A Fairfax County, Virginia jury has awarded a 74 year old wheelchair bound passenger $250,000 for injuries she sustained when her wheelchair fell over during a trip.The plaintiff claimed she sustained fractures to her face and femoral neck and that the femoral neck fracture could not be surgically repaired.The plaintiff's claim was that she would require narcotic medication for the rest of her...
A Page County (Virginia) jury has a awarded a man $922,000 after surgery to replace the shoulder joint resulted in an arm that could not be used at all.The patient was 52 years old at the time, making $46,000. The plaintiff's subsequent treating orthopedic surgeon testified that the original surgeon place the prosthesis too high, violating the standard of care. The malpositioning of the device...
Studies published last week by the Journal of the American Medical Association reveal the shocking disclosure that most hospitals and health plans don't require board certification by those wishing to hold themselves out to the public as "pediatricians." In the article about hospitals 78 percent of hospitals did not require doctors to be board certified as pediatricians before they were given...
Boise personal injury attorney Jeff White has written a great note about insurance companies are working to keep their payments to you low (surprise, surprise) for losses to your cars. It seems that the insurance companies are once again reaching deep into the "black box" of computer databases to find the "truth" after an automobile accident.
A Seattle, Washington newspaper is reporting on a compromise tort reform law agreed to by doctors and lawyers. The bill includes a provision similar to what we have in Virginia medical malpractice cases in that if a doctor or other health care provider apologizes or says he's "sorry" following a medical mishap, that statement is not admissible in a later lawsuit. This makes a lot of sense and...
The Charleston (WV) Daily Mail continues to report on Senator Chafen's efforts to rein in personal injury lawyer advertising.Now, however, they've quoted him as saying that he "wishes the State Supreme Court would ban lawyer ads altogether." That's nuts. Especially when coming from someone running one of the biggest personal injury law firms in West Virginia. Yes, that's right. The Senator...
Most people believe that if they are in an accident their health insurance will pay the bill, acting as an insurer. In most cases, however, the health insurance company is only loaning you the money, to be repaid if you recover that money in an lawsuit. So, for example, you are in a car accident and incur $25,000 of bills. Your health insurance company pays. You later recover $100,000 for your...
The West Virginia legislature is considering a bill to crack down on lawyer advertising. Apparently some folks don't like those ads that show fistfulls of dollars! (Neither do I). I happen to think it's a good idea and bona fide personal injury lawyers in West Virginia (or anywhere else where ads are toned down) have nothing to worry about. Kevin O'Keefe had a comment about this in his blog....
I was in court Friday. Unfortunately I was suing two lawyers who had given bad advice to a car accident victim and then had let the statute of limitations run. His claim against the drivers and insurance companies for his personal injuries was forever barred.Problem is that neither of the two lawyers who represented him carry legal malpractice insuranceIncredible as it may seem, while most...
How many times have you heard some idiot parent say "Oh, well, the kids are going to party anyway, I'd rather them do it at my house. It's safer?" While this particular case, fortunately, did not end up in a drunk driving accident and injury the judge slammed the door shut behind two really irresponsible "parents."The Virginia Court of Appeals upheld a 27-month jail sentence (yes, 27 months! In...
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