How Will Medical Malpractice Insurance Change as U.S. Healthcare is Altered?

Posted on January 30, 2012 by Matt Powell

The state of the American healthcare system seems to be up in the air all the time.  As the government works to come up with a plan that will work for all members of this nation, there are other industries that must adjust their ways of doing business in order to adjust to the changes.  This includes professional liability insurers.  Currently, there are more than 200 insurers working to keep up with the alterations being made in Washington, D.C.

This is an industry that has been volatile throughout history.  After all, it is difficult to predict trends when your business is accidents.  However, pricing trends in this decade have given the companies reason for hope.

So how will changes to the healthcare system change the way that liability insurers do business?  For one thing, companies will be forced to rethink their available policies as more and more medical professionals come together in physician networks, rather than taking on the business as an individual practice.  This trend has been underway for some time, but it is likely to become even more attractive, including doctors working for hospital-owned facilities.  This transformation within the healthcare industry will make it difficult for many of the smaller insurers to compete with national insurance organizations.  Furthermore, those without the financial backing of the largest insurers will struggle to remain competitive.

As the industry undergoes the evolution of present time, it is likely that patients will see some backlash.  This is especially true for those who attempt to file medical malpractice claims.  It will become increasingly important for these individuals to select well-trained and experienced attorneys who are up-to-date with the latest changes in liability insurance.  If you have suffered injury or loss as a result of a doctor’s or nurse’s negligence, be sure to seek the advice of a lawyer in your area.

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Do You Know Who to Sue for Your Slip and Fall Injury?

Posted on January 27, 2012 by Matt Powell

There is one part of personal injury law that is far more important than many individuals understand.  It might seem obvious that a person who slips and falls in a public place would sue the restaurant, bank, grocery store, or other establishment.  However, determining who the lawsuit should be brought against is not always so simple.  This point has been highlighted once again as a defendant in Madison County, Illinois might have to start the legal process all over again.

Pamela L. Knight suffered multiple injuries when she slipped and fell on a wet floor of a Shop-n-Save in Granite City.  Knight hurt her neck, back, spine, and knee.  In addition to persistent physical main, the financial burden of growing medical costs and the mental anguish of the incident and its after-effects have left her desperate for help.  Her attorney helped her file a lawsuit against the Shriji Group, which does business as Shop ‘N Save.  That would seem to be the obvious choice of defendants, but the company recently filed an affidavit with the court because the Shriji Group apparently does not own that particular Shop ‘N Save where Knight suffered her injuries.  Though it does own another of the stores nearby, the Granite City location is not theirs, the company claims.

The outcome of this case has yet to be seen, but it should act as a reminder to those who are preparing to take a case to court, that it is very important to spend the necessary time and attention needed to ensure that the party being sued is truly the negligent party.  It can be time-consuming to go through the initial process of taking a case to court.  You would hate to start over as Pamela Knight may have to do.  This is yet another reason for aligning yourself with a knowledgeable and experienced attorney.

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Early Christmas Present for Man Severely Injured at Starbucks

Posted on January 25, 2012 by Matt Powell

In March 2008, a chiropractor stopped for a morning cup of coffee.  While picking up his order at the local Starbucks, he slipped on a freshly mopped floor.  The fall would change his life significantly.  Though Anthony Zaccaglin left that day on his own accord, he would have a rough day and evening.  After more than 24 hours suffering with a persistent headache and nausea, Zaccaglin finally made the call to the doctor.  The day after his accident he reported to his doctor’s office to find that he had suffered a concussion and, worse yet, mild brain damage.  In order to correct his injuries, doctors would have to spend more than a year working with him and that meant that the chiropractor would not be returning to his office.

As one might imagine, the mounting medical bills would be very difficult to pay when the man was unable to bring in a paycheck.  So, Zaccaglin armed himself with an attorney and went to court.  It would seem to most the Starbucks was relatively unwilling to negotiate with the man who suffered so badly on their property.  The reports suggest that the company offered just $100,000 to the man who lost an entire year of work, very likely a large number of his patients, and had to go through intensive therapy.

The court sided with the man just before the holiday season, awarding Zaccaglin and his family a whopping $7.5 million.  The reasons for this figure were recorded as loss of income, medical expenses, and the loss of enjoyment of life.

Zaccaglin is just one of many Americans who will suffer the pain and embarrassment of falling in a public place during their life time.  The costs associated with a slip and fall can be immense and when it is the result of poor decision-making on the part of another person, business, or entity, then there is no reason that those individuals should continue to suffer both physically and financially without just recourse.

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Motorcyclist at Fault in Accident that Severely Injured a Florida Woman

Posted on January 23, 2012 by Matt Powell

There has been a Florida resident on the run recently, after he or she was involved in a hit and run accident on Monday, January 2.  The motorcyclist fled the scene of the accident after mowing down a pedestrian.  The woman, 58 years old, was crossing Highway 129, when the motorcyclist, headed northbound, ran into her.  Though the woman survived the accident, the assailant took off and the Florida Highway Patrol issued a request to the public for any information regarding the accident.

In the meantime, the victim was taken to Shands Gainesville Hospital for treatment.  She suffered severe injuries, including dislocation of her foot.  The motorcyclist was able to leave the scene unnoticed, and the deputies cannot be sure if the guilty party continued on Highway 129 or took the entrance ramp onto I-10 that evening.

This is just one of the many cases of hit and run accidents that occur in this country every day.  Nervous for various reasons, individuals continue to make the wrong choice, leaving behind injured parties, many of whom are not as lucky as the 58-year-old in this case.  The right thing to do is to stop and assess the situation, to determine if something can be done to assist any injured parties in the crime.  It is in those split moments after an accident that a person can make a decision that could ultimately cost another person his or her life.  What do you fear more?

If you have any information about this accident, which occurred in Suwannee County, Florida, then you should contact the officials in that area.  If you are the victim of a similar hit and run, contact an attorney near you.  An experienced lawyer can get you the information you need regarding your rights to a fair trial and compensation for your injuries.

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Did a Company’s Rush to Reach the Market Cause Harm to Others?

Posted on January 20, 2012 by Matt Powell

A defibrillator is used to monitor the heartbeats of a patient, silently screening for irregular beats that could cause serious harm or worse to the individual.  When an irregular heartbeat is detected, the machine goes to work, producing electrical impulses to get the heart back on track again.  A recent recall has many defibrillator users concerned, as it has been found that one manufacturer released faulty products.  There are more than 6,000 individuals who carry the tiny machines around within them, and each faces grave risk as it has been discovered that the wires which link the heart to the product failed to remain connected in several individuals, causing the defibrillator to shock them repeatedly.  Twenty-five deaths have been reported and doctors are working quickly to replace the lead wires in many other individuals.

Sherry Robinson was one of those patients to receive the violent shocks when a lead wire fell loose.  Fortunately for her and her family, Robinson lived to tell her story.  Soon she will be telling it again, in front of a judge, as she has decided to take Medtronic, the company that produced the faulty device, to court.  Many believe that the malfunctions were tied to the company’s rush to get the product to market, suggesting that Medtronic failed to do the appropriate level of testing before the defibrillators were fitted into patients.

Whenever a doctor recommends a new product to a patient in need, there must be trust on many levels.  The doctors must trust in the company’s ability to produce a worthwhile product and the patient must rely on the doctor to make a knowledgeable decision about what product is best and most likely to cure the ailment.  When that chain breaks down, then patients are left with questions about their safety when in the hands of the medical community.  This recall paints a sad picture for many and that is, very likely, the reason that an Ontario judge approved the class action lawsuit.

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Is Your Diet Going to Harm You? hCG Dangers

Posted on January 18, 2012 by Matt Powell

Have you made the classic New Year’s Resolution – to lose weight in 2012?  If so, you, like millions of others around the world, are likely on the hunt for a great diet plan.  This desire to shed unwanted pounds has made many individuals turn to hCG drops or injections.  This hormone, which naturally occurs in the placenta during pregnancy, has long been used as a means of confirming that a woman is carrying a child.  Today, however, there is a new weight loss movement that involves the injection or consumption of the hormone in hopes of trimming one’s figure.  Some believe that the hormone makes it easier for the body to lose the weight and many have reported their successes while using it.

Despite this fact, the Food and Drug Administration has issued a warning to all consumers about the dangers associated with the use of hCG for weight loss.  There are three types of hCG, which are all meant to serve the same purpose.  The medical drops and injections are prescribed by a licensed medical professional, while the third variety can be purchased in stores and online.  It is this final option that has the FDA most concerned.  The federal organization has reached out to the manufactures and consumers, urging them to stop partaking in the hCG market.  The hormone has never been approved by the FDA for weight loss purposes.  In addition, many manufacturers issue diet and exercise plans along with the purchased drops, which are supposed to increase one’s chances of success.  Unfortunately, many of those weight loss plans involve diets, which cut caloric intake to dangerous levels.  Starvation can result in drastic weight loss in the short term, but it is very harmful to the body.  There is concern that individuals who try to abide by the hCG diet will ultimately succumb to illness, injury, or worse.

If you are considering hCG or have already started using it for weight loss, please reconsider your plans.  A thinner body is not worth the substantial risk that you will be taking.  You don’t want to end up in the courtroom, hoping to win a settlement against a company so you don’t have to afford the mounting medical bills on your own.

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Can You Sue for Failed Back Surgery?

Posted on January 16, 2012 by Matt Powell

Unfortunately, for the millions of back pain sufferers in this country and beyond, there seems to be no definitive cure and even the costly surgeries used to correct many of the defects associated with back pain have unusually high failure rates.

In fact, failed back surgery is so common that a term has been created to describe the complaints of individuals suffering from post-surgical difficulties.  While Failed Back Surgery Syndrome is not technically a “syndrome,” it is very common and many people are beginning to ask questions about taking the surgeons to court after their procedures failed to correct the problems the patient initially complained of.

There are approximately 500,000 back surgeries performed each year and as many as 40 percent of those fail to meet the patients’ expectations.  This can be a result of a failure to correct the initial problem or a result of damage done during the surgery.  However, proving that the surgeon did not fulfill his duties and, therefore, should be held accountable for the pain levels post-op is very difficult.

The surgeon is not legally required to correct the problem.  Instead, the law says that medical malpractice only occurs when the surgeon’s treatment falls below the acceptable standard of care.  Nevertheless, if the doctor fails to properly diagnose the problem or the patient receives inadequate care after the procedure, Failed Back Surgery Syndrome can result and medical malpractice may be deemed the cause.

Determining if the medical professional is at fault or if the failed surgery was simply a result of the nature of the patient’s condition, due to the bone’s inability to fuse correctly, or for some other unforeseen reason, is not a simple task.  For this reason, it is always advisable that the patient speak to a knowledgeable attorney regarding the circumstances of the operation and its aftermath.

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Is Augmentation Really Worth the Risk?

Posted on January 13, 2012 by Matt Powell

Plastic surgery has become an almost commonplace feature in today’s society.  While many are still sticking to the less invasive procedures, such as Botox and laser skin treatments, there are those who are in the market for more expensive procedures.  Topping this list, still today, are breast implants.  These gel-filled sacs are used on patients of breast cancer and in women who simply want to know a bigger cup size. Unfortunately, tales of improved safety seem to be a myth as news has been released regarding fuel additives within the gel packs.

The accusations are being brought against a French breast implant manufacturer after studies revealed traces of three fuel additives within the company’s product.  The company, called Poly Implant Prothese, was apparently using faulty materials, containing Baysilone, Silopren, and Rhodosil.  None of the three are approved for clinical use, but are industrial materials often found in fuel sources.

The company’s lawyer insists that the materials found within the gel implants are the same commonly used to make lipsticks.  The truth is that the three chemicals are regularly used in the oil and rubber industries.  The investigation that happened upon these findings was done as a result of unusual high rupture rate of Poly Implant Protheses’ implants.  Now, more than 50,000 French women are being urged to have their implants removed, but experts estimate that more than 300,000 women around the globe have implants containing the unapproved gel.

This, once again, makes people ask the question about the worth of cosmetic operations.  Is it worth the risk to improve outward appearance?  There has not been an international recall and the company continues to insist that there is no toxic risk.  While the plastic surgery industry continues to thrive, many women are likely to take to the courtroom after Poly Implant Protheses fail them.

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Could a Lightning Strike be a More Likely Killer than you Thought?

Posted on January 11, 2012 by Matt Powell

Most of us have heard the statistics about lightning strikes and realize that the chances of being hit by lightning are very slim.  However, have you stopped to consider other ways that lightning could harm you or your loved ones?  Many families across this country are beginning to ask this question as an alarming number of fires involving lightning striking gas tubing are reported.

While there is no direct evidence at the moment that these particular tubes, fashioned of corrugated stainless steel, are any more prone to this type of incident than other type of gas tubing, lawsuits are being filed and are forcing fire officials to look more closely into the level of safety that comes with using it.  The tubing is coated in a plastic, but still reports of gas leaks and lightning related fires are pouring in.  So, is it a case of improper installation, or is this metal tubing really a faulty product?  This is the question being asked by many as news about the tubing continues to spread.

In one such incident, lightning struck very near a home outside Springfield, Ohio.  It was reported that the electrical charge from above either caused a hole in the tubing, or caught the gas leak that was already present and shot a flame into the crawlspace of the home.

There are many questions to be answered, but this does serve to remind homeowners of the potential risks that are ever present around a house.  Some are claiming that the product itself is at fault; others are insisting that it is poor installation of the contractors hired; and yet others are suggesting that the tubing is simply being made accessible to untrained, improperly qualified individuals who shouldn’t be allowed to use it.

If you suffer as a result of a faulty product, the good news is that you have the right to take the guilty party to court and attempt to win compensation to cover the associated expenses.

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Understand the Uncertainty of Others on the Road

Posted on January 9, 2012 by Matt Powell

While the holiday season is technically over, this is a time of year when many people from the cold northern states make their way south to spend a week or two in the sunshine that the south typically provides.  As the influx of out-of-staters occurs in Florida, the local population must understand the uncertainty of the roadways.  While the level of driving experience is not at question, visitors will generally not know their way around as well as those who live in the state year round. A wrong turn or a last minute hesitation could spell trouble, if other drivers on the road are not prepared.

The same is also true in reverse.  A recent car accident occurred in East Alabama, as a Florida couple headed out of state. The couple slowed their vehicle on U.S. Highway 280 and was hit by a Ford Taurus.  Though that accident did not end in fatality, what the couple did next cost them their lives.  Serving as another reminder of the dangers on the roadway, these people were killed when they chose to exit the vehicle.  Standing behind their car, they were hit again, by a Ford Pickup.  This time, they were killed instantly.

While a person can never predict all that might happen on the road, there are things that you can do to avoid accidents.  Practice safe following distances, refrain from doing things while driving that might act as a distraction (such as talking on the phone, texting, or eating), and remember that not everyone driving alongside you will be as familiar with the roadways as you are.

If you are involved in a car accident as a result of another driver’s poor decision-making, get the medical attention you need, and then consult an attorney regarding your rights for compensation.  You may be able to get the money you need to cover medical and repair expenses, as well as lost wages.

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