If you are on Medicare, Medicaid or Social Security Disability, it is vitally important that you inform your personal injury attorney of this fact. Unlike many other types of health insurance, these government funded plans are entitled to receive reimbursement for expenses they provided on your behalf. The process can be long and involved because it requires dealing with large bureaucracies, and it helps to get the ball rolling from day one.

Why do I have to pay?

A personal award is assumed to be compensating you for money that you have spent or will have to spend on your injuries. Theoretically, you are not supposed to be getting paid twice for the same injuries from the same accident. If Medicare has paid for your broken leg, and you then receive an award from someone’s homeowner’s insurance for those same leg injuries, you will need to reimburse Medicare for the cost of the treatment.

What if I just don’t mention that I have Medicare or Medicaid?

Medicare has started to get serious about enforcing these laws. As such, many defense attorneys will not settle without first ensuring that either there is no Medicare or Medicaid involved, or that they have been properly notified. Here is a helpful site outlining the process: MSPRC Site

Is there anything I can do?

Yes there is. By keeping your attorney informed you are allowing them to negotiate with Medicare for a lower repayment amount. Medicare often sends an initial bill that includes treatments and visits that are unrelated to the injuries in your case. Your attorney can challenge these charges. Additionally, Medicare is often willing to work with attorneys to reduce the fee by as much as a third. Don’t pay Medicare or Medicaid more than you have to. Call the Law Offices of James Morris to handle your case today.

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A woman involved in a low speed collision accident suffers whiplash on the day of the accident, this is a relatively mild condition that most people overcome in a few days, but her pain does not decrease, instead she develops severe burning sensations, sensitivity to hot, cold, light and even touch.   She is devastated as daily activities she took for granted like cleaning, showering and even moving her limbs become more and more difficult.  She suffers debilitating pain and is forced to take stronger and stronger medications to function.  She can no longer work and has to rely on family members to do many tasks for her.

The name for this devastating condition is Complex Regional Pain Syndrome (CRPS) formerly known as Reflex Sympathetic Dystrophy (RSD).  Symptoms vary but may include:

• Severe burning  pain
• Pathological changes to the skin, hair and bones (such as early osteoporosis)
• Tissue swelling
• Extreme sensitivity to touch
• Muscle stiffness, weakness, or atrophy secondary to severe pain

Complex Regional Pain Syndrome can occur after relatively mild injuries such as whiplash or a sprain.   Unfortunately, the mild nature of the accident or injuries often makes getting help difficult as family, friends and even some doctors may believe the victim is putting on an act or exaggerating the symptoms.   Insurance companies use this to their advantage hiring their own doctors to cast doubt on a victim’s credibility.

At the Law Offices of James Morris we believe you.  We have seen the tragic effects CRPS can have on a person’s life and we have fought insurance companies who claim the initial injury was too mild to result in such pain.  We have made them pay for the terrible pain and suffering our clients have endured.
If you or a loved one is suffering with CRPS after an accident, I urge you to call the Law Offices of James Morris.  We will fight on your side to get you the settlement you deserve.  We have the experience, dedication and resources to help you through this difficult time.
For more information on CRPS please see the following links:

UW Health

RSDS

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This is post two in a two part blog series devoted to a recent article on CNN Health, ‘10 Shocking Medical Mistakes. This post goes over shocking mistakes six through ten. The original piece ties these mistakes to real-life instances of these errors – click here to see the personal stories in slideshow form on CNN.com.

Today we will look at (the last) five of the most common mistakes. The first five medical mistakes can be found here on our blog – Top Medical Mistakes – Part 1.

Mistake #6 – Air bubbles in the blood – When medical staff remove a chest tube, it is important that they seal the insertion point. If not, air bubbles can get sucked into the open wound and cause a disruption in blood supply to the lungs, heart, kidneys and/or brain. Left untreated this condition can be fatal. CNN suggests, if you have a chest tube as part of medical treatment, ask medical personnel how you should be positioned when they remove your chest tube. This will increase the odds that the procedure goes smoothly.

Mistake #7 – Operating in the wrong place – This mistake happens with a patient’s chart is incorrect, is misread or is obscured in the operating room. This can lead surgeons to cut into the wrong site on the body leading to a number of potential complications. The CNN article suggests checking with your nurse and surgeon that the surgery is going to be performed on the correct site on the body.

Mistake #8 – Inadvertent Infection – Cleanliness is imperative in the operating room. When doctors and nurses don’t properly wash their hands they can spread infections to patients. This can be especially dangerous to a patient with a compromised immune system. In extreme cases patients can die from this mistake. The article suggests asking doctors and hospital personnel whether they have washed their hands prior to them treating you.

Mistake #9 – Mistaken tubes – There are a number of different tubes used in different patient treatments. If hospital personnel mixes a chest tube and a feeding tube up, there can be serious complications. Medicine meant for the stomach can end up in the chest or vice versa. CNN’s suggestion is to ask staff to trace a tube back to the source so that mix-ups are avoided.

Mistake #10 – Waking up during surgery – Anesthetic dosage is specific to each patient. An overdose can cause problems and an underdose can cause a patient to wake up during surgery. In this case the brain is often awake when the muscles remain paralyzed. The patient can feel the surgeon cutting and prodding. The article suggests discussing your anesthetic options prior to surgery. A local anesthetic may be a better option.

Medical mistakes are tragic and can cause long term problems for affected patients. If you ever find yourself a victim of one of these indiscretions contact the Law Offices of James Morris immediately. We have valuable experience in medical malpractice lawsuits, and will give you the personal support that you deserve.

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A recent article on CNN Health, ‘10 Shocking Medical Mistakes,’ goes through a number of common medical errors with personal stories to illustrate real life examples. This post is focused on the actual medical mistakes – click here to see the personal stories in slideshow form on CNN.com.

Today we will look at the first five of the common medical mistakes. Check back later to get Part #2 of this post containing the rest of the list.

Mistake #1 – Treating the wrong patient – Occasionally, at a busy hospital, staff fails to verify a patient’s identity. This can lead to severe complications. CNN suggests that a patient (or accompanying friends or family) verifies that hospital staff checks the entire name, date of birth and any hospital identification (wristband, etc.) of the patient before any procedure.

Mistake #2 – Surgical tools left behind – If surgical staff fails to keep track of the equipment used in an operation or procedure, it can lead to tools/equipment being left inside a patient. CNN’s suggestion is to immediately contact hospital staff if you are experiencing any unexpected pain, swelling or fever after an operation. This won’t prevent the complication, but it will help ensure that you take care of the problem as soon as possible.

Mistake #3 – Wandering patients – Patients who are disoriented, or who suffer from dementia are prone to wandering. They can find their way out of their hospital room, or the building. Once a disoriented patient is out on their own they are at risk of being trapped, lost leading to hypothermia and dehydration. CNN’s suggestion for prevention; obtain a GPS tracking bracelet, and you will always know the whereabouts of your loved one.

Mistake #4 – Imposter Doctors – Unlicensed and disreputable medical personnel lack the proper training and background to properly treat a patient’s ailments. Con-artists impersonating doctors will ‘play the part’ to make a quick buck. Their treatments often backfire. Instead of healing a patient they cause further harm. CNN recommends that a patient confirms online that their doctor is a licensed and reputable professional.

Mistake #5 – Long waits in the ER – Overcrowded emergency rooms leave injured patients to wait for long periods of time. In some cases, these extended wait times lead to more severe medical complications. To combat these wait times CNN suggests calling your personal doctor. If your condition warrants, your doctor will call ahead to the emergency room paving your way to necessary medical care.

Medical mistakes are tragic and can cause long term problems for affected patients. If you ever find yourself a victim of one of these indiscretions contact the Law Offices of James Morris immediately. We have valuable experience in medical malpractice lawsuits, and will give you the personal support that you deserve.

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A driver takes a risk every time he or she enters a vehicle. What if I get into a car crash? What if I’m rear ended? What if I’m not sure what to do after a car accident? All of these fears are rational and realistic. The National Highway Traffic Administration estimates that at least one car crash occurs globally every 60 seconds, approximating to more than 5.25 million car accidents every year. One of the most frequent types of car accident, a rear end crash, accounts for roughly 30% of all car accidents in a given year according to sciencedaily.com.

To combat these continually rising numbers, several car companies are implementing collision avoidance systems. These systems rely on a series of sensors located in both the front and rear end of the vehicle to alert the driver when he or she approaches external objects like nearby cars, parking ramp walls, or light poles. More intuitively, certain systems notify drivers that they must reduce their speed around upcoming turns and by how much to do so.

A real-world example of a collision avoidance system in action applies to a driver attempting to switch lanes. With the system intact, if a driver tries to prod his way into the left lane without noticing the large semi in his blind spot, the avoidance system belts out a word of caution alerting the driver of the nearby vehicle, thus preventing a potentially serious or fatal car crash. In certain brands, the car will actually swerve itself in the opposite direction to prevent the unsafe lane change.

Though many companies now include this technology in their vehicles, Swedish car manufacturer Volvo is at the forefront. Not only does Volvo’s system alert a driver if he or she is nearing a vehicle, but it also enables the car to slam on the brakes if the driver does not do so. Take a look at the video below to see Volvo’s collision avoidance system in action.

The Royal Society for the Prevention of Accidents estimates that roughly 60% of accidents at work go unreported every year. Many avoid reporting workplace accidents for fear of executive confrontation or simple lack of will. Despite the perceived burden of reporting a workplace accident, employees actually benefit from recording such incidents. For instance, if an employee seeks time-off for an accident at work, referencing a log of when the accident occurred is helpful in determining how much time off is needed to fully recover.

What most people fail to realize is that, under the Reporting of Injuries, Diseases and Dangerous Occurrences Regulation of 1995, employers are required to report all accidents in the workplace regardless of the incident’s severity. For this reason, it is imperative that employees do their part in recognizing when workplace accidents occur and properly recording them for employer review.  This requirement extends beyond the realm of erroneous human behavior to include spread of diseases and illnesses as well. Employees and employers should take every measure possible to prevent workplace accidents. The list below provides four preventive measures to take in every workplace:

1. Safety Training for New and Current Employees: As part of orientation, all employers should enforce a rigorous safety training session to assure that employees know what to do if a workplace accident occurs.
2. Ongoing Safety Education: an initial safety orientation is a good start, but continuing safety education in the workplace at regular intervals can save employers thousands of dollars in the long run if a workplace accident were to occur. Monthly safety meetings, bulletin board reminders and occasional informational video sessions are all good ways of continuing an employee’s safety education.
3. Provide Necessary Safety Equipment: easily the most obvious point on the list, but also the most important. Without necessary safety and first-aid equipment readily available, an accident in the workplace can go from bad to worse in minutes. Essential safety protection includes eye goggles, adhesive bandages and ear plugs.
4. Proper Training for Specialized Machinery: if your organization uses any sort of occupational-specific machinery, necessary training in machinery function should be given to all employees who will use it. This sort of training should not occur on the job, but rather before the employee begins work.

In 2007, a lone gunman shocked the nation with his violent rampage on a campus full of unsuspecting students in Blacksburg, Virginia. The campus was the Virginia Polytechnic Institute, and the gunman, a disgruntled English major with a history of psychological distress and anxiety disorders. Five years after the massacre that took the lives of 33 students, including his own, and injured 25 others, prosecution attempted this past week to establish responsibility in this extensive list of wrongful death cases.

When word first broke on campus that a gunman opened fire on his classmates, university police dismissed him as a jealous boyfriend posing no further threat to the student population, or so the prosecutors lead jurors to believe. Despite yielding both .22 caliber semi-automatic and 9 mm handguns, the prosecution provided evidence that university police waited two and half hours before responding to the first shots on campus according to the Washington Post. Once a response was finally set in motion, the police pursued the wrong suspect, allowing the gunman to chain-lock the doors of Norris Hall and continue his massacre.

In a case like this, it’s difficult for a wrongful death attorney to establish responsibility or determine who was negligent  due to the complexity of the situation. But grieving parents need some sense of closure in directing blame for the death of their child. Since the gunman was unable to stand trial, the parents attorneys attempted to prove the elements of negligence in the university police’s error in judgment and response.

At James Morris Law, in wrongful death situations involving car accidents,  construction accidents or other types of negligent cases, it is our job to bring justice to those who’ve lost a loved one. If you’re in need of a buffalo personal injury lawyer, or buffalo wrongful death lawyer  call James Morris Law today, 716-855-1118.

Texting while Driving threatens our safety behind the wheel. Unfortunately, little research exists to conclude the severity of damage texting while driving causes. The Governor’s Highway Safety Association (GHSA) however, released a definitive report last summer on distracted driving, pulling research from over 350 scientific papers published over the last decade. Much of their research focused on cell phone use while driving. Before we get into the conclusions of the GHSA’s research, here’s a brief overview of the different types of distracted driving.

Four types of driver distraction:

• Visual – drivers eyes focused on something other than the road
• Auditory – listening and focus attention to sound unrelated to driving
• Manual – physically interacting with something other than the steering wheel
• Cognitive – mental processes focused on something other than driving

Many distractions incorporate any or all of these types causing both sensory and mental distractions. The GHSA used these distractions as criteria for their study to determine when drivers were considered distracted. Now that you know what constitutes distracted driving, here are some of the most startling distracted driving statistics from the GHSA’s report (view the full report here: Distracted Driving: What Research Shows and What States Can Do)

1. Drivers are distracted up to 50% of the time while driving: based on observations of over 100 different drivers, drivers engaged in a secondary activity 25%-50% of the time. More specifically, evidence showed that two-thirds of all drivers surveyed reported cellphone use while driving
2. Fifteen to thirty percent of all crashes involve at least one distracted driver: this proportion may be even greater due to restrictions in generating data.
3. One eighth of all drivers admitted to texting and driving: the study also suggested that texting is likely to increase crash risk more so than traditional cell phone use.

Due your part to stop preventable car accidents by shutting out distractions while driving. Should you fall victim to a distracted driver, contact a buffalo lawyer from a law firm with over 100 years of combined personal injury compensation experience. Call James Morris Law, 716-855-1118.

A dog bite injury is painful enough for a family to deal with, let alone the numerous other animal injuries a person can suffer. The info-graphic below provides a grim look at the havoc an everyday pest, like a mosquito, can wreak on an unsuspecting victim. If you need a lawyer as the result of a dog attack, or a personal injury attorney in Buffalo, call James Morris Law today, 716-855-1118

Source: TotalInjury.com

Reckless driving applies to any age group, typically however, it’s our young driver’s that concern us most. The Center for Disease Control and Prevention (CDC) estimated that in 2009, over 3,000 teens, age 15-19, were fatally injured in car accidents, and another 350,000 were treated for automobile injuries. An even more startling automobile accident statistic by the CDC claims that, though people ages 15-24 account for just 14% of the population, they account for 30% of the total costs of injuries from car accidents among males, and 28% among females, culminating a whopping total of $26 billion annually. So what causes this vast discrepancy in teenage driving risks versus the rest of the population? The CDC provides an extensive list of teen car accident factors to explain this phenomenon; here are a few of the most important:

1. Teens are more likely to speed: In 2005, 37% of fatal car crashes involving 15-20 year olds were due to speeding. The presence of male teenage passengers increases this likelihood according to a study on the observed effects of teenage passengers on the risky driving behavior of teenage drivers.

2. Teens have the lowest rate of seatbelt use: a 2005 study confirmed that roughly 10% of teens admitted to rarely or never wearing a seat-belt, that percentage was even higher for male participants.

3. Teens are more likely to be in an accident at any BAC level: the CDC confirms that any elevated level of blood alcohol puts teens at a greater risk of a car accident than the rest of the population. Twenty-five percent of drivers age 15-20 who died in a car accident in 2008 had BAC levels of .08 or higher.

4. Teens are more likely to be in a car accident on the weekend: A 2008 study found that 56% of teenage fatal car accidents occurred on Friday, Saturday or Sunday.

Fortunately, there is hope for teen drivers. Research suggests that 16-year-olds who enrolled in comprehensive graduated drivers licensing (GDL) programs slashed their risk of getting in an automobile accident by as much as 40%. An automobile accident can strike anyone at any time, not just teens. Should you, a child or a friend need a car accident attorney, call an attorney in buffalo from a law firm with over 100 years of combined personal injury experience. Call James Morris Law, 716-855-1118.