Frequently Asked Questions about Personal Injury, Medical Malpractice, and Insurance Disputes

Below are some initial questions many clients have when they first contact Benjamin W. Glass, III & Assoc. PC. The questions below may address many initial concerns you may have. If you don't find the answers here, you should contact us for answers to questions specific to your firm. The consultation is free.

Virginia Personal Injury Attorney

• I visited a Northern Virginia personal injury attorney for a free consultation about my car accident case. I had not seen a doctor.
  
  This lawyer had a stack of business cards of doctors, physical therapists and chiropractors on his desk. He told me he could set me up on referal and I wouldn't need to pay anything up front to visit one of these health care professionals.
  
  Is this a good idea?
  
• I visited a Northern Virginia personal injury attorney for a free consultation about my car accident case. I had not seen a doctor.
  
  This lawyer had a stack of business cards of doctors, physical therapists and chiropractors on his desk. He told me he could set me up on referal and I wouldn't need to pay anything up front to visit one of these health care professionals.
  
  Is this a good idea?
  
• A friend was in a car accident and broke her arm. She got a lot of money. Will my case be worth as much as hers?
• If this is a case about my child's injuries, do I need to bring my child in to see you?
• If this is my child's case, will I need to bring my child into court at the time of trial?

Virginia Medical Malpractice Cases

• I was on a medical malpractice jury recently. Although we wanted to find for the plaintiff we were afraid that our verdict would destroy the doctor financially. His wife was sitting in the courtroom during closing arguments and we really felt sorry for them. Will a doctor be destroyed by a medical malpractice verdict?
• You declined my case. How come?
• Why do we need expert witnesses in our case?
• How can we prevent the doctor from altering my medical records?
• What is "informed consent?"
• What is the "continuous treatment" rule?
• If I sue my doctor, is he going to lose his license?

Car Accidents and Personal Injury Cases in Virginia

• What is Uninsured and Underinsured Motorist Insurance Coverage? Do I Need This Type of Coverage?
• I was involved in an accident and the other driver was insured by Allstate. I have received a letter from Allstate telling me that I don't need a lawyer. Is this true?
• Are photos of the accident scene helpful?
• If an insurance adjuster calls me after my accident to ask me questions, can I talk to him?

General

• What is your "success rate?"
• I am concerned about how easily it may be for information about my medical records to get into unauthorized hands. Does Virginia permit hospitals to distribute information about me to others?

Serious Personal Injury

• I have been injured in an accident and I need an attorney. Do I need to find a specialist or can I use a anyone who advertises in the telephone book?
• I have been involved in an accident and the medical bills are mounting. The insurance company for the driver who hit me says they will pay my medical bills and give me a " little something " for pain and suffering. They have asked me to sign a medical release. Should I take them up on their offer?
• I have been injured in an automobile accident. Will you refer me to a doctor or chiropractor that you work with?
• What is a life care planner?
• I heard about that lady who received millions of dollars from McDonalds after she spilled hot coffee on herself. Wasn't that an example of an outrageous jury award?
• I was serving on a jury and the plaintiff was asking for her medical bills to be repaid. The jury figured that the bills were probably all covered by insurance. Was this correct?

Medical Malpractice

• Is there any way to check up on my physician to see what her credentials are?
• The doctor prescribed a drug for my heart but the pharmacist improperly filled the prescription. Luckily, I was not harmed but I might have
• I have just been diagnosed with cancer and I believe that my doctor should have made the diagnosis earlier - How much time do I have to sue?

Miscellaneous

• If a family member has died and I need to come to you for legal advice, what documents do I need to bring to our meeting?
• I have heard about people who file frivolous lawsuits. What about businesses--are all of their cases legitimate?

Virginia Personal Injury Attorney

• Q: I visited a Northern Virginia personal injury attorney for a free consultation about my car accident case. I had not seen a doctor.
  
  This lawyer had a stack of business cards of doctors, physical therapists and chiropractors on his desk. He told me he could set me up on referal and I wouldn't need to pay anything up front to visit one of these health care professionals.
  
  Is this a good idea?
  
  
  A: Run as fast as you can AWAY from that lawyer!
  
  Beware of any lawyer who has a stable of doctors to refer you to. This is a scam.
  
  Local judges call this "service" the kiss of death to a claim. (One long-time Virginia attorney was disbarred because he referred clients to a chiropractor and then told his clients to lie about the referral when asked in deposition.)
  
  The problem with an attorney to health care provider referral is that Northern Virginia jurors are highly suspicious of lawyers and health care providers who have one of these referral relationships. While the client may not know how many of that law firm's clients have been referred in the last 12 months to a particular doctor, you can bet that the insurance company knows it or will find out about it. How credible do you think that doctor's testimony will be when the jury finds out that he treated 127 patients from the same law firm last year?
  
  Frankly, its unethical to do this unless the lawyer also volunteer to you the number of referals he has made to that doctor over the past year. He should also make you aware of any side deals he has with the doctor.
  
  Are there exceptions to this rule? Yes, there are.
  
  You may have a very special need for a doctor with a special expertise. It is perfectly legitimate for the attorney to make that suggestion/recommendation. If every client, though, is getting referred to the same chiropractor or the same orthopedist, then that is a huge problem. (So beware of the attorney who has a stack of doctor/chiropractor cards in his office. You need to ask the right questions and fully understand the business relationship, if any, between that attorney and the doctor.)
• Q: I visited a Northern Virginia personal injury attorney for a free consultation about my car accident case. I had not seen a doctor.
  
  This lawyer had a stack of business cards of doctors, physical therapists and chiropractors on his desk. He told me he could set me up on referal and I wouldn't need to pay anything up front to visit one of these health care professionals.
  
  Is this a good idea?
  
  
  A: Run as fast as you can AWAY from that lawyer!
  
  Beware of any lawyer who has a stable of doctors to refer you to. This is a scam.
  
  Local judges call this "service" the kiss of death to a claim. (One long-time Virginia attorney was disbarred because he referred clients to a chiropractor and then told his clients to lie about the referral when asked in deposition.)
  
  The problem with an attorney to health care provider referral is that Northern Virginia jurors are highly suspicious of lawyers and health care providers who have one of these referral relationships. While the client may not know how many of that law firm's clients have been referred in the last 12 months to a particular doctor, you can bet that the insurance company knows it or will find out about it. How credible do you think that doctor's testimony will be when the jury finds out that he treated 127 patients from the same law firm last year?
  
  Frankly, its unethical to do this unless the lawyer also volunteer to you the number of referals he has made to that doctor over the past year. He should also make you aware of any side deals he has with the doctor.
  
  Are there exceptions to this rule? Yes, there are.
  
  You may have a very special need for a doctor with a special expertise. It is perfectly legitimate for the attorney to make that suggestion/recommendation. If every client, though, is getting referred to the same chiropractor or the same orthopedist, then that is a huge problem. (So beware of the attorney who has a stack of doctor/chiropractor cards in his office. You need to ask the right questions and fully understand the business relationship, if any, between that attorney and the doctor.)
• Q: A friend was in a car accident and broke her arm. She got a lot of money. Will my case be worth as much as hers?
  
  A: Each case is different. Each injury affects a person differently. Even if you both broke the same bone, your pain tolerance might be different. You might need surgery to correct the problem, whereas your neighbor didn't. She might have been a world-class pianist, and her broken bone means she lost months from work. Your situation is probably different.
  
  It's important to know how your injury has affected your daily life. Has it impaired your ability to do your daily tasks like tying your shoelaces, taking a shower, making breakfast, going to the bathroom, holding groceries and similar activities.
  
  Since everyone is different, and their injuries affect each person differently, the value for each case is different.
• Q: If this is a case about my child's injuries, do I need to bring my child in to see you?
  
  A: The quick answer is yes. I want to see the child. I want to see for myself what injuries the child has and how your child interacts with you. I need to know what a jury will ultimately see at trial.
  
  We know that in some instances it is not possible to bring your child into our office. In that case, we will arrange to see the child in the hospital, your home, or wherever he or she is.
• Q: If this is my child's case, will I need to bring my child into court at the time of trial?
  
  A: Most likely, yes. But remember, depending on the age of the child, we would only ask the child to be in Court on one day, and only for a very short time. (In some cases, we only want the child there for a few minutes. In other cases, we need to question the child, and questioning will not be very long in Court.) This should not deter anyone from asking about a potential case for their child.

Virginia Medical Malpractice Cases

• Q: I was on a medical malpractice jury recently. Although we wanted to find for the plaintiff we were afraid that our verdict would destroy the doctor financially. His wife was sitting in the courtroom during closing arguments and we really felt sorry for them. Will a doctor be destroyed by a medical malpractice verdict?
  
  A: We really have seen an insurance company pull this trick!! Rest assured that 99.9% of all health care providers (and automobile drivers) are covered in some way by insurance. The lawyers defending in medical malpractice and personal injury cases are paid by the hour by insurance companies and the jury's verdicts are covered by insurance companies. A single adverse verdict will not hurt a doctor's career. What you may not know (because the law does not allow you to know) is that the doctor may be a repeat offender. Thus jury verdicts serve a very important purpose in helping the Board of Medicine identify and weed out bad doctors. It is a sad fiction of our law that we do not let juries know the whole truth during trials.
• Q: You declined my case. How come?
  
  A: We are in this business to make a reasonable profit for the work that we do. Each year we review approximately 300 new medical malpracitce cases. We are honored that so many people look to us for legal advice. Because we are a small firm, however, we can only accept a small number of cases. Many of the case are legitimate cases of injury caused by a doctor or other health care provider. These cases, however, are very expensive to prosecute and require hundreds of hours of attorney time. If these cases settle at all it is usually just before trial. Since we do not get paid a legal fee unless we win we must be very selective in deciding what cases we will handle. There are some meritorious cases that we won't handle simple because the damages are not large. After all, it does you no good to "win" your case only to have the total recovery eaten up by attorney fees and expenses. Other cases, in our judgment, are simply not winnable. Again, it does you no good to go through years of litigation and expenses only to have the jury return a verdict for the doctor.
  
  Each case must be evaluated on its own merits. Our initial consultation regarding your case is without charge or obligation.
• Q: Why do we need expert witnesses in our case?
  
  A: The law requires that medical malpractice cases by proven by expert testimony. There are a few exceptions, such as when instruments are left in the body. In malpractice cases we must prove what the "standard of care" required your doctor to do and we must prove that he did not comply with the standard of care. What the law says is that since the "standard of care" is not something that a typical layperson knows, we must prove this by expert witnesses.
• Q: How can we prevent the doctor from altering my medical records?
  
  A: We really can't. But the penalties are sever if they get caught.
  
  First, their insurance company may drop them altogether.
  
  If a doctor alters your medical record they can lose their medical license. The Department of Medicine takes those charges very seriously. If we are able to prove through the course of your case that the physician altered records, then that doctor is in for a very rough ride.
  
  If a hospital alters a record, they can be fined or sanctioned. In addition, if a hospital or doctor cannot locate important relevant documents and records in your case, there are instances where Courts have granted judgment to the injured victim simply because the hospital or doctor could not provide a valid explanation of where those records are now. In most cases, those records would be needed to prove plaintiff's case. Without those records, the victim is at a distinct disadvantage in being able to prove their case. If the Court agrees that those documents have been lost, misplaced, or intentionally misplaced, then they have the ability to find in favor of the plaintiff, and direct that a trial be held solely on the damages the victim has suffered.
• Q: What is "informed consent?"
  
  A: When you have a procedure such as surgery, your physician is obligated to inform you about the risks, benefits and alternatives to the procedure. This way you become informed about your medical options available to you.
  
  In many instances, the physician fails to advise the patient about specific risks or alternatives to the procedure, or the patient has a bad outcome where one or more risks was not disclosed to the patient.
  
  The key issue in this type of claim is whether the patient would still have proceeded forward with the procedure, had they, as a reasonable person, known of the risks of the procedure. If the answer is no, then there is likely a basis for a claim. If the patient would have gone ahead regardless of the risks, even though the physician may not have told them of that specific risk, then in all likelihood they would not have a viable basis for such a claim.
• Q: What is the "continuous treatment" rule?
  
  A: This is a legal term used to describe the length of time you have continued to treat with your doctor and may affect the time you have to sue the doctor. In many cases, after a patient has been injured by a doctor, patients unwittingly continue to see their doctor for follow-up care related to the injuries that the doctor caused. Generally, the time in which you have to start your lawsuit starts from the date of the malpractice. However, in some cases, the time in which you might be able to start your case could run from the date of the last treatment in which you were treated by the same doctor (or hospital) for the same condition or complaint as you originally went to him about.
  
  The specific facts must be investigated, as well as the specific timing of visits.
• Q: If I sue my doctor, is he going to lose his license?
  
  A: No. A medical malpractice lawsuit is a civil lawsuit which seeks money as a means to compensate you for your injuries and loss. We never seek, nor can we seek a doctor's license.
  
  If the actions of the doctor are so horendous, or even intentional, the Virginia Department of Medicine is likely to be involved. They would undertake their own separate investigation of the doctor, and the Dept. of Medicine is the only agency that could revoke a doctor's license.

Car Accidents and Personal Injury Cases in Virginia

• Q: What is Uninsured and Underinsured Motorist Insurance Coverage? Do I Need This Type of Coverage?
  
  A: What would you do if you were injured in an automobile only to find out that the driver who hurt you had no automobile insurance? Virginia, like many states, does not require drivers to have automobile insurance. Even in states where insurance is required many drivers are minimally insured. Many look no further than what the monthly premiums will be in order to determine what amount of liability coverage to buy. They simply do not care if they hurt someone.You can protect yourself. Review your own automobile insurance policy. You will find a "declarations page" which lists the various coverages you have along with the premiums you are paying for each. If you cannot find your declarations page, call your agent and get her to send you a copy.The two most important items on that page are the limits of the liability coverage and the uninsured/underinsured motorist coverages. It will usually say something like $25,000/$50,000, or $100,000/$300,000 or $300,000/$500,000.
  
  Liability coverage is that amount of money your insurance company would pay in the event that you caused injury to another person. This coverage protects your personal assets. We strongly recommend that your liability coverage be in the amount of at least $300,000. In today's world of soaring medical costs, a moderate collision can cause injury in excess of $100,000, which is the limit many people tend to carry. Incredibly, some people carry coverage in amounts less than $100,000. Call your insurance agent. You may be surprised to learn that the cost of increasing your coverage to $300,000 is not that much. It is under the liability clause of your policy that your insurance company will also provide you with a lawyer to defend against a claim brought by another person. This defense will be provided at the expense of the insurance company.Underinsured or uninsured motorist coverage is very important. This protects you in the event that a person who causes you injury has little or no liability coverage himself. You should have coverage in the same amount as your liability coverage. In other words, if your liability coverage is in the amount of $300,000, then your uninsured motorist coverage should be in the amount of $300,000. You can elect to have less uninsured motorist coverage than liability coverage but this is not recommended. Again, you may be surprised at how little the additional cost is.
  
  If you have uninsured or underinsured coverage in the amount of $300,000, and someone with $25,000 of coverage seriously injured you, their policy would pay the first $25,000 and your policy would step into pay the next $275,000 to provide you with coverage to $300,000.
  
  Uninsured motorist coverage is a way for you and your family to protect yourself against irresponsible drivers.
• Q: I was involved in an accident and the other driver was insured by Allstate. I have received a letter from Allstate telling me that I don't need a lawyer. Is this true?
  
  A: Since 1995, Allstate insurance company has been sending a letter to people injured by its policy holders. Click Here to See the Letter. The letter, entitled "Do I Need an Attorney?", makes the following claims:
  
  - Claims are settled faster when a lawyer is not involved.
  
  - Lawyers charge a percentage of the recovery plus expenses but if you settle with Allstate you keep the entire amount.
  
  - Victims can hire a lawyer at a later date if they are not satisfied with the Allstate offer to settle your case.
  
  - Victims can negotiate a settlement with Allstate first, then hire an attorney and insist his fee be based only on the amount recovered above the Allstate offer.
  
  Make no mistake about it, Allstate is not looking out for your interests. The insurance industry's own statistics demonstrate that it costs the insurance company an average of $9,000 more per claim when an attorney is involved for the injured person. The truth is that you should never settle a personal injury claim without consulting with an attorney. We never charge a fee for meeting with injured people and answering all of their questions in order that they can make a fully informed decision as to whether to hire an attorney who will be looking out for their rights.No insurance company is going to spend the time to discuss with you, in an unbiased fashion, the following topics:
  
  - The reasonable value of your case when compared to similar cases.
  
  - Why delaying settlement of your case is sometimes in your best interests.
  
  The availability of other types of insurance payments to pay your bills, including medical payments, health insurance, worker's compensation and the relationship between each.
  
  Allstate's letter does not tell you that in some instances, you must pay
  a portion of what you get from Allstate back to another insurance company. Nor
  would you be advised by Allstate's letter that some of these additional sources of funds require you to give prompt notice of the claim to the entity involved.
  
  Whether you should seek additional medical care and what medical specialist might have insight into your particular problem. Time and time again we have heard from clients that insurance adjusters tried to make them believe that it was the insurance company's decision as to whether you should see a medical specialist.
  
  How your settlement with the insurance company may affect other claims arising out of the accident, including medical malpractice claims and claims against other defendants. Release of your automobile accident claim may be argued to be a release of a doctor's negligence, even thought the doctor does not operate on until much later.
  
  Whether you should, as Allstate will request, give authorization to the insurance company to obtain all of your medical records and wage information. Do you even know what is in those records? Irrelevant entries in medical charts may be used against you if the case does not settle.
• Q: Are photos of the accident scene helpful?
  
  A: Absolutely. Obviously, if you're in the hospital, you're not going to go back to the scene of the accident to take pictures. That can usually wait. But if you have a friend or relative that is able to go to the scene of the accident, take an entire roll of photos.
  
  Tips on taking photos:
  1. Take the pictures from every possible angle in a 360 degree circle.
  
  2. Take photos from high up to get a high view, and
  
  3. Take photos from low down, to get a 'bird's eye' view of the scene.
  
  4. Make sure that when you look through the viewfinder you try to get in the street sign or traffic light involved.
  
  5. You must get a few wide shots to show where the location was in relation to other cars and roads. Simply getting a photo of a traffic light doesn't help since it could be any traffic light, at any intersection.
  
  6. If possible, make sure your camera has the date imprinted with the date the photo was taken. If your camera does not have this function, when you develop the photos, make sure you write the date the photos were taken ON THE BACK OF THE PHOTOS. PLEASE MAKE SURE YOU USE A BALL POINT PEN, OR A PERMANENT MARKER. You'd be surprised how many people use markers or pens that smudge and ruin the photo underneath with these pens or markers.
  
  7. If you are using a digital camera, DO NOT MAKE ANY ALTERATIONS TO THE PHOTOGRAPH WHEN YOU PRINT IT OUT! Attach a note with the digital prints indicating the date the photos were taken, by whom, the type of camera, and the type of storage media you used (smart card, memory stick, etc.) AGAIN, I CANNOT STRESS IT ENOUGH- DO NOT MAKE ANY CHANGES OR ALTERATIONS TO YOUR DIGITAL PHOTOS OF ANY ACCIDENT SCENE. By following that simple instruction, you will save yourself considerable distress and agony, not to mention your credibility that could arise if you played around with the photograph in your digital editing program.
• Q: If an insurance adjuster calls me after my accident to ask me questions, can I talk to him?
  
  A: Of course you can, but we don't always recommend it following a serious accident. The insurance adjuster is calling to get you to make statements (usually is a recorded call) about the events leading up to and including the accident. They will also ask you about your injuries and whether you went to a hospital or a doctor following the accident.
  
  The inherent problem with talking to an adjuster following a serious accident is that they're probing and trying to make a record of your statement. They can then use it against you at a later time should you bring a lawsuit against the driver or owner of the other car invovled in your accident.
  
  If an insurance adjuster calls to talk to you, tell them you'll be happy to speak to them, after you speak with your attorney.

General

• Q: What is your "success rate?"
  
  A: I would love to tell you that we win every case, but we don't. As in life, there are no guarantees- even with a very good case. As most trial attorneys will tell you, there are cases that should be won at trial, and are not, and there are cases that should be lost, and inexplicably are won.
  
  In addition, there are many cases where the parties have reached confidential settlements that our clients would definitely consider a 'win' but we cannot publicize the details of the case.
  
  You can check out some of our results at our web site you should read our information on lawyer advertising.
• Q: I am concerned about how easily it may be for information about my medical records to get into unauthorized hands. Does Virginia permit hospitals to distribute information about me to others?
  
  A: In October, 1998, the Supreme Court of Virginia upheld a $100,000 verdict against Fairfax Hospital in a case which involved the hospital’s unauthorized disclosure of a patient’s medical record to third parties.
  
  A mother gave birth at the hospital. The child later suffered a heart attack and died. The mother sued the hospital for the wrongful death of her infant. During the course of that litigation the hospital provided copies of the mother's records to a hospital attorney and a defendant nurse even though the mother's records were not relevant to the litigation regarding the child's death. Those records contained very personal information about her medical history before and after her pregnancy.
  
  The Supreme Court held that a health care provider is obligated to preserve the confidentiality of information about a patient which was communicated to the health care provider during the course of treatment. The Court said that confidentiality is an integral aspect of the relationship between the health care provider and the patient.
  
  The court held that a hospital owes a duty to the patient not to disclose information gained during the course of treatment without the patient's permission and that violation of this duty gives rise to an action for money damages. Is this case, since the hospital's director of legal affairs had made a unilateral decision to give the mother's medical records to the hospital's attorney and a nurse without a court order, the hospital was liable to the patient for money damages. The court ruled that the plaintiff was entitled to recover damages for her emotional distress, humiliation and embarrassment.

Serious Personal Injury

• Q: I have been injured in an accident and I need an attorney. Do I need to find a specialist or can I use a anyone who advertises in the telephone book?
  
  A: Our office recently settled a legal malpractice case against a local attorney which demonstrated once again why you should only hire an experienced personal injury attorney for your case. In this case the client had been seriously injured in an automobile accident several years ago. The attorney had settled her case but in doing so he had miscalculated the liability insurance available to her for the accident. As a result of his error, the case was settled for far less than its actual value.
  
  During one of her many surgeries to repair her injuries, her surgeon committed medical malpractice and caused her additional injury. The attorney she had retained to work on her automobile accident case never thought to investigate a potential medical malpractice claim. When it came time to settle the automobile case, he had the client sign a general release.
  
  When our office undertook representation of the woman, we first sued the surgeon who had injured her in the operation. The surgeon claimed that the general release which the automobile accident attorney had the client sign also released him from any negligence claim. Virginia law seemed to support his argument. As a result of the general release, the medical malpractice case against the surgeon was settled for less than its true value.
  
  When we sued the attorney, we claimed that not only had he miscalculated the available insurance proceeds in the automobile case but his negligence had also seriously impaired the value of her medical malpractice case. An experienced and knowledgeable personal injury attorney would have correctly seen that there was more insurance available to the client and he never would have let her sign a general release to settle the automobile case. He also should have recognized that the client had a potential medical malpractice case in order that she could be referred to an experienced malpractice attorney.
  
  You also may want to consider hiring an attorney who is Board Certified
• Q: I have been involved in an accident and the medical bills are mounting. The insurance company for the driver who hit me says they will pay my medical bills and give me a " little something " for pain and suffering. They have asked me to sign a medical release. Should I take them up on their offer?
  
  A: No, especially if you are still under the care of the physician. Once you settle with the insurance company, that will be the end of your claim, even if your injury gets worse. There may be other sources available to pay your medical bills while your claim is pending with the insurance company. An experienced personal injury attorney will be able to help you understand your rights. Most personal injury attorneys will meet with you for free to help you decide whether you need an attorney. By the way, you should never, ever sign the medical release that it sent to you by an insurance company. While releases are sometimes important to the claim every release that we have ever seen from an insurance company is overbroad--contains no time limit--can be sent to anyone at all--and allows the insurance company to re-release the information to others. Their is no requirement that you sign their release and an experienced attorney can draft a release for you that protects your rights.
• Q: I have been injured in an automobile accident. Will you refer me to a doctor or chiropractor that you work with?
  
  A: No, we won't. There are many fine health care providers in this area. You should pick one based on your medical needs, not based on what may be "best" for your case. In our area, jurors are very suspicious of doctors who are involved in your case because of a direct referal from a lawyer. Judges in Fairfax have called such a referal the "kiss of death" to your claim. Why?? Because the insurance companies keep track of which lawyers refer cases to which doctors and they use this against YOU at trial. When it comes out that your doctor who is testifying at trial has had 25 other patients referred from the same lawyer that year the doctor's credibility is damaged. Frankly, we believe that it is unfair to you to be referred to a doctor without your attorney making a full disclosure to you about how many referals this doctor gets from his office--because this may directly affect your claim. Are their exceptions to this policy?? Sure--but the excepttions are based on medical need. We may know of a specialist who is very qualified to treat a particular injury. For the vast majority of cases however, such referrals are unwarranted.
• Q: What is a life care planner?
  
  A: A life-care planner is an expert who evaluates what type of medications, medical care, and expenses you will incur as a result of your catastrophic injury. With a devastating injury, we will know whether you will need 24 hour a day nursing care, frequent visits to the doctor's office, possibly future surgery, ongoing medication and medical equipment.
  
  A life-care planner takes into account your current medical condition, looks at your medical records, and determines what type of medical care and medical needs you will have for the forseeable future. Once this evaluation is completed, we then provide our economist with this report and the economist can then calculate the amount of money needed to provide for all of your medical care needs.
  
  This is used to support our claim for past damages, and also for future damages.
• Q: I heard about that lady who received millions of dollars from McDonalds after she spilled hot coffee on herself. Wasn't that an example of an outrageous jury award?
  
  A: Of all of the "infamous" cases of the jury system gone crazy, the McDonald’s "hot coffee" case must rank number one. Every time I hear the topic brought up, those discussing it talk about the "millions" some lady got because she spilled coffee on herself while driving her car. It is cited as an example of someone else ripping off the system and of someone not accepting personal responsibility for their actions. Jurors come into court today not wanting to be "fooled" like that jury in the McDonald’s case.
  
  The truth about this case is rarely told and certainly has not been reported in the media. The reason for the failure to accurately report the case is undoubtedly because McDonald’s is such a heavy hitter, advertising-wise. The case never would have gotten so far had McDonald’s accepted responsibility for its decision to put profits in front of safety.
  
  When the McDonald’s jury first heard what the case was about, they thought it was silly. It was not until McDonald’s executives testified that the jury got angry with the indifferent attitude of this huge corporation.
  
  What The Jury Heard
  
  The plaintiff, Stella Liebeck, was not driving. She was a passenger in a stopped car. She was doing what most of us commonly do after buying coffee at the drive-up window, she was adding cream and sugar to it. What she did not know was that her McDonald’s coffee was served at a temperature that was 45-50 degrees hotter than the industry standard. No one else served coffee that hot! If you are a coffee drinker, think back to the McDonald’s coffee of several years ago. You could not drink it right after it was served. At that temperature a liquid will cause third degree burns in a matter of seconds. There was no time to clean up a spill.
  
  Stella suffered third degree burns to her thigh and buttocks. Ten percent of her body was permanently scarred. She went through several skin grafting operations.
  
  McDonald’s executives testified at trial that they knew that the coffee could not be consumed at its serving temperature because it would injure the mouth and throat. The evidence at trial was that McDonald’s served their coffee at that temperature to save money because (1) they could use a cheaper grade of coffee; and (2) it cut down on the number of free refills they had to give away. They bragged about the excellent insulating qualities of the coffee cups.
  
  In the ten years preceding the injury to the plaintiff, McDonald’s knew that over 700 people, mostly children and their own employees, had been injured by coffee and hot chocolate that was too hot. McDonald’s safety engineers testified at trial that McDonald’s considered these other injuries, some of which were second and third degree burns, trivial. McDonald’s simply calculated the cost of paying claims and worker’s compensation benefits to people burned by their coffee and compared that with the enormous profit to be made from coffee.
  
  What the Plaintiff Did Before Trial
  
  After her operations, Stella asked McDonald’s to pay her medical expenses of
  approximately $20,000. McDonald’s refused and then offered her $800 for her claim. She originally had no thought of suing McDonald’s, but they insulted her. After filing her suit, a court ordered mediator recommended that McDonald’s pay her $225,000 to settle the claim. McDonald’s again refused.
  
  What the Jury Did
  
  After the jury heard the arrogant McDonald’s executives describe third degree burns as "trivial," they awarded her $200,000 for her medical expenses and pain and suffering and $2.7 million dollars in punitive damages. The $200,000 was reduced slightly to account for her share of responsibility.
  
  Punitive damages are used to deter future wrongful conduct. The jury awarded in excess of two million dollars in punitive damages. The media made this seem high, but all the jury did was award the plaintiff one penny for every cup of coffee sold by McDonald’s world-wide in one day!
  
  McDonald’s did not appeal the verdict. The trial judge reduced the punitive damage award by over $2.2 million dollars. The total award $640,000. McDonald’s then settled the case (presumably for something less than $640,000) and insisted as a part of the settlement that the plaintiff not disclose the exact amount of the settlement.
  
  McDonald’s has since lowered the temperature of its coffee to acceptable levels!
  
  Sounds a little different from the way it is portrayed in insurance company advertising, doesn’t it.
• Q: I was serving on a jury and the plaintiff was asking for her medical bills to be repaid. The jury figured that the bills were probably all covered by insurance. Was this correct?
  
  A: In Virginia, as in most states, evidence about whether or not a plaintiff’s medical bills have been paid by insurance is kept from a jury during a trial. There are many reasons for this law. Sometimes, however, juries attempt to account for the fact that insurance has paid the medical bills and adjust their award accordingly.
  
  If you are on a jury in a personal injury case you should not do this. The reason is that insurance is not simple and different insurance "rules" may apply to the claims at hand. For example, in a recent case in Fairfax County, the jury disobeyed the court’s instruction to not consider insurance. They compensated the plaintiff for 20% of her medical bills because they assumed that she had insurance (as many of us do) that covered 80% of the bills. What they failed to be aware of, however, was that in this case the plaintiff had to pay back her insurance company out of any award, so she really was not insured at all! Almost all insurance policies these days require the injured person to pay back any amounts the company paid for the medical bills if the plaintiff wins his lawsuit. This jury's award for her medical expenses did not even cover what she had to repay to the insurance company!
  
  Insurance policies differ and not every insurance policy requires this type of reimbursement. What the courts have done, however, to make the issue fair for everyone, is to simply take insurance out of the consideration of the jury.

Medical Malpractice

• Q: Is there any way to check up on my physician to see what her credentials are?
  
  A: People often ask us whether there is any way to investigate a physician’s credentials or background prior to developing a physician-patient relationship with that doctor. Until recently, much of that information has been available, but very difficult to obtain. While there are some standard sources which will give you an outline of the physician’s educational background, the sources themselves are often hard to find.
  
  Now there is a company which advertises that it is a "one of a kind information delivery service that provides background information on every physician licensed to practice medicine in the United States." MediNet advertises that it provides easy access to vital information about physicians. This information will include:
  
  - Medical school and year of graduation; Residency training which includes the institution where they trained, and their area of expertise;
  
  - American Board of Medical Specialty Certification for states in which the physician is currently licensed, as well as historical licensure data;
  
  - Records of sanctions or disciplinary actions taken against the physician, if any, from all states.
  
  You can reach MediNet toll free at 1-888-ASK-MEDI. They are also available on the Internet at http://www.askmedi.com/. The cost is about $15.00
  
  Finding out whether your physician has been sued or has paid any claims is still quite difficult. Each local court has a database of lawsuits filed and these can be searched at the courthouse. While the jury verdicts, if any, will be available in most files, you will not find any specific information about settlement. There is a national database to which every doctor’s medical malpractice settlement must be reported. The database was designed, in part, to help identify bad doctors. Unfortunately, the information contained in the database is available only to insurance companies and hospitals. Apparently, someone thinks it would be too dangerous for the people who count most – individual patients of physicians – to get a hold of this information.
  
  If you would like more information on the national physicians database, please contact us.
• Q: The doctor prescribed a drug for my heart but the pharmacist improperly filled the prescription. Luckily, I was not harmed but I might have
  
  A: You do not have a case if you have not suffered any injury. The legal system is designed to compensate someone who has been injured by another’s carelessness—not to teach lessons. Certainly the pharmacist was careless but a case is only meritorious if the negligence has caused injury. You should make sure that the pharmacist and his supervisor are aware of the mistake so that it does not happen to someone else. You may even want to report the facts to the appropriate licensing board. The courtroom, however, is the last place to go with a case like this.
• Q: I have just been diagnosed with cancer and I believe that my doctor should have made the diagnosis earlier - How much time do I have to sue?
  
  A: Consult an experienced medical malpractice attorney immediately! In Virginia your have two years from the time the misdiagnosis actually caused legal harm. In the District of Columbia you have three years from the you discover you are the victim of malpractice. Calculating the time, however, requires legal expertise.
  
  On April 18, 1997, the Virginia Supreme Court rejected a doctor's claim that the time for suing him when he misdiagnosed a women's skin cancer began to run the moment he made the mistake. For years, doctors have claimed that when they mis-read an x-ray, a pap smear or a mammogram, the time for suing them ran just two years later. Incredibly, Virginia courts have sometimes held that the patient's claim expired even before the patient knew she was a victim of negligence.
  
  In St. George v. Pariser, M.D., the Supreme Court made clear that it is the onset of injury which triggers the running of the statute of limitations. In other words, in order to have the case dismissed, the doctor must prove that you suffered an additional injury because of his negligence and that the additional injury occurred more than two years prior to your lawsuit.

Miscellaneous

• Q: If a family member has died and I need to come to you for legal advice, what documents do I need to bring to our meeting?
  
  A: First, I want to express my condolences if that is the case. It's never easy when a loved one has died. It's even more difficult if you believe that their death was caused by someone's wrongdoing or carelessness.
  
  Second, here are the documents that will help greatly and will allow me to proceed with an investigation into your case:
  
  1. An original death certificate (the funeral home will be able to provide this. Also, ask the funeral home for a bill marked "fully paid."
  
  2. Let me know whether an autopsy has been performed. If so, I can arrange to obtain a copy of it from the medical examiner's office.
  
  3. A list (handwritten is just fine-it doesn't need to be typed) of the names and addresses of any doctor your loved one saw within the last two years.
  
  4. A list of the immediate family members, together with their ages, dates of birth and social security numbers.
  
  5. If your loved one had a will, please bring a copy with you. (I need this to know who the executor or executrix (female executor) is.)
  
  6. If your loved one did not have a will, one of the close family members, (you'll choose) will need to be named as the administrator of the estate. This simply means that that person will stand in place of the deceased loved one. He or she will have their name put on the litigation documents, but importantly, that person does not receive any different or greater share of the recovery simply because they are the administrator (or administratrix for a female).
  
  7. If you have copies of any medical records, bring them.
  
  8. Bring any medical insurance cards, bills and receipts from any health insurance company about the treatment your loved one received recently.
  
  9. If your loved one was employed, bring copies of their tax returns and w-2 forms for the last three years.
  
  10. When you meet with me, try and bring any family members who have knowledge or information about the specific events that led to your loved one's injuries and untimely death.
  
  All of these documents assist me in promptly evaluating and processing your matter.
• Q: I have heard about people who file frivolous lawsuits. What about businesses--are all of their cases legitimate?
  
  A: Every so often we hear the cry of big business that the jury system should be changed because too many frivolous lawsuits are filed. We have all heard the stories about the burglar who supposedly sued for falling through a roof and the psychic who purportedly recovered millions when she lost her psychic abilities in a CAT scan. You should read such accounts with healthy skepticism. What you will not read about in the general press are the stories about the ridiculous lawsuits that big businesses file against each other.

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