John A. Caputo & Associates, P.C. John A. Caputo & Associates, P.C2024-03-18T16:29:03Zhttps://www.johncaputo.com/feed/atom/WordPress/wp-content/uploads/sites/1503559/2022/04/cropped-favicon-32x32.pngOn Behalf of John A. Caputo & Associates, P.C.https://www.johncaputo.com/?p=492632023-07-05T16:28:01Z2023-07-05T13:00:49ZA significant change in the venue rules
But if a doctor, nurse, hospital or other healthcare provider commits medical malpractice against you, the distance would complicate things -- at least, it would have before September 2022. Before a Pennsylvania Supreme Court ruling from that month, malpractice victims had to sue in the county where the negligent treatment happened. This was not necessarily a big deal if the doctor or hospital was in your home county, but it could be a problem if they practice hundreds or thousands of miles away. Finding an attorney in an unfamiliar part of the commonwealth and traveling back and forth for meetings and court appearances is impossible for many busy professionals and parents.
Fortunately for malpractice victims, this is no longer necessary. The state Supreme Court ruled that as of Jan. 1, 2023, medical malpractice plaintiffs can file their lawsuits in the counties where they "regularly conduct business." This ruling could encourage more victims to pursue compensation since they will be able to handle the case close to home.
Not yet a permanent rule
However, the court said it would reexamine the new policy in two years. So your time to sue in your own county could be limited. Given Pennsylvania's statute of limitations on medical malpractice claims, you should not wait too long to consult a malpractice attorney.]]>On Behalf of John A. Caputo & Associates, P.C.https://www.johncaputo.com/?p=492642023-04-12T15:00:36Z2023-04-12T15:00:36ZWhat is placenta previa?
Placenta previa happens when the placenta attaches itself to a lower place in the uterus and covers its opening, either wholly or partially. While the problem can sometimes correct itself by itself, it often does not- requiring a prompt diagnosis and medical intervention.
What happens if your doctor does not detect, diagnose and treat placenta previa in time?
Failure to detect, diagnose and treat placenta previa can seriously harm the mother and her baby. For the mother, the condition can lead to acute blood loss, which in turn can necessitate time-sensitive blood transfusions. The disease can be fatal to the mother if she loses too much blood.
Birth injuries
For the baby, the condition can lead to premature birth, which requires treatment, often using corticosteroids to speed up the baby's lung development if they are born early.
Because failing to diagnose placenta previa can lead to premature birth, the baby can suffer severe brain injuries, including cerebral palsy and hypoxic-ischemic encephalopathy, which can develop if the baby's brain experiences a decrease in oxygen or blood flow.
If you experienced placenta previa and your doctor did not detect, diagnose and treat it in time, and it caused injuries to you or your baby, you may be able to recover damages. Failing to diagnose this condition constitutes a breach of a doctor's duty of care.]]>On Behalf of John A. Caputo & Associates, P.C.https://www.johncaputo.com/?p=492652023-12-08T16:05:06Z2023-03-30T18:00:12ZWhat is the relation to the deceased?
In a personal injury claim, the injured party files the action to recover money for him or herself. However, after death, that is no longer possible. Instead, eligible surviving family members file to recoup damages for themselves. Under Pennsylvania law, relatives who prove their dependence on the deceased may initiate a court action. This often includes:
Spouses
Children
Parents
Siblings
What is the purpose of a wrongful death case?
A car accident where a negligent driver caused someone else's death strips survivors of a loved one's company and their financial support. During a wrongful death case, survivors can recover the money spent on medical bills and care after the accident and recover the deceased's income and future earnings. Survivors may also broach the subject of pain and suffering with the court and request compensation due to the emotional toll the accident and subsequent loss had on them.
Wrongful death cases require proof that the accident caused the injuries and that the damage from those injuries led to a loved one's death. Anyone with this solid foundation should broach the topic with a professional with the know-how and experience to navigate a wrongful death case.]]>On Behalf of John A. Caputo & Associates, P.C.https://www.johncaputo.com/?p=492282023-03-22T15:04:35Z2023-03-27T13:00:10Znearly 5,000 large truck accidents claimed the lives of individuals involved in crashes in 2020.
While significant truck accidents decreased between 2019 and 2020, these accidents continue to cause injuries and death. Motorists who share the roads with these heavy vehicles can keep themselves safe by recognizing a few common factors that often play a part in such crashes.
1. Location
Many truck accidents occur on rural roads, where drivers may increase their speed due to reduced traffic. However, tractor-trailers and other large trucks need significant time and distance to brake safely. The ability to do so on rural roads, which often include sharp curves and hills that reduce visibility, could affect braking.
2. Time of day
Many large truck accidents occur during evening hours, when truck drivers experience reduced visibility. Drivers in smaller vehicles may also fail to clear large semis while attempting to pass them in the dark due to distractions affecting their vision or a reduced ability to see clearly while driving at night.
3. Day of the week
Most accidents that result in severe injury or death usually occur during the week, when the transport of goods happens more frequently, and truck drivers attempt to meet their delivery quotas and satisfy delivery schedules. This usually results in more trucks on roadways during the week.
When accidents involving large trucks occur, drivers and passengers in smaller vehicles experience injuries because of the sheer size of semis and other heavy transport trucks.]]>On Behalf of John A. Caputo & Associates, P.C.https://www.johncaputo.com/?p=492232023-02-27T15:48:01Z2023-03-14T13:00:35ZWhen does a coroner order an autopsy?
According to WebMD, the main purpose of a coroner-ordered autopsy is to investigate suspicious, unnatural or unusual deaths. Unusual deaths may include unknown causes, violent accidents or public health threats.
If a person dies with a doctor in the room who can reasonably determine the cause, the coroner may not order an autopsy.
How an autopsy helps a motor vehicle accident
Autopsies do more than determine the cause of death, they may uncover certain aspects of an accident that led up to it. This may include identifying diseases or conditions a driver suffered from or it may find traces of substance abuse in the deceased's system. These factors may act as evidence to prove negligence in a wrongful death case.
Private autopsies and wrongful death cases
If a family suspects foul play or even a misdiagnosis on the coroner's part, they may order a private autopsy. While this is another unexpected expense on top of the healthcare and funeral costs that a wrongful death often demands, it may provide additional clarity.
Wrongful death is a complex issue at an emotionally sensitive time. It is important for anyone in this situation to learn more about their unique case with reliable resources.]]>On Behalf of John A. Caputo & Associates, P.C.https://www.johncaputo.com/?p=492172023-02-27T15:44:17Z2023-03-10T20:00:53Zthe car seat after any moderate or severe accident.
How car seats protect children
Young children and babies need extra support, and car seats help cradle and support their bodies to reduce the risk of injury. Infant seats, for example, protect the baby's neck, head and torso. Car seat restraints also keep children from being flung from the vehicle. Manufacturers design protective measures for adults. Seatbelts, airbags and seats can protect an adult or teenager, not a child.
Why replace the car seat after an accident
Car seats can become damaged in an accident. While the seat may protect your child during the accident, it cannot continue to protect the child after the accident compromises it. The car seat may be okay in minor accidents where you can drive away from the scene and no one sustains injuries.
However, if the vehicle door near the car seat sustained damage or the airbags deployed, you should not keep the car seat. Even if you cannot see the damage, it does not mean the car seat did not sustain damage.
Under no circumstances should you keep a child's seat after a moderate or severe accident.]]>On Behalf of John A. Caputo & Associates, P.C.https://www.johncaputo.com/?p=492212023-02-27T15:32:19Z2023-03-08T19:00:38ZBe aware of the risks of anesthesia
The potential risks of anesthesia often stem from the irresponsible application by an anesthesiologist, such as when they administer anesthesia without confirming that you do not have a pre-existing condition that might cause you harm when exposed to anesthetics. Such side effects can include long-term cognitive dysfunction, hyperthermia or throat closing.
Consult with an anesthesiologist
Anesthesiologists have an obligation to prioritize your health and safety every step of the way. Still, you can take additional preventative measures by meeting with an anesthesiologist before your surgery. This will provide a perfect opportunity to review your medical history with an expert to ensure that the use of anesthetics will not trigger any significant health problems. If any issues do come to light during your consultation, your anesthesiologist might recommend changes to your diet or daily habits to help lower your risk.
Harmful administration of anesthesia is often the result of blatant medical malpractice. If you become the victim of such wrongful negligence when undergoing medical treatment, you can pursue legal action and secure the compensation you deserve.]]>On Behalf of John A. Caputo & Associates, P.C.https://www.johncaputo.com/?p=492202023-02-27T15:22:03Z2023-03-03T15:00:20ZWhy microsleeping is a problem
WebMD discusses microsleeping as a problem drowsy drivers face. First, what is microsleeping? This happens when a person has not had enough sleep and their body attempts to force them into sleep because it can no longer tolerate staying awake.
In these moments, a person will fall asleep for one to three seconds. Typically, this is not a big problem, but it becomes one on the road.
In just three seconds, a car driving at 60 miles per hour can cover the distance of a football field. In that time, it is possible for a driver to get into many accident-causing situations.
High-stake accidents
Many of the worst accidents happen when a driver falls asleep behind the wheel. This includes full-speed rear-end collisions, crashes where a driver veers off the side of the road, and crashes over the meridian where a driver drives into oncoming traffic.
Due to the high rate of severe injury and fatalities associated with these types of crashes, it is easy to see how and why drowsy driving and microsleeping cause major problems for drivers across the country. Awareness of these dangers can help lead to people exerting more caution when they hit the road, thus reducing instances of drowsy driving.]]>On Behalf of John A. Caputo & Associates, P.C.https://www.johncaputo.com/?p=492162023-01-24T17:57:43Z2023-01-26T16:00:09ZCerebral palsy
Cerebral palsy (CP) refers to a cluster of movement disorders that can appear in early childhood for children who experience birth trauma. The signs and symptoms of CP include weak muscles, tremors and poor coordination. Additionally, patients may have difficulties with vision, speech and hearing due to a CP diagnosis.
Neurodevelopmental disorders
Damage to the brain and central nervous system can lead to neurodevelopmental disorders that affect emotions, learning, self-control and memory functions as a child grows. Common conditions resulting from birth injuries include:
Autism spectrum disorder (ASD)
Attention deficit hyperactivity disorder (ADHD)
Learning disorders (dyslexia or dyscalculia)
Traumatic brain injury (TBI)
Intellectual development disorder (IDD)
Increased mortality risk
Labor complications can make delivery difficult. Some signs of fetal distress may prompt doctors to perform emergency c-sections, which increases the risk of birth injuries, Additionally, insufficient fetal oxygen or intrauterine hypoxia can lead to preeclampsia, which is potentially fatal to the mother and baby if not treated in time.
You trust your medical team to safely get you and your baby through labor and delivery. Failure to properly diagnose and treat fetal distress may constitute medical malpractice and can mean a lifelong struggle for your newborn.]]>On Behalf of John A. Caputo & Associates, P.C.https://www.johncaputo.com/?p=492142023-01-19T10:20:19Z2023-01-24T10:19:34ZInjuries and deaths due to large truck crashes
The Federal Motor Carrier Safety Administration reports that in 2020, more than 45,000 injury accidents involved large trucks. Many trucking accidents prove fatal, and over 4,800 large trucks became involved in deadly accidents throughout 2020. During 2018, 635 trucks between 10,001 and 14,000 pounds became involved in a deadly accident, and this went up by 14% to 724 in 2020.
Other statistics on large truck collisions
Throughout 2020, most fatal large truck accidents happened on rural roads (roughly 54%). Moreover, 87% of injury accidents and 82% of deadly accidents involving large trucks took place on weekdays. However, it is important to remember that many accidents also occur on urban roads and during the weekend.
Following a large truck crash, you could struggle with many hardships. If you face medical costs, debilitating pain and other consequences due to a negligent truck driver, make sure you develop a solid understanding of the options in front of you.]]>