Mobile Personal Injury Lawyer - Miscellaneous

Health Insurance Is A Life Or Death Issue

Pete Mackey — Tue, 01 Dec 2009 08:53:23 GMT

A recent study by researchers based at harvard has found that the lack of health insurance causes almost 45,000 deaths annually in the U.S. The American Journal of Public Health first published the study in its Septemeber, 2009, online edition. The statistics cited by the study's authors are disturbing:

Dr. Steffie Woolhandler, study co-author, professor of medicine at Harvard and a primary care physician in Cambridge, Mass., noted: "Historically, every other developed nation has achieved universal health care through some form of nonprofit national health insurance. Our failure to do so means that all Americans pay higher health care costs, and 45,000 pay with their lives."

Dr. David Himmelstein, study co-author and an associate professor of medicine at Harvard, remarked, "The Institute of Medicine, using older studies, estimated that one American dies every 30 minutes from lack of health insurance. Even this grim figure is an underestimate - now one dies every 12 minutes."

Do you think that any member of Congress would be willing to admit that they could not help an accident victim because they did not have health insurance? Of course not. Now that there are bills to consider, the opponents' cry is "we are for health care reform, but just not what is proposed." The debate over the best solution has been raging for a long time. It's too late in the game to pull out the "we can do better" card at this late stage. Opponents of health care reform have had plenty of time to put forth their own proposals, but decided instead to backseat drive. Time has run out, on the naysayers and on the 45,000 Americans who will not be alive next year without insurance.

Originally posted at InjuryBoard by Pete Mackey

Disaster Preparation - From An Attorney's Perspective

Pete Mackey — Sun, 08 Nov 2009 20:40:53 GMT

Everyone on the Gulf coast today is watching the news or accessing their favorite weather site. Fortunately, this storm will be passing over cool water before it hits land and thus will lose a good bit of its force. That said, everyone who has been through a storm before knows that strange things can happen. We all know what to do to prepare for a hurricane - fill up cars and gas cans, make sure that everything in your yard that could become airborne is put inside, board windows, get out the candles, batteries and flashlights, get some cash from the ATM, etc. We have all done this many times before.

Unfortunately, the steps listed above are generally those to which we devote the bulk of our energy. There are other things that, though equally or more important, are usually ignored. One reason preparing for a worst case disaster means facing issues that we don't want to face.

Get over it, just like you did when you had your first will prepared (and if you haven't done that, get over that first). Understand that you are taking steps that might help your family if the worst happens. Consider doing the following:

1) Make sure that all of your important papers (wills, insurance policies and banking records) are in your safety deposit box. Don't have one? Head to your bank and get one. They provide good bang for the buck.

2) Keep your medical insurance documents - policies, plan descriptions and cards - with the family member who is most likely to be dealing with your providers.

3) If anyone in your family is taking prescription medications, make sure that your stocks aren't low.

4) Make sure that people important to you know where the documents in 1) above are and come up with a communication plan in the event that power is lost (and it will be). Also, make sure that those same people know where you are going to be.

5) Develop an action plan for your pets.

6) Most importantly (probably should be #1), get out of the affected area if there is any doubt about the severity of the storm. Much better safe than sorry.

Originally posted at InjuryBoard by Pete Mackey

Why Can't I Recover Everything I Lost?

Pete Mackey — Tue, 03 Nov 2009 19:09:27 GMT

I settled a case recently right before jury selection. It was a legal malpractice case. My client had lost a good bit of money because the lawyer representing him in a real estate transaction did not read the rules closely enough. I spoke with my client today and he asked a very reasonable question - why is it that I end up with less than a whole loaf when I did not do anything wrong? After I pay your fee and expenses, he said, my recovery is less than what this whole ordeal cost me.

Though I agreed with his math, I reminded him of our conversations early on about the damages that he could recover. The lawyer here did not try to cheat him, he just didn't give the matter the proper attention it deserved. As such, punitive damages would not be available. Moreover, he could not recover emotional distress damages, even though he clearly went through a lot. In Alabama, if you haven't suffered a physical injury, emotional distress damages are not available for negligent acts unless you can show that you were exposed to the threat of bodily harm - in the "zone of danger."

On top of all that, he could not recover the attorney's fees he had to pay me. That is because we follow the "American Rule" in the United States. Each side pays their own lawyer unless there is a contract that provides that the winner recovers such fees or there is a law that does the same thing (as in Federal discrimination cases). While this can result in an anomaly like this, there is a good reason for the rule. If lawyers knew that the loser would have to pay the other side's attorney's fees, it would close the courthouse doors to a lot of folks where the prospect of paying fees to the other side would chase off lawyers from getting involved. It is a lot like democracy - it's not great, but it's better than every other system out there.

Originally posted at InjuryBoard by Pete Mackey

Qui Tam and Health Care Savings

Pete Burns — Mon, 02 Nov 2009 09:35:04 GMT

A south Texas hospital agreed to pay $27.5 million to settle a qui tam suit. San Antonio Express-News (10/31, Brezovsky). The whistleblower got $5.5 million for his trouble and the taxpayers got the rest!

Patients are a source of profit for hospitals. Consequently, hospitals have an incentive to encourage doctors to send their patients to them. It is illegal for a hospital to pay a doctor – directly or indirectly – for sending patients to their hospital. Whistleblowers who report hospitals for “paying for referrals” stand to help themselves while saving substantial taxpayer dollars. The illegal payments are frequently hidden as compensation for other services or passed on as reduced rent or other perks. This is an opportunity for reducing the cost of health care without penalizing the victim of medical malpractice.

Reigning in this type of situation will help reduce health care costs without sacrificing the quality of health care or the rights of patients.

Originally posted at InjuryBoard by Pete Burns

Safe Sidewalks

Gaines Drago — Wed, 21 Oct 2009 10:23:56 GMT

8 Schools in the Mobile, Alabama, area are finally getting safe sidewalks around their campuses. The cost of this federally funded project was just over one million dollars. While the percentage of students who walk or ride their bike to school has dropped from nearly half to 15% this is a very positive step towards improving the health, and safety of our children. American children are far more obese than they were forty years ago. They get very little exercise at school and certainly very little once they return, so if they are able to ride their bike or walk to school this thirty minutes of exercise could make all the difference in the world. In addition, broken sidewalks can lead to injury and just look unsightly. It is a little step, but one in the right direction.

Originally posted at InjuryBoard by Gaines Drago

Wills For Heroes

Pete Mackey — Mon, 19 Oct 2009 08:22:02 GMT

Last Wednesday, my firm and another lawyer went over to the local Sherriff's office and drafted 17 wills, durable powers of attorney and advanced healthcare directives for first responders. This was the second year that we partcipated in the Wills for Heroes program. It is sponsored locally by our Volunteer Lawyers Program.

While I knew that it was a worthwhile cause, I was not up for it. I had been out of the office the entire week before, was generally behind in my work and had a pre-trial order due in one of my cases by the end of the day. How about if I just throw a little money their way and stay at my desk, getting real work done? It wasn't an option - they don't need money - they need lawyers to draft these important documents. But I don't even draft wills? Not a problem Pete - the organization has software that will walk even a probate law challenged soul like yourself through the process.

Stripped of excuses, off I went after lunch to "do good." Everyone who came in understood what we were doing and were accordingly appreciative. They all realized that their line of work puts them in harm's way every time they go out on patrol and that these documents will, if the worst happens, make their families' load a little lighter in the aftermath. They have not done it before because they aren't paid what they are worth. I left with a real feeling of accomplishment. I still don't know much about probate law, but I sure know the good, warm feeling that comes from helping someone else - even if it's only in a small way.

I would encourage every lawyer out there to participate. If the program is not being done locally, I am sure that the folks at willsforheroes.org can remedy the situation. If you are a first responder, please take advantage of the opportunity - I know that you have already returned the favor many times over.

Originally posted at InjuryBoard by Pete Mackey

President Obama winning the Nobel Peace Prize, should be good news for all Americans...

Troy Schwant — Mon, 12 Oct 2009 00:43:10 GMT

Unless you have been living under a rock for the last week, you have heard the news that President Obama was awarded the Nobel Peace Prize. With this recognition, has come unbelievable scrutiny from conservatives, moderates, and even liberals.

This criticism not only is unwarranted, but it is also does not benefit the United States. This past weekend, someone described their self as a shareholder of the United States, and that Obama is the CEO, and if the CEO receives world wide recognition, this is good for all shareholders. I never heard it put like that before, and I really thought it was a great description as to how all Americans should view our President winning an award such as this one.

I for one am proud of our President for receiving such an honor, and hopefully more and more Americans will be able to look past their political views, and simply support our new President.

Originally posted at InjuryBoard by Troy Schwant

Health Care Reform

Pete Burns — Wed, 07 Oct 2009 11:44:47 GMT

Now that President Obama has focused public attention on the deplorable state of health insurance in America everyone purports to agree that we must change the system. In truth, insurance companies and their executives are profiting handsomely because of preexisting condition clauses and laws that afford the insurance company the right to rescind a policy with impunity.

The politicians who support the insurance companies and their executives know that open support of those and similar unfair practices would be political suicide. The tactic they employ is to voice support for reform but express an inability to support the reform on the table. The strategy is pretty simple. If I did not want to buy my wife a much needed new car I could agree that she needs a new car but fault every car she choose. The first one is too large, or not large enough. It does not get good enough gas mileage or the safety rating does not suit me.

That is the way strategy the supporters of the insurance companies used to derail the Clinton Health Care initiative. That tactic stalled reform and allowed the insurance companies to continue to engage in predatory practices for fifteen years and counting. The democrats need to agree on the best plan available to protect American consumers and get it passed.

Originally posted at InjuryBoard by Pete Burns

New Ways To Market for Small Firms

Gaines Drago — Mon, 28 Sep 2009 15:03:15 GMT

Marketing your firm in new and inventive ways is one of the most crucial cogs in the small law firm machine. If you are unable to stay on top of new trends and tendencies in the advertising world you can be left waving as the competition zooms right past you. While, this seems like an obvious concept, it can be much more difficult to implement. Like new fads in a high school lunch room, new ideas and concepts come along about every other hour. However, many of these trends fizzle out much the same way that starter jackets did in the early 90s. The key is to finding what works for your firm and your audience. There are a few new concepts out there that are only being taken advantage of by a minority of law firms around the country, but could possibly revolutionize the way we market (at least this week). Like most in the legal industry, new ideas seem to be scoffed at more than accepted, but if you allow your firm to put some of these ideas in practice you may find your firm the entity being imitated and not the other way around.

One of these new concepts is posting case specific web cites. This is different from your main firm web site and should not be associated with the same. A Plaintiff's law firm is going to be the most likely to find this an effective marketing tool. You control the filing of the complaint and what information is released. The reason this is so effective is that exposes the public (entire public) to your firm, advocates for your client and releases information to millions. The reason for this is wide use of search engines on the internet. What a basic case specific cite does is that it makes the public and the press aware of what issues the lawyers at X firm are fighting against. This is clearly most effective when dealing with issues that will affect the public interest. If you have a case site web address it allows members of the public and the press to go to one specific cite and access all news about what your firm is doing and what issues are likely to be at the forefront in the near future. Case specific "news" cites provide a powerful tool to further your exposure to the "Joe Public."

Originally posted at InjuryBoard by Gaines Drago

Remember nothing is guaranteed but Death and Taxes.....

Troy Schwant — Mon, 21 Sep 2009 13:23:50 GMT

Everyone knows the old saying, but in this economic climate, that is becoming more and more evident. For years PACT programs have been very popular choice in a way to fund a child's education. They terms are fairly simple, you pay for a child's education now, for the full price of what the tuition costs are today, and when they are eligible for college, their tuition is already paid. Sounds simple enough, but someone forgot to tell colleges and the economy.

Colleges have raised tuition at rates much higher than expected, and the economic downturn has caused these investments to lose almost half of their original investment. Now people are wondering if their child's education is going to be paid for, and whether they need to start saving again.

Hopefully the Alabama legislature will try to find some creative solutions to these problems, but at this point there a lot of people re-thinking the manner in which their children's college will be funded. If you have purchased one of these PACT education plans, it is time to educate yourself as to whether your children's college is properly funded.

blog.al.com/breaking/2009/09/mt-preview-5724837f79f3d0a92f20d7298803167b59403847.html

Originally posted at InjuryBoard by Troy Schwant