are liable to pay these damages up to that amount before their insurance company is obligated to do so.

If you or your loved one has been involved in a car accident, you will need a Delaware personal injury attorney to review your case. We offer a free initial consultation. Contact us today.