All Topics

• Pedestrian Deaths Up in Fairfax County, Virginia

  Ben Glass | January 18, 2007 3:08 PM | 1 CommentNorthern Virginia, VA

  In 2006 17 pedestrians were killed and 300 pedestrian crashes in Fairfax County. There were 19 fatalities in 2000 and 2001. According to the Fairfax County Times newspaper the majority of these crashes are centered on high traffic, high volume roadways with fairly dense populations. According to a 2005 study conducted by the Inova Health Systems a disproportionate number of the pedestrians...

• Lawyers Leaving Nevada

  Ben Glass | January 03, 2007 1:48 PM | 1 CommentNorthern Virginia, VA

  Victims of medical malpractice in Nevada are finding that it's getting harder and harder to find a lawyer to represent them. Limits on verdicts and caps on attorney fees are making it unprofitable to practice. This according to a Physicians and Medical Malpractice Insurance website. Apparently the Nevada legislature passed an incredibly low limit of $325,000 for pain and suffering damages. That,...

• THE "MARKET" FOR MEDICAL SERVICES

  Ben Glass | December 09, 2006 7:06 AM | 1 CommentNorthern Virginia, VA

  As you might imagine Northern Virginia has a great many hospitals and doctors. We also have lots of medical equipment like MRIs and CT scans but the Washington Post reported yesterday how one of the major players in the area, the Inova Medical System, is apparently trying to curtail competition.Virginia is archaic and backwards in many ways and this appears to be no different. Apparently if a...

• Defamation Case Allowed to Proceed

  Ben Glass | November 04, 2006 5:58 AM | 1 CommentNorthern Virginia, VA

  The Supreme Court of Virginia has held that statements made about a Virginia personal injury attorney by a Nationwide claims adjuster were not mere opinions and do support a cause of action against the claims adjuster, and Nationwide Insurance, for defamation.According to the published opinion by the Supreme Court of Virginia, a personal injury victim met with Todd Schmitt, a Nationwide claims...

• Things Just Got Harder for ERISA claimants

  Ben Glass | October 31, 2006 4:26 PM | 1 CommentNorthern Virginia, VA

  Claims for denial of insurance benefits under employer sponsored plans (ERISA) are tough. They are tough because--the insurance company gets the benefit of the doubt--you have to prove they were not just wrong but REALLY wrong--there are no jury trials.... federal judges decide the cases on the record--there is virtually no discovery--you deal with only those documents the insurance company...

• Magnet Toy Danger-Voluntary Recall

  Ben Glass | July 31, 2006 4:03 PM | 1 CommentNorthern Virginia, VA

  After 34 incidents, inluding at least one death, were reported to the Food and Drug Administration regarding "Magnetix" magnet sets produced by RoseArt Industires, the company has announced a voluntary recall of the product.This product is not safe for children three and under. A picture of the product packaging, together with more information on the recall, is available here. I've seen a set of...

• Dog Bite Law in Virginia

  Ben Glass | July 18, 2006 9:27 PM | 1 CommentNorthern Virginia, VA

  What happens if you are bitten or attacked by a dog and suffer injury in Virginia? The answer may depend on what county you live in.The general law in Virginia is that a dog owner owes no duty to another absent knowledge of the propensity of the dog to attack or bite. This is known as the "common law" duty of a dog owner. We call it "every dog gets one free bite."However, if your county has...

• What Experts Must Say

  Ben Glass | June 19, 2006 5:06 AM | 1 CommentNorthern Virginia, VA

  From time to time you see a debate about what "magic words" medical experts must use when testifying. The Supreme Court of Virginia just ruled on this issue in a plastic surgery medical malpractice case involving a botched "tummy tuck." While noting that the expert had not used the right "magic words," the Court also noted that the defendant plastic surgeon's lawyers had not made a timely...

• "We'll Take Care of Your Medical Bills For You"

  Ben Glass | May 24, 2006 5:48 PM | 1 CommentNorthern Virginia, VA

  I thought the insurance companies had stopped the practice I am about to describe but maybe I've just been missing it. I call it the "don't worry, we'll cover everything and give you a little for pain and suffering" gambit. Here's how it works:You get into an auto accident and the person who hit you is clearly responsible. You spend some time in the emergency department and start treatment with...

• Virginia's Medical Malpractice Reform is a Disaster

  Ben Glass | March 08, 2006 5:43 PM | 1 CommentNorthern Virginia, VA

  In 1988 Virginia, jumping on the tort reform bandwagon, made it virtually impossible for infants catastrophically injured at birth to sue the doctor or hospital for damages. The state promised that instead, these infants would be "taken care of" by a state program that would pay for medical care. The "bill of goods" sold to the public was that this would (1) keep lawyers out of the system, (2)...