Scottsdale Personal Injury Blog

Did Your Doctor Diagnose Cancer With A Pregnancy Test?

2017-12-03T14:02:00Z

When physicians diagnose cancer, they should be sure that they are using the correct test to verify the illness before going forward with treatment. Otherwise, a person could be harmed by unnecessary medical intervention.

Every test comes with a unique set of rules and instructions. A physician should be familiar with the individual tests that they employ for diagnosis of illness, especially terminal diseases. Unfortunately, some women found out too late that their doctors diagnosed them with cancer from pregnancy test results.

]]> Cancer misdiagnosis

Certain blood levels are indicators of cancer. For example, a person who has a high level of the hormone HCG may have a rare cancerous tumor. The tumor associated with HCG is a gestational trophoblastic tumor. This type of cancer can be deadly if left untreated, but it shows a positive response to chemotherapy when caught and treated early.

False positives with pregnancy tests

When a woman goes to a physician for a pregnancy test, the test measures for the HCG hormone. If the test shows high HCG, a physician will then order an ultrasound to confirm the pregnancy. If the ultrasound does not locate a fetus, then the physician should investigate the cause of the elevated hormone levels in the body.

A cancer diagnosis is one reason for the elevation, but not the only one. Certain individuals have natural substances in their blood that will give a false positive to this test. This irregularity can occur in up to 10 percent of the population.

Physicians fail to test properly

A pregnancy test is not a cancer test. If a physician suspects cancer, he or she should confirm the diagnosis with a cancer screening test. If you were harmed because a doctor jumped from a pregnancy test reading to surgery and chemotherapy without exhausting other means of analysis for the presence of cancer, you may have been treated unnecessarily.

Denied claim?

To add insult to injury, some patients are denied reimbursement for medical treatment received even when the insurance company knows mistakes were made. Too often insurance carriers wrongfully deny claims. A bad faith claim may also be necessary to recover your losses and receive compensation you are rightly owed for medical malpractice.

Unlicensed rehab clinics may have contributed to 45 deaths

2017-11-07T20:30:00Z

There's a troubling story just in from California. Several unlicensed rehabilitation clinics serving the Spanish-language community are accused of using dangerous treatment methods. The clinics claimed to be affiliated with Alcoholics Anonymous but did not use the methods designed by that group. Some 45 people have died and at least two of those deaths have already been ruled homicides.

Although the events took place in California, something like this could easily occur in Arizona or in any state. Unfortunately, deaths associated with unlicensed clinics are rising in California. The Los Angeles Coroner's Office found 35 such deaths between 2003 and 2014, and another 11 since 2014. Arizona authorities also work to root out unlicensed operators.

]]> Lack of a license doesn't change the tragic outcome of dangerous medical practices. An injury or wrongful death at an unlicensed facility may be handled slightly differently under the law than it would at a licensed medical facility, but the victims still have full rights to compensation for their pain and losses.

The allegations are stark. According to a lawsuit brought by the California Department of Health Care Services, businesses associated with Corriente California used a variety of dangerous or even life-threatening methods to treat people for alcohol or drug addiction, including:

Denying patients water during a three-day-long detoxification
Treating seizures with a padded spoon and folk remedies rather than seeking medical treatment
Chasing down and hog-tying patients who attempt to leave

"These are just a few of the extremely dangerous and life-threatening practices defendants are implementing under the guise of A.A. that need to be enjoined," the department says.

The department also said the facilities -- including bathrooms -- were "makeshift" and that some detox rooms were "filthy and smelled of urine." One patient seen by department investigators had rope burns from being hog-tied. Police were called at another clinic when staff tried to drag an unwilling patient back into the facility.

Corriente, 24 individuals and five associated business entities are the targets of the lawsuit, which seeks to shut down all of the facilities and enjoin the defendants from operating again. The lawsuit also seeks to fine the defendants $200 per day if they run similar facilities after being ordered to shut down.

The reason for the fines is that these defendants have been caught doing this before. According to the department, a 2015 lawsuit tried to shut down similar clinics targeting Latinos. Instead of following the injunction, Corriente and other groups simply relocated, renamed or recreated their unlicensed clinics and continued operations.

These groups are not affiliated with Alcoholics Anonymous. In fact, it is a basic principle of its operation that AA is not affiliated with any outside institution.

Report reveals secret practice of concealing VA workers' mistakes

2017-10-23T19:00:00Z

Doctors, nurses and healthcare workers who have been kicked out of the Veterans Administration may still be working. One may be practicing near you.

A new investigative report by USA TODAY found evidence of a longstanding, secret policy at VA hospitals and clinics that churn bad practitioners out the door without discipline or even required reporting. The purpose of doing so was apparently to keep accused practitioners from challenging the discipline they deserved.

]]> According to USA TODAY, some agency managers didn't report problems to the National Practitioner Data, which made it easier for doctors and healthcare practitioners to continue practicing. The agency also didn't make certain that VA hospitals were reporting discipline to state licensing boards.

In other cases, the report reveals, VA hospitals secretly settled with dozens of physicians, nurses and other healthcare workers who were accused of serious misconduct such as making dangerous medical errors or having inappropriate relationships. The hospitals did force these practitioners out of the VA but the secret settlements allowed them to keep practicing.

USA TODAY says its reporters reviewed around 230 secret settlements and hundreds of confidential records from the VA. Around 70 settlements reporters reviewed involved practitioners being banned for life from working with the VA, even as the agency generally worked to conceal the reasons why. In at least 126 cases, reporters claim, the workers had committed errors or misdeeds so serious that they should have been fired -- and the VA purged their records and gave neutral or positive references when those practitioners applied for outside jobs.

The report concludes that these decisions are not the result of individual "bad apples" but rather a longstanding, secret policy.

As you're probably aware, the VA has been highly criticized in recent years for failures in patient care and attempts at cover-ups. Hundreds of employees have been fired, but the specific reasons are being held secret, just as in the other cases.

The USA TODAY piece is quite long and detailed, and we recommend you read all of it. There are specific examples of failed practitioners who have apparently been shuttled along into private practice with no report to licensing boards and little regard for future patients' safety and wellbeing.

If these allegations are true, then VA supervisors have aided and abetted malpractice and serious misconduct. They appear to have knowingly allowed poor and even dangerous practitioners to move along to non-VA patients simply to avoid the hassle of defending their disciplinary decisions.

Suit: Staten Island hospital had secret C-section consent policy

2017-10-10T20:00:00Z

A Brooklyn woman has sued Staten Island University Hospital (SIUH), claiming that the hospital has a secret policy reserving the right to overrule women's decisions about getting C-sections. She claims that she wanted a natural birth and begged for more time, but her doctor decided on a C-section despite her lack of consent for the procedure.

The policy, which is outlined in an article in the Guardian, allows SIUH doctors to overrule a mother's lack of consent when they determine there is a "reasonable possibility of significant benefit" for the fetus that "outweigh[s] the possible risks to the woman."

]]> Such a policy runs contrary to ethics guidelines issued by the American College of Obstetricians and Gynecologists (ACOG) and the American Academy of Pediatrics (AAP). Both condemn the idea of performing procedures for the benefit of a fetus without the mother's consent.

The practice likely also constituted a criminal assault upon the mother.

"Pregnancy is not an exception to the principle that a decisionally capable patient has the right to refuse treatment, even treatment needed to maintain life," the ACOG said last year. The ACOG and AAP both said in 2014 that "even the strongest evidence for fetal benefit would not be sufficient ethically to ever override a pregnant woman's decision to forgo fetal treatment."

SIUH does not deny that it forced the Brooklyn woman to have an unwanted C-section -- an experience she found "frightening and degrading." Instead, it claims that the procedure probably saved the newborn's life. A note by the head of obstetrics in the woman's chart reads that "The probable benefits of C-section significantly outweigh the possible risk to the woman ... I have decided to override her refusal to have a C-section."

Public records requests by the Guardian to several of the nation's largest hospitals found a number that had no policy about what to do when a doctor and birthing mother disagree about treatment. Those few that did have a policy did not grant the doctor the complete authority to overrule the mother, however.

We recommend reading the entire Guardian article, which discusses a variety of issues surrounding the lawsuit and C-sections in the U.S. The SIUH policy, however, shows one way in which the medical establishment has attempted to resolve the question of what to do when a doctor believes a certain treatment is necessary in order to prevent a birth injury but the mother remains unconvinced. By law, however, patients must always have the final say on what procedures are performed on them.

7 examples of bad faith in claims handling by insurance companies

2017-09-22T20:00:00Z

Insurers are required by law to handle claims in good faith, which means properly investigating them, negotiating reasonable payouts and settling them in a timely fashion. When insurance companies use dishonest or unfair tactics, they can be held to account in what is called a bad faith insurance action.

Unfortunately, insurers sometimes fail in their duty to act in good faith. If you experience bad faith by an insurance company, you should call a lawyer. But how do you know if a company's actions are in bad faith?

]]> Here are seven examples of how bad faith can occur:

Refusal to pay a valid claim

Although insurance companies are required to use only fair claims practices, they sometimes fail to pay out claims that seem clearly in line with the policy. For example, you suffer an injury that your doctor says will take six months or more to heal. You have long-term disability insurance, but your claim is inexplicably denied.

Failure to conduct a complete investigation

One reason insurance claims are unfairly denied is that the company's investigation was incomplete or handled negligently. Companies are required by law to conduct a thorough investigation promptly.

Misrepresenting the law or policy language

If your legitimate claim was unfairly denied, your next step is to ask for an explanation. At this point, the insurance company might tell you that your policy doesn't cover something that you believe it clearly does. Companies have been known to misrepresent their own policy language or deliberately misinterpret it in their own favor. They may also fail to mention laws that act in your favor.

Deceptive practices

Failing to mention a crucial state law affecting your claim could be deceptive. Other examples include failure to notify you of a deadline, not providing the appropriate paperwork, or concealing the existence of coverage you may be unaware of.

Offering less money than a claim is worth

If they can't deny your claim outright, some insurers may try to lowball it instead. For example, you may have collected several estimates for needed repairs, only to be disconcerted that your insurer's offer is lower than any of them.

Unreasonable delays

If a company delays your payment long enough, it can cost you money. They may be working internally to push your payment into a different quarter or simply to keep earning interest on the money. Meanwhile, you may be forced to tie up your own money by paying out-of-pocket for things insurance should cover.

Making threatening statements

No insurance company employee should ever threaten a policyholder -- or anyone. This includes threats of taking harsh or retaliatory legal action against you.

Jury returns $6.5 million verdict for Adelman German client

2017-09-15T23:56:00Z

In 2012, an Arizona man suffered a traumatic brain injury that made him unable to continue working. Not only did he suffer from physical disabilities, the injury ultimately led to debilitating mental health issues requiring multiple hospitalizations.

He was receiving disability benefits under a policy he had purchased in 1995, when his disability insurance company suddenly stopped making payments, claiming that it saw no evidence of impairment in his medical records. This news -- and his complete loss of benefits -- was financially and emotionally devastating to the man, his wife and their two young daughters.

]]> It was later discovered that the insurance company had not even reviewed eight to nine months of his most recent medical records. Unfortunately, he and his family suffered greatly because of the company's refusal to pay his benefits.

"Evil mind" led to termination of man's benefits

During the ensuing lawsuit, a jury found that the man's disability insurance carrier, Country Life Insurance Company and C.C. Services, Inc. (both doing business as Country Financial), acted with an "evil mind" and a conscious disregard of the harm a denial would cause to the man and his family. It put its own profits ahead of its insureds. Because of the bad faith exhibited by the carrier, the jury awarded:

Past and future disability benefits that he was owed under his policy
Emotional distress and loss of quality of life because of their bad faith denial
$5 million in punitive damages -- punishment that aims to keep an insurer from doing this again to someone else

Sadly, this is not the first time in the past year that this insurance carrier misrepresented the facts of a claim. In a 2016 published opinion, the U.S. District of Arizona entered the most severe sanctions possible against Country Life by striking its answer in a disability insurance bad-faith lawsuit. In that case, Sell v. Country Life, the company and its legal representatives were found to have intentionally withheld and manipulated evidence to create a false narrative and escape culpability. That case was resolved without a trial.

Protecting the rights of workers throughout Arizona

This $6.5 million verdict is extremely important for the rights of insured workers and their families throughout Arizona and the rest of the country. It shows the worst that can happen when an insurance company acts in bad faith and terminates a legitimate disability claim. Hopefully, the outcome of the case sends a message to all disability insurance carriers that this type of behavior will not be tolerated in this state or across the nation.

Read more about this case and other success stories obtained by the law firm of Adelman German on behalf of their clients.

New fatality in rear-ended Jeep may show problem with recall

2017-09-08T20:00:00Z

In 2013, the National Highway Traffic Safety Administration agreed to a recall fix involving several older Jeep Liberty and Grand Cherokee models. According to safety advocates, that fix was insufficient. Now, a woman is dead after her Jeep Liberty caught fire after being rear-ended at an intersection.

NHTSA has linked over 50 deaths to an issue with the two Jeep models. The problem, the agency concluded, was that the fuel tanks were vulnerable to leaks after rear-end collisions because the tanks were mounted between the bumper and rear suspension of the vehicles. Fiat Chrysler, Jeep's parent company, claims there is no defect and that the vehicles meet all federal safety requirements.

]]> The 2013 recall involved 1.56 million vehicles. Those included Jeep Liberty SUVs from the model years 2002-2007 and Jeep Grand Cherokees from the model years 1993-1998. The recall fix was to install a trailer hitch to protect the vulnerable fuel tanks.

Even at the time, however, NHTSA did not believe the added trailer hitches would protect the gas tanks in serious accidents. When it closed the investigation in 2014, an internal memo concluded that the added hitch only provided "incremental safety benefits in certain low and moderate speed crash incidents" and would "not necessarily be effective in the most severe crashes."

It is too early to tell if the latest fatality could be considered among the "most severe crashes." According to Bloomberg News, the woman's Jeep Liberty was struck from behind while stopped at a traffic signal. Fuel from the Jeep caught fire, according to the local police department. Excessive speed is suspected but the investigation is too fresh for a conclusion.

The advocacy group Center for Auto Safety has been asking NHTSA to reopen its Jeep investigation since February 2016 or earlier.

"Here is what appears to be a tragic incident that highlights the exact problems we were concerned about 18 months ago," said the group's executive director. "Our fear then and our fear today remains to be that the fix is not sufficient."

If you or a loved one has been involved in an accident in which fuel from a Jeep caught fire, consider contacting an attorney to discuss your rights and options.

Will your insurance company deny your disability claim?

2017-08-30T13:00:00Z

Cancer, a heart condition, severe arthritis and mental health issues are some of the most common causes of career-ending disabilities. While some jobs can be performed with work condition modifications, the high-functioning business professionals cannot fall back on simple accommodations. Nor can they switch easily to a new line of work.

This is why many business owners, medical professionals and self-employed individuals purchase private disability insurance policies. In the event of a disability, a private policy is supposed to provide benefits if you are unable to perform the duties of your chosen profession. Unfortunately, many disability claims are denied.

]]> Disability claims are frequently denied

A quick Google search makes it appear as if insurance companies deny more disability claims than they approve. Just review a few court case examples filed within the three months:

Life Insurance Co. of North America denies man's claim for short-term disability benefits claiming he did not have sufficient medical records to back up his claim
Cigna Insurance Group denies woman's claims for short-term and long-term disability benefits after an award for temporary disability benefits despite medical proof that she is disabled from gainful employment
Principal Life Insurance Company denies Arizona man's long-term disability claim after providing short-term disability benefits for a chronic foot condition, which kept him from performing his work duties as a manager
Northwestern Mutual Life Insurance Co. denies man's disability claim for PTSD and other debilitating ailments after allegedly ignoring his own doctors' opinions
The Lincoln National Life Insurance Company denies woman's claim for benefits alleging that she is no longer disabled

A cursory online search reveals additional claims again Unum Life Insurance Co. of America, Aetna Life Insurance Co. and Prudential Insurance Co. of America that include allegations of failure to properly process claims and failure to provide full and fair claim reviews.

Don't take "no" for an answer

If your claim has been denied, you are not alone. Don't accept your insurance carrier's decision. Choose, instead, to fight back with the help of an experienced attorney.

Study: Many nurses lack crucial information about postpartum care

2017-08-26T19:30:00Z

A recent study published in MCN: The American Journal of Maternal/Child Nursing found that many American nurses -- even those with advanced degrees who specialize in maternal and infant care -- lack critical knowledge about postpartum complications. For example, nearly half were unaware that the maternal mortality rate in the U.S. has risen in recent years.

Over the past few months, ProPublica and NPR have been reporting on maternal and infant health. A number of mothers who nearly died reported that their doctors and nurses seemed slow to recognize potentially complications from childbirth. This study substantiated their reports.

]]> The U.S. maternal death rate is the highest among affluent nations. Some 700 to 900 mothers die each year from causes related to pregnancy and childbirth. Another 65,000 come close to dying, according to the Centers for Disease Control and Prevention. The problem is most common among African-Americans and women who live in rural areas, and nearly 60 percent of maternal deaths are preventable.

For the study, researchers surveyed 372 U.S. nurses who specialize in obstetrics and neonatal care. Nearly a third had master's degrees or doctorates. All were members of the leading professional organization of its type, the Association of Women's Health, Obstetric and Neonatal Nurses.

Beyond failing to recognize that maternal mortality is on the rise in the U.S., the nurses had significant gaps in their knowledge. Only 12 percent knew when most maternal deaths occur, which is in the days and weeks after the delivery. Only 24 percent knew that heart-related problems are the leading cause of maternal mortality in the United States.

Without knowledge of common complications and the symptoms to watch out for, these nurses are unable to educate new mothers on the risks they may face. Failure to inform mothers of common risks and their symptoms could be nursing malpractice.

Some symptoms mothers should watch out for because they may indicate serious or even life-threatening complications:

Profuse or uncontrolled bleeding
Shortness of breath or chest pain
Coughing up blood
Signs of shock
Fever
Severe, persistent or increasing pain in the abdomen, pelvis, vagina or perineum
Any worsening pain or soreness
Pain or burning while urinating, dark, bloody or scanty urine
Pain or tenderness in one area of the breast
Severe or persistent pain, tenderness and warmth in one area in the leg
One leg more swollen than the other
Severe of persistent headaches
Double vision, blurring, dimming vision or flashing spots
Severe or persistent vomiting
Inflammation at the IV insertion site
Extreme sadness or despair, or delusions about harming yourself or the baby

If you experience any of these symptoms or feel that you're getting worse instead of better, contact your doctor or call 911.

Will genetic sequencing lead to more denied insurance claims?

2017-08-22T22:00:00Z

If you think that DNA testing has revolutionized medical care and criminal identification, just wait to see what it may mean for your insurance coverage.

Genetic testing has advanced far beyond DNA tests that help identify biological fathers and criminals who leave evidence behind. You can order a test kit online and even find out the genetic makeup of your mixed-breed dog these days.

]]> Medical professionals routinely test genomic data to determine if family members carry the same genes as their mothers, fathers or siblings in order to proactively identify and prevent the onset of deadly diseases. There is no doubt that genetic testing has helped thousands of people prevent illnesses before they start. But, how far can and should testing go?

Genetic testing of healthy individuals

Earlier this summer, the results of a whole-genome sequencing study of healthy people were published. Indicators of rare diseases were found in 22 percent of the study participants, but only two participants had any true symptoms.

The researchers -- and others who debated the value of genetic tested -- grappled with a number of concerns that may arise as more healthy people are tested:

Will patients be unnecessarily frightened by what might happen in the future?
Will genetic discoveries lead to expensive and unwarranted medical tests?
Will testing results be used against patients in other aspects of their lives?

A law and genetics expert from Arizona State University immediately raised the concern that insurance companies may use genetic sequencing results as reasons to deny claims for benefits.

Another reason to deny long-term disability benefits

Fortunately, the Genetic Information Nondiscrimination Act of 2008 (GINA) prohibits health insurance companies from using genetics to make decisions about granting coverage. However, GINA does not keep life, disability, and long-term care insurers from using test results to deny benefits when their insureds submit claims. Some fear that the mere presence of a genetic mutation may -- one day soon -- be construed to be a pre-existing condition.

Several types of birth injury can be caused by medical errors

2017-08-15T15:00:00Z

You may be wondering what could have happened to cause your baby to develop a potentially disabling condition such as shoulder dystocia, Erb's palsy or cerebral palsy.

The more you know about birth injuries and their causes, the better your chance of getting an answer to that urgent question.

]]> Shoulder dystocia can happen when the baby's shoulders get stuck during delivery

When a baby is very large or the mother's pelvic opening is small, the baby's shoulders can become stuck. Depending on how the situation is handled, it can be quite serious. Improper delivery techniques can cause nerve damage to the shoulder, arm or hand, and even a broken collarbone or arm. Long term, it can cause tremors or even paralysis. A baby being stuck for too long can result in an oxygen shortage to the baby's brain.

When there are risk factors, it's extremely important for the delivery team to know how to handle the possibility if it arises. Inexperienced doctors and nurses may not know how to deliver the baby without causing trauma.

For example, the nurse may push on the mother's belly, which merely pushes the child's shoulder into the mother's pubic bone. Or, a doctor may pull on the child's head, which can cause injury to the child's brachial plexus region.

Erb's palsy can result from stretching or tearing of nerves

Another common birth injury that can occur with very large babies is Erb's palsy. Having a baby larger than nine pounds is a risk factor, as is maternal diabetes. First pregnancies are also at higher risk. Erb's palsy is entirely preventable, yet it can cause extremely serious harm.

If the child is too large for vaginal delivery but the delivery team moves forward anyway, they may accidentally stretch or tear the nerves between the baby's neck and arm. This brachial plexus injury may require multiple surgeries, or even result in total paralysis.

Cerebral palsy can be the result of oxygen deprivation or trauma

A set of neurological disorders permanently affecting bodily movement and muscular coordination is known as cerebral palsy, and it can be extremely debilitating. It is sometimes unpreventable, but often medical malpractice is to blame.

Over-sedation of the mother during delivery, obstructed delivery, the use of a vacuum extractor or forceps during delivery, or oxygen deprivation can be responsible for cerebral palsy. In particular, the baby's heart rate needs to be monitored for evidence of fetal distress. If that is detected and the child is lacking sufficient oxygen, an emergency C-section is called for. If the doctor fails to perform the appropriate monitoring or the emergency C-section, it may be medical malpractice.

Burglar causes damage but insurance company won't pay

2017-08-14T19:00:00Z

It was a nightmare. Burglars ransacked the home of a single dad and his five kids, who were all under the age of 12. Not only did they steal a lot of personal property, they left the tap running in the bathtub, flooding the family's house.

The homeowner filed a claim with his insurance company, Ameriprise Insurance, requesting $134,000 in repairs for the water damage. Despite providing evidence of his claim -- including a detailed police report of the burglary -- his claim was denied. In fact, Ameriprise, also known as IDS Property and Casualty Co., began investigating him for fraud within a week of the crime.

]]> To make a long story short, the father was forced to file a bad faith claim against Ameriprise in order to get his home fixed, pay for the 14 months he and his children had to live elsewhere and for cleaning up the mold issue that resulted from inadequate repairs. Four years later, a jury awarded the family $1.3 million: $900,000 was in a form of punishment against the insurance company for acting in bad faith and $200,000 for emotional distress suffered by the family.

Will your insurance company be there when you need it?

Unfortunately, this type of bad behavior by insurance companies happens all the time. You have been faithfully paying your premiums assuming that your carrier will protect you in the event of a loss. A denied life insurance claim can leave surviving family members without necessary finances. A denied long-term disability claim can mean you have no way to meet your financial obligations.

If your carrier has denied your insurance claim, learn about your legal options.

Professionals', athletes' long-term disability claims turned down

2017-08-01T17:00:00Z

When professionals, business owners and professional athletes try to make claims against their long-term disability insurance, they are often denied. Many are denied illegitimately and in bad faith. That's illegal.

Insurance companies spend millions on surveillance of potentially expensive claimants. They hire experts to prove that claimants aren't really disabled. They assert that claimants are required to get a job outside their field instead of making a claim on the long-term disability insurance they've paid for all these years -- even though the policy says they don't have to do that.

]]> If this is happening to you, you need an advocate. You need someone with experience disproving insurers' illegitimate claims so you can get the benefits you've paid for.

Long-term disability among attorneys, doctors, other professionals and athletes

Professional athletes have extremely physically demanding jobs with high injury rates. Disabling musculoskeletal and soft tissue injuries can end your career. Brain injuries are increasingly evident. Athletes are smart to get short- and long-term disability insurance, but their claims are often wrongfully denied.

Lawyers and CPAs can suffer a number of physical and mental conditions that negatively affect their ability to concentrate, multitask, or handle stress. All of these are covered by LTD insurance.

Physicians, nurses, dentists and other medical professionals often experience injuries to the back, shoulder, wrists and hands. These can temporarily or permanently end your ability to practice.

When business owners suffer a disabling injury or illness, reimbursement for diminished earnings and business overhead expenses may be provided in your LTD policy.

What is own occupation coverage?

"Own occupation" disability insurance, often referred to as "own occ" is meant to protect professionals with disabling conditions that render them unable to perform the functions of their occupation. It's supposed to keep disabled doctors, for example, from having to prove that they couldn't work a retail job before their disability claims can be paid.

All too often, insurance companies try to wriggle out of paying own occ claims by attempting either to redefine your occupation or the requirements of your occupation. For example, they may tell lawyers that the legal field includes all jobs for which a J.D. degree would be helpful. Or, they may claim that there is some obscure niche job in your field that you could handle despite your disability.

Don't let them. Your own occ long-term disability policy is meant to protect you from these absurd definitions and demands and to pay out when you are unable to perform the material duties of your own occupation.

If your LTD claim has been denied, we encourage you to contact an attorney who can protect your rights and advocate for the swift, full payment of your claim.

Compensation for serious injuries caused by falling objects

2017-07-14T13:07:00Z

Chances are that you or someone you know has been hurt in a fall or by a falling object. If you have been harmed in a fall or from something falling on you in a place of business, you may need to pursue a premises liability claim in order to receive compensation for your medical care, lost wages and pain and suffering.

Something as simple as a can of food in a grocery store or a trip in an unlit hallway in an apartment building can lead to serious injuries. A single falling object striking a person may results in cuts, bruises or fractures. A larger object can crush a person, cause lasting brain damage or death.

]]> Of particular concern in recent years has been catastrophic injuries caused by falling merchandise in warehouses and warehouse stores and on construction sites.

Collapsing structures

There are cases of shelves 20 feet high collapsing, and even causing a domino effect with adjacent shelving. When a forklift backs off a loading dock, there is a chance of multiple deaths.

The problem with construction sites is that the premises are often in a state of near chaos, as walkways are altered, roads are rerouted and safety zones are compromised by the task at hand.

Some falling accidents, like a hammer slipping from a worker's grip, are hard to prevent, even with safety nets and other devices.

The need for representation

It is to a business's advantage - and its customers' convenience - to have everything in one place. But without diligent organization and maintenance of stock areas and testing of them for strength, catastrophic accidents occur.

You and your family members may be entitled to compensation if an accident occurs that causes serious injuries. When negligence occurs and precautions fail, seek help recovering your losses.

Millions of cars could be affected by faulty fuel part, gas leaks

2017-07-13T15:00:00Z

The National Highway Traffic Safety Administration is investigating how many cars may be affected by a German company's faulty fuel tank flanges. The flanges have been shown to crack, letting fuel leak and risking fire. Audi and Porsche have already recalled some half a million vehicles due to the defect. Unfortunately, the parts supplier Continental Automotive GmbH supplied the flanges to General Motors, Ford, Fiat Chrysler, Jaguar-Land Rover, Lamborghini, Mercedes-Benz, McLaren and possibly Volvo, as well as other auto part suppliers.

Continental has filed papers, which were posted on Friday by NHTSA, indicating that the flanges might be defective. According to the company, the flanges are made of industry standard polymer and no fires have actually been reported. The company has not yet determined what causes the flanges to crack, but it seems likely environmental factors cause degradation.

]]> Causing some additional confusion is the fact that each automaker uses the flanges differently, and the part numbers vary. This is why the total number of affected vehicles is unclear.

NHTSA is now seeking information from other carmakers "in order to determine whether any additional vehicles may have the same defect as identified by VW and Porsche, and whether additional safety recalls are required by those identified companies."

According to a spokesperson for Continental, each automaker is responsible for determining if there is an issue and, if there is, issuing its own recall. "Our filing is signaling that basically there's a potential defect and here's who we sold it to," she commented.

Volkswagen, Porsche and Audi initiated recalls in September

Volkswagen, along with its brands Audi and Porsche, have instituted recalls that ran from September of last year to March 2017. None of the paperwork mentions an actual fire, but drivers have reported smelling gasoline.

Although that recall is technically over, drivers should still have their vehicles inspected for damage or cracks in the flange and have any defects repaired. A dealership may still be willing to do the work on a warranty or recall basis.

If you or someone you love has been injured in a car accident and you suspect a faulty auto part may have been responsible, we urge you to reach out to an attorney experienced in product liability law.