Archives for September 2015

Common Myths about Pennsylvania Medical Malpractice Lawsuits

Dispelling Common Myths about Pennsylvania Medical Malpractice Lawsuits

For years, medical professionals and their insurers have argued that medical malpractice lawsuits have necessitated an increase in medical malpractice insurance premiums, with a corresponding increase in the cost of medical care. Studies have consistently shown, however, that those assertions are simply without factual support. Here are some of the findings as they relate to Pennsylvania.

Finding #1: Increased Medical Malpractice Awards Have Not Caused an Increase in Medical Malpractice Insurance Premiums

In all of the studies conducted, there was a marked decrease in the number and value of medical malpractice awards. One report showed a 13% decline in the number of medical malpractice jury verdicts over a seven year period. Nonetheless, there was an increase in medical malpractice insurance premiums of about 15%. Researchers say the increase was primarily in response to losses in the insurance company investment portfolios.

Finding #2: Medical Malpractice Premiums Do Not Drive the Cost of Medical Care

In research published in Medical Economics, researchers found that medical malpractice insurance premiums typically account for less than 5% of total practice revenue, often as little as 2%. The U.S. Congressional Budget Office has concluded that the total costs of medical liability, including malpractice premiums and malpractice awards, is less than one percent of the total cost of health care in the United States.

Finding #3: Limits on Medical Malpractice Awards Don’t Lower Malpractice Insurance Premiums

A number of reports have found that physicians in states with no caps on medical malpractice awards actually pay lower premiums than physicians in states with fairly aggressive damage award caps.

Contact Our Office

To set up an appointment, call us in Haddonfield at 856-429-5005 or in Woodbury at 856-845-2555. We can also be reached in Philadelphia at 215-563-2150 or by e-mail. For clients with personal injury or workers’ compensation claims, we offer a free initial consultation, and will represent you on a contingency basis, only charging attorney fees if we recover compensation for you.

Our offices are open weekdays between 9 a.m. and 5 p.m. Weekend and evening appointments may be arranged upon request. We will also come to your home or the hospital, if necessary.

Woman Gets Damage Award from Dunkin Donuts

Women Gets Settlement from Dunkin Donuts for Fall in Parking Lot

A New Jersey woman settled a lawsuit against fast-food franchise Dunkin Donuts earlier this fall, agreeing to accept $522,000 after she suffered an injury at a store in Highland Park, New Jersey. Maria Marsala, the plaintiff, alleged that she tripped over a spike in the parking lot, hurting her back and shoulder, and burning herself with hot coffee. According to her attorney, her injuries required surgery, and she is still receiving physical therapy.

In documents filed with the court, Marsala said that she stopped at the restaurant in January,2012 for coffee and donuts. As she returned to her vehicle, she tripped over a metal rebar spike that protruded from the ground. Her attorney said that the spike had been exposed when a curb stop at the store was dislodged. It was uncertain how the curb stop had been moved.

Marsala’s lawsuit alleged a breach of duty by Dunkin Donuts to properly monitor its premises. Under New Jersey law, owners or operators of commercial property have a responsibility to reasonably monitor property to identify any potential safety risks to persons legally on the premises.

Furthermore, if the owner/operator knows (or should have known) about the potential risk, steps must be taken to either eliminate the risk, warn potential visitors of the risk, or prevent potential visitors from having access to the area where the risk exists.

Contact Our Office

To set up an appointment, call us in Haddonfield at 856-429-5005 or in Woodbury at 856-845-2555. We can also be reached in Philadelphia at 215-563-2150 or by e-mail. For clients with personal injury or workers’ compensation claims, we offer a free initial consultation, and will represent you on a contingency basis, only charging attorney fees if we recover compensation for you.

Our offices are open weekdays between 9 a.m. and 5 p.m. Weekend and evening appointments may be arranged upon request. We will also come to your home or the hospital, if necessary.