I would add that people I see in my practice have lost their faith in health care, particularly the large institutions – like insurance groups and health systems. “The American Medical Association’s president, Jesse Ehrenfeld, recently called the physician shortage a “public health crisis.”” Here is the link to the story in Kaiser. More Patients […]
You don’t often hear about the frivolous and stubborn defenses that anger juries. David Dickey, who represents Hannah Waite’s parents, told Law360 on Friday that he proposed settlements of $250,000 to each doctor, but the defense refused and made no offers of their own. Read more at: https://www.law360.com/personal-injury-medical-malpractice/articles/1803831?nl_pk=029cff45-637f-44e3-babf-75563f8e0bfd&utm_source=newsletter&utm_medium=email&utm_campaign=personal-injury-medical-malpractice&utm_content=2024-02-20&read_main=1&nlsidx=0&nlaidx=0?copied=1
When insurance carriers and defense lawyers fight among themselves, the victims of negligence and defective products sometimes endure delays. The primary insurer for a Colorado climbing gear company said an excess insurer’s bid to get out of liability for a climber’s injuries should be heard in a Washington state malpractice suit, arguing in a motion […]
Insurance companies often use service deadlines to avoid responsibility when plaintiffs have trouble with service of process. I don’t remember seeing an insurance company’s lawyers have the same problem. An insurance company that wanted to avoid defending a company that inspected and certified an amusement park drop tower ride that fatally ejected a 14-year-old boy […]
Insurance carriers have already begun using artificial intelligence to deny health insurance claims. A new lawsuit in Minnesota identifies United Health as using algorithms to deny the health insurance claims of elderly and disabled insureds, When claims are denied, necessary treatment is delayed – increasing the likelihood of serious injuries and death. The lawsuit, filed […]
Holding the carrier liable post-settlement for continuing care and expenses under Medicare rules is an uncommon and aggressive approach. In most cases, settlements result in a release that relieves the paying party from any ongoing financial responsibility. This argument – to hold the carrier for that at-fault responsible for expenses going forward – bears watching, […]
Many states, like Florida, have presuit rules for medical malpractice cases, passed at the urging of lobbies that represent insurance companies and hospital systems. These rules differ from state to state but generally make filing suit more difficult by setting up a series of procedures your lawyer has to follow. Unsurprisingly, almost every case involves […]
I’ve been around the block long enough to know that in personal injury cases – particularly serious ones – there are frequently issues “behind the curtain”. The other side will often conceal these issues but they can affect everything from trial scheduling to negotiations. Sometimes, the defense counsel will be upfront but more often your […]
You need a lawyer who has taken the defense the distance – and then some – for leverage against the other side in your serious personal injury case. Unless the lawyers and carriers on the other side believe your lawyer has ‘the guts’, they have no incentive but to delay. Even after an appeal, I […]
Legal advice and strategy in your personal injury case require a detailed understanding of the various responsible parties and their insurance. Your lawyer should anticipate coverage issues in advance and address them with you so that you can make informed decisions about pursuing your case and a recovery with meaning. The Eighth Circuit agreed with […]
