The post The prevalence and consequences of medical malpractice appeared first on Spence Custer.
]]>Medical malpractice occurs when a medical provider fails to meet the standard of care expected in his or her profession, resulting in harm to the patient. These errors include many actions, from surgical mistakes to misdiagnoses and medication errors.
According to research, patients file between 15,000 and 18,000 medical malpractice claims against physicians annually. Many of these claims stem from similar circumstances. Medical misdiagnoses, for example, are a leading cause of medical malpractice claims. Inaccurate or delayed diagnoses can cause serious harm to a patient and in some cases, lead to death. Studies show that about one in five patients with a serious medical condition has his or her doctor misdiagnose that condition.
Surgical procedures are another common cause of medical malpractice claims, with U.S. patients reporting about 4,000 surgical errors annually. These errors may include operating on the wrong body part, leaving foreign objects inside the patient or damaging nearby organs while performing surgery.
Medication mistakes are also common, with the U.S. Food and Drug Administration receiving more than 100,000 reports of medication errors each year. These errors may involve prescribing the wrong medication, administering incorrect dosages or failing to consider potential drug interactions.
Medical malpractice may have devastating consequences for patients. Aside from physical harm, patients may suffer emotionally and financially. Many people affected by medical malpractice experience prolonged pain and suffering. They may, too, find it difficult or impossible to earn a living due to the effect the medical errors had on their lives.
While many doctors work hard to provide quality care, errors can and do occur. Medical mistakes may have a notable and negative impact on a patient’s quality of life and the lives of a patient’s loved ones.
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]]>The post Common misconceptions about SSD appeared first on Spence Custer.
]]>Understand the truth behind some of the most common misconceptions so you can seek the financial support you need.
Many people believe that a year must pass from the date of the injury for them to qualify for disability benefits. This misconception formed from the Social Security Administration’s eligibility guideline requiring a disability duration of at least a year or terminal. That means your doctors expect that your condition will last for at least a year regardless of the time elapsed since the accident. If your diagnosis meets those qualifications, you can apply at any time.
Many people think of physical disabilities when thinking of SSD benefits. What you may not realize is that SSD also covers many mental and psychological disabilities as well. People with conditions such as bipolar depression, some anxiety disorders and autism may qualify for benefits.
Another common SSD misconception is that the agency denies all first-time applications. The application process may feel overwhelming, and many first-time applications result in denial, but you can improve your chances if you work with an attorney who understands the process, gather as much documentation as possible and provide comprehensive details when you apply.
Facing changes in your life after a disability can be stressful enough. Understand these facts as you pursue SSD benefits for your condition.
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]]>The post The most common types of reckless driving in the summer appeared first on Spence Custer.
]]>Understanding the most common types of reckless driving during this time can help raise awareness and promote safer roadways.
Many drivers succumb to the temptation of exceeding speed limits on open roads during the summer months. Speeding not only increases the risk of accidents but also diminishes the driver’s ability to react to unforeseen hazards.
During summer months, the combination of increased traffic and impatient drivers often leads to aggressive maneuvers, including tailgating, unsafe lane changes and running red lights. Aggressive driving not only endangers the perpetrator but also puts other road users at significant risk.
Alcohol consumption tends to increase during summer parties and events, leading to a higher likelihood of impaired driving. Driving under the influence of alcohol or drugs poses a significant risk to the driver, passengers and innocent bystanders.
There is often an increase in distracted driving incidents during the summer. Drivers may become preoccupied with various distractions, such as cell phone use, eating or attending to passengers. These distractions divert their attention from the road and impair their ability to react in critical situations.
With longer daylight hours and an abundance of activities, individuals may sacrifice sleep to make the most of their summer days and nights. Sleep deprivation can have similar effects on driving performance as alcohol impairment, impairing cognitive function and increasing the likelihood of drowsy driving.
As the summer season unfolds, it is helpful for drivers to recognize these patterns of reckless driving so they can consciously prioritize responsible and safe driving habits. Increased awareness, education and enforcement efforts are essential to curbing the prevalence of reckless driving in the summer season.
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]]>The post Work-related injury statistics you should know appeared first on Spence Custer.
]]>Therefore, these are some workplace injury statistics to consider.
In 2021, private industry experienced 2,607,900 injuries and 5,190 work-related fatalities. This means that 3.6 of every 100,000 workers become injured at work, an increase of 8.9% from 2020. However, the injury rate is lower than the 2020 rate by 1.8%. In addition, 718 people died via suicide or homicide in 2021.
Most injuries (84%) are the result of slips, falls and trips as well as overexertion and equipment accidents, and of these 18% resulted in the workers taking days off work for trips and falls and 196,140 workers missed work after equipment and object incidents. However, incidents involving transportation comprise a high percentage of incidents (40% in 2019). Chemical exposures also cause tens of thousands of injuries every year.
The construction sector had the most deaths at 958 and 946 per 100,000 workers in 2020 and 2021, respectively. However, the transportation and warehousing industry was a close second with 749 and 900 deaths per 100,000 workers in 2020 and 2021, respectively. Agriculture, forestry and fishing experienced the third highest number of deaths. In 2020, professionals had the fourth-highest number of deaths, but in 2021, this sector fell below manufacturing and government.
The highest number of injuries in 2021 where medical care was sought was in the education and health services (890,000) , followed by government (880,000), retail trade (510,000), manufacturing (490,000) and transportation and warehousing (310,000).
The good news is that the number of workplace incidents that result in injuries has declined by 75% since 1972, and these deaths tend to decrease every year.
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]]>The post Who could be liable for a car accident in snow? appeared first on Spence Custer.
]]>However, if your injuries are severe enough, you could file a claim against the at-fault party. The first step is determining who is liable.
If you were the only victim in a car accident, that does not necessarily mean you are liable. For example, local government is responsible for maintaining road conditions to ensure the safety of drivers in the area. If snow or black ice causes you to wreck, the entity in charge of snow removal could be liable.
If another vehicle fails to remove snow build-up on their vehicle, it can fall off in transit and cause someone behind them to crash. In that case, they would be liable for damages. Similarly, someone driving too fast on a snow-covered road is a danger to other drivers. If they lose control and cause you to wreck, they would be responsible.
Any of the above-mentioned conditions could result in an accident involving more than one vehicle. Every auto accident has unique circumstances. However, liability typically falls on the driver who violated traffic laws and caused a collision. For example, if the other driver in your accident drove the speed limit during heavy snow, they would still be liable for not adjusting their speed to accommodate inclement weather.
Snow is a hazard for anyone on the road, and you have the right to hold a negligent driver accountable for causing severe injuries.
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]]>The post 3 hazards of holiday driving appeared first on Spence Custer.
]]>To help you and your family stay safe, keep these three holiday driving hazards in mind as you visit friends and family in Pennsylvania and beyond this holiday season.
Distracted driving is always a threat, especially around the holidays when people are in a hurry to get where they are going, feel stressed about spending time with family or are anxiously thinking about finding the perfect gift in time. End-of-year quotas, children’s holiday events, hosting the family celebration and the like can also take its toll on drivers’ energy levels. Drowsy driving is a leading cause of car accidents in the U.S. Remain vigilant and watch for signs that other drivers are not paying close attention, like crossing over into another lane or abrupt movements.
The holidays warrant celebration, but people sometimes take things too far by consuming excessive alcohol at parties and get-togethers. Keep your eyes open for the erratic behavior of intoxicated drivers. If you or someone you know has had too much to drink, get a ride with a sober friend or rideshare service.
In Pennsylvania, winter weather can make holiday travels especially hazardous. Be sure your tires have good tread and drive at a speed appropriate for the conditions. If the roads are snow-covered or icy, you should consider staying home.
Stay aware of these three driving hazards to help ensure a safe and enjoyable holiday season.
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]]>The post How to decide which type of bankruptcy is right for you appeared first on Spence Custer.
]]>Here is a look at each chapter.
Chapter 7 is the type of bankruptcy you hear the most about. People sometimes call it a fresh start bankruptcy because it allows you to sell all of the property that is not under the exemption clause to pay off your debts with the proceeds.
Some of the exemptions are:
You can usually keep absolutely essential things. These are normally items and property necessary for you to live and continue to work.
You see Chapter 11 in businesses and when you own a business. Although you can continue to operate your business, as usual, you will have to abide by a repayment plan that you and your creditors agree to.
Chapter 12 is similar to Chapter 13, but only if you are a family farmer or fisherman.
Chapter 13 is usually a part of a debt settlement plan. It provides you with a repayment plan without having to sell your personal property. The time to repay is often between three and five years.
No one chapter is better than the others; ultimately, you will need to choose the one that is right for you and your situation.
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]]>The post Are you eligible for social security disability insurance? appeared first on Spence Custer.
]]>However, it may be possible to qualify for Social Security Disability Insurance coverage if you meet various criteria.
The Pennsylvania Bureau of Disability Determination will work with the Social Security Administration to assess your candidacy for federal benefits. This involves ascertaining if your condition is long-term and prevents you from sustaining meaningful employment. The SSA provides a listing of qualifying conditions and requires an in-depth medical evaluation for applicants with conditions not appearing on its list.
The Social Security Administration makes disability payments from a pool of taxes it collects from the working population. Your final benefit amount is proportional to how many work years you complete. For example, if you are relatively young when your disability starts, you will not accrue the same number of work years as someone whose disability occurs later in a career. Therefore, rather than penalizing younger workers with short work histories, the SSA scales benefit payments to reflect the proportion of the total number of years someone works before a disability manifests.
Approval for Social Security disability benefits hinges upon evidence in your medical records substantiating your condition and its onset, identifying the medical team treating you, and confirming your doctors’ prognosis/descriptions of your limitations.
The Social Security Administration can provide essential benefits to someone who can no longer work due to debilitating injuries and conditions. However, qualifying is not a speedy process.
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]]>The post Why is driving late in the summer a risk? appeared first on Spence Custer.
]]>Driving late at night is also a major risk for different reasons. When both of these potentially harmful times overlap, drivers may face more danger than they bargained for.
Smith System discusses many of the dangers most prominent for drivers during summer. A major part of this boils down to other drivers, unfortunately.
Summer is a time when many people go on vacation, take time off, have holidays and cut back to have fun. There are also several prominent holidays, such as the Fourth of July, which feature a culture of heavy drinking. This means that rates of intoxicated driving tend to skyrocket during summer in general.
More people tend to hit the road while intoxicated at night, falsely believing they have less to worry about with less traffic. This is when many of the most fatal accidents can happen, and it is a major reason why nighttime summer driving is something people should strive to avoid, especially on or around holidays.
It is not just intoxication that proves a hazard, though. Heat can actually increase a driver’s chance of suffering from drowsiness. The dark cover of the night only adds to that effect, potentially lulling a driver into a brief moment of sleep.
But one single moment is all one needs for a potentially lethal accident to happen. Again, drivers who have to hit the road at night in summer should remain vigilant. If at all possible, night driving is something to avoid on a whole.
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]]>The post 4 steps to take after a slip and fall appeared first on Spence Custer.
]]>Slip and falls can happen to anyone. Here is what to do if you find yourself the victim of one of the incidents.
Your health should always be your number one priority in life. The moments after hurting yourself on another’s property are no different. Seek medical treatment as quickly as you can, even if do not initially notice any pain or ailments. Tell the physician why you need to be seen and ensure that information is noted on your chart.
Report the incident to the home or business owner or manager as soon as possible. Ask any passersby for their names and contact information in case you need to rely on their recollections in the future.
Keep all related medical documents as well as photos, journals and incident reports in an organized file.
Though it may seem harmless to provide truthful information to the owner of the property on which you became injured or their insurer, your words could be used against you later. Keep quiet and consider contacting an attorney to assist you through this process.
The actions you take in the days and weeks after a slip and fall can seriously impact your ability to recover damages from the responsible party in the future. Choose them wisely.
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