InjuryBoard Local Blogs

Dog attack victim comes to Virginia dog bite lawyer Doug Landau at end of statute of limitations

Doug Landau — Thu, 03 Dec 2009 01:52:00 GMT

Most Virginia injury cases have a two year time limit. Some personal injury cases get a longer "statute of limitations." Virginia dog bite lawyer Doug Landau of ABRAMS LANDAU, Ltd., was contacted by a young man whop was attacked by a neighbor's dog over 15 years ago ! While most cases that old or "stale" would be dismissed by the Court for having been filed past the time limit ("statute of limitations"), in cases involving minors under the age of 18, the law gives additional time to claims on behalf of children. Often, injured children in Virginia are given until their 18th birthday, and then the regular 2 year time limit begins to run. This young man was advised to wait by family members. He endured a difficult time in school because of his facial scarring and head injuries, and his doctor had retired and moved away. Defendant neighbors had also left the area years ago. The Defendants' dog had long since died. Any witnesses that may have been helpful in this case could no longer be found. The injured dog attack victim's original lawyer also had passed away.

So, while his claim was still within the legal time limits, his case would be impossible to prove at this very late date. Plus, the time limit for collecting any medical payments had expired over a dozen years ago. On these facts, we sadly had to tell this injured and permanently scarred young man that we would not be able to represent him. Had he (or his parents) contacted us a dozen years ago, or more, then we would likely have given him a different answer. But sometimes potential clients wait until it is too late to practically and effectively pursue their cases for permanent dog bite injury and scarring. Call or e-mail an experienced InjuryBoard dog bite law firm like ABRAMS LANDAU at once, because waiting can ruin your case even if you are within the legal time limits.

Originally posted at InjuryBoard by Doug Landau

Arizonian Arrested After Hit And Run In Todd County

Mike Bryant — Wed, 02 Dec 2009 20:19:00 GMT

Thursday afternoon, a hit and run driver was arrested by the Todd County Sheriff. The pick up driver had hit a 71 year-old man and left the scene. Witnesses were able to describe the truck and spotted one matching the description in a driveway. The pedestrian was injured and taken to Long Prairie Memorial Hospital.

Often when the drivers are tracked down, it is determined that the driver was drunk, high or driving with no insurance. If you or a family member is ever involved with a hit and run driver, it is imperative that the police be contacted right away and they be told everything so that an investigation can be successful. All witnesses need to be spoken to and all evidence will need to be preserved.

This is also the time when you learn how good your own insurance coverage is. Your No Fault PIP coverage will be needed to cover your medical bills, wage loss, medical mileage and replacement services. If you have more than one car on your policy, hopefully you have stacked coverage which multiplies your minimum limits by your cars. The other coverage that will come in to play is your Uninsured motorist coverage. This is the coverage that you have to protect you when the other car has no coverage or is nowhere to be found. As I pointed out previously and other members has advised, this may be a vital coverage as more people are forgoing insurance coverage in tough economic times.

Originally posted at InjuryBoard by Mike Bryant

Outrageous hospital billings.

Gerry McGill — Wed, 02 Dec 2009 17:37:29 GMT

Ever wonder why hospital bills are so high? Consider these: Patient Jim Bujalski complained to St. Anthony's Hospital in Littleton, CO, about the cost of his prescription Plavix and Crestor tablets, which he was forced to "buy" while hospitalized. He could not use his own medications beause the Hospital only "administers drugs under its own control". The Plavix was $248 each, (he pays $8 at home) and his Crestor was $65($3 at home). That's a mark-up 31 times for Plavix and 21 and 2/3 for Crestor. The medications were part of his $58,000, one-day hospital stay.

Further, Medical Billing Advocates of America, a private firm that patients can hire to help consumers sort through their medical bill for errors, over-billing or outright fraud, has reported patients bills that contain a $2 box of tissues billed as a "mucus recovery system" for $12, a piece of gauze used to wipe down surgical equipment billed as a "fog eliination device" for $57, and a Teddy Bear billed as a "cough support device" for $57.

Medical Billing Advocates of Florida estimates that as many as 80% of all medical bills contain billing errors of some type but a spokesman for Humana, a health insurance company that receives about 6 million claims a month says that 90% of the bills do not contain errors. Assuming that neither advocacy group is totally correct and the difference is somewhere in between, there are certainly many, many errors made. Call me a cynic, but I can't help but believe that the number of overbillings greatly exceed errors in the patients' favor.

Originally posted at InjuryBoard by Gerry McGill

Proposed Legislation Would Protect Consumers, Hold Insurance Companies Accountable

David Mittleman — Wed, 02 Dec 2009 16:42:55 GMT

Earlier this week, Democrats in the Michigan House of Representatives introduced a package of bills that would strengthen consumer protection and prevent auto insurance companies from engaging in unfair trade practices. The proposed law, which is made up of ten separate bills, represents a significant step toward safeguarding consumers' interests.

Under the current law, insurance companies can consider someone's credit history, education, and occupation when setting insurance rates. The new law would prohibit this practice, as well as prevent auto insurance companies from raising an individual's rate following an accident if he or she was not at fault. In addition, the state insurance commissioner would have to sign off on any potential rate increases.

The new bill package essentially adopts the recommendations put forth by consumer advocates in February of this year. Despite its brutal economic climate, Michigan ranks in the top quarter of all states in terms of total auto insurance premiums.

Until now, auto insurance companies have been able to fix rates based on irrelevant and discriminatory information. Hopefully, that is about to change and consumers will be able to enjoy a fair and reasonable method of determining auto premiums.

Originally posted at InjuryBoard by David Mittleman

Protect Your Personal Data!!

Bruce Bierhans — Wed, 02 Dec 2009 14:21:58 GMT

We all know that identity theft can be an enormous problem for a victim, and the risk of such theft is enhanced by our use of computers. Our own Supreme Judicial Court has recognized the gravity of the problem, and effective September 1, the court adopted a policy known as "Interim Guidelines for the Protection of Personal Identifying Data in Publicly Accessible Court Documents".

An SJC press release states that the guidelines "were developed to begin to protect personal information in public documents....". Unless an exemption applies, court filings may no longer contain the complete number of any of the following information: social security number, taxpayer id number, credit card number, financial account number, drivers license number, state issued id card, passport number, or maiden name of a person's mother. Any filings may only contain the last 4 digits of any number or only the first initial of the mother's maiden name.

Think of how often a vendor, store clerk, or other individual in the daily course of business requests any of the above information. Not that it's a great revelation, but the action of the SJC does serve to stress the importance of the confidentiality of much of the above referenced personal data. Whenever you are asked for this data, you should question why it is necessary for the inquirer to possess and ask whether or not there is any reasonable alternative to providing the requested information.

When you're out shopping this holiday season, protect yourself and your identity! Happy Holidays!

Bruce A. Bierhans

Originally posted at InjuryBoard by Bruce Bierhans

Cancer Misdiagnosis and Its Consequences

John Cooper — Wed, 02 Dec 2009 13:04:00 GMT

According to American Cancer Society, 565,000 people in the U.S. died of cancer in the year 2008 alone. It is estimated that anywhere from 8% to 12 % of these cancer cases were initially misdiagnosed. A cancer misdiagnosis can greatly affect the lives of the patient as well as that of the family. It causes emotional and mental suffering, asi well as the fact that it creates a significant financial strain on all involved. In some instances, the misdiagnosis may have debilitating consequences as result from potentially unnecessary chemotherapy, radiation and surgery. Death or the loss of a substantial chance of survival is another common harm from delayed cancer care.

Every patient has the right to seek a physician’s second opinion. During your examination, never be afraid to ask questions concerning the laboratory and medical procedures. However, once confirmed it is imperative to start treatment immediately.

Cancer misdiagnosis may include:

Improper identification of a tumor as non-cancerous;
Improper labeling or handling of a biopsy specimen;
Failure to routinely check at risk patients;
Failure to review the medical history of the patient's family when considering symptoms and making a diagnosis;
Improper grading of cancer in terms of severity; and
Failure to refer a patient to a specialist.

Regardless, always feel free to seek a 2^nd opinion prior to any treatment of cancer. Obviously, this should be done quickly as time is of the essence. If this protocol has been followed you have probably minimized the likelihood of a misdiagnosis. However, if after reading this article you feel there may be a chance that you have been misdiagnosed, you should seek knowledgeable legal counsel to determine your rights.

About the Editors: Shapiro, Cooper Lewis & Appleton personal injury law firm is based in Virginia (VA), near the NE North Carolina (NC) border and handles car,truck,railroad, and medical negligence cases and more. Our lawyers proudly edit the Virginia Beach Injuryboard, Norfolk Injuryboard, and Northeast North Carolina Injuryboard as a pro bono public information service. Lawyers licensed in: VA, NC, SC, WV, DC, KY.

Originally posted at InjuryBoard by John Cooper

Experts Not Permitted to Testify Plaintiff is Faking or Exaggerating Symptoms

Michael Phelan — Wed, 02 Dec 2009 11:21:33 GMT

A written opinion issued earlier this month from the United States District Court for the Eastern District of Virginia, Richmond Division slams shut the door on the defense practice of hiring a medical expert to accuse the plaintiff of malingering, symptom magnification, being motivated by secondary gain, having somatoform disorder or any of the other names used by defense doctors to imply that injured plaintiffs are faking or lying. In Kidd v. Wal-Mart Stores, Inc., et al., Civil Action No. 3:09CV264, Magistrate Judge M. Hannah Lauck ruled that even if a medical expert possesses sufficient psychological expertise to offer expert testimony as to whether the plaintiff evinces symtom magnification or somatiform disorder, the Court would not permit the experts to opine whether the plaintiff has such disorder because "[s]uch testimony far too easily invades the province of the jury or comments on the credibility of the Plaintiff."

One often sees in defense neuropsychological reports opinions along the lines that the plaintiff's complaints have a functional component, are motivated by secondary gain, represent symptom magnification or malingering, etc. I make it a practice to move to exclude such opinions as being the type of testimony the goes to the truthfulness or credibility of a witness and invades the province of the jury. See Pritchett v. Commonwealth, 263 Va. 182, 186-187, 557 S.E.2nd 205, 208 (2002). Virginia state trial courts have been receptive to this argument, and it is good to see the federal district court following suit.

Originally posted at InjuryBoard by Michael Phelan

Let's Get Real About Lawsuits and Corporate America and Organized Medicine

David Mittleman — Wed, 02 Dec 2009 10:11:39 GMT

While browsing the blogging world I discovered a post by Joanne Doroshow on the The Huffington Post with which I completely agreed. Ms. Doroshow was taking on the hypocrisy of Corporate America and Organized Medicine when it came to their positions on access to the courts.

It boils down to this. When it's injured people who want access to the courts to protect what little rights they have left after "tort reform", corporate America and organized medicine blast the anti-litigation propoganda for all to hear. We hear about frivolous lawsuits, costs of litigation, and the threats to commerce.

But... when it's corporate America and organized medicine that want access to the courts to rack up money on even the most absurd claims, the anti-court propoganda disappears. Most likely, these corporate entities are suing smaller, weaker entities to squeeze them out of money over things most of us would probably shake our head over.

So here's the truth. When you hear television ads and see online postings talking to you about frivolous lawsuits and greedy plaintiffs, remember who is sending you the message. It's probably a corporate entity that's been suing over the craziest claims, but doesn't want injured persons without million dollar bank accounts to have access to the courts.

Is that hypocrisy? If it walks like a duck, and talks like a duck....

Originally posted at InjuryBoard by David Mittleman

La Salle University Settles With Family of Former Football Player for $7.5 Million

David Mittleman — Wed, 02 Dec 2009 10:00:00 GMT

In the past week the media has covered Ben Roethlisberger’s head injury and subsequent decision to first play in last Sunday’s game and then opt-out at the last minute when the doctors wouldn’t clear him. This was probably a good decision, since this is Roethlisberger’s fourth concussion. Unfortunately, Roethlisberger received flack from an unlikely source: his teammate, Hines Ward, suggested that Ben could’ve lied to team doctors for the good of the team. His reasoning was that he had lied to team doctors before when he wasn’t feeling perfectly healthy, so why couldn’t Ben? This is scary news in light of the mounting scientific evidence that repeated concussions can lead to severe brain damage and long-term neurological disorders.

Now the NFL might want to think twice about allowing this type of criticism of players who don’t play because they are seriously injured. In a lawsuit against La Salle University, the family of Preston Plevretes settled for $7.5 million with the school after Preston suffered a severe brain injury in 2005 after an earlier concussion went untreated. Preston will require care for the rest of his life.

Preston was a 19-year-old sophomore at the time of the incident. He was apparently injured during a 2005 game when he was hit while covering a punt against Duquesene University in Pittsburgh. He was immediately knocked unconscious and took three to five minutes to awaken. He then became extremely combative and lapsed into a coma. He later had surgery to relieve brain swelling, but returned to practice on October 4, where he sustained more helmet-to-helmet impact. Furthermore, he played in the next game but opted-out in the fourth quarter after complaining of a headache. Despite the settlement amount, La Salle University claims no responsibility in the accident.

Originally posted at InjuryBoard by David Mittleman

Two Single Car Accidents Remind Us That Winter Driving Requires Extra Care

Mike Bryant — Wed, 02 Dec 2009 09:47:00 GMT

Wednesday night, two separate collisions in northern Todd County were reported. Todd County Sheriff personal believe that snow played a role in both incidents.:

Around 7 am a eastbound pickup on Todd County Road 73 west of Hewitt lost control 73 and rolled.
An hour later, a southbound 2003 Chevrolet Cavalier on Todd County Road 23 near Hewitt went out of control, went into the ditch and rolled.

This is exactly the type of accident, I blogged about with: Single Car Accidents: Is There A Claim? . Hopefully, all of those involved will recover quickly, but if not the help of experienced Personal Injury attorneys can make a difference in getting to the bottom of what coverages are involved.

Despite the warm November it won't be long until we see winter conditions across the state. For all Drivers winter road tips from DPS and MnDOT include:

Always use seat belts.
Accelerate and decelerate slowly on icy/snow-covered roads to retain traction and avoid skids.
Do not use cruise control.
Do not “power up” hills, which may cause wheels to spin. Build momentum before reaching a hill and don’t stop while traveling uphill. Reduce speed before going downhill.
Know your brakes. Keep the heel of your foot on the floor and use the ball of the foot to apply firm, steady pressure on the brake pedal.
Give yourself plenty of travel time. Don’t put your schedule before safety.
Clear snow and ice from vehicle windows, hood, headlights, brake lights and directional signals.
Headlights must be turned on when it is snowing or sleeting.

Most police officers asked say the key is usually to Just Slow Down.

Sgt. Jeff Wenker of the Marshall Police Department made a number of great suggestions concerning winter driving. They included:

Watch the weather, don't travel if the weather is bad
Carry extra clothing, extra blankets and extra food with you and a heat source such as Sterno or candles is not a bad idea to take along.
An empty can, such as a coffee can, can be used for bathroom breaks. Toilet paper and hand wipes could be useful, as well.
If you are on medications, always carry extra.
Don't store extra water in your vehicle because it will freeze, but take extra water with you before you leave on the trip.
Make sure your cell phone is fully charged and bring a charger with you.
Let someone know the route you will be taking and do not deviate from it.
Take your time. A four-hour trip might take five. It's easier to drive slow when you've allowed the time.
If you do slide off the road or have to pull over due to the weather or road conditions: Your car can be an effective shelter so don't leave it unless you have to. Windchills are dangerous and can kill if you are exposed for too long. A vehicle offers some protection from that.
If it's a white-out, you don't want to walk out, because you can lose your way.
Run the engine 10 minutes every hour to help keep you warm. Bundle up in the extra clothes and blankets.
Keep the windows open a crack so you stand less chance of being poisoned by carbon monoxide. Check the tail pipe periodically and clear it if necessary to keep the exhaust from coming back into the vehicle.

Hopefully, all of the suggestions will lead to lives being saved and people making it home safe this winter.

Originally posted at InjuryBoard by Mike Bryant