Medical malpractice claims can be the most difficult, time consuming, and expensive civil cases to bring. Unlike your typical auto accident or slip and fall case where it can be clear that one side violated the traffic laws, or caused someone to slip and fall, fault in medical malpractice cases is not always as clear … Read more
If you feel that a loved one died or was seriously injured due to a nursing home’s neglect one of the first things you should do is contact your state’s Department of Health. Most states have a number, fax, email, or online complaint form you can fill out to report nursing home neglect. In Pennsylvania … Read more
Nursing homes must follow certain federal and state regulations when caring for a resident who was admitted for rehabilitation from surgery or long term care. Specifically the statute which sets out a nursing home’s responsibilities is called the Nursing Home Reform Act, otherwise known as the Omnibus Budget Reconciliation Act of 1987 (OBRA), 42 CFR … Read more
Normally when an employee gets injured at work and her employer is at fault, the employee can only recover workers’ compensation benefits – meaning coverage for her medical bills and roughly two thirds of the employee’s lost wages. By Pennsylvania statute, 77 P.S. §481(a) recovery of workers’ compensation benefits by an employee is the exclusive … Read more
In 1995 Daniel L. Thistle started his own firm after twenty-five years of practicing with one of the premier personal injury firms in Philadelphia. Dan wanted a firm where he could have his own voice, try the cases he was passionate about and give personalized attention to all of his clients. While Dan is no … Read more
Most states have enacted “Blood Shield Laws” under which a person or entity cannot be found strictly liable or to have breached any warranties for the lawful sale and transfusion of blood and blood products. Therefore, regardless of any warranties given about the quality of the blood or blood products no claim for breach of … Read more
The Restatement Second of Torts §402A has applied to products liability suits in Pennsylvania since the Pennsylvania Supreme Court adopted it in 1966 in Webb v. Zern, 422 Pa. 424, 220 A.2d 853. However this may all change with the United States Court of Appeals for the Third Circuit recently predicting that the Pennsylvania Supreme … Read more
When a product manufacturer wants to market and sell a medical device that presents an unreasonable risk of injury or illness to the public, under federal law 21 USCF § 360 the manufacturer must show to the Food and Drug Administration (“the FDA”) that the effectiveness of the product outweighs any risks of harm. The … Read more
Unfortunately a jury verdict in favor of a plaintiff doesn’t always mean they will automatically be compensated for their losses. This was the situation the Thistle Law Firm faced following a $7 million medical malpractice verdict in favor of its clients. While the attorneys at The Thistle Law Firm were able to obtain insurance coverage … Read more