Insurance Companies Archives - The Thompson Law Firm https://thethompsonlawfirm.net/category/insurance-companies/ Fort Myers Florida Trial Attorney Tue, 02 Apr 2024 17:36:21 +0000 en-US hourly 1 More Patients Are Losing Their Doctors — And Trust in the Primary Care System https://thethompsonlawfirm.net/more-patients-are-losing-their-doctors-and-trust-in-the-primary-care-system/ Tue, 02 Apr 2024 17:36:21 +0000 https://thethompsonlawfirm.net/?p=23796 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 […]

The post More Patients Are Losing Their Doctors — And Trust in the Primary Care System appeared first on The Thompson Law Firm.

]]> 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 Are Losing Their Doctors — And Trust in the Primary Care System

The post More Patients Are Losing Their Doctors — And Trust in the Primary Care System appeared first on The Thompson Law Firm.

]]> Jury Awards $30M To Family Of 23-Year-Old Who Died From Ulcer https://thethompsonlawfirm.net/jury-awards-30m-to-family-of-23-year-old-who-died-from-ulcer/ Tue, 20 Feb 2024 14:31:46 +0000 https://thethompsonlawfirm.net/?p=23692 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

The post Jury Awards $30M To Family Of 23-Year-Old Who Died From Ulcer appeared first on The Thompson Law Firm.

]]> 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

The post Jury Awards $30M To Family Of 23-Year-Old Who Died From Ulcer appeared first on The Thompson Law Firm.

]]> Insurance Coverage Issues and Fighting Through Delay https://thethompsonlawfirm.net/coverage-issues-and-delay/ Tue, 23 Jan 2024 17:42:40 +0000 https://thethompsonlawfirm.net/?p=23645 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 […]

The post Insurance Coverage Issues and Fighting Through Delay appeared first on The Thompson Law Firm.

]]> 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 that the policy dispute is “intertwined” with lawyer misconduct in the underlying product liability case.

Read more at: https://www.law360.com/articles/1787996?e_id=25d2963f-1ea0-460a-a386-3cba85706e60&utm_source=engagement-alerts&utm_medium=email&utm_campaign=similar_articles?copied=1

Here are links to just a few of the cases in which I fought through coverage issues to obtain full recoveries for my clients:

Owens v. Nationwide

Signorelli v. Fireman’s Fund

Bethany Morris

The post Insurance Coverage Issues and Fighting Through Delay appeared first on The Thompson Law Firm.

]]> Pitards and Hoisting Come to Mind https://thethompsonlawfirm.net/pitards-and-hoisting-come-to-mind/ Wed, 29 Nov 2023 14:55:33 +0000 https://thethompsonlawfirm.net/?p=23510 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 […]

The post Pitards and Hoisting Come to Mind appeared first on The Thompson Law Firm.

]]> 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 failed to prove that it had served the defendants with notice of its suit, putting an early end to its case, a Florida federal judge decided Tuesday.

Read more at: https://www.law360.com/personal-injury-medical-malpractice/articles/1770639?nl_pk=029cff45-637f-44e3-babf-75563f8e0bfd&utm_source=newsletter&utm_medium=email&utm_campaign=personal-injury-medical-malpractice&utm_content=2023-11-29&read_main=1&nlsidx=0&nlaidx=15?copied=1

The post Pitards and Hoisting Come to Mind appeared first on The Thompson Law Firm.

]]> United Health Is Using AI to Deny Insurance Claims https://thethompsonlawfirm.net/united-health-is-using-ai-to-deny-insurance-claims/ Thu, 16 Nov 2023 15:13:38 +0000 https://thethompsonlawfirm.net/?p=23494 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 […]

The post United Health Is Using AI to Deny Insurance Claims appeared first on The Thompson Law Firm.

]]> 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 in a federal court in Minnesota on behalf of the families of two UnitedHealth private Medicare plan enrollees who died, accuses the company, which is based in Minnesota, of using an algorithm to “systematically deny” coverage of elderly patients’ rehabilitation care.

The link to the story from noted health insurance expert Wendell Potter, and meticulously researched and backed up, is

Here

The post United Health Is Using AI to Deny Insurance Claims appeared first on The Thompson Law Firm.

]]> When A Settlement Isn’t Final? https://thethompsonlawfirm.net/23333-2/ Tue, 10 Oct 2023 13:49:42 +0000 https://thethompsonlawfirm.net/?p=23333 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, […]

The post When A Settlement Isn’t Final? appeared first on The Thompson Law Firm.

]]> 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,

A Florida couple told an Eleventh Circuit panel on Friday that a $200,000 settlement over catastrophic injuries the husband sustained after slipping on ice doesn’t absolve State Farm from paying insurance benefits, saying that the Medicare Secondary Payer Act obligates the insurer to pay for ongoing medical care.

Read more at: https://www.law360.com/personal-injury-medical-malpractice/articles/1725578?nl_pk=029cff45-637f-44e3-babf-75563f8e0bfd&utm_source=newsletter&utm_medium=email&utm_campaign=personal-injury-medical-malpractice&utm_content=2023-10-10&read_main=1&nlsidx=0&nlaidx=7?copied=1

The post When A Settlement Isn’t Final? appeared first on The Thompson Law Firm.

]]> Med Mal Presuit Rules Can Be A Trap https://thethompsonlawfirm.net/med-mal-presuit-rules-can-be-a-trap/ Tue, 19 Sep 2023 14:28:55 +0000 https://thethompsonlawfirm.net/?p=23234 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 […]

The post Med Mal Presuit Rules Can Be A Trap appeared first on The Thompson Law Firm.

]]> 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 a claim by the defense that the procedures were not properly followed. This results in an unbelievable amount of litigation, appeal, and court docket crowding.

Texas is one of those states. Recently their Supreme Court had to overturn an appellate court ruling that ruined a legitimate action for years – all because the Appellate court accepted quibbling over the language of the expert reports confirming the merit of the case.

The appeals court faulted the two reports for not including enough details about how Kenmar should have changed Uriegas’ care plan, monitored his condition after the first fall or the specific interventions the facility and its nurses should have implemented, according to court documents.

 

Choose your lawyer carefully.

Read more at: https://www.law360.com/personal-injury-medical-malpractice/articles/1722343?nl_pk=029cff45-637f-44e3-babf-75563f8e0bfd&utm_source=newsletter&utm_medium=email&utm_campaign=personal-injury-medical-malpractice&utm_content=2023-09-18&read_main=1&nlsidx=0&nlaidx=4?copied=1

The post Med Mal Presuit Rules Can Be A Trap appeared first on The Thompson Law Firm.

]]> Pay No Attention to the Man Behind the Curtain https://thethompsonlawfirm.net/pay-no-attention-to-the-man-behind-the-curtain/ Mon, 11 Sep 2023 15:23:28 +0000 https://thethompsonlawfirm.net/?p=23169 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 […]

The post Pay No Attention to the Man Behind the Curtain appeared first on The Thompson Law Firm.

]]> 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 lawyer will either have to dig up the truth on their own or remain in the dark.

An insurer for a climbing equipment manufacturer is suing Gordon Rees Scully Mansukhani LLP, saying misconduct by the firm’s attorneys, coupled with another insurance company’s decision to yank an excess coverage policy, forced the manufacturer to settle claims over a climber’s fall at a Seattle gym just before the suit went to trial.

Read more at: https://www.law360.com/personal-injury-medical-malpractice/articles/1719694?nl_pk=029cff45-637f-44e3-babf-75563f8e0bfd&utm_source=newsletter&utm_medium=email&utm_campaign=personal-injury-medical-malpractice&utm_content=2023-09-11&read_main=1&nlsidx=0&nlaidx=1?copied=1

The post Pay No Attention to the Man Behind the Curtain appeared first on The Thompson Law Firm.

]]> Tenacity: A Necessary Trait https://thethompsonlawfirm.net/the-trial-battle-isnt-always-the-end-and-doesnt-win-the-war-but-it-sure-does-help/ Tue, 29 Aug 2023 13:32:38 +0000 https://thethompsonlawfirm.net/?p=23103 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 […]

The post Tenacity: A Necessary Trait appeared first on The Thompson Law Firm.

]]> 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 have had clients made whole for unnecessary delays caused by the opposing side. I firmly believe that my reputation for tenacity helps all of my current clients obtain favorable and timely results.

A man who won a nearly $26 million verdict against Temple University Hospital in a leg amputation medical malpractice case was awarded an additional $3.7 million in delay damages by a Philadelphia judge, who described the hospital’s bid to undo the verdict as “disingenuous,” in an order docketed on Monday.

Read more at: https://www.law360.com/personal-injury-medical-malpractice/articles/1715818?nl_pk=029cff45-637f-44e3-babf-75563f8e0bfd&utm_source=newsletter&utm_medium=email&utm_campaign=personal-injury-medical-malpractice&utm_content=2023-08-29&read_main=1&nlsidx=0&nlaidx=1?copied=1

The post Tenacity: A Necessary Trait appeared first on The Thompson Law Firm.

]]> Insurance Coverage https://thethompsonlawfirm.net/insurance-coverage/ Thu, 03 Aug 2023 13:51:43 +0000 https://thethompsonlawfirm.net/?p=23062 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 […]

The post Insurance Coverage appeared first on The Thompson Law Firm.

]]> 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 a Missouri federal judge that an insurer need not cover a $2.5 million judgment awarded to the victim of a bar shooting, finding that an assault-and-battery exclusion clearly applied to relieve the carrier of its obligations.

Read more at: https://www.law360.com/personal-injury-medical-malpractice/articles/1706295?nl_pk=029cff45-637f-44e3-babf-75563f8e0bfd&utm_source=newsletter&utm_medium=email&utm_campaign=personal-injury-medical-malpractice&utm_content=2023-08-03&read_main=1&nlsidx=0&nlaidx=6?copied=1

The post Insurance Coverage appeared first on The Thompson Law Firm.

]]>