According to the Institute of Medicine of the National Academy of Sciences, less than one percent of all doctors in America will face any serious medical malpractice claims each year.  However, in another recent study, the Institute also found that approximately 98,000 patients in the United States are injured or killed annually as a result of medical errors.

In general, medical malpractice can be defined as professional negligence, by either failing to act or acting in a manner that deviates from a standard of care.  Though the vast majority of medical malpractice claims are brought against surgeons, nearly all health care professionals can be held liable for medical negligence resulting in personal injury or death.  

Furthermore, there are also a number of medical mistreatments leading to injuries which can be considered malpractice, including:

Failure in diagnosing a disease
Improper use of medical devices
Error in prescribing medication or drugs
Failure to correctly treat a disease or condition
Blunder occurring during a surgery or medical procedure
Failure to obtain patient’s permission prior to performing an operation (informed consent)

In Pennsylvania medical malpractice claims, there is a limited amount of time in which to file a claim.  However, this time period does not usually begin to run until the victim discovers the injury, or reasonably should have discovered the injury.

Medical malpractice cases in Pennsylvania can oftentimes be complex, with multiple parties possibly sharing in the liability (doctors, hospitals, other medical personnel, medical device/equipment manufacturers, etc.)

In almost all medical malpractice cases, the use of expert testimony is vital to success.  Typically, the expert is another doctor in the same or similar field of the doctor that is accused of committing the medical malpractice.  The expert’s role is to testify as to the standard of care, and how the doctor being sued deviated from that standard of care.  

Though nearly any and all health care professionals are susceptible to a malpractice suit, Pennsylvania does maintain a Good Samaritan Statute.  This law effectively gives doctors and nurses who were called to the scene of emergency medical situations some immunity from malpractice claims.

Each year, more than 1,000,000 people in the U.S. are involved in a slip and fall accident.  Slip and fall cases are generally centered on premises liability claims, and are the third largest cause of injuries in the workplace

Slip and fall incidents can be attributed to a number of different hazards.  Some of the most common of these dangerous conditions are sudden changes in the heights of surfaces, slick surfaces, an uneven rise of steps, inadequate lighting, and icy or wet conditions.

In general, liability in a slip and fall case rests in the occupier of the property where the unsafe condition exists.  This does not necessarily limit responsibility to the owner, but can also hold tenants, those in control of the property, and those controlling activities taking place on the grounds liable as well.  Those in control of a property have a duty of care to all those invited onto their property, and are responsible for any reasonably foreseeable dangers.

In order to reduce the chances of an injury, or a slip and fall lawsuit, certain steps should be taken by any property owner.  This includes a proper inspection plan and maintenance system, as well as a means of warning the public of hazards.

If a slip and fall injury does occur, there are a variety of forms of compensation which may be available.  This includes compensation for pain and suffering, loss of income, reimbursement of medical expenses, loss of life’s enjoyment, and any other resultant out of pocket expenses.

Expert witnesses and scientific analyses sometimes play a large role in slip and fall claims.

Medical Malpractice is always hard on the victim and his or her family.  Generally speaking, the problems caused by a medical malpractice case can include not just a loss of health, but possible loss of income, pain and suffering, and various other issues.  This typically results in very bad combinations of problems, which in turn results in severe hardships.

Let our medical malpractice lawyers in the Ashland area help you during these difficult times.  Regardless of whether you suspect a hospital is at fault, or a doctor or other medical professional, we can evaluate your case and fight for you.
 
Our law firm has been practicing law for over seventy years.  As the largest law firm in the Schuylkill County, we will be happy to evaluate your case, explain the options, and explain what we can do to fight for your rights.

If you need help with a medical malpractice issue, please contact us.

The Schuylkill County based law firm of Williamson, Friedberg & Jones, LLC is celebrating 70 years of practicing law.

 If you need legal assistance with debt settlement, debt or credit problems, or foreclosure prevention advice, WF&J, LLC may be able to help.  Our attorneys provide aggressive representation for debtor-consumers and some creditors throughout central and eastern Pennsylvania.

Whether you live in Ashland, or anywhere else in central and eastern Pennsylvania, please fill out the contact form to learn more about how our lawyers can help you.

Elder law is a broad practice area, defined in large part not just by the subject matter but also by the age of the client.  One of the most common areas in the field of elder law is the protection of assets through estate planning, inheritance tax planning and nursing home planning.  This includes the preparation of appropriate wills, durable powers of attorney and various other legal documents.

Another area of elder law that is of growing concern is nursing home abuse and neglect. The elderly, particularly those who are disabled, are especially vulnerable to abuse, neglect, and financial exploitation by family members, caregivers, and strangers.

Eric Mika is one of several elder law attorneys with Williamson, Friedberg & Jones, LLC.  Attorney Mika primarily practices out of the Shenandoah, Pennsylvania law office.  Mr. Mika is certified as an Elder Law Attorney (CELA) by the National Elder Law Foundation, which is accredited by the Pennsylvania Supreme Court.

A successful elder law practice depends upon an ability to listen attentively to identify each client’s individual needs and to communicate openly about available solutions, and the risks and benefits of the available options.

To learn more about the law firm’s elder law practice area, please contact us.

Sometimes even the best marriages end in divorce.  While some divorces are very simple, many other divorces involve children and their custody, as well as real estate and property issues. Who keeps the house?  Who has custody of the children?  What is the amount of my child support payments?  Who is responsible for the car payments?   What happens if I lose my job and experience difficulty paying child support?  Do I really have to pay alimony?

Questions like these and many others can be answered by a knowledgeable divorce attorney, taking into account the facts of your situation, and applying the divorce laws in Pennsylvania.

Our family law lawyers represent clients in Tamaqua, PA and throughout Schuylkill County.  If you are facing a divorce or child custody issue, please contact us to learn more about your rights and obligations.

 

In the current economy, financial problems can strike virtually anyone.  What you may not know is that there are several different types of bankruptcy.  One of the most common forms is a Chapter 7 Bankruptcy, during which the debtor is discharged from almost all unsecured debts. Meanwhile, a Chapter 13 Bankruptcy is another common form of bankruptcy, during which the debtor makes fixed payments for a three or five year period. In most circumstances, either form of bankruptcy can allow one to keep real estate and a vehicle.

Oftentimes, the cause of an individual filing for bankruptcy is outside the control of the debtor.  Some of these causes include loss of work due to layoff or business closure, medical bills or personal injuries sustained during automobile or other types of accidents.  During these difficult economic times, even those in good health oftentimes face a hard time finding meaningful employment, as Schuylkill County currently faces double digit unemployment rates.

With offices located in Orwigsburg, Pennsylvania, and numerous other offices throughout Schuylkill County, the law firm of Williamson, Friedberg & Jones, LLC provides bankruptcy legal services to both creditors and debtors in this complex and rapidly expanding field.

To learn more and to meet with a Schuylkill County bankruptcy lawyer, please contact us.

Seriously injured victims require intelligent, experienced and aggressive representation to protect and enforce their legal rights and pursue their claims.

Regardless of the cause of your personal injury, such as by slip and fall, automobile or motorcycle accident, dog bites, medical or nursing home malpractice or even workers compensation, the attorneys at Williamson, Friedberg & Jones, LLC can represent you and fight for your right to receive compensation and ease the burdens of your pain and suffering, medical bills, and lost wages.

For over 70 years, we have been representing clients in Schuylkill county, and in the surrounding regions of central and eastern Pennsylvania.

Please contact us to learn more about what we can do to help you.

Williamson, Friedberg & Jones, LLC is the largest law firm in Schuylkill County.  As a full service law firm, the attorneys within WF&J practice in a wide range of areas.  The firm has offices in several locations throughout the county, including an office just minutes from Minersville, PA.

The lawyers within the firm practice in the areas of estate planning, real estate and land use, commercial and business law, transactional law, personal injury, civil litigation, family law, divorce and child custody laws as well as bankruptcy representation.

Williamson, Friedberg & Jones, LLC is celebrating its 70th year of practicing law.

The main law office of the firm is located on Westwood Road in Pottsville, just 5 minutes from Minersville, PA.

Please contact us to learn more about what we can do to help you.

Arbitration is one of several types of alternative dispute resolution.  Collectively, the goal of the various types of alternative dispute resolution is to resolve disagreements between parties and avoid the risks and expenses associated with a trial.  In some circumstances, parties to agreements, such as contracts, insert a clause providing for arbitration in the event that a future disagreement occurs.  Alternatively, parties can also elect to use arbitration after a dispute has arisen if they agree to do so.  Furthermore, in Pennsylvania, many county courts, including Schuylkill County, have what is referred to as "Compulsory Arbitration," during which all disputes of less than $50,000 must utilize arbitration in lieu of a jury trial.

There is a great deal of variation pertaining to the rules and procedures utilized during arbitration proceedings.  In some circumstances, parties elect to use a private arbitration group, such as the American Arbitration Association and in such circumstances that entity's rules and procedures will govern.  Alternatively, when Compulsory Arbitration is utilized, the Pennsylvania Rules of Civil Procedure and the local rules of the particular county in which the arbitration is to be held will govern.

Prior to an arbitration, one or more arbitrators will be selected.  The arbitrator(s) are the individual(s) who will hear the case and render a decision regarding the matter.  Again, there is wide variation as to how the arbitrator(s) are chosen.  Under certain rules, the Plaintiff and Defendant each choose one arbitrator, in turn, those two arbitrators are then required to work together to mutually agree upon a third arbitrator.  Meanwhile, in Compulsory Arbitration, the County Court of Common Pleas will randomly select three attorneys from the local County Bar Association who will serve as the arbitrators in the case.

The conduct of the arbitration is generally similar to that of a trial.  Typically, the Plaintiff calls his or her witnesses to give testimony under oath and to present evidence, as would normally occur during a trial.  Subsequently, the Defendant then has the opportunity to call his or her own witnesses and present his or her own evidence.  Likewise, as in a trial, both parties have the right to cross examine each other's witnesses and to make objections in accordance with the rules and procedures that govern the arbitration.

Depending upon the complexity of the matter, an arbitration may be concluded in as little as thirty (30) minutes or it could last as long as several days or weeks. 

Following the arbitration, the arbitrators meet in private to deliberate.  During this time, the arbitrators discuss amongst themselves the legal issues in the case, such as liability and the legal theories involved in the dispute.  Additional discussion may also be held, if appropriate, as to the existence of any damages and the amount of such damages. 

Once the arbitrators have made their determination regarding the matter, the parties are then notified, usually via mail.  In the event that one or more parties disagrees with the decision of the arbitrators, an appeal from that decision may be possible.  However, the right to any such appeal is dependent upon the rules and procedures of the arbitration that is being conducted. 

Our office is regularly consulted by individuals who are either participating in programs with debt consolidation companies or who are contemplating entering into such programs.  Typically, these companies advertise that they are "non-profit" or "not for profit" and upon enrolling a debtor, the companies claim that they will dramatically reduce or eliminate the credit card debt owed. 

The sales pitches that these companies make vary significantly.  However, in most circumstances, the core concept is that the company asks an individual to start making payments to the debt consolidation company, rather than to the credit card companies.  The monthly payment amount is oftentimes hundreds of dollars per month.  Furthermore, in most circumstances, many of the initial payments end up in the pockets of the debt consolidation company, and are not paid to the creditors.  After several months of payments are made, the debt management companies claim that they will then negotiate to settle the debts with the credit card companies for a reduced amount and begin applying some portion of the remaining payments to those debts.  

Be warned that our Schuylkill County bankruptcy attorneys have encountered many individuals who have participated in these programs, some of whom have paid out tens of thousands of dollars to such companies, and yet received little or no debt reduction in return.  In several cases, these companies disappeared, literally overnight, taking large quantities of money.  In other circumstances, these companies have asked debtors to sign various kinds of Powers of Attorney granting them rights to deal directly with the creditors.  In several circumstances, when debtors were sued by the credit card companies, we have also learned of situations where the debt collection companies have prepared legal documents and had the debtor file them in the local courts, such as in the Schuylkill County Court of Common Pleas, in Pottsville.  Residents from various communities in Schuylkill County, including Pottsville, Pine Grove, Orwigsburg, Schuylkill Haven and numerous other local communities have been targeted.

Before signing with a debt consolidation company, we strongly advise that you talk to our experienced Pennsylvania bankruptcy and litigation attorneys about other means of controlling or eliminating out-of-control credit card debt.

J.T. Herber, III, a lawyer with Williamson, Friedberg & Jones, LLC, was a guest speaker at a Pine Grove Elementary School career awareness program held on November, 5, 2008.  The Pine Grove Area School District is comprised of numerous boroughs and townships in southern Schuylkill County, including Pine Grove Borough, Tremont Borough, Pine Grove Township, Tremont Township, Frailey Township, and Washington Township.  

The program is an annual week-long event for the students in the Pine Grove Area School District, during which they learn about various career options.  Other speakers this year included a local magician/entertainer and a representative from the United States Drug Enforcement Agency. 

J.T. spoke to the fourth grader students at Pine Grove Elementary, and discussed a variety of options available to those interested in pursuing a career in law, as well as the importance of education in achieving such a goal.  Attorney Herber also briefly discussed some of the areas of law in which lawyers practice, including litigation, real estate and business/corporate law. 

Many of the students were also excited to hear about the case of Nutkin the Squirrel, which was a local court case that originated out of Orwigsburg, in Schuylkill County that caught the attention of the media several years ago.  During his presentation, J.T. also answered a variety of the students' questions, ranging from the number of pages in a legal books to what lawyers do if a Judge is really good friends with the opposing counsel. 

(Photograph courtesy of the Fourth Grade student photographers at Pine Grove Area Elementary School.)

On occasion, attorneys are asked about the most unusual or unique case that they have encountered during their career.  In Schuylkill County, one of the cases that frequently is mentioned involves that of a squirrel named Nutkin, as reported in Commonwealth v. Gosselin, 861 A.2d 996, 2004 Pa. Super. 426 (2004). 

Nutkin the squirrel was born in the wild in South Carolina, after which she fell from her mother’s nest.  The Gosselin family, which lived nearby, brought the squirrel into their home, nursed it back to health and built it a room-sized enclosure in which it could live.   

In November of 2002, after moving to Schuylkill County,  the family contacted the Pennsylvania Game Commission to report a possible deer poaching incident.  A representative from the Game Commission traveled to Orwigsburg to investigate.  Upon arriving, the officer apparently declined to conduct any further investigation into the deer poaching, but took interest in the fact that the family was keeping Nutkin the squirrel as a pet.    The Game Commission demanded that the squirrel be turned over to them, at which time it would presumably be killed.  The family, seeking to protect the rights of its pet squirrel declined to turn the animal over to the authorities. 

As the court later noted, “Nutkin’s captivity and domestication were perfectly legal in South Carolina, possibly a reflection of that state’s long tradition of hospitality to all.”  However, when the family subsequently moved to Orwigsburg, Pennsylvania and brought Nutkin with them, the Gosselin family and the squirrel quickly learned “the shocking truth that the cheery Pennsylvania slogan ‘You've got a friend in Pennsylvania’ did not apply to four-legged critters like Nutkin.”   

Subsequently, the Game Commission issued a citation for “unlawful taking or possession of game or wildlife.”  A trial was eventually held in the Schuylkill County Court of Common Pleas, in Pottsville, PA at which time the Defendant was convicted.  Dissatisfied with the result, the Defendant appealed the case to the Superior Court of Pennsylvania.  Appeals to the Superior Court are not very common.  Nevertheless, the family realized that it was the only way that they could save Nutkin. 

 

Judge Hudock, writing the opinion for the Pennsylvania Superior Court, noted that there was an exception to the law that the defendant was accused of violating.  The exception to the law allowed individuals to possess wild animals and birds if those creatures were lawfully captured outside of the Commonwealth.  Accordingly, the Superior Court noted that it was undisputed that Nutkin was a wild animal captured in South Carolina, and that the taking of live squirrels in South Carolina was legal.  Accordingly, as Nutkin was a South Carolina squirrel, and was captured lawfully in South Carolina in accordance with the laws of that state, the law prohibiting the capture and domestication of Pennsylvania squirrels did not apply.

Hundreds of Schuylkill County residents and countless other individuals throughout the rest of Eastern and Central Pennsylvania find themselves being sued annually by credit card and debt collection companies.  Unfortunately, many of these individuals do not consult with a lawyer during this process, and eventually have one or more judgments entered against them.

The proper way to respond to litigation brought by a credit card company or another debt collector is to address the matter based on the individual facts and circumstances of the case.  At times, filing for bankruptcy may be an appropriate means to resolve the matter.  However, in other circumstances, negotiating a reduced amount of the debt, establishing a payment plan or defending against the lawsuit can sometimes be better courses of action.

Frequently, by the time a lawsuit is filed against an individual for credit card debt, that debt has been bought and sold several times.  Credit card companies, realizing that collecting upon such a debt will be difficult, oftentimes sell debt to other businesses.  Selling of debt allows the credit card company to obtain money, in exchange for the purchaser then has the right to collect upon the debt.  In most circumstances, when debts are bought and sold, they are done in large batches, bundled together with hundreds or perhaps thousands of other debts.  Oftentimes, after unsuccessfully attempting to collect upon the debt, the debts are then resold again, perhaps in different packages.  This process can repeat itself multiple times.  During these transactions, the records proving the existence of the debt are oftentimes lost or incomplete. 

In defending against such lawsuits, we have been successful at forcing the creditor to provide proof as to the legitimacy of the debt, as well as to establish that it is the rightful owner of the debt, and to prove that it is legally entitled entitled to collect upon the debt.  Naturally, each case is different, and you should consult with an experienced lawyer to learn about your rights as well as the various options available to you in managing such debt.

An accident near Quentin in Lebanon County, Pennsylvania claimed the life of a 45 year old North Cornwall township woman.  The accident occurred on Tuesday, November 4 around 5:00 PM near the intersection of Fairview Circle and Quentin Road, in West Cornwall Township. According to police and news reports, a vehicle travelling south on State Route 72, driven by a man from Columbia, PA apparently crossed into the oncoming lane of traffic, and struck the woman's car head on.   

She was flown to Penn State Hershey Medical Center, in Dauphin County, where she later died from her injuries.  A child, who was also travelling in the victim's car was also injured, and was transported to Hershey Medical Center, where he was admitted for treatment.