Minnesota Personal Injury Blog

Senator Delay, Senator Defend, And Senator Defend: Do The Job For Insurance Companies

Mike Bryant — Mon, 07 Dec 2009 23:17:14 GMT

We have talked about the insurance company strategy of Deny, Delay, Defend many times here at the Injurboard. A couple of companies have almost come right out and admitted that is their strategy. Say no. Some people will go away. Say you need more time. Some people will die or give up. Say Hell No! Some people will not have the resources or the help to fight. It is the way to push the unrepresented around.

Well should we be surprised the tactic is at the heart of what the Republicans are doing in the Senate with the Heath Care Bill? How do we know? They told us.

Here is the whole letter and supporting documents.

If you think maybe they are doing what's right for the consumer. Keep in mind, many of these same Senators had the chance to do something about health care in the past. They didn't. Just like insurance companies could pay the bills they are responsible for.

Originally posted at InjuryBoard by Mike Bryant

Where Do The Doctors Go?

Mike Bryant — Mon, 07 Dec 2009 09:56:00 GMT

There has been an going mantra from fans of tort reform that the main reason you need medical malpractice change is that doctors are quitting and fleeing states because of premiums. Many of the writers here at the Injuryboard have looked at this issue. There really doesn't seem to be support for the claim.

But, there are areas that are seeing reduced numbers of doctors. The question is why? A special report may have found some of them. The report found:

Doctors have been flocking to the area and surrounding Westchester County since the 1970s, drawn in part by an upper-class clientèle who demand top-notch medical care and have the means to pay for it.

The answer was that money is what drove doctors to an area. Is that why Texas , with it's high medical costs, is seeing more doctors in the area? As TortDeform recently pointed out:

Ask a doctor if they’d rather practice in White Plains, where everyone has health insurance and the doctor risks being sued, or if they’d rather practice in the California central valley (or any other poor, uninsured area) and be completely immune to malpractice lawsuits. Most doctors are going to pick White Plains because money matters.

It's time that we get beyond the myths and into what, not only makes sense, but also is the reality of what is going on. Minnesota doesn't have damage caps and it has medical facilities continuing to sprout up all over.

Originally posted at InjuryBoard by Mike Bryant

I-94 Head On Collision Sends Two To The Hospital

Mike Bryant — Sun, 06 Dec 2009 22:46:00 GMT

Saturday night, a Toyota Tundra hit a Toyota Sienna sending a mother and her son to the hospital. The Tundra was driving wrong way on a ramp from I-94 at 49th Avenue. Five other children were also injured in the van with the hospitalized pair. Investigation continues, but it is suggested that alcohol played a role.

If you are in an accident, make sure to get the names of anyone who indicates they saw what happened. If you witness an accident, check to see if everyone is OK and stay around or at least give the drivers your contact information. If you are injured, seek the advice of an attorney who does that kind of work and who can explain your coverages and rights.

Originally posted at InjuryBoard by Mike Bryant

Heath Insurance Coverage Shouldn't Be A Deterrent To Rape Reports

Mike Bryant — Sun, 06 Dec 2009 19:51:00 GMT

Interesting series in the Huffington Post last week, which looked into the issue of what happens to women who make certain kinds of medical claims. Spotlighted were the cases of women who, after being raped, needed to go through courses of HIV protection measures or who needed post-traumatic care.

Imagine even having to consider whether to report the brutality of being raped because you might later be denied for a preexisting condition. This is just an almost unthinkable deterrent.

It is the quandary that so many insurance companies profit from. The reason for the ongoing fairy tail that there is a litigation explosion out there. They profit from getting as many people as possible to buy more and more coverage. You never know when you will be sued, get sick, suffer a loss. Alternatively, they scare the heck out of people from ever using their coverage. Rates will go up, I will be denied, and I won't be able to get future care.

Just another reason why the health care debate needs to be about the consumer. That real issues , involving real people have to be at the center of any debate. This is not a time for profits over people. It is also most likely the reason why, just like in auto claims, the insurance companies have gone to the old Delay, Deny, and Defend policy.

Originally posted at InjuryBoard by Mike Bryant

The Senate Health Care Debate Continues To Be About Money Instead Of Consumers

Mike Bryant — Sun, 06 Dec 2009 17:05:22 GMT

I've written a number of times about what the issues should be at the heart of the health care debate: making sure more people have insurance, helping businesses that are being crushed by insurance costs, and most importantly, making sure we have good care. Of course, to do these things we have to talk about how to pay for them. But, I've been watching the debate for a week now, and continue to see opposition speakers get up and ignore the consumer. You can't be surprised, considering so many of them have been there for a long time and for the most part never even brought up the health care issue.

Instead it has been a stream of classic Bush/Rove attacks against the lawyers. Today, Sen. Ensign offered an amendment which would limit contingency fees in medical malpractice lawsuits to 33% of the first $150,000 of the total amount recovered by judgment or settlement, and 25% of any amount recovered in excess of the first $150,000 recovered by such judgment or settlement. The amendment also calls for the periodic payment of successful judgments.

Who does this bill help? Less people would be able to bring meritorious claims and the liability insurance companies would save money. Bad doctors could keep making money or at least feel safer in their malpractice work. The defense could spend all the money they want and delay more claims. And when a jury says they are supposed to pay, they get more time and a payment plan to do it. How does this make sense to anyone?

This idea doesn't even directly save the system money. The proponents argue indirect savings, but every such argument has been shown to be inaccurate:

Saving through the reduction of defensive medicine:

Tort Reformers Ask: "What? You asked for an X-ray!" Bah! Humbug!,Steve Lombardi, October 19, 2009 10:14 AM

Saving of reduced junk law suits:

I sn't Tort Reform Only About Frivolous Cases?, Wayne Parsons , October 25, 2009 2:08 PM

Savings through better care:

Health care Reform Must Put Patients First Because Medical Errors Happen All Too Often, Christopher Nace, November 16, 2009 10:00 AM

The shining example of Texas:

Straight Talk on Tort Reform from Texas, Bret Hanna , November 23, 2009 11:20 PM

The contingent fee system is only way that many Americans have any chance of being allowed the "key to the courtroom." People who have already suffered an injury, have medical bills and no income can only fight when they have the backing and support to do so. It is a protection that helps fulfill the basics of the 7th Amendments and protects vital consumer protections.

93,000 people die each year from medical errors. This amendment does nothing to make things safer. It does nothing to insure people have a remedy when wronged. Most of all it does nothing to deal with the real issues of the health care debate.

When the amendment comes up this afternoon, it needs to be stopped.

Originally posted at InjuryBoard by Mike Bryant

Weather, Speed, And Holiday Cheer: Time To Be Extra Safe On The Roads

Mike Bryant — Sun, 06 Dec 2009 10:26:41 GMT

The first week in December has again seen an increase in highway deaths. Hopefully, this isn't a sign of what is coming for the rest of the month. It is important with so many people rushing around and holiday parties starting up, that we all keep a little better look out.

Saturday night, a truck went the wrong way on the 49th Ave. Ramp on I-94 and hit a mini van head on. A passenger in the van lost her eight month old unborn child. She and her 10 year-old son are in critical condition, and four other children, ages three to nine, were also hurt. The truck driver is suspected of being drunk according to the Minnesota Sate Patrol.
Friday afternoon, a 23-year-old Watkins man died when his 1996 Saturn was hit by a 1995 Jeep Cherokee in Meeker county. The jeep failed to yield at 642nd Avenue and 365th Street in Forrest Prairie Township, according to the Meeker County Sheriff’s Office.
Thursday afternoon, A pickup truck and sedan collided at the intersection of County Road 45 and County Road 9 in Farden Township , according to the Hubbard County Sheriff's Office. The driver of the pickup truck and a passenger in the car were each ejected. Both were pronounced dead on the scene. The Hubbard County Sheriff's Office is still investigating the accident.
Tuesday afternoon, a 78 year old Roseville woman died in a seven car chain-reaction crash on County Road C at Snelling Avenue. Six eastbound vehicles were at a red light on County Road C when a westbound minivan hit the woman's vehicle at high speed, pushing it into the next vehicle and so on, the Roseville police said.

The 2009 numbers have continued to drop. Weeks like this still cause concern. With the holidays and winter type conditions, hopefully people will be careful. More will be found out over the coming weeks as to the causes of each of these collisions, so it's to early to tell if the common causes of speed and alcohol were involved in any of the incidents. In all of these cases sorrow for the families of those involved goes out.

As with any death in a Minnesota motor vehicle collision, there are many issues that will need to be reviewed. My partner, Joe Crumley, addressed this topic in a recent article for the Minnesota Lawyers Trial magazine. I was interviewed on the same topic.

Originally posted at InjuryBoard by Mike Bryant

Gift Cards... Buyer Beware.

Mike Bryant — Sat, 05 Dec 2009 09:15:00 GMT

Representative Joe Atkins recently passed along advice following his legislation concerning gift cards.

According to the National Retail Federation, gift cards are going to be this year's most popular holiday gift. For consumers who purchase gift cards with hidden fees or
expiration dates, however, they could again be this year's biggest
holiday rip-off.

In Minnesota, a two-year-old state law has offered some important
protections to Minnesota consumers by prohibiting expiration dates and
fees on gift cards. But the law only goes so far. To get their money's
worth, holiday shoppers in Minnesota should:

1. Avoid bank cards and cards issued by credit card companies, which
are subject to federal law and still have fees and expiration dates

2. Look closely at the card - even though it may look like it comes
directly from the retailer, the small print may reveal it is a bank card
with fees and an expiration date

3. Avoid cards where you can see the number on the card before
purchasing it - these cards are popular with cyber-thieves who use the
number to make online purchases without having to buy the card

Gift cards are great. But rather than being the gift that keeps on
giving, they can often be the gift that keeps on taking. Expiration
dates and fees erode the value of the cards, sometimes leaving the
recipient with nothing. That’s why I worked with retailers to pass
Minnesota's law. But consumers still need to be careful about what sort
of gift cards they purchase.

Originally posted at InjuryBoard by Mike Bryant

Roundabouts:Mendota Heights To Get One

Mike Bryant — Fri, 04 Dec 2009 17:22:00 GMT

Internationally, roundabouts are a common road configuration. As time has passed, they have increasingly become an option in the United States as an attempt to slow traffic and utilize limited road space. Recently, more of them are showing up in Minnesota. Recently, the Mendota Heights City Council approved a roundabout at Visitation Drive and Mendota Heights Road, the intersection closest to Convent of the Visitation School.

Last week, I happened to drive on the couple out near Hutchinson. They look good and once people get the hang of them, they should meet their goals. Federal studies have shown that roundabouts drop the number of overall crashes by 35 percent and the number of injury crashes by 76 percent.

Hopefully as more people use it we will all see the benefits. With more roundabouts coming to the surrounding counties it will be something that more Minnesotans will need to get used to. The New York Transportation Department has posted a number of very helpful animations as to how to best use these changes. Simply getting used to slowing down should help, as reaction times will be longer and most impacts should be less severe.

Originally posted at InjuryBoard by Mike Bryant

Hybrid Cars Are They Too Quiet?

Mike Bryant — Fri, 04 Dec 2009 09:28:00 GMT

I've had the chance to ride in a couple of Hybrids as of late. They seem like nice rides and they get great gas mileage and I like so many said "Man, they are quiet". OK, maybe not everyone said it that way, but it was at least the same idea.

But, are the cars too quiet? The silence for a pedestrian could be deadly, As a result, human factors/ergonomics researchers recently went to work on a study to examine participants' preferences for sounds that could be added to quiet vehicles to make them easier to detect. The National Federation for the Blind recently called for all cars to, at a minimum, emit a constant sound.

It's important to think about the old, young, and those who depend upon sound to navigate the world. Quiet cars don't do that. The U.S. Congress has considered the Pedestrian Safety Enhancement Act of 2008, which would require the Secretary of Transportation to study and implement regulations for hybrid, electric, and other silent-engine vehicles to emit non visual alerts for pedestrians. Hopefully, more protections will come from looking at this issue.

Originally posted at InjuryBoard by Mike Bryant

Government Contractor's Rape Case Exposes Senators

Mike Bryant — Thu, 03 Dec 2009 09:19:00 GMT

It was nice to see recently elected and finally seated Minnesota Senator Al Franken get his first amendment passed last month. Unfortunately, it was about a very weighty topic. The amendment to the 2010 Department of Defense Appropriations Act prohibiting the government from contracting with companies who require their employees to agree to resolve certain claims, such as sexual assault, through arbitration. The amendment arises from the testimony of Jamie Leigh Jones that she was drugged and gang raped by her co-workers while working for a contractor in Iraq. When she reported the rape to her supervisor, she was locked in a metal shipping crate. She only got out of Iraq by calling her father, who got in touch with their local Congressman in Texas. When she attempted to sue her employer KBR, Inc., a subsidiary of Haliburton, she was told that she had to resolve her claim through arbitration in accordance with her employment contract. Mr. Franken's amendment was to ensure that the government does not do business with a company who would force its employees to arbitrate such a case as rape.

The bill passed but it was voted against by 30 Republican Senators. The Daily show did a good job of calling the 30 out and pointing out their hypocrisy.

http://www.thedailyshow.com/watch/wed-october-14-2009/rape-nuts

After watching this, spend a little time thinking about why these 30 voted as they did. Who are they protecting and who's side are they on? This week, this same group has been leading the floor fight against the Health Care Bill. They have been calling lawyers names, they have been calling for damage caps, and they have claimed that the change isn't for the best. Ask again who's side they are on? It's never been the consumer.

Originally posted at InjuryBoard by Mike Bryant