The Swain Law Firm, P.C.The Swain Law Firm, P.C.2026-08-12T07:18:31Zhttps://www.swainlawfirm.com/feed/atom/WordPress/wp-content/uploads/sites/1603045/2021/10/cropped-Favicon-image-32x32.pngOn Behalf of The Swain Law Firm, P.C.<![CDATA[What to do after a doctor misses a diagnosis in Bensalem]]>https://www.swainlawfirm.com/?p=481942026-08-12T07:18:31Z2026-08-12T07:18:31Ztake legal action.
How Pennsylvania law can help after medical negligence
Preserving evidence of a missed diagnosis is important when building a medical malpractice case. Several factors often affect a medical malpractice claim in Pennsylvania. Before moving forward with a negligence claim, it is helpful to understand these key considerations:
Assess negligence: Not every wrong diagnosis is medical malpractice, but if the doctor fails to meet the expected standard of care and causes you harm, you may be able to file a medical malpractice claim. Medical records, test results and an expert medical opinion allows you to establish whether the physician's care fell below the applicable standard and caused problems for you.
Know the deadline: Pennsylvania generally enforces a two-year deadline to file a personal injury or medical malpractice claim. However, under the "discovery rule," the clock may not begin until you reasonably should have discovered the misdiagnosis.
Understand the need for a certificate of merit: The law requires a certificate of merit when filing a medical malpractice claim. It must generally be filed with the complaint or within 60 days of filing the complaint and should be supported by a qualified medical professional.
If the medical negligence caused harm or worsened the outcome, you may be entitled to damages under Pennsylvania law. These can include compensation for medical treatment, lost income and the physical and emotional effects of the injury.
What comes next after a missed diagnosis
A medical malpractice injury is not something you should have to bear because of someone else’s negligence. If a doctor’s mistake has affected your health, finances or quality of life, you may have the right to seek compensation for your losses. Learning about your legal rights enables you to take the next step toward recovering from the financial consequences of medical negligence.]]>On Behalf of The Swain Law Firm, P.C.<![CDATA[E-bike and e-scooter trouble spots: What riders should know]]>https://www.swainlawfirm.com/?p=481912026-07-23T11:57:00Z2026-07-23T09:17:05ZWhere should you use extra caution?
Pay particular attention when traveling through these areas:
Roosevelt Boulevard at Grant Avenue and Red Lion Road: Multiple travel lanes, long crossings and drivers entering or leaving crossover lanes can increase your risk. Wait for a full signal, watch each lane and do not enter as the light changes.
Street Road at Knights Road: Shopping centers, businesses and driveways create frequent turning traffic. Officials installed red-light cameras after repeated crashes, and a news analysis counted 64 collisions at the intersection over 10 years. Slow down near entrances and watch for drivers crossing your path.
Route 1 at Old Lincoln Highway: A news analysis recorded 79 crashes over 10 years. The wide roadway and heavy traffic can make e-bike riders harder to notice. Stay visible and do not assume a driver will stop when your signal changes.
Understanding these location-specific hazards can help you adjust your speed, position and timing before entering traffic.
Do e-bikes and e-scooters follow the same rules?
Pennsylvania generally treats e-bikes that meet state limits like bicycles. However, the Pennsylvania Department of Transportation says ordinary stand-up electric scooters cannot legally operate on public roads, bike lanes or sidewalks and may be used only on private property. Check your device before choosing a route.
What should you do after a crash?
A car accident can leave you shaken and unsure what to handle first. Once you are out of immediate danger, focus on these priorities:
Call 911 if someone is injured or traffic creates an immediate risk.
Seek medical care for your injuries.
Photograph the vehicles, roadway and traffic signals.
Collect the driver’s insurance details and witnesses’ contact information.
Keep your damaged e-bike or e-scooter, helmet and clothing.
Taking these actions ensures you have the documentation necessary to support a legal or insurance claim.
Why can these crashes become complicated?
A collision at a busy intersection may involve several people or businesses that share responsibility, as well as more than one insurance policy. Legal guidance can help you examine driver conduct, available camera footage, roadway conditions and filing deadlines that may affect an injury claim.]]>On Behalf of The Swain Law Firm, P.C.<![CDATA[What happens when a beneficiary dies before you?]]>https://www.swainlawfirm.com/?p=481922026-07-21T16:06:32Z2026-07-21T16:06:32ZYou wrote your will years ago and named the people who matter most to you. But life rarely follows the timeline we expect, and sometimes a loved one passes away before you do. When that happens, the gift you left them does not simply disappear. Pennsylvania law and the exact wording of your will work together to decide where it goes, and understanding that process helps you keep your final wishes intact.
A named alternate may receive the gift
The cleanest solution is one you control while you are still living. When you name an alternate or backup beneficiary, you tell your estate exactly who should receive a gift if your first choice cannot.A carefully written will can list a second person for each meaningful bequest, from a family home to a treasured heirloom. Without that backup language, though, state default rules decide where your gift goes.
Pennsylvania law may preserve gifts for certain relatives
When your will names no alternate, an anti-lapse rule may step in. This is a law that keeps a gift from failing by passing it to the deceased beneficiary's descendants instead.Pennsylvania's anti-lapse provision applies only to certain relatives, such as your child or other descendant, your brother or sister or a niece or nephew. It also works only if that relative left children or other descendants who survive you. A gift to a friend or a more distant relative generally is not protected, and your will can override the rule if it clearly states a different plan.
The residuary clause may redirect an unprotected gift
If neither an alternate nor the anti-lapse rule applies, the gift usually falls into your residuary estate. The residuary clause is the catch-all part of a will that covers everything you did not assign to someone specific. Whoever inherits your residuary generally absorbs the lapsed gift. When a will has no residuary clause, that property may instead pass under Pennsylvania's intestate laws to your closest living relatives, who might not be the people you had in mind.
Regular beneficiary reviews can prevent an unintended result
These legal safety nets exist for good reason, but they do not always match what you actually want. Reviewing your will after a major life event, such as a death, a marriage or a new grandchild, keeps your wishes and your paperwork aligned. Set a reminder to revisit your named beneficiaries and their alternates every few years so your gifts reach the people you truly chose.]]>On Behalf of The Swain Law Firm, P.C.<![CDATA[When something goes wrong during a robotic surgery]]>https://www.swainlawfirm.com/?p=481892026-07-16T08:52:42Z2026-07-16T08:52:42ZHuman error could be to blame
The use of robotic surgical equipment has increased substantially in the last decade. Unfortunately, errors can still occur during robotic surgeries. Many times, those errors are the result of a mistake by the surgeon operating the device.
On rare occasions, programming and technical issues can contribute to the failure of a robotic surgical device during a procedure. As is true of any tool used for medical treatment, physicians have an obligation to be competent in using robotic surgical devices and must be ready to revert to other procedures if necessary for patients’ safety.
Robotic surgical errors are more common than people realize, and they typically result in liability for the surgeon who made the mistake or the medical facility that employs the surgeon. In rare cases, patients may be able to assert that the manufacturer of the robotic surgical unit was liable due to issues with the device or its programming.
Legal action is often necessary when surgeries fail and cause harm to the patients undergoing care. Reviewing medical records related to a botched robotic surgery with a skilled legal team can help patients and surviving family members evaluate who may be liable for their harm.]]>On Behalf of The Swain Law Firm, P.C.<![CDATA[What are your legal remedies for contract breaches in PA?]]>https://www.swainlawfirm.com/?p=481882026-07-09T14:53:47Z2026-07-09T14:53:47ZWhat governs contract breaches?
Your complaint path will differ depending on the type of contract and amount of money involved in the agreement. Depending on how much, you will need to file your claim in either the local Magisterial District Court or the higher Court of Common Pleas.
Generally, you must file a claim within four years of the date the breach occurred or was discovered. In Pennsylvania, providing a formal notice to the other party is beneficial for your case. It solidifies your case and allows you to establish communications about your concern.
What are some solutions you can seek?
You have more than one legal pathway if you are facing a contract breach in Pennsylvania. Assess the broken terms of your contract and evaluate the type of compensation best fits your needs. Here are the major categories of remedies available:
Monetary damages: The court awards you financial compensation for the losses you incurred due to the breach
Contractual damages: When there is a specific provision in your contract regarding preset penalties for breaches, a court may order the other party to honor it
Specific performance: In some cases, a court may order the breaching party to fulfill the obligations of their contract
Rescission and restitution: If the court cannot calculate monetary damages or finds them inadequate, parties may need to return any benefits gained from the contract
Before initiating any legal action for contract disputes and breaches, seek out-of-court resolutions. Courts will often ask you if you have exhausted other remedies such as negotiations and mediation. Alternative dispute resolution, like arbitration, is usually much faster and easier than court processes.
Why should you seek support?
A legal team or professional can lend you critical information on your case. Your resolution process may go more smoothly with someone who can effectively protect your rights and provide a new perspective. Gathering records, examining contract clauses and calculating damages are just a few responsibilities of a law expert. You may want to seek a good representative to speak on your behalf.]]>On Behalf of The Swain Law Firm, P.C.<![CDATA[How a Totten trust can help in the aftermath of your passing]]>https://www.swainlawfirm.com/?p=481862026-07-03T13:13:52Z2026-07-03T13:13:52Zestablishing a Totten trust
How does a Totten trust work?
A Totten trust (also known under Pennsylvania law as a “tentative trust”) isn’t a trust as most people think of them. It’s a payable-on-death (POD) account that you can establish at a financial institution. You can designate one or more beneficiaries (typically your executor) who can access the funds only after you’re gone. The funds bypass probate so are available once they present a death certificate and identification.
To be of any use, of course, you’ll need to let a beneficiary know about this account so they can access it as soon as they need to after you’re gone. It can be helpful to let them know how much you’re putting it in and for what purposes you intend it.
A Totten trust is just one way to make things easier for your loved ones and help ensure that your wishes for your funeral or other ceremonies are honored. Getting sound estate planning guidance is a good first step.]]>On Behalf of The Swain Law Firm, P.C.<![CDATA[When nursing homes fail to respond to recalls ]]>https://www.swainlawfirm.com/?p=481852026-06-22T02:04:54Z2026-06-22T02:04:54ZNursing homes have a responsibility to provide residents with a reasonably safe environment. That duty extends beyond day-to-day care and includes responding appropriately to safety warnings and product recalls that could affect vulnerable residents.
When a nursing home fails to act after learning about a recall, the consequences can be serious and, in some cases, life-threatening.
The risks and potential consequences of inaction
Product recalls occur for many reasons. Medical devices, medications, mobility aids, beds, lifts, wheelchairs and other equipment used in long-term care facilities may be recalled because of defects, contamination, malfunction risks or safety hazards. Manufacturers and regulatory agencies issue recalls to prevent injuries before they occur, but those warnings are only effective if facilities take prompt action.Nursing home residents are often particularly vulnerable to harm from recalled products. Many rely on specialized medical equipment, prescription medications or assistive devices to meet their daily needs. A defective wheelchair could contribute to a fall. A malfunctioning bed rail could increase the risk of entrapment. A recalled medication could cause serious health complications if it continues to be administered after safety concerns become known.Facilities are, therefore, generally expected to monitor relevant safety alerts, evaluate whether recalled products are being used and take appropriate corrective action. Depending on the circumstances, this may include removing equipment from service, replacing products, notifying healthcare providers or implementing alternative safety measures.When a nursing home ignores or delays responding to a recall, residents may suffer preventable injuries. These incidents can result in fractures, infections, worsening medical conditions, head injuries or other forms of harm. In severe cases, delayed action can contribute to permanent disability or death.Determining whether a facility acted reasonably before a resident suffered harm requires a careful review of the facts. Seeking personalized legal guidance after an incident leads to injury can help residents or their loved ones understand their legal options.]]>On Behalf of The Swain Law Firm, P.C.<![CDATA[Just how safe are driverless taxis?]]>https://www.swainlawfirm.com/?p=481832026-06-12T20:16:54Z2026-06-12T20:16:54ZThe self-driving car service, Waymo, has suspended its people transport services after a series of recent incidents. Back in April, the firm paused its driverless car service upon learning that a riderless car drove into floodwaters in San Antonio, Texas and got trapped.Following this and other incidents in the five cities where Waymo had introduced its fleet of robotaxis, the company voluntarily recalled its cars due to this apparent software problem.
A danger or the wave of the future?
As in life, two things can be true at the same time. Rideshare and other transport companies definitely have their eye on current and future tech to outfit their automobiles with the technology to safely transport people in robotaxis.But these companies are also mindful of the Texas incident, as well as another unsafe incident that occurred in Atlanta, Georgia, where a riderless car became inundated by floodwater.
Another area of concern
In their interview with Reuters, a spokesperson for Waymo indicated they were looking to find safer ways for their robotaxi fleet to navigate construction zones. They indicated that their “highest priority” remained safety.
Would you ride in a robotaxi?
Some might worry that there are enough traffic hazards here in Northeast Pennsylvania with operator-driven vehicles and that adding in robotaxis will only worsen the dangers. But it would be shortsighted to dismiss driverless transit entirely.Clearly, businesses and investors see the potential in automated fleets of transit vehicles. While the industry may not be quite “there” yet, it is definitely on the horizon.
Issues of liability remain
If robotaxis indeed become the future of the transportation industry, there will inevitably be issues of liability for injuries stemming from collisions and other driving failures. Determining liability for the losses, injuries and damages may need a professional to review and submit any claims for damages.
]]>On Behalf of The Swain Law Firm, P.C.<![CDATA[Riding smart: What e-bike and e-scooter commuters should know]]>https://www.swainlawfirm.com/?p=481822026-06-08T15:45:27Z2026-06-08T15:45:27ZCommon e-bike and e-scooter crash risks
If you ride regularly, you likely share the road with cars, delivery vans and commercial vehicles. Busy intersections, parking lots and heavily traveled roads can create situations where drivers and riders do not see each other in time to avoid a crash. Some common causes of e-bike and e-scooter accidents include:
Drivers turning across your lane of travel
Vehicle occupants opening doors into your path
Motorists looking away from the road while driving
Road defects creating unsafe riding conditions
Low-light conditions reducing visibility
Commercial vehicles traveling through congested areas
These accidents can result in broken bones, head injuries, road rash and other injuries that require medical treatment. The extent of your injuries may depend on factors such as vehicle speed, traffic conditions and the type of impact.
What evidence may become important after a crash?
If a crash occurs, questions may arise about how it happened and who was responsible. Documentation from the scene can become part of the information reviewed during an insurance claim. Some examples of information that may become relevant include:
Photographs showing the crash scene
Images documenting vehicle or equipment damage
Contact information from eyewitnesses
Police reports describing the incident
Medical records relating to accident injuries
Receipts showing accident-related expenses
Depending on the device you use, ride data stored through a connected application may also contain information about the trip involved in the crash.
How insurance may apply after an e-bike or e-scooter accident
The information gathered after a crash can become important when insurance companies review a claim. Coverage may depend on the circumstances surrounding the accident and the parties involved.
In many situations, a claim may involve the auto insurance policy of the driver who allegedly caused the crash. Other situations may involve uninsured or underinsured motorist coverage. Insurance companies do not always agree about fault, and questions about coverage can become more complicated when multiple vehicles are involved.
Why these crashes can become complicated
You may use an e-bike or e-scooter every day without giving much thought to what could happen after a collision. However, these accidents can raise questions that do not always arise in a typical car crash.
Factors such as limited physical protection, disputes about how the crash occurred and questions about available insurance coverage can all affect what happens afterward. Because every accident involves different circumstances, the details of the crash often play an important role in determining how injury and insurance issues develop.]]>On Behalf of The Swain Law Firm, P.C.<![CDATA[PA residents warned of unsafe driving trends]]>https://www.swainlawfirm.com/?p=481812026-05-31T13:30:36Z2026-05-31T13:30:36ZWith Memorial Day last week kicking off Summer 2026, safety officials are reminding travelers that the stretch of months between late May and Labor Day brings a sharp rise in serious auto crashes across Pennsylvania.
AAA calls this period the “100 Deadliest Days” because fatal crashes involving teen drivers increase during summer months. This pattern affects communities throughout Eastern PA.
What makes summer so dangerous?
Statistics show that more than 30% of deaths involving teen drivers happen during this summer window, reflecting a statewide trend that places all road users at higher risk. Also, summer brings heavier traffic on roads, including the often-congested I‑95 corridor, Route 1 and the Pennsylvania Turnpike. During these months, families travel, teens spend more time on the road and visitors head toward Philadelphia, the Jersey Shore and nearby regional attractions. The increased traffic can lead to sudden slowdowns, lane changes and high‑speed conflicts that raise the likelihood of severe crashes.
Some driving behaviors are risky
AAA’s analysis of Pennsylvania crash data highlights several behaviors that contribute to summer crash risk for teen drivers, including the following:
Episodes of distracted driving
Speeding
Running red lights
Impaired driving
Drowsy driving
Back in 2023, 2,897 people nationwide were killed in crashes involving teen drivers, and 860 of those deaths happened during the 100 deadliest days. Pennsylvania’s share of these crashes reflects the same seasonal spike, with more fatal teen‑involved collisions occurring during summer than at any other time of year.
If you’re injured in a collision
No matter the age of the driver who caused your wreck, you could face a long road to healing. The medical bills alone can wipe out an individual’s or a family’s savings.Filing a claim for damages is the first step that initiates the claims process and offers victims a path to civil justice for their injuries, damages and losses.]]>