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Compensable Damages for Loss of Companionship
The Legal Intelligencer
March 26, 2013

There really is no debate. There is no greater loss than the loss of a child. In preparation for this summary, I re-read several articles about the senseless tragedy that unfolded only a few months ago at Sandy Hook Elementary School in Newtown, Conn. It was truly numbing. Some of the parents of the 20 children killed who dropped them off at school that morning hold onto the hope that their kids are going to come home. Nicole Hockley still reaches for her son Dylan’s hand in parking lots, according to The New York Times. Another parent expects her son to crawl into her bed for hugs before "goodnight." Full Text

 

Settling a Complex Medical Negligence Case Pre-Suit
The Legal Intelligencer
March 26, 2013

In medical malpractice cases – or any type of legal case for that matter – the divide between plaintiff and defense is as wide as a football field. You’re taught from day one in law school that the opposing counsel is the enemy and in order to win the case for your client, you must treat the other side as such. But when it comes to medical malpractice cases, what if it were different? What if both sides could work together pre-suit to define and clarify the issues that exist between the patient and the health care provider? Full Text

 

Radiology in the ER: Where Is Your Study Being Read?
The Legal Intelligencer
March 26, 2013

The Philadelphia area has five accredited Level I adult trauma centers. To receive the designation of a Level I trauma center, the hospital must be able to provide the highest level of definitive, comprehensive care for the severely injured adult patient. Under the 2011 standards for trauma center accreditation, a Level I facility must have an attending radiologist capable of diagnostic, invasive and therapeutic procedures promptly "available" 24 hours a day. The accreditation requirement does not require an attending radiologist be present in-house and leaves it to the discretion of the hospital if the attending radiologist must respond in-house. Full Text

 

Injections and Informed Consent in Pennsylvania
The Legal Intelligencer
March 26, 2013

In early stages of pregnancy, Methotrexate is typically administered to a female by injection. Abbreviated as MTX, Methotrexate, a known teratogenic agent, is an antimetabolite and antifolate drug that can be used to stop the rapid growth of dividing embryonic, fetal and early placenta cells. Examples of MTX use are to end early ectopic pregnancy, prevent growth of cells and as part of an induced abortion. Full Text

 

Get the Life Care Plan Inflation Rate Right
The Legal Intelligencer
March 26, 2013

In medical malpractice cases filed in Pennsylvania, there is often a claim for future life care plan costs. The Pennsylvania 2002 Medical Care Availability and Reduction of Error Act specifies that future damages for medical and other related expenses shall be paid as periodic payments after payment of the proportionate share of counsel fees and costs based upon the present value of the future damages awarded. The trier of fact may vary the amount of periodic payments for future damages from year to year for the expected life of the claimant to account for different annual expenditure requirements, including the immediate needs of the claimant. Full Text