Personal Injury
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Who needs a Workers’ Compensation Medicare Set-aside Arrangement (WCMSA) ?
Posted in Personal Injury
On November 11, 2010 I was part of a seminar panel addressing this issue. The recommended method to protect Medicare’s interest when settling a workers’ compensation claim for a Medicare beneficiary is through a Medicare set-aside arrangement (WCMSA). This allocates a portion of the Workers’ Compensation settlement for future medical expenses. The amount of the set-aside is determined on a case by case basis, after review by the Centers for Medicare and Medicaid Services (CMS). Once CMS determines the set aside amounts, the money is put into an account for use only towards medical bills related to the work injury. Continue reading
Pennsylvania Health Care Law: What Are “Never Events”?
Posted in Personal Injury
Just a few years ago, Pennsylvania was moving towards the monitoring of “preventable serious adverse events” or “never events” in acute care facilities in Pennsylvania. Progress on “preventable adverse events” has been inordinately slow but substantial in the Commonwealth. Unfortunately, the progress coincides with financial strains. The Pennsylvania Health Care Cost Containment Council reported this year that Pennsylvania acute care hospitals experienced a reduction in net income of $865 million from FY08 to FY 09. The loss was largely due to losses in investment income and other non-operating income. Continue reading
Sudden Medical Emergency Doctrine
Posted in Personal Injury
Last month I addressed the defense of “sudden emergency.” This month I would like to discuss the defense of “sudden medical emergency” or “unforseen unconsciousness” defense. This is a defense which is generally rarely used in motor vehicle cases. Under Pennsylvania law, the sudden medical emergency defense, also called the “unforseen unconsciousness” defense, is a complete defense to an action based on the asserted negligence of a defendant driver of a motor vehicle. Continue reading
The Sudden Emergency Doctrine
Posted in Personal Injury
Pennsylvania Courts have acknowledged the “sudden emergency doctrine” as a relevant defense in determining whether a driver was negligent in a car accident. See Lockhart v. List, 665 A.2d 1176 (Pa. 1995). The “sudden emergency doctrine” recognizes that a driver, who, although driving in a prudent manner, is confronted with a sudden or unexpected event which little or no time to comprehend a situation and act accordingly should not be subject to liability simply because another perhaps more prudent course was available; rather, under such circumstances, a person is only required to exhibit an honest exercise of judgment. Continue reading
Pennsylvania Dram Shop Law
Posted in Personal Injury
Under Pennsylvania’s Dram Shop law, a business or individual who gives alcohol to a visibly intoxicated person is legally responsible for any damage that person might cause. The name “Dram Shop” comes from England, where gin was once sold by the spoonful, or “Dram.” Pennsylvania’ s Dram Shop law applies not only to businesses that serve alcohol, like bars and restaurants, but also to private events. Continue reading
