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Medical professionals are entrusted with safeguarding our health, but errors in diagnosis can have devastating consequences. Misdiagnoses are more common than many realize and can lead to delayed treatment, worsening conditions, or unnecessary procedures. Frequent Misdiagnoses Some conditions are more prone to misdiagnosis than others. Examples include: Cancer: Symptoms may be attributed to less severe illnesses, delaying critical treatment. Heart Attacks: Signs like fatigue or chest discomfort may be mistaken for anxiety or indigestion. Strokes: Symptoms such as dizziness or confusion might be overlooked, especially in younger patients. The Impact of a Misdiagnosis A misdiagnosis can result in physical, emotional, and financial hardship. Patients may undergo unnecessary procedures or miss the opportunity for effective early treatment. Preventive Measures While patients rely on medical professionals for accurate care, they can advocate for themselves by seeking second opinions, asking questions, and providing complete medical histories. Misdiagnoses remind us of the importance of diligence in healthcare. Staying informed and proactive can help reduce the likelihood of errors and ensure timely, effective treatment. If you believe you have been harmed due to a misdiagnosis, Jensen Bagnato P.C. is here to help. Contact us today to discuss your situation and explore your legal options.

Philadelphia roadways are bustling with activity, and accidents can happen in an instant. When determining fault in a motor vehicle accident, Pennsylvania's comparative negligence laws come into play. But what does this mean for those involved? The Basics of Comparative Negligence In Pennsylvania, fault is not always black and white. Comparative negligence allows for each party's degree of responsibility to be assessed. For instance, if you are found to be 20% at fault for an accident, your compensation could be reduced by that percentage. How Fault is Determined Fault is determined by evaluating factors such as driving behavior, traffic laws, and witness accounts. This process ensures that liability is fairly distributed based on the circumstances. The 51% Rule Under Pennsylvania law, you can only recover compensation if you are found to be less than 51% at fault for the accident. If your fault exceeds this threshold, you may not be eligible for damages. Why It Matters Understanding comparative negligence is crucial when navigating the aftermath of an accident. It emphasizes the importance of gathering evidence, such as police reports, photographs, and witness statements, to support your case. Navigating the nuances of comparative negligence can be complex, but knowing your rights and responsibilities can help you move forward with confidence.  If you have been involved in a motor vehicle accident, Jensen Bagnato P.C. can help you understand your legal options. Contact us today for a consultation to protect your rights.

Deportation profoundly affects families; it can lead to emotional, financial, and psychological distress, especially when a family member is deported. Family separation can disrupt an entire family unit, creating a ripple effect of challenges for both the individual who’s been deported and those left behind. It is particularly hard on children, for whom the instability of losing a primary caregiver can lead to grief, confusion, anxiety, and depression. Making matters worse, the deported individual is often the primary breadwinner, leading to financial hardship, housing insecurity, challenges in accessing education, and social isolation for those left behind. In today’s political climate, it is very difficult to know what legal remedies will help prevent family separation. Every situation is different and will depend on the specific circumstances. One of the primary ways to avoid deportation and family separation is through a process called cancellation of removal. This form of relief is discretionary and only available to those who meet strict eligibility criteria, including continuous residence in the U.S. for a specified period and evidence that their deportation would cause "exceptional and extremely unusual hardship" to a U.S. citizen or lawful permanent resident family member. Seeking asylum is another option to avoid deportation and family separation. Asylum protects individuals facing persecution in their home country and lets them remain with their families in the U.S. Similarly, Temporary Protected Status (TPS) offers a temporary reprieve from deportation for people from designated countries experiencing armed conflict, natural disasters, or other extraordinary conditions. For some illegal immigrants to the United States, Deferred Action for Childhood Arrivals (DACA) is the best home. DACA provides temporary relief to certain undocumented individuals brought to the U.S. as children. It lets them remain with their families while pursuing education or employment, but the status of those on the DACA list is currently in question. Family-based immigration petitions are another possibility that may allow U.S. citizens and lawful permanent residents to sponsor eligible relatives. Unfortunately, this process is complicated and can take a very long time, during which the risk of deportation remains very real. There are legal remedies to avoid deportation, but they are increasingly difficult to access and need legal knowledge to navigate. For help, contact us today to set up a time to discuss your situation.

Winter in Philadelphia is no stranger to icy sidewalks and hazardous conditions. Unfortunately, these slippery surfaces often lead to accidents, leaving victims with injuries that can disrupt their lives. While the aftermath of a fall may be overwhelming, there are crucial steps you can take to protect your rights. Document the Scene One of the first steps after a slip-and-fall is to document the scene. Take photos of the icy conditions, the surrounding area, and any potential hazards that contributed to the fall. These images can be invaluable later if you decide to pursue a claim. Seek Medical Attention Even if you feel fine initially, it’s essential to seek medical attention promptly. Some injuries, such as concussions or soft tissue damage, may not be immediately apparent. Medical records will also provide clear documentation of your injuries. Report the Incident Notify the property owner, landlord, or business manager about your fall. Ensure that a report is filed, and request a copy for your records. A written report can establish that the incident occurred and provide details about the conditions at the time. Collect Witness Information If anyone saw your fall, collect their contact information. Witnesses can provide valuable testimony about the hazardous conditions and how the incident unfolded. Keep a Record of Expenses Keep track of medical bills, lost wages, and other expenses related to your fall. These records can help quantify the impact of the incident on your life. Winter conditions may be unpredictable, but knowing your rights and taking the appropriate steps after a slip-and-fall can make all the difference.  If you or a loved one has been injured in a slip-and-fall accident, contact Jensen Bagnato P.C. Our experienced team is here to provide the guidance and support you need. Call us today to schedule a consultation.

Divorce is never easy, and that’s especially true when there are kids involved. The holidays present special challenges, as both parents want to be the ones to spend time with the kids, visit family, and make special memories. Resolving this requires cooperation from both sides, and that can be hard. The best way to approach the issue is to remember that it’s about the kids more than about you and that if you both give a little, you can make sure that the kids remember the holidays as being joyful rather than filled with stress. Some helpful strategies to make this happen include: Everybody knows when the holidays are, so there’s no reason to wait until the last minute to make plans. Create a shared custody calendar for the holidays that specifies who has the kids when, what the transitions are, and how they will be handled. It may feel silly to go into specific details months beforehand, but you will be glad you did when the time comes. Also, early planning allows everybody to know ahead of time, plan, and anticipate rather than being disappointed or surprised at the last minute. Make sure all of your plans are based on what makes the kids happiest. It’s easy to prioritize yourself, but it’s your kids who need the most stability at the holidays. Traditions are important, especially for children who are already struggling with divorce. Work together to make sure that the holidays are in keeping with what makes your kids happiest, even if it means compromise. Alternating holidays or splitting them is often the easiest answer to a difficult problem. Maybe on even years, you have Thanksgiving, and your ex has Christmas, and on odd years, you switch – or maybe one of you has Christmas eve, and then you switch midway through Christmas day, then switch off next year. Work to make things fair. No rule says you can’t celebrate holidays twice. If your kids have to be with your ex on Christmas, then when they return to your house, you can have your own Christmas 2.0. Kids will not object to having an extra day of presents and celebration! The most important thing about your schedule, whether surrounding the holidays or any other time, is that you keep the lines of communication open and remain flexible. It may feel good to say no in a moment of pique, but at some point, you will be looking for a shift in the schedule yourself. Put the kids first!

If you’re facing deportation and need an answer that allows you to stay in the United States, a legal process known as cancellation of removal may be the best remedy for you. There are differing eligibility requirements based on whether you’re a lawful permanent resident or a non-permanent resident. Let’s look at those requirements and what the process entails. If you’re a lawful permanent resident facing a deportation procedure, you need to meet the following criteria to use the cancellation of removal procedure: At least five years of lawful permanent residency. At least seven years of continuous residence in the U.S. after lawful admission. No aggravated felony conviction. If you’re a lawful non-permanent resident facing a deportation procedure, the criteria you need to meet to use the cancellation of removal procedure are more rigorous: At least 10 years of continuous physical presence in the U.S. before applying. Good moral character during this period. No convictions of certain criminal offenses. Proof that removal would cause exceptional and extremely unusual hardship to a qualifying relative, such as a U.S. citizen or LPR spouse, parent, or child. No matter which categories you fall under, it’s important to be able to show the immigration judge that you deserve to have your removal canceled. This is generally done by showing the positive contributions that you’ve made to society or your community and that these good acts outweigh any reason supporting your removal. To apply for cancellation of removal, lawful non-permanent residents need to file Form EOIR-42A, and lawful non-permanent residents need to file Form EOIR-42B. Both forms require submission of supporting documentation, including evidence of residency, good moral character, and hardship to qualifying relatives. Detailed evidence in support of your application can include records, affidavits, medical reports, and school records. You will also need to attend a hearing where you’ll provide testimony explaining your circumstances and answer questions from both the judge and a government attorney explaining why you are deserving of consideration. After hearing your testimony, the immigration judge will evaluate your application and the supporting evidence you’ve provided. They’ll also consider your statutory eligibility and other discretionary factors. If your application is approved, the removal proceedings will be terminated, and you’ll be able to remain in the U.S. If you’ve gone through this process as a lawful non-permanent resident, the result of going through this procedure is that you’ll be granted permanent resident status. Unfortunately, this is not a simple process, and there are limits to how many of these grants are provided to lawful non-permanent residents each year. If this is a process that you need to go through, your case will be significantly strengthened by working with an experienced immigration attorney .

It’s fall – the time when the weather turns cooler, the leaves turn colors, and we celebrate Halloween and Thanksgiving and the return of football. Almost one-third of Americans say it’s their favorite time of year. … Unfortunately, it’s also the peak season for deer-related vehicle collisions. There are a lot of reasons for that, including the fact that it’s rutting season – the time when the animals venture out a bit more to mate. Of course, shorter daylight hours and increased darkness during commuting times play their part as well: the beautiful animals are harder to see, drivers have much less time to react, and autumn foliage does its part to camouflage them, making accidents even more likely, especially since deer are most active at dawn and dusk, the time when most people are on the road, commuting to and from work. Deer-related accidents are serious business. Beyond the trauma of killing or harming an animal, they result in significant damage to your vehicle and account for many injuries and deaths. The tips below can help you avoid being one of the thousands involved in a deer-related accident each year. Stay Alert in High-Risk Areas: Pay close attention to deer crossing signs, which are placed in areas with a high likelihood of deer activity. Be extra vigilant near wooded regions, open fields, and water sources. Use High Beams When Appropriate: High beams improve your visibility at night, allowing you to spot deer sooner, but remember to use them cautiously — you don’t want to blind oncoming traffic. Reduce Speed: Slowing down, especially in high-risk areas during dawn and dusk, increases reaction time if a deer appears. Remember that there’s probably more than one: If you see a deer crossing the road, there’s a good chance that others are nearby. Always anticipate more animals following the first. Avoid Swerving: If a collision seems unavoidable, brake firmly and stay in your lane. Swerving to avoid a deer can lead to loss of control, potentially causing a more severe accident. Use Defensive Driving Techniques: Keep a safe following distance from the car ahead of you, as they may stop suddenly when deer appear. Deer share our world, and sometimes that includes our roads. By staying vigilant and adapting your driving behavior, you can cut your risk of a deer-related collision.

Divorce is never easy, and it’s especially hard when there are minor children involved. Reaching an agreement on custody is among the most fraught aspects of family law, and when one parent wants to relocate with their children, the situation becomes even more fraught. If you are a custodial parent and you want to relocate with your children — especially across state lines — you should prepare for an intense legal journey. Below, you’ll find a brief general overview, but keep in mind that every situation is different, and your best course of action is to seek legal guidance as soon as possible. The first step that a parent planning to relocate should take would be to carefully review your existing custody agreement. A custody agreement that has been crafted by an experienced divorce attorney and approved by the courts will likely include clauses specific to the conditions that must be met for relocation to be considered. If your plans fall within the parameters that have been spelled out, then your process will be straightforward. However, in most cases, the custodial parent will need to obtain consent from the other parent, the court, or both. Once you understand what’s required, your next step will be to provide formal notification to the other parent. Even if you are on good terms with your ex and speak with them regularly, you need to send them a letter, at least 30-60 days before the move, notifying them of your new address and the reason for the relocation. The document should include a proposed revised visitation schedule. Failure to notify the other parent can have serious legal repercussions and will reflect poorly on you in a hearing. If your ex objects to your relocation with the children, you may need to escalate the matter to the court. Petitioning the court for approval requires showing that your decision to move with the children is in their best interest and should factor in the child’s relationship with both parents, the reason for the move, educational opportunities in the new location, and other potential impacts of both staying (if negative) and leaving (if positive) for the child. You are strongly encouraged to have legal representation for this critical step and be prepared to provide proof of the move’s benefits. Remember that the non-custodial parent has rights, too, and the impact of the move on visitation and maintaining a relationship with the child will be taken into serious consideration by the court. If your relocation with the children is approved, you will need to craft a revised custody agreement that includes new visitation schedules. If you are moving far away, this may involve extended holiday visits to make up for lost time. Consideration may need to be provided if the new arrangement represents a financial burden for the other parent. Moving your children is always fraught, and in a divorce situation, it can become cause for significant animosity. Consider your decision carefully and seek legal help from experienced professionals.