Liever Hyman Potter
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WE FIGHT
TO WIN

The attorneys of Liever Hyman Potter

AUTO ACCIDENT ATTORNEYS, PERSONAL INJURY & MALPRACTICE LAWYERS

Since our founding in 1959, we have won thousands of awards and settlements for victims and their families, including million-$ and multi-million-$ settlements.

E-MAIL    |    TEL    610 370 6682    /    570 794 5017    

Our litigation team obtained a settlement with
a lifetime payout of over $12,750,000 for a middle
aged woman who was diagnosed with a brain
arteriovenous malformation.   read more

A $1,280,000 settlement has been reached in
favor of a retired man seriously injured in an
auto accident at a city intersection.   read more

The insurer for the driver of a truck that swerved to
avoid rear-ending a school bus and collided with
another vehicle has paid 1.2 million for the serious
injuries suffered by the other driver.   read more

A daycare center accident that blinded one eye
of a 22-month old child and that “could have and
should have been prevented,” has been settled...
read more

A woman who was seriously injured when her
vehicle was struck by a drunken driver has won
a settlement of 2.5 million.   read more

Auto/Truck/Motorcycle Accidents; Personal Injury; Medical Malpractice; Nursing Home Abuse & Neglect; Workers' Compensation; Products Liability
Medical Malpractice; Nursing Home Abuse & Neglect; Auto/Truck/Motorcycle Accidents; Personal Injury; Workers' Compensation; Products Liability
Auto/Truck/Motorcycle Accidents; Personal Injury; Medical Malpractice; Nursing Home Abuse & Neglect; Workers' Compensation; Products Liability
Workers' Compensation; Auto/Truck/Motorcycle Accidents; Personal Injury; Medical Malpractice; Nursing Home Abuse & Neglect; Products Liability
Workers' Compensation; Auto/Truck/Motorcycle Accidents; Personal Injury; Medical Malpractice; Nursing Home Abuse & Neglect; Products Liability
Auto/Truck/Motorcycle Accidents; Personal Injury; Medical Malpractice; Nursing Home Abuse & Neglect; Workers' Compensation; Products Liability

Sudden Medical Emergency Is Affirmative Defense: So Says The Pennsylvania Superior Court

March 18, 2013 by admin

Shiner v. Ralston, 1791 MDA 2011 (Pa. Super. Feb. 22, 2013)

“[T]he sudden medical emergency defense is an affirmative defense often pled as sudden loss of consciousness or incapacitation. Since the defense avoids negligence, it must be pled as new matter and proven by the defendant.” The Court distinguished the sudden medical emergency defense from the “sudden emergency doctrine” in that the latter “relates to the standard of conduct applied to ‘a driver who, although driving in a prudent manner, is confronted with a sudden or unexpected event which leaves little or no time to apprehend a situation and act accordingly should not be subject to liability because another perhaps more prudent course of action was available.’

At Liever, Hyman & Potter we often face these kinds of defenses presented by lawyers on behalf of motorists that cause severe injuries to our clients. The claims may be that “I blacked out” or “I must have had a heart attack or a seizure” and “that’s why I drove into the oncoming lane” or “missed that stop sign.” Now the defendant has to plead that defense in writing at the beginning of the lawsuit and has the burden of proving the medical excuse. We know how to combat these defenses and present persuasive evidence for our clients . If you have been hurt in an accident and the other driver claims it was an Act of God or that he suffered from a medical emergency consult an attorney. At Liever, Hyman & Potter we have been handling these kinds of cases since 1959. Our office is in Reading PA and we service all of Central and Eastern Pennsylvania including Berks and Schuylkill Counties. Some of our clients come from the Pottsville area as well as Reading, Wyomissing, Boyertown, Kutztown, Pottstown, Lebanon, Lancaster and most other nearby communities.


SERVING VICTIMS OF:
MOTOR VEHICLE INJURY
CAR ACCIDENTS
TRUCK ACCIDENTS
MOTORCYCLE ACCIDENTS
DRUNK DRIVERS
SLIP AND FALLS
WORKERS' COMPENSATION
OCCUPATIONAL DISEASE
UNSAFE PRODUCTS/CONDITIONS
WORK INJURIES
WRONGFUL DEATH
INADEQUATE WORKERS COMP.
MEDICAL MALPRACTICE
DOCTOR/HOSPITAL ERRORS
SURGERY ERRORS
OPERATING ROOM MISTAKES
PREGNANCY & BIRTH INJURIES
MISDIAGNOSIS
FAILURE TO DIAGNOSE
PRESCRIPTION ERRORS
FAILURE TO DIAGNOSE CANCER
NURSING HOME NEGLECT
NURSING HOME ABUSE
BED SORES