The Homyak Law Firm FindLaw IM Template2026-08-14T07:01:03Zhttps://www.homyaklaw.com/feed/atom/WordPress/wp-content/uploads/sites/1100911/2018/12/cropped-site-icon-32x32.jpgOn Behalf of The Homyak Law Firm, P.C.<![CDATA[Failure to diagnose life-threatening diseases: Is it malpractice?]]>https://www.homyaklaw.com/?p=500982026-08-14T07:01:03Z2026-08-14T07:01:03ZWhen a missed diagnosis constitutes medical negligence
A diagnostic error rises to the level of negligence when a doctor ignores symptoms, skips necessary tests, misreads results or delays a needed referral. Not every mistake or bad outcome qualifies as malpractice. Courts look for cases where carelessness replaced sound medical judgment.
How a claimant can prove a breach of care
A malpractice claim needs strong evidence. A plaintiff must show that a medical provider failed to meet accepted professional standards and caused real harm. Medical records, expert review and a clear timeline of symptoms often help prove these cases.
State law usually requires a Certificate of Merit in medical malpractice cases. The attorney files this certificate, certifying that a licensed professional’s written statement confirms a reasonable probability the medical care fell below accepted standards.
How legal deadlines may affect a claim
Under Pennsylvania law, most injured patients have two years to bring a claim, starting from when the injury was identified or reasonably could have been discovered, though certain exceptions and absolute deadlines may apply.
For minors, the legal framework automatically tolls the 2-year statute of limitations until the child turns 18, giving them until their 20th birthday to file. In some cases, the period may begin later if the injury and its cause were not immediately discoverable.
Why prompt legal action often matters
Families facing avoidable harm after a missed diagnosis deserve real answers, not silence. A medical malpractice lawyer can help review records, consult qualified experts and assess whether negligence played a role. Anyone who suspects that a doctor missed warning signs of a serious disease should act promptly before evidence becomes harder to preserve and filing deadlines expire.]]>On Behalf of The Homyak Law Firm, P.C.<![CDATA[5 social media mistakes to avoid after a catastrophic injury]]>https://www.homyaklaw.com/?p=500912026-08-06T15:29:18Z2026-08-06T15:24:32Zrequesting and obtaining relevant posts.
These five mistakes can create unnecessary questions about your injuries and recovery:
1. Posting activities without context
A photo from a family event or outdoor activity may not show that you needed help, used a wheelchair, cane or other mobility aid or experienced pain afterward. An insurance company could use the image to question how much the injury affects what you can do.
2. Discussing the accident or treatment
Comments written from memory may differ from your medical records or what you later say about the accident. Posts about fault, symptoms or recovery could also give readers an incomplete or inaccurate impression of what happened.
3. Accepting unfamiliar connection requests
A request might come from someone seeking access to information that is not public. Limiting connections to people you know can reduce the number of unfamiliar people who can view your personal posts.
4. Ignoring tags and check-ins
Friends or relatives may post photos, tag you or identify places you visited. Those posts can create the same questions as content shared from your own account.
5. Deleting or changing existing posts
Removing content after a claim begins may raise questions about whether you deleted information relevant to the case. Editing or deleting older posts can also make the review of your online activity more complicated.
Review your online activity during an active claim
A social media post may not show the medical care, assistance or setbacks involved in your recovery. Before sharing something new, consider how it could appear to someone who does not know the full circumstances. Paying attention to posts, tags and connection requests can help you stay in touch with others without creating avoidable questions about your catastrophic injury claim.]]>On Behalf of The Homyak Law Firm, P.C.<![CDATA[Is it safe to text at red lights?]]>https://www.homyaklaw.com/?p=500872026-07-26T16:11:46Z2026-07-26T16:11:46ZTexting and driving is an all-too-common issue on the roads, even when it is expressly prohibited and even when drivers understand that it is dangerous. Many people feel compelled to check their notifications anytime their phone buzzes or chimes, and society often expects people to answer text messages right away.
To get around this societal pressure, some people decide that they are going to text if they are at a red light. This way, they are not holding the phone in their hand or looking down while they are driving the car. They are just taking a moment while they are stopped to see if they have any new text messages. Does this actually keep them safe and prevent accidents?
The driving distraction lasts for another 27 seconds
No, this is not an activity a driver should engage in. It makes sense why they think it is safer, but the important thing to remember is that the mental distraction does not end when the light turns green. Studies have found that it still lasts for another 27 seconds.When someone is sitting at a red light, they still need to be engaged with the task of operating their vehicle. They should be watching other vehicles, cyclists and pedestrians in the crosswalk. They should be thinking about how to proceed safely once the light does change. If someone is instead engrossed in their text messages and staring at their phone, they are still cognitively distracted as they start driving again.Issues like this are part of the reason why distracted driving accidents happen every day. Those who have suffered serious injuries must know how to seek appropriate financial compensation.
]]>On Behalf of The Homyak Law Firm, P.C.<![CDATA[What to review before a wrongful death settlement]]>https://www.homyaklaw.com/?p=500842026-07-24T09:07:11Z2026-07-24T09:07:11ZWhat should families review carefully?
When a settlement is on the table, several details deserve close attention. That may include:
How the claim breaks down
Which damages belong to surviving family members
Whether estate-related issues are involved
How liens or debts may affect payment
Whether any portion of the settlement may have different tax treatment
These issues can affect how much of the settlement actually reaches the family. They can also prevent confusion about who receives what and whether other claims may reduce the payout. Pennsylvania’s wrongful death law also separates certain family losses from some estate-related issues, such as claims tied to the decedent’s unpaid medical bills or other obligations that may pass through the estate.
Settlement details may affect what the family actually receives
Questions about allocation, liens and payout terms may matter just as much as the total amount of the settlement. A lawyer can help review whether a proposed recovery involves estate questions, outside claims or other issues that may affect what the family ultimately receives after a fatal accident claim.]]>On Behalf of The Homyak Law Firm, P.C.<![CDATA[Filing a wrongful death claim: What if family members disagree?]]>https://www.homyaklaw.com/?p=500822026-07-11T12:10:22Z2026-07-11T12:10:22ZGrief can lead to different decisions
A disagreement does not always prevent a claim, but it can affect how the case moves forward. Important considerations include:
Who has filing authority: In Pennsylvania, a wrongful death claim is filed by the personal representative of the deceased person’s estate on behalf of eligible family members. If no representative has been appointed within six months of the death, certain beneficiaries, such as a spouse, child or parent, may be able to file the claim directly. A family vote does not determine who has legal authority to proceed.
How beneficiaries participate: Eligible family members may receive compensation even when they did not start the case. They may also need notice of a proposed settlement.
How compensation is divided: State law, family relationships and proven losses may affect distribution. When relatives cannot agree, a court may determine each person’s share.
Why delays matter: Family conflict can consume time. Filing deadlines continue to run and evidence may become harder to preserve.
You do not have to resolve every disagreement before learning how the process works. Clear communication from a legal professional can help separate personal concerns from legal authority. Because of filing rules and family rights, it may prove to be crucial that you receive third-party guidance as soon as possible to consider a path that respects the claim and your family’s loss.]]>On Behalf of The Homyak Law Firm, P.C.<![CDATA[What should crash victims know about spinal cord injuries?]]>https://www.homyaklaw.com/?p=500802026-06-25T18:03:01Z2026-06-25T18:03:01ZDamage to the spinal cord can lead to effects in multiple areas of the body. The affected area of the body is always below the place that’s damaged on the spinal cord. Because of this, injuries on the lumbar spine in the lower back won’t affect as much of the body as one in the cervical spine near the neck.
Effects can vary greatly
Not all spinal cord injuries affect a victim in the same way. While most people think of paralysis when they hear about a spinal cord injury, but that’s not the only thing that can happen. People can suffer from lack of sensation or limited movement in affected areas of the body.
The type of spinal cord injury at issue can directly affect what effects the victim has to deal with. Spinal cord injuries are categorized as either complete or incomplete. A complete injury is one that involves fully severed nerves at the injury site. An incomplete injury is one that still has some nerves connected.
Incomplete injuries are usually more likely to have a better chance of recovery than complete injuries. This is because the nerves that are still connected will allow nerve signals to travel to the affected area of the body, so there’s a chance the person will be able to regain some function or sensation. That’s generally not possible with a complete injury.
Life after a spinal cord injury isn’t easy, and it can be quite costly. Victims of motor vehicle crashes that were the result of another person’s negligence may opt to pursue a compensation claim accordingly.]]>On Behalf of The Homyak Law Firm, P.C.<![CDATA[Can you have a TBI without losing consciousness?]]>https://www.homyaklaw.com/?p=500782026-06-17T11:16:42Z2026-06-17T11:16:42ZYour brain can sustain real damage even when you stay fully conscious
During a car accident, fall or other sudden impact, the brain can collide with the inside of the skull. That force can cause bruising, bleeding or microscopic damage to brain tissue without ever causing a person to lose consciousness. Symptoms may not appear immediately. Adrenaline and shock can also mask neurological changes for hours or even days after an accident.
When symptoms do surface, they can include persistent headaches, difficulty concentrating, memory problems, irritability, sleep disturbances and sensitivity to light or sound. These signs are easy to attribute to stress or fatigue, but they may point to something that requires medical attention.
A loss of consciousness is not required for a TBI diagnosis
According to the American Congress of Rehabilitation Medicine, loss of consciousness is not a required criterion for diagnosing a mild traumatic brain injury. What matters is whether the brain experienced a disruption in normal function, and that can happen even when a person remains fully awake and aware of their surroundings.
What you do not know can be used against you
Insurance companies and defense lawyers often use the absence of a blackout to dispute a brain injury claim. They may argue that if you had stayed conscious, the impact could not have been serious. That is why seeking medical evaluation promptly after an accident creates a record that is much harder to dismiss. Without it, a real injury can be made to look like no injury at all.
If you suspect you may have suffered a TBI, speaking with an experienced legal counsel can help you understand your rights and protect your claim before it is too late. A brain injury without a blackout is still a brain injury. An attorney can help ensure it is treated that way.
]]>On Behalf of The Homyak Law Firm, P.C.<![CDATA[Why minor vehicle damage does not always mean minor injuries]]>https://www.homyaklaw.com/?p=500762026-06-11T06:08:50Z2026-06-11T06:08:50ZA car accident can feel unsettling, even when the vehicles involved appear to only have minor damage. Many people assume that if the damage to a vehicle is limited, the occupants must have been able to escape without serious injury.
Unfortunately, the condition of a vehicle after an accident does not always reflect the physical impact experienced by the people inside. Some injuries may not be immediately visible and can take days or even weeks to fully develop.
The human body can absorb significant force
Low-speed collisions may seem harmless, but they can still generate enough force to cause injuries. During a crash, the body is often thrown forward, backward or sideways in a matter of seconds, placing stress on muscles, ligaments and joints. As a result, injuries such as whiplash, soft tissue damage and back injuries can occur even when vehicle repairs are minimal. A study published by the Association for the Advancement of Automotive Medicine examined 105 minor rear-end crashes and found that 113 occupants were diagnosed with crash-related injuries and physical complaints within five weeks of the collision, demonstrating that even low-speed impacts can result in meaningful harm.In some situations, symptoms may not appear right away. Adrenaline and shock can temporarily mask pain, leading accident victims to believe they are unharmed. Hours or days later, they may begin experiencing neck stiffness, headaches or other symptoms that interfere with daily life. Seeking prompt medical attention after any collision can help identify injuries before they worsen. Even when a crash appears minor, it is important to take injuries seriously and understand your rights. If you or a loved one has been hurt in an accident, speaking with an experienced legal professional can help you evaluate your options and determine the best path forward for protecting your recovery.
]]>On Behalf of The Homyak Law Firm, P.C.<![CDATA[How car crashes cause limb loss]]>https://www.homyaklaw.com/?p=500742026-05-25T19:37:31Z2026-05-25T19:37:31ZThrough traumatic amputations
A traumatic amputation occurs due to extreme physical trauma. In a car crash scenario, the force of the initial collision can be enough to separate a limb or extremity from a body.
Traumatic amputations that occur during a crash are incredibly dangerous. The injured person can lose a fatal amount of blood. They incur significant infection risk. They may go into shock in response to the severity of their injuries, which can cause a cascade of other medical complications.
Through injuries that require extreme interventions
Car crashes sometimes cause such severe damage to body parts that medical professionals have no choice but to perform a surgical or medical amputation. Medical amputations occur in a surgical theater, so the risk of infection and severe blood loss is much lower. However, nerve damage and functional limitations caused by the loss of a body part are still a concern.
Reviewing insurance paperwork, crash reports and medical records with a personal injury attorney can help those with catastrophic injuries understand their options. When another driver was at fault for a crash, a lawsuit might be possible when insurance is insufficient to cover a victim’s losses.]]>On Behalf of The Homyak Law Firm, P.C.<![CDATA[How diagnostic errors are dangerous]]>https://www.homyaklaw.com/?p=500712026-05-17T03:42:31Z2026-05-17T03:42:31Zsignificantly harmed by such a medical error:
Worsening of a condition
Diagnostic errors prevent or delay appropriate treatment. This can lead to worsening of a condition. A disease can progress to a stage that is difficult to treat or even fatal without early, accurate intervention.
For example, if a patient with symptoms of cancer is not diagnosed early, the disease may not be discovered until it’s at an advanced stage. This can also be the case with Alzheimer's disease, dementia, multiple sclerosis, cardiovascular disease, osteoarthritis, organ failure and diabetes.
Unnecessary or harmful treatment
A misdiagnosis can result in a patient receiving unnecessary or even harmful treatment. For example, administering chemotherapy drugs to a patient who has been misdiagnosed with cancer can put healthy cells at risk in addition to the patient experiencing chemotherapy side effects, such as hair loss, fatigue, nausea and increased infection risk.
Further, performing an unnecessary surgery unreasonably exposes a patient to the inherent risks of surgery. This can also result in damage to healthy organs, nerves, or tissues. For instance, when a healthy organ is removed after a misdiagnosis of a tumor.
Cases of amputations stemming from misdiagnosis have also been reported. Additionally, a patient taking medications for a condition they don’t have can lead to organ damage, unnecessary side effects and worsening of the actual condition.
A misdiagnosis can lead to severe harm or even death. It can also cause psychological and financial impacts. If a health care provider acted negligently, causing you harm, learn more about how to protect your rights.]]>