Virginia Personal Injury and Medical Malpractice Blog
Another Good Reason to Have High Uninsured Motorist Limits
Think this guy was driving around "fully insured" and able to compensate his victims?A man who has already served a full sentence for an accident which left a Chesapeake woman with severe personal injuries five years ago because he was “hotdoggin” drunk on a motorcycle will be heading back to prison.On Monday, April 28 Chief Circuit Court Judge Mark Davis sentenced Joshua Bristol to spend five years in prison for maiming and another year for drunk driving. Two years and six months of the sentence for maiming were suspended provided that Bristol successfully completes two years of supervised released.On July 4, 2003, Bristol struck April Mapp-Sawyer outside of Three Cheers restaurant and lounge in the parking lot in Cradock.Mapp, who is unable to remember the incident, received severe personal injuries and has been unable to return to work since the accident.Bristol first received a conviction for the charges in 2004, but appealed. The conviction was overturned by the Virginia Supreme Court in November 2006 because the court ruled that blood test analysis should not have been admitted as evidence because he was not officially placed under arrest when he consented to the test.Bristol had already served his sentence of the first convictions when the high court gave its ruling.Prosecutors in Portsmouth decided to bring back the charges and Bristol was convicted again of the same charges in March.Teaching Point from Attorney Ben Glass:Dirtbags can legally drive in Virginia without insurance. It's one of those wacky things that go on here. Even if he bought insurance, he probably bought the minimum. You can buy up to a million dollars of uninsured coverage from most car insurance companies.They don't want you to know about it and they certainly don't (most of them) want to sell too many of those policies.Why?Because when they sell you a policy like that they are really insuring the dirtbag.Not a good deal for them.
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Frivolous Lawsuits by Car Insurance Companies
Insurance companies: give them an inch and they'll take a mile.We represent a very nice lady who was very seriously injured. The lady who hit her pleaded guilty to causing the accident. This major insurance company begged us not to sue... "send us your demand... send us your medical records...we want to settle."We sent them everything..we waitedand waitedand waitedand then filed suit.What's the first thing the insurance company did? Filed its own suit against the driver of our client's vehicle (our client was a passenger.) Purely 100% frivolous. Their lady pleaded guilty! This is an example of what insurance company's due to muck up the system.DelayDelay Delay..then blame someone else.Next time this insurance company says "we want to settle...don't sue..." they won't even get a return phone call.
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This Florida Drunk Driving Verdict is Just Nuts
Some verdicts are just nuts (sorry to some of my friends who don't think plaintiff's lawyers should criticize any verdict.)The case is tragic but the verdict is crazy.In Florida, two drunk kids get into a car and the car crashes into a tree. One teenager dies and the other is paralyzed. According to court documents, Archbishop Coleman Carroll High School
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Bicycles and Head Phones Don't Mix
There is a tragic story last week out of Orange County, Virginia. Apparently a 15 year old was riding his bicycle on Route 612 when a car approached him from the rear. According to published reports, the car mosed into the oncoming lane to pass the cyclist. The young boy, however, then turned left in front of the car. According to Virginia State Police Sgt. F.L. Tyler, the young cyclist was wearing headphones as the time of the accident. Unfortunately, he died from injuries sustained in the accident.The obvious but sad lesson is that wearing headphones while bicycling (and, for that matter, while running near traffic) is a recipe for disaster.
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Should a Lawsuit Say Exactly What You Are Asking For?
In the state of West
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Marine Corps Marathon 2008
The Marine Corps Marathon is October 26, 2008. Registration opens April 30. Ben Glass will be running the marathon again this year and he and his wife, Sandi, invite you to run the 2008 Marine Corps Marathon with a terrific charity, Love Without Boundaries.Love Without Boundaries is an international organization dedicated to improving the lives of orphans in China.You can get information about running the 2008 Marine Corps Marathon with Ben Glass and Love Without Boundaries here.
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If you are looking for a lawyer and think that trolling those mega law firm directory websites is going to get you anywhere, do yourself a favor and read this new report first. You can download this report on the Truth About the Mega Lawyer Directory Websites here. Written by Mischelle Davis of the Davis Law Group.
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Doctor Called "Immediate and Serious Threat To Public Health"
Finally, a state getting serious about a doctor with a history of inadequate care. The board of medicine in Boston, Massachusetts has suspended an ob-gyn with a alleged history of serious malpractice complaints, calling her an "immediate and serious threat to public health." Dr. Suzanne B. Rothchild's medical license was suspended after the board reviewed nine cases that alleged inadequate care by her. aAcording to court records. Rothchild has been accused of medical malpractice 12 times since 1993. see full story as reported by the Boston Globe here.
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Another Sc**w Job By a Disability Insurance Compamy
Some of the major disability insurance carriers will stop at nothing to keep sticking it to claimants. Its tax time and the insurance companies are sending 1099's to those with whom it entered settlements last year.At least one company is telling the IRS, via the 1099's that the settlements are taxable benefits, even if the benefit itself was not taxable! If you are getting disability benefits and you paid the premium for the policy, then any benefit you get is non-taxable. That's straight up federal tax law.A major company is taking the position that "yes, you are right but since this is a settlement we are going to report it to the IRS as taxable." Pure, outright fraud on the part of this company. The disabled insured is left paying more attorney and CPA bills to straighten out the mess...all because this major insurance company is either stupid as all get out or mean as the devil.Take your pick. I've seen them both!
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Board of Medicine Acts Against Two Doctors
For the first time in 20 years, two doctors who gained immunity from suit in catastrophic birth-injury cases have been administratively punished by the medical board of the state of Virginia.I recent hearings, two obstetricians, Dr. Evelyn Anna Ruelaz of Fairfax County and Dr. Regina Burton of Woodbridge, received formal reprimands for the handling of births which resulted in devastating, lifelong personal injuries to infants while they were being delivered.The reprimands go on the permanent record of a doctor and appear on his or her public profile at www.vahealthprovider.com/search.asp. No monetary penalties come from the reprimands and they have no effect upon a doctor’s ability to practice.The sanctions reflect a tougher scrutiny of cases of injury during birth. The threshold for punishment was reduced by changes in 2003, which was after both incidents occurred.A total of 209 sanctions were issued in the year 2006 by the board among 34,813 holders of Virginia medical licenses. However, until these cases, no sanctions had ever been made in birth-act generated cases.Lee Ann Hershberger related to a medical board panel how her son was born, unable to ever care for himself after she was left unattended for long periods of time by Ruelaz.According to records, for hours Hershberger labored alone at Inova Fair Oaks Hospital as the heart rate of her baby slowed and oxygen was shut off to him in utero due to multiple medical complications.Her son is now age 4 and requires 24-hour care because of cerebral palsy, no coordinated use of his limbs, and inability to speak.
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One Million Dollar Fairfax Malpractice Verdict in Cancer Case
On Thursday, January 31, 2008, a Fairfax County jury returned a verdict in the amount of $1,000,000 in favor of one of our clients in a delayed diagnosis of cancer medical malpractice case.The case involved the care that a 45 year old man received from his non-board certified Internist for complaints of rectal bleeding for three years.The Internist, having performed a flexible sigmoidoscopy, was convinced that the source of the bleeding was hemorroids. We claimed that there was no evidence that the source of the bleeding was hemorrhoids and that the patient should have been referred out to a gastroenterologist for further treatment and a colonoscopy.The three year delay cost the patient a chance to have his pre-cancerous lesion (polyp) removed with a simple procedure. In the end, he underwent major surgery to remove a part of his rectum. The surgery left him with an almost total loss of sexual function, bowel dysfunction and scarring. He also underwent radiation therapy and almost a year of chemotherpay.Teaching points:1. Why see a non-board certified physician? There is a reason that there are certification processes in place. (There is a national certification process for trial lawyers as well!)2. Rectal bleeding can be very, very serious. If in doubt, get a colonoscopy, it is the 'gold standard' for discovering rectal cancer.3. Colon and rectal cancer is slow growing, thus, early detection is very important and affords the best chance of a 100% total cure from cancer.4. The insurance company (there is an insurance company behind almost every medical malpractice case) did not offer any money to settle the case, thus subjecting their doctor to four days of scrutiny.5. Each case is different and must be evaluated on its own merits. This verdict does not represent what you may recover in your case. If you believe you have a case of medical malpractice, you should first read my book, Why Most Malpractice Victims Never Recover a Dime. Before you call a lawyer, please read The Truth About Lawyer Advertising.
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"This Case Will Never Go to Trial "
I wish I had a dollar for every time a prospective new client assured me that their case was so good that he would never go to trial.While most civil litigation settles I would bet that most medical malpractice cases in Virginia actually go to trial. There are several reasons for this.1. The insurance companies are protected by Virginia's cap on medical malpractice damages. they know that on their worst day what their losses will be and if there are multiple defendants found guilty of malpractice each will share in the total loss. This reduces the risk to take cases to trial. Why settle a bad case when it may turn out that you can greatly reduce your payment by bringing other doctors down with you?2. Insurance companies will spend any amount of money to defend a case. They will search high and low for experts to defend the care of their doctors. At the beginning of my career I helped the insurance companies defend doctors. When we got a new case in to defend we might send the case out to five or six doctors for reviews. We might get five negative reviews but then choose the doctor who is willing to go out on a limb to defend the case. Insurance companies have a limitless amounts of money that enables them to expert witness shop.3. These cases are much more difficult than you can imagine. Even when other local doctors have pulled you that another doctor messed up most will never say that in public at a trial or deposition. This is because the medical profession and medical societies and insurance companies put a tremendous amount of pressure on doctors who say anything bad in public about other doctors. They will find themselves shunned at medical meetings or perhaps unable to get insurance themselves. In some cases other doctors have brought professional ethics charges against doctors who testified for patients.All of this means that it doesn't matter, in Virginia, how badly you were treated or how clear the malpractices... your case is likely going to trial and it will require hundreds of hours of work and tens of thousands of dollars in expenses.
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N.C. Attorney Brent Adams is Right About ERISA
Brent Adams has a post over at InjuryBoard where he exposes the dirty little secret behind ERISA law. Basically, claimants get hammered not because of the law itself, but because of the perversion of the law that has come from the federal courts, starting with the Supreme Court of the United States. Here's the sad fact: employers could put an end to the travesty of ERISA by eliminating six words from every health benefit and disability plan.Employers, if you care a wit about your employees, you should insist that no plan has these words: WE HAVE THE DISCRETION TO DETERMINE BENEFITS. These are the words that allow the insurance companies to tread all over your employees. Policies with "discretionary language" in them are literally no benefit at all.
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"If you’ve been in an accident, call me. Quick! Right now! I can get you the money you deserve. It costs you nothing. I care about you!"
Ever seen a lawyer ad like that said:
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Ben Glass Authors The Ultimate Success Secret
Ben Glass has teamed up with internationally known entrepreneurial genius Dan Kennedy to write the Ultimate Success Secret. Based on years of experience teaching, coaching and working with some of the brightest entrepreneurs in the world, the authors take a good hard look at just what it is that seperates "successful lives" from "ordinary lives." This Ben Glass Dan Kennedy authored book is only available here and an on-line order form is here.
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New Cleft Home in China
As many of you know, my wife, Sandi and I have experienced the wonderous world of international adoption. Our youngest son, Kevin, was born with a cleft lip and palate in China. We have learned that many children born in China with a cleft lip/pallete will die from malnutrition.
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Nurse Finds Reliance Standard Disability Policy Not Very Good
The Fourth Circuit Court of appeals has upheld the denial of disability insurance benefits to a nurse, finding (once again) that policy language in a Reliance Standard Insurance company's long-term disability policy REALLY DOES MEAN that you are only eligible for payments under the total disability definition is you can't to ALL of the material duties of any occupation.
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"Just Sign Right Here, Maa'm"
A Carroll County, Virginia judge has thrown out a purported "settlement" between a car accident victim and the insurance company. The insurance company argued that an oral agreement between the car accident victim and a senior claims adjuster was consummated in February 2006. The insurance company argued that the plaintiff had agreed to accept $1500 for pain and suffering and lost wages and up to $10,000 for any medical expenses incurred through the end of the month. The plaintiff claimed that she did not understand the agreement to be a settlement of all of her claims.
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Drive Drunk and Lose Health Insurance Benefits
In Lennon v. Metropolitan Life Ins. Co, the 6th Circuit had joined that chorus of courts that have denied health insurance or life insurance benefits to someone who drives drunk and hurts or kills themselves.
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"Malpractice Settlements are Skyrocketing"
You hear that a lot, don't you?
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Video Surveillance Sinks Claim..or Worse
A federal judge in Texas has not only denied an ERISA long-term disability claimant's claim, but, on learning that the insurance company caught the claimant on video doing things she had said she couldn't do.
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When Will They (Drunk Drivers) Learn?
When will they learn?
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The Insurance Company Settled at the Mere Mention of Our Name
Have you seen that television commercial that depicted insurance company claims adjusters in a room saying that the case had to be settled because of who the attorneys were on the other side?
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Important Personal Injury Video
There is a new video that reveals the truth about the tort reform effort.
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Tort Reform
If you are interested in learning more about tort reform then go here.
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Underinsured? Whose fault is that?
At least two times a month I get calls from potential clients who have been involved in serious automobile accidents but for whom I can be of no assistance. I spoke to a woman the other day who had been rear ended by a large SUV. She suffered a serious injury to her neck and faces the prospect of multiple surgeries and an inability to work at all in the future.
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A disgraceful action by a lawyer (and judge!)
There's a lawyer (and administrative law judge) in Washington, D.C. who is suing a dry cleaners for $65,000,000 (Yes, MILLION).
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April 2007 Virginia Personal Injury Newsletter
Our free Virginia Personal Injury and Medical Malpractice newsletter is now available for free PDF download. Fairfax, Virginia Personal Injury Newsletter.
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$200,000 Defamation Verdict In Fairfax County
A Fairfax County Jury has returned a verdict of $200,000 in a defamation case where it was alleged that an employee of a company made statements that were untrue to a government security clearance investigator.
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New Jersey Leads in Info About Docs
Which state provides the most accurate, up to date information about doctors to the public on the Internet?
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Supreme Court Whacks Ford Co. Attorney
Kudos to Fairfax Circuit Court Judge Jonathan Thacher, and the Supreme Court of Virginia, for taking the lead against a common defense tactic..."frivolous defenses."
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Another "Thanks" for this website
Going beyond most lawyer websites, which are often not much more than a glorified Yellow Page ad, at www.BenGlassLaw.com we try to provide useful information.
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What are the ERISA "Rules"
Here are some of the rules that a disability insurance company handling an ERISA case are supposed to follow.
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Contact Ben Glass Now
You can send a confidential message to Ben Glass right now or call at 703-591-9829
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New Legal Marketing Blog
New effective, ethical and outside the box marketing for lawyers blog.
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Effective, Ethical and Ouside the Box Marketing Blog
New website by attorney Ben Glass teaches, effective, ethical and outisde the box marketing techniques.
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One More Reason To Speak To A Lawyer First
I was in Fairfax Circuit Court the other day and I listened in while a Virginia automobile accident victim’s attorney argued that a certain letter the victim had written to the insurance company (before he was involved) should not be read to the jury in her personal injury trial.
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What They Say About Our Books
As many of you know, we strive to provide more solid information to consumers than any other law firm. We do this by publishing a variety of free books, some critical of insurance companies and some critical of misleading or non-informative lawyer advertising (Pit bulls, fistfulls of cash and gory accident scenes don't give you any useful information, do they?)
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Feedback from "Why Most Malpractice Victims..."
As most visitors to www.BenGlassLaw.com know, we strive to provide the best information to consumers before they hire a lawyer or deal with the insurance company themselves.
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ERISA Disability Benefits Denied
A Federal District Court Judge in Alexandria has ruled in favor of Hartford Life Insurance Company on a claim brought under a long-term disability policy that it issued.
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Woops, Wrong Sided Surgery
Surgery that occurs on the wrong patient, or on the wrong side is apparently a lot more common than reported in the medical literature. According to the Archives of Surgery, in fact, you'll read more about it in the general press than in the medical literature. (They appear to attribute that fact to "shame."
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WHEN IS AN ACCIDENT NOT AN ACCIDENT.
The answer is that if you have many types of health insurance which only pay if you are "accidentally" injured you will not get the benefit of that policy if you are a drunk driver. The Fourth Circuit Court of Appeals has recently reaffirmed longstanding law that an insurance policy may properly deny coverage for your medical bills if you were drunk and driving when the accident occurred.
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You'll Get More Money Without An Attorney
Many of the calls we get come from claimants have become fed up with insurance company tactics.
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Virginia Still In Dark Ages with Drunk Drivers
Virginia remains in the dark ages regarding the responsibility of adults to NOT serve alcohol to minors.
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The High Cost of Malpractice Insurance--Explained
Here we go again. The public is constantly bombarded with misinformation from insurance companies about "the high cost of insurance."
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More Insurance Company Lies
I still can't believe the lies that claims adjusters make to accident victims.
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Woman Wins After Lack of Consent for Hysterectomy
A judge has let stand nearly $1.6 million of a $1.75 million Washington medical malpractice award jury award to a 26-year-old woman who said she did not give proper consent when an osteopathic doctor performed a hysterecomy on her three years ago.
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Lawyer Marketing and Advertising
Not only do we trial lawyers face the increasing pressures of tort reform, but increasingly, state legislatures and state bar ethics committees are clamping down on tacky lawyer advertising. Now, I happen to think that it is a good thing for lawyers who truly understand how to do effective, ethical and outside-the-box marketing, because we do not need to rely on flying saucers, talking frogs, pit bulls and gory accident scenes to get clients to call us.
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Late Diagnosis of Colon Cancer
In any misdiagnosis of cancer case the patient must prove that the healthcare provider failed to take the steps necessary to start on a path to diagnosing the cancer and the patient must prove that had the cancer been diagnosed earlier his treatment options and ultimate care and prognosis would have been substantial different. We often see cases where it is clear that a cancer has been missed, but the time delay to the actual diagnosis of the cancer is so short that the treatment would have been exactly the same.
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Who Can Testify In a Brain Injury Case
One of the most frequently asked questions about brain injury cases in Virginia is "who is qualified to testify about a victim's brain injury?"
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Driving While Intoxicated in Virginia
Driving While Intoxicated and being charged with DWI/DUI in Virginia are very serious offenses.
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Federal Judge Highly Critical of MetLife
This ERISA long-term disability case against MetLife is almost unbelievable. We applaud Michigan Federal Judge Richard Enslen for telling it like it is.
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More Doctors Doing Plastic Surgery?
The Washington Post Health Section had a good article on July 4th about how more and more doctors are "branching out" to do plastic surgery in their offices.
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Virginia Cracks Down On Underage Drinking
On July 1, 2006, several new laws aimed at curbing underage drinking take effect in Virginia.
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Your Disability Policy May Be a Sham
While many employers do provide good, solid long-term disability insurance coverage some policies aren’t worth the cost of the fancy paper they are printed on. People are often shocked to find that even though their doctors fully support their disability and, in some cases, they have been awarded disability benefits by the Social Security Administration, their employer’s plans are so bad that the insurance company does not have to pay benefits. We believe that the vast majority of these bad policies represent employers who simply have been duped by the insurance companies. Our experience is that employers and human resource personnel often have no real idea of how bad their own disability program is.
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Disability Policy Discretionary Clauses
Imagine this, you make a claim for disability benefits from a major disability insurance company. The claim is denied.
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Is This Advice From GEICO Any Good?
Just got off the phone with a potential client. She was rear-ended an injured by a truck. GEICO is her own insurance company. The truck is insured by a different company.
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Virginia State Bar to Crack Down on Deceptive Advertising
The Virginia State Bar is cracking down on deceptive lawyer advertising that confuses the public.
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Suffolk Malpractice Case Sent Back for New Trial
The Supreme Court of Virginia has ruled that a Suffolk jury should not have been permitted to reduce its verdict based on the patient's choice of hospital after his signs of impending stroke worsened.
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Supreme Court Refuses to Help "PitBull" Lawyers
According to an article on Reuters this morning, two Florida lawyers on Monday lost a U.S. Supreme Court appeal that argued the state violated their free-speech rights by disciplining them for their television advertisements featuring a pit bull dog.
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Tort Reform Now
I was in my doctor's office the other day and saw one of those "scary" posters on his wall about fighting medical malpractice lawsuits. You know what I mean, one of those that "warns" you that your medical bills will increase unless we continue to change the laws in Virginia.
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Low Impact Does Not Mean No Injury
Here's an interesting new opinion from New Jersey. Typically, in car accident cases where there is little property damage to the car, the insurance defense attorney holds up pictures of the cars and says "we couldn't have done that much damage to her neck, just look at the cars."
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Rockingham County Malpractice Verdict
A Rockingham County (VA) jury decided that a physician's treatment of a collapsed lung in a woman who suffered from Complex Regional Pain Syndrome was improper, and awarded the woman $300,000 after a recent four day trial.
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$3.5 Million Defamation Verdict
A Fairfax jury as returned a $3.5 million verdict for a defamatory performance evaluation. The verdict was returned against Raytheon Corporation.
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Government Going After Lawyers and Referral Fees
The government will indict two very rich plaintiff's class action lawyers, within the next month, according to a press release issued by their law firm, Milberg Weiss Bershad & Schulman and reported by Boomberg.com.
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Ephedra Maker to Pay $34 Million
A New Jersey supplement maker has agreed to pay $34 million dollars to settle claims related to the sale of Ephedra containing supplements in diet pills.
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D.C. Examiner Exposes Lawyer Advertising
The conservative newspaper, D.C. Examiner, wrote an interesting editorial exposing sleezy lawyer advertising.
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Should Cameras Be Allowed in the Delivery Room?
The February 20 issue of Newsweek carries an article about hospitals banning camerals in the delivery room. According to the article the "official reasons" are privacy and safety concerns. The real reason, though, must be because videotapes sometimes do yield evidence of medical malpractice. So are the hospital's afraid of what the tapes would show? We certainly have seen cases where fetal heart monitor strips have "dissapeared" after a child is injured at birth.
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Doctors, Lawyers Under FBI Probe
I understand the sometimes the reputation and prestige of lawyers in the community isn't stellar. But sometimes we do it to ourselves. This story, out of Las Vegas, alleges that lawyers and doctors have colluded to defraud the insurance companies. I emphasize that this is simply on ongoing investigation at this time, but this is almost unbelievable.
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Summary of Virginia Personal Injury Verdicts Updated
While Virginia juries tend to be very conservative and the insurance companies take advantage of this (and feed that conservatism by their lobbying, advertising and outright lies) our experience is that juries will compensate those with real, provable injuries. You can get some sense of how some Virginia personal injury cases are turning out. Personal Injury Verdicts and Settlements are Here.
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Virginia Medical Malpractice Verdicts and Settlements
Virginia medical malpractice laws have a notoriously low "cap" on recovery. One that doesn't even take into consideration the fact that medical bills may be millions of dollars. Virginia's laws virtually guarantee bankruptcy to the most seriously injured patients. Here we summarize recent verdicts and settlements in Virginia medical malpractice cases.
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The West Virginia Lawyer Advertising Controvery
There are lawyer advertising ethics issues breaking out all over the country. Here are my comments and an article regarding the controversy in West Virginia.
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IME docs can be sued for malpractice
The Virginia Supreme Court has ruled that an doctor who is hired to do a so-called indepedent medical examination of a plaintiff in a lawsuit can be sured for injuries he allegedly caused during the examination. This brings Virginia in line with every state that has considered the issue. A synopsis and the full opinion are available by following this link.
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Getting Disability Benefits? Get Thee to An Accountant, Ophelia!
Getting ERISA disability benefits is difficult enough without trying to figure out the taxation of the darn things. This is an area where you really need to track down your accountant (which for some may mean getting an accountant). Here's a short article and an interesting new case on the subject.
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They laughed when she sued for plastic surgery malpractice...
A Richmond, Virginia plastic surgeon who cut facial nerves during a facelift has been ordered to pay $1.4 million dollars to the lady he injured.
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