Greg Sutphin

More State Legislatures Looking at Surrogacy Laws

New York and Washington, DC are two of just a few states that outlaw commercial surrogacy and are considering new legislation that would allow women and couples to pay a third party to carry a child for them.

In Washington, DC, Councilmember Charles Allen introduced the Collaborative Reproduction Act of 2015, calling the nation’s capital “out of step” with its own commitment to family and equality. Allen says his proposed statute includes input from a broad spectrum of interests, such as the Family Equality Council and the National Center for Lesbian Rights.

In New York, legislators are waiting for recommendations from a task force, looking at whether they should overturn former governor Mario Cuomo’s 1992 ban on commercial surrogacy. State Senator Brad Hoylman, an openly gay father thanks to surrogacy, has introduce a bill that would allow surrogacy agreements in the state. Opponents argue that nothing has changed since the 1992 ban and the laws should stay as they are. They contend that allowing commercial surrogacy transforms children into products to be bought and sold.

Currently, there is little uniformity in state laws governing surrogacy contracts. Eight states expressly permit the practice, including Oregon, which has become a destination for individuals and couples worldwide to travel to enter into an agreement with a gestational surrogate. Other states allowing surrogacy include California, Connecticut, Delaware, Maine, New Hampshire, Nevada and Rhode Island. California even allows the parties to avoid any adoption proceedings.

Aside from New York and DC, three other states specifically ban the practice, New Jersey, Michigan and Washington state. Lawmakers in New Jersey approved a commercial surrogacy law last June, but Governor Chris Christie vetoed the bill, saying he was not satisfied with how legislators had dealt with the details of the practice.

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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.

Talking With Your Adopted Child about Their Adoption

When you adopt a child, you hope that the life you give that child will be as normal as possible. For some adoptive parents, talking to your adopted child about their being adopted can jeopardize that sense of normality, but experts say it’s essential for the well-being of your child. Chances are pretty good that they’ll find out somehow, and it’s always best that they learn it from you and that it be a positive experience. So what’s the best way to help your adopted child understand the whole concept.

Start Early

The earlier you openly discuss the fact that your child was adopted, the easier it will be for everyone involved. Your child will grow up with an understanding of the language of adoption. It will also help you get used to the words, and fine tune your use of language while they are still in the developmental stage.

Don’t Tell Them More Than They Can Understand

For a very small child, it’s probably more appropriate to use the language of a story. Be certain you are speaking to the listening of your audience. If your child is four years old, you need to use a style and words that make sense to a four-year-old. Often, because the story is so much a part of their lives, kids stop asking a lot of the questions as they grow older. But if questions persist into their teens, you can have a more adult conversation with them.

Tell the Truth

It’s common for adoptive parents to want to make everything positive. Don’t make up stories about birth parents or attribute motives when you don’t know what they are. Stick to the facts as much as you can, but remember that small children may not fully understand the facts. Don’t tell them more than they can understand.

Be Willing to Have the Conversation as Often as Necessary

Adoption is a complicated process, and even more so for the child. You won’t answer all their questions in a single conversation.

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New Jersey Adoption Rates Stabilizing

Adoption officials in New Jersey say there is cause for optimism, based on statistics gathered by the non-profit agency Advocates for Children of New Jersey (ACNJ). Though the number of children reported as adopted in the state actually decreased from 2012 to 2013, Cecilia Zalkind, executive director of ACNJ, said there were indications that New Jersey has made significant progress in moving kids from foster care into permanent homes. Specifically, Zalkind said that the number of children in foster care who are not returned to their parents or legally adopted has declined markedly.

New Jersey officials readily admit that adoption from the foster care system is a precarious situation. As a general rule, children who go into foster care are considered to be there only until such time as they can be safely returned to their parents. As a consequence, parents who are looking to adopt rarely look to the foster care system, as they fear that they will incur time and money in the adoption process, only to have the child returned to his or her parent.
Zalkind said that New Jersey officials have worked hard to implement adoption options earlier in the lives of children in foster care. She acknowledged that the older the child in foster care, the more challenging it can be to find an adoptive parent, and the less likely that the child will ever leave the system.

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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.

How to Tell Your Child about Adoption

Telling Your Child that He or She is Adopted

At some point, your child may look in the mirror and conclude that he/she doesn’t look anything like you or your spouse, and come to you with the question “why”? If that happens, you have waited too long to disclose to them that they are adopted. But when is the right time and how do you do it? It’s one of the most challenging issues for adoptive parents.

The Best Advice—Start Early

Most experts agree that it’s best to introduce the topic of adoption at an early age. First of all, this reduces the risk that the child will learn from a friend or family member. In addition, even though they won’t fully understand what it means, it will become their frame of reference, and will have less of an impact as they mature and come to fully understand what it means.

Be Positive about Everyone and Everything Involved

Don’t tell your child that you rescued them from a life of poverty, want, danger or abandonment. Keep the story simple, and portray everyone in a positive light, including birthparents. Make certain that your adopted child knows that they were loved by birthparents, and that they are loved by you.

Portray the adoption as a positive thing. Tell your child how excited you were when they came to live with you, and how happy it made their birthparent that you would be well-cared for.

Use Things That Your Child Understands to Tell the Story

There are a lot of great books about adoption that are specifically designed for adopted children. You can also use other books, videos, their favorite movie or other story. Talk to them about moms and dads, show them early pictures of themselves and pictures of their birthparents, if you have any.

Don’t Just Tell Them Once, But Don’t Beat a Dead Horse

Don’t view it as something that you told them, so you won’t ever have to talk about it again. It may not sink in, so you’ll have to revisit the subject. Do so in an easy way, though, as if it’s not a big deal. If you have a children’s book on adoption, you can read it to the child periodically for a few months. Don’t expect the child to understand with a single discussion.

Be Prepared for Any Type of Response

Your child may have little or no response when you tell them, but have questions later. You’ll have to be very patient and observant. Your child may act out during play, or may ask you over and over to explain the adoption to them. Your child may have any of a range of emotions, from confusion to sadness to anger. You have to let them express their feelings and try to talk about them.

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.

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.

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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.

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Some Don’ts for Adoptive Parents

The Don’ts of Being an Adoptive Parent

When you have adopted a child, whether as an infant, toddler or teenager, whether domestically or internationally, whether through an open or closed process, the joy you experience can lead you to engage in some behaviors that may be detrimental to your adopted child or to your relationship with them. Here are some things you should try to avoid.

Don’t Tell the World about Your Child’s Life Before You’ve Adopted Them

It’s their story, not yours, and your knowledge of what they experienced is second-hand at best. No one else needs to know what might have been the reasons the child was put up for adoption. Spreading your version of the story can make it difficult for your adopted child, especially as he or she ages, to have any story other than yours. And your interpretation of their life before you usually just fulfills your own personal agenda.

Don’t Buy Into the Cultural Assumption that You Have “Saved” the Child

This attitude automatically assumes that the child was destined for a life of misery and want—you may not know that. To the extent that you maintain that attitude, you can be disparaging the child’s birthparents. Your child may not have enough of an understanding of his or her birthparents to love them, but there’s nothing to be gained by making them feel like they were unloved or in danger before you came along.

Don’t Expect Anything from Your Child because You Adopted Them

Raising a child is hard work—period. It doesn’t matter if they are biologically tied to you, and it doesn’t matter what their life was like before you (or yours, for that matter). You need to treat your child just as you would treat a biological child. This means that, regardless of how difficult they may be, they are still your child. They are not with you on trial…you don’t get to return them if things don’t go exactly as you planned—which they never will.

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.

Personal Injury Claims Involving Drones

The Increased Popularity of Drones and the Risk of Personal Injury

Industry officials estimate that nearly a quarter of a million drones will be given as Christmas presents this year. The increased popularity of consumer drones, such as the DJI Phantom, have insurance officials worried about potential personal injury. Thus far, no reported deaths have been tied to drones, but a number of accidents have occurred, with drones running into buildings in St. Louis and New York City.

Officials are particularly concerned because there are currently no federal regulations governing when, where or how you can fly a drone. No license is required and there’s little to educate a person on how to use the aerial device. Because the Phantom can be immediately operated “out of the box,” many users simply take it outside and learn to use it by operating it. With most prior radio-controlled products, the assembly requirement also included learning to fly the device. In addition, users have reported accidents caused by loss of battery power, or by attacks from birds.

So how can you protect yourself from liability if you want to take your drone to the park? Traditionally, any liability for such an accident would be covered by a homeowner policy, but some insurance companies have taken steps in the last year to specifically exclude drone accidents from coverage. Insurance industry officials say you should read the fine print on your policy before operating a drone and if coverage is excluded, you should buy specific insurance to cover that eventuality.

Most hobbyists now expect that the FAA will come out with extensive regulations on use of drones. Because the drones are so easy to use and tend to be flown by persons with little or no experience, the expectation is that the regulations will be fairly strict.

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.

The Standard of Care in a Medical Malpractice Case

The Standard of Care in Medical Malpractice Cases

When you have been hurt because of the wrongful acts of another person, the typical basis for recovery is a lawsuit alleging negligence. To succeed with a negligence action, you have to show that:

There was a commonly accepted standard of care, which the defendant failed to meet
The defendant’s breach of the standard of care resulted in some type of injury
The injured party suffered an actual loss because of the injury

In a typical negligence claim, the standard of care to which the defendant is held is that of a “reasonable person.” Though different courts have defined “reasonable” in different ways, the generally accepted standard is that of an average person of ordinary prudence. In our legal system, the jury determines whether the actions of the defendant met that standard. Accordingly, in all negligence claims, the jury must evaluate whether the behavior of the defendant was reasonable, or what would have been done by an average person of ordinary prudence.

In a medical malpractice case, though, the defendant is held to a different standard. Because the practice of medicine requires a high degree of skill and training, it is not something that can be done by an “average person of ordinary prudence.” Instead, physicians are held to a higher standard, which is typically established through the use of expert testimony. Here are the specific questions the jury typically must ask about the conduct of a medical professional:

Was the care given similar to that which a reasonably competent and skilled health professional would give?
Was the care given similar to that of a person with similar training and background?

Was the care given similar to that provided by other similar professionals in the same medical community?

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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.

Supreme Court Decision Regarding Same Sex Marriage

The recent decision of the Supreme Court of the United States establishing that same sex couples have a constitutionally protected right to marry has a direct and beneficial effect on children. Specifically, the decision recognizes the dignity of all families and provides for the protection of children who are adopted or born into gay and lesbian families. This decision will allow all children to have legally recognized parents in every state and will guarantee that those children who are living with gay or lesbian parents will have secure and permanent relationships with them. In other words, each child will now have the benefit of two parents who are legally responsible for them. This can only benefit the children. The Supreme Court decision will now allow for the legally protected relationships between these parents and the children that they love and are raising. The Supreme Court decision was one in favor of children and to that extent it should be applauded.

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