Northern Virginia Personal Injury Lawyer

Payee Notification--Why Do Some Oppose this Simple Measure

Ben Glass — Thu, 02 Jul 2009 06:30:09 GMT

Unfortunately, every so often a lawyer who is hell bent on stealing client settlement funds comes along. It's not often but its devastating to clients.

Here's how it typically works. The lawyer represents a client and, without the client's permission or knowledge, settles the car accident case with the insurance company. The insurance company issues a check, payable to lawyer and to client and mails it to lawyer.

Lawyer forges clients name and cashes check. Lawyer (until ultimately discovered) tells client "your case is not settled."

By and large, courts give no relief to the defrauded client. These lawyers end up in jail--thei insurance policies typically don't cover fraud--and judges tell clients who try to "undo" the settelments--"tough luck," the insurance company didn't do anything wrong.

There is a simple law that would virtually prevent this type of fraud from happening and its called payee notification. It would require the insurance company, when mailing a check to the lawyer, to also mail a notice to the accident victim to "notify" the victim that the check has been mailed.

What could possibly be bad about this rule? Nothing that I can think of. Yet some lawyers oppose it, mainly because "plaintiff's lawyers are singled out" and, I guess, this hurts their feelings.

This debate over payee notification is raging in Virginia. The public ought to be aware of the debate and join in the conversation.

Here's what one recetly defrauded victim said about the whole issue, speaking specifically about attorney-now felon, Stephen Conrad:

Conrad represented us, too. He stole $50K from us. Conrad did the same thing to everbody-no return phone calls, no paperwork, didn’t tell us he settled our case (for 2 yrs.),forged my husband’s name on both check and the release & even forged the witness names. Went to his sentencing on 11/14/2008. The bum wasn’t even remorseful. In court he said he was sorry for the shame and embarrassment he caused his wife and kids. A very selfish, greedy man. Hope the bum gets his up the “bum.” Disgusted, too, with the VA State Bar’s Victim’s Protection. What a joke! All the victim’s will get a BIG $.06 on the dollar Conrad stole. The Bar won’t pass legislation that will allow ins. companies to notify clients that their case is going to settle either. What does that tell everybody! There must be quite a few more crooks in the legal system. Seems they make laws to protect themselves. We’ll think twice before hiring a lawyer again.

What do you think?

Originally posted at InjuryBoard by Ben Glass

Beware of any Group Disability Policy

Ben Glass — Mon, 15 Jun 2009 13:57:00 GMT

Many professional athletes find themselves doing battle with their sports group disability plan insurance carrier.

In 2006, an appeals court awarded the estate of former Pittsburgh Steelers center Mike Webster more than $1.5 million in disability pay from the plan. It was the first successful challenge of the plan's rules and it has given hope to many of the players who feel left out.

While this is a victory for the players, I can tell you that any athlete seeking disability pay from these plans faces an uphill battle.

Most group long term disability polices (those offered by employers) stink. If you can afford to, and you want real disability insurance, you should be talking to a broker about a private/individual policy.

Most group policies aren't worth the paper they are written on because:

1. The protect you if you can't work in your own occupation for only 2 years.

2. If any part of your disability is caused by a mental or nervous disorder, the limit is generally 2 years. (And the disability insurance companies will do their best to lump your disability into the mental and nervous box.

3. Group policies are governed by ERISA. This means, generally, that the insurance company's decision on your claim is entitled to the benefit of the doubt and can only be reversed by a court for an abuse of discretion. This means you have to show that they are really, really wrong.

Originally posted at InjuryBoard by Ben Glass

Government Jobs Causing more Workplace Injuries and Illnesses

Ben Glass — Mon, 15 Jun 2009 00:21:00 GMT

According to new numbers, more workplace personal injuries and illnesses reported in Virginia were from people involved in government jobs than those in the private sector in 2007.

According to a report released on January 8 by the Virginia Department of Labor and Industry, in 2007 104,200 workers sustained personal injuries or suffered illnesses while working.

Of those 104,200, 5.2 out of every 100 full-time state and local government employees reported sustaining an injury or suffering an illness, in comparison to 3.2 of every 100 private employees.

The 37th annual survey of job-related injuries and illnesses was done with the cooperation of the Bureau of Labor Statistics and the U.S. Department of Labor.

Originally posted at InjuryBoard by Ben Glass

Cautious Charting Skews Medical Error Statistics

Ben Glass — Sun, 14 Jun 2009 12:20:00 GMT

Medical error statistics are skewed because of underreporting and cautious charting by medical personnel who have been taught to chart “defensively,” meaning that they chart with litigation in mind. Countless medication and other errors are made, and some have been charted as if they were administered or performed correctly. Many serious errors have been minimized in the charted account, or written in a manner that shamelessly places the blame on the patient or others.

A common example of making the patient a scapegoat is to label him/her as having “anxiety,” which effectively discredits both his/her judgment and recount of what was said or done while he/she was receiving medical care. This “diagnosis” will typically be added to a patient’s file if he/she displays annoyance or anger while dealing with a physician.

There are laws in place that protect “Incident Reports,” which document every detail of errors and accidents, from discovery. The intent of such laws was to encourage the person that made the error to give a complete and truthful account of what took place in order to learn how the incident came about.

This knowledge is intended to aid in decisions regarding how to make improvements or other changes to the appropriate systems or behaviors and reduce the chances of the error taking place again.

Incident reports have been barred from discovery in Virginia due to their potential value in elimination of errors if protected, and the potential for falsification of facts if they were available for use in litigation.

Identifying knowledgeable parties who are able to reveal this protected information through deposition could indicate which people, equipment, or supplies could have played a part in the victim’s injury.

Your right to receive compensation for medical malpractice, as well as the amount, is determined by a number of laws and factors, including:

• Statutes of limitations. You are required to file your claim within a specific time limit. The statute of limitations depends upon the type of claim and the claimant’s age, among other factors. An attorney can inform you of which factors apply in your particular claim.

• Plaintiff’s degree of fault. Did the injured party share any of the responsibility for his/her injury (for example, giving an inaccurate medical history)? Your contribution to the injury must be 50 percent or less to be eligible to file a claim for medical malpractice.

• Joint and several liability. These liabilities are taken into consideration when multiple defendants are involved and make all parties responsible for the full amount in the event of any or all of the others being unable to satisfy the judgment. Identifying any possible contributors to the malpractice event is critical to increasing your chances of being compensated.

• Limits on claim. There is no cap on the amount of a malpractice claim. However, some states may have factors that carry an additional impact.

• Other legal considerations. These can include periodic payments from other sources (such as insurance), immunity, and other laws and contributing factors.

With so many variables determining whether or not you are qualified to file a claim, you should consult an attorney early for evaluation.

Originally posted at InjuryBoard by Ben Glass

Deadly Diseases from Improper Injection Practices

Ben Glass — Sun, 14 Jun 2009 00:18:00 GMT

Several media outlets have broken the story that officials from the U.S. Army have confirmed that 16 patients have tested positive for Hepatitis B and C. According to reports from the Associated Press (AP), the Army said those patients were likely exposed to the dangerous blood borne illness due to improper injection practices.

According to the AP, the 16 patients at the William Beaumont Army Medical Center were just a fraction of the more than 2,000 diabetics who may have been exposed to Hepatitis B (HBV) and Hepatitis C (HBC) and other blood borne illnesses. The AP noted that the Army said multiple patients had been administered injections from the same insulin pen. Texas’ El Paso Times reported that each insulin pen is meant for use by one person, but between August 2007 and January 2009, multiple patients were injected with the insulin pens. According to Journal Now, multiple patients were “systematically” injected with the same pen.

Earlier this year, the Centers for Disease Control and Prevention (CDC) announced that its decade-long review showed that more than 60,000 patients have been placed at risk for potentially deadly, blood-borne infectious diseases. The CDC said that within the past decade, thousands of patients in the U.S. have been asked to undergo testing for HBV and HCV due to improper infection control practices.

According to the CDC’s review of outbreak data, there were 33 identified outbreaks that took place outside of hospitals across 15 states within the past 10 years, with 12 taking place in outpatient clinics, six taking place in hemodialysis centers, and 15 taking place in long-term care facilities. Those outbreaks accounted for a total of 450 people who acquired HBV or HCV infections.

According to the CDC’s report, health care personnel failing to follow basic infection control procedures and “aseptic” techniques in injection safety is to blame for the patients’ exposure. The CDC said that syringe reuse and medication, equipment, and device blood contamination were common reasons for the exposure issues.

Originally posted at InjuryBoard by Ben Glass

Birth Injury and Trauma

Ben Glass — Sat, 13 Jun 2009 12:16:00 GMT

Childbirth is one of the greatest joys in life. But, unfortunately, there are many things that can and do go wrong during the process of labor and delivery.

Reports say that out of every 1,000 live births in the United States, eight to ten birth injuries are caused by medical malpractice or negligence. In certain cases, the mother can suffer injuries as well as the baby.

Medical malpractice or negligence occurs when a healthcare professional, such as a doctor, nurse, or nurse practitioner, or a healthcare facility, such as a hospital, urgent care center, or birthing center, fails to provide adequate standard of care and treatment to patients in their care.

Birth injuries and trauma can range from mild to severe. Anything between minor bruising and actual brain damage can happen. Though not all birth trauma is the result of medical malpractice or negligence, but some cases are.

Common birth injuries include bruising from the use of forceps, head swelling, facial paralysis, brachial palsy, fractured bones, and/or brain injury.

Cerebral palsy is a chronic medical condition that is the result of damage to a baby’s brain at the time of labor and delivery. This condition can be the result of medical malpractice. Remember that malpractice can be caused by both actions taken and actions not taken when necessary.

Some medical errors that can be considered malpractice or negligence include failure to respond to fetal distress, delay in ordering cesarean section, misuse of forceps, and/or inadequate management of excessive bleeding.

Evidence of birth injury may not necessarily be apparent immediately after birth. In some cases, symptoms do not display for days, weeks, months, or even years. The financial burden of caring for a child that has suffered birth injuries can be devastating unless assistance is made available to the individuals involved.

Originally posted at InjuryBoard by Ben Glass

Delay in Cancer Diagnosis is Costly in Virginia

Ben Glass — Sat, 13 Jun 2009 00:15:00 GMT

A jury in Spotsylvania County has awarded the family of a woman who died after a delayed diagnosis of breast cancer more than $7.5 million.

After a five-day trial, the jurors ruled against Fredericksburg family practitioner Dr. Donna Gamache on April 3.

The award is believed to be among the largest medical malpractice awards in Virginia history and is the second major malpractice award against Gamache.

In 2005, a jury in Fredericksburg awarded $1.8 million to a Spotsylvania man who alleged that Gamache failed to diagnose and treat a severe spinal condition.

The April 3 decision will be reduced to $1.65 million, the state-mandated malpractice cap at the time of the negligence.

The case began six years ago, when the plaintiff, Eleanor Browder, discovered an approximately 1”x2” lump in her right breast.

Browder died of cancer in April 2008 before the complaint could ever go to trial. Her husband, Pat Browder, and her two adult children continued the case after her death.

Browder was a registered nurse at Culpeper Regional Hospital. Her husband had been a longtime Spotsylvania mail carrier.

The family had moved to New Jersey in recent years, where Browder was employed as a school nurse until her death.

In March 2003, Browder, who was 53-years-old at the time, visited Gamache’s office at Lee’s Hill Medical Associates. A mammogram of her right breast was ordered by Mary Nichols, a nurse practitioner at the office. The test came back negative.

At the time, both Gamache and Nichols were employed by the practice. Since that time, Gamache has opened Lee’s Hill Family Physicians.

Nichols was initially named as a defendant in the case, but reached a settlement with the family prior to trial, according to court records.

According to Browder’s attorney, the results of the mammogram were delivered to Gamache’s mailbox at Mary Washington hospital. She examined them and wrote “Need chart” at the top.

However, says Browder’s attorney, Gamache never received the chart and no further actions were taken.

The suit argued that further testing, such as an ultrasound and biopsy, should have been ordered. Browder’s attorney said that she had a perceptible lump in her breast and Gamache should not have relied on what turned out to be a false-negative mammogram.

In October, Browder returned to Gamache. Her attorney says that by then, the lump had grown to the size of a lemon.

Gamache ordered an ultrasound and biopsy to be performed, and the lump was identified as cancerous.

Browder’s attorney said that had the cancer been identified upon her initial visit, when the cancer was Stage I or Stage II, she would have had an increased chance of survival. However, the cancer had grown to Stage IV and was incurable by November.

Browder underwent pre-surgery chemotherapy, surgery, a double mastectomy, and post-surgery chemotherapy and radiation.

Browder’s cancer went into remission until 2006, when it returned in her stomach, pancreas, and brain.

After about five hours of deliberation, the jury ruled in favor of Browder’s family. They awarded $212,000 for medical expenses, $785,000 for "economic loss," and $6.5 million to Paul Browder for "solace."

Originally posted at InjuryBoard by Ben Glass

Soldier Awarded $1.6 Million in a Federal Med Mal Case

Ben Glass — Fri, 12 Jun 2009 12:08:00 GMT

A former soldier has been awarded $1.6 million in a federal medical malpractice case against three doctors.

In 2007, 39-year-old former U.S. Army Staff Sgt. Edward Poche filed suit against the doctors, alleging that in 2005, they failed to provide proper care during his treatment.

The verdict, which was returned on April 3, found Dr. Raoul Joubran to be 60 percent liable and Dr. Mary MacGuire to be 40 percent liable. The third doctor involved in the case was found not to be liable.

The federal government also received an award of $380,000 from the jury as reimbursement for its medical expenses from Poche’s treatment.

MacGuire’s attorney says that he is considering filing an appeal.

Originally posted at InjuryBoard by Ben Glass

ZigZag Lines in Loudoun County to Reduce Accidents

Ben Glass — Fri, 12 Jun 2009 00:06:00 GMT

No, your eyes are not playing tricks on you – the road really does have zigzag lines painted on it. Loudon County drivers may come across wiggly white lines on both sides of the road. So what exactly is going on here?

The zigzag lines are part of an experiment in the rapidly growing county that hopes to see the chances of accidents and personal injuries be reduced. The purpose of the experiment is to slow motorists approaching busy crosswalks and bicycle crossings in hopes of increasing pedestrian safety.

The oddly striped lines, whose purpose is to cause drivers to slow or brake reflexively, stretch 500 feet in each direction of the crossing. The lines were painted by the Virginia Department of Transportation (VDOT) near spots where well-traversed hiking and biking trails cross roads with heavy and/or fast-moving traffic.

The “lightning bolt” lines have seen mixed reviews so far. Critics have said that the lines only seem to confuse drivers, who are uncertain of what to do. They also say that the lines may not be enough to change habits drivers have already developed.

However, some cyclists and motorists have praised the lines and believe they will slow drivers and make them pay more attention. Speed meters have also been installed at these crosswalks by VDOT in order to monitor motorist speed, which should help prove or disprove the lines’ effectiveness.

According to Virginiadot.org, the lines will be a cost effective alternative for the improvement of safety in areas trying to cope with a rapid transition from a rural county to an outer suburb of Washington, D.C. If the experiment is successful, drivers should expect to see more zigzag markings throughout the area.

The idea originated with city planners in Europe and Australia, who have utilized zigzag lines to effectively adjust traffic patterns.

The experiment in Loudoun is expected to run for about a year.

Originally posted at InjuryBoard by Ben Glass

What is Medical Malpractice?

Ben Glass — Mon, 01 Jun 2009 11:37:00 GMT

Medical malpractice is the third leading cause of death in the U.S. with only heard disease and cancer ranking higher. An article published in the Journal of the American Medical Association, 250,000 people die each year in the U.S. because of the consequences of medical malpractice.

What is Medical Malpractice?

Medical malpractice is a term that encompasses any errors that occur in a medical setting.

For instance:
• Unnecessary surgery
• Medication errors
• Infections contracted while in hospital
• Errors committed by hospital staff
• Misdiagnoses

Physicians, dentists, nurses, pharmacists, technicians, hospitals, HMOs and PPOs can all be held liable for medical errors and malpractice.

When you are compelled to seek medical care for an illness or injury, you hope the years of training and experience healthcare providers must acquire will lead to you receiving excellent care and treatment. But, errors and mistakes can and do occur. If you are the victim of medical negligence or malpractice, damage or harm can come to you.

Medical malpractice laws are in place for your protection. Hospitals, clinics, or any medical provider-patient relationship can be involved in cases of medical malpractice. However, not all medical errors are medical malpractice due to medical intervention always involving some risk.

The five diseases most associated with medical malpractice are breast cancer, lung cancer, colorectal cancer, heart attack, and appendicitis. The leading allegation in such cases is misdiagnosis, which results in a delay in treatment that ends up in a poor prognosis or even death.

Compensation in cases of medical malpractice can include damages for pain and suffering, medical bills, and quality of life. If the patient dies, his or her family and heirs can also receive compensation.

In order to be compensated the injured party must show that:
• The damages were caused by medical malpractice.
• A value can be assessed to the damages.

Each case of medical malpractice is unique and damages are determined on a case by case basis.

Originally posted at InjuryBoard by Ben Glass