Mississippi Personal Injury Blog - Miscellaneous

Outrageous hospital billings.

Gerry McGill — Wed, 02 Dec 2009 17:37:29 GMT

Ever wonder why hospital bills are so high? Consider these: Patient Jim Bujalski complained to St. Anthony's Hospital in Littleton, CO, about the cost of his prescription Plavix and Crestor tablets, which he was forced to "buy" while hospitalized. He could not use his own medications beause the Hospital only "administers drugs under its own control". The Plavix was $248 each, (he pays $8 at home) and his Crestor was $65($3 at home). That's a mark-up 31 times for Plavix and 21 and 2/3 for Crestor. The medications were part of his $58,000, one-day hospital stay.

Further, Medical Billing Advocates of America, a private firm that patients can hire to help consumers sort through their medical bill for errors, over-billing or outright fraud, has reported patients bills that contain a $2 box of tissues billed as a "mucus recovery system" for $12, a piece of gauze used to wipe down surgical equipment billed as a "fog eliination device" for $57, and a Teddy Bear billed as a "cough support device" for $57.

Medical Billing Advocates of Florida estimates that as many as 80% of all medical bills contain billing errors of some type but a spokesman for Humana, a health insurance company that receives about 6 million claims a month says that 90% of the bills do not contain errors. Assuming that neither advocacy group is totally correct and the difference is somewhere in between, there are certainly many, many errors made. Call me a cynic, but I can't help but believe that the number of overbillings greatly exceed errors in the patients' favor.

Originally posted at InjuryBoard by Gerry McGill

IDA's main danger is flooding.

Gerry McGill — Tue, 10 Nov 2009 12:24:02 GMT

"Nothing is so exhilarating as to be shot at and missed!" Winston Churchill cabled back to England when he was a war correspondent covering the Boer war. The same could be said for hurricanes. Thanks to the late date, resultling in cooler Gulf waters, and upper wind shear, the winds were much less than they could have been. However, as with most tropical storms and depressions, most of the damage is done by flooding,often miles inland from the coast. Unfortunately some homeowners are going to suffer flooding and find that their Homeowners Insurance does not cover flooding even when that flooding is caused by a named windstorm. I have posted earlier blogs on this site as to how to obtain low cost flood insurance through the National Flood Insurance Program (NFIP) which is a government funded policy. If you suffered flooding, or even if you escaped this time, I urge you to look into obtaining flood insurance. History has shown that flooding occurs anytime throughout the year, not just during Hurricane season or near the Gulf Coast.

Originally posted at InjuryBoard by Gerry McGill

Escaped pet python strangles 2-year-old

Gerry McGill — Thu, 02 Jul 2009 13:39:07 GMT

It's the thing of nightmares or horror movies. A 12-foot pet Burmese python excaped from a terrarium and strangled a two year old girl in her bedroom Wednesday in a central Florida home. The snake belonged to the mothers boyfriend. He discovered the snake missing from the terrarium and went to the little girl's bedroom where he found the snake wrapped around the girl and bite marks on the girl's head. He stabbed the snake several times until he was able to pry the snake away.

A caller from the house screamed to the 911 operator: "The baby's dead! Our stupid snake got out in the middle of the night and strangled the baby." When the paramedics arrived about 10:00 a.m. the baby was already dead. Authorities removed the snake, still alive, from the home Wednesday afternoon.

The Humane Society of the United States said including this death, at least 12 people have been killed in the U.S. by pet pythons since 1980, including five children. This situation is only going to get worse. Scientists estimate that at least 150,000 Burmese pythons exist in the Florida Everglades. These snakes are not native to Florida but they easily survive in the state and can reach a length of 26 feet and weigh more than 200 pounds. At least one is known to have killed a large alligator and then burst when it tried to swallow the alligator.

What is really frightening is that these Burmese pythons are capable of surviving and reproducing in at least 12 southern states including Mississippi.

Originally posted at InjuryBoard by Gerry McGill

Advantages of contingent fees in injury cases

Gerry McGill — Wed, 24 Jun 2009 16:19:39 GMT

One of the true advantages to the plaintiff is that a contingent fee contract is a no-risk proposition for the plaintiff in that if no recovery is made they owe no fees and in most cases no costs to their attorneys. In addition, a contingent fee contract has often been described as the keys to the courthouse. In reality, only the most wealthy of plaintiffs could afford to pay a plaintiff's attorney an hourly rate plus advance all costs to be expended in a case against a major corporation.

Another advantage of the contingent fee contract is that in cases where the injuries or damages are significant enough, very competent and reputable attorneys are willing to invest the time and money necessary to do a free evaluation of the case for their potential clients. Since most contingent fee attorneys will only proceed with a case they feel has merit, they should make the evaluation as timely as possible and in the event that they do not feel that they could represent the client they should inform the client of that fact in sufficient time that the client would have time to consult with another attorney or law firm. It is not uncommon that a case is turned down by one attorney or law firm and accepted and successfully handled by another firm.

Finally, one of the major advantages to plaintiffs is that the contingent fee system encourages the plaintiff's attorneys to be efficient and to resolve the case as soon as possible. Since the attorney does not receive any fee nor any reimbursement of what may be significant costs advanced until the case is successfully concluded, the contingent fee encourages the attorney to work to settle the case as soon as possible. In contrast, most defense attorneys for large corporations and insurance companies are paid on an hourly basis. Obviously, there is no great incentive for these attorneys to conclude the case in an expeditious manner and hourly fee arrangements can encourage delay, inefficiency and unnecessary legal tactics.

Originally posted at InjuryBoard by Gerry McGill

How to hire an injury lawyer in Mississippi

Gerry McGill — Fri, 19 Jun 2009 12:00:00 GMT

I have written in an earlier blog that virtually all lawyers handle injury and death cases on a contingent fee basis which means that the fee charged is a percentage of the client's recovery. Although some lawyers charge 1/3, most ask for 40%. However, in Mississippi lawyers can charge as much as 50%! Fees in Mississippi are regulated by Rule 1.5 of the Mississippi Rules of Professional Conduct.Mississippi Rules of Professional Conduct. Rule 1.5(a) provides that: "A lawyer's fee shall be reasonable" and then lists eight factors to be considered in determining the reasonableness of a fee.

Rule 1.5(c) provides in part that: "A contingent fee agreement shall be in writing and shall state the method by which the fee is to be determined, including the percentage or percentages that shall accrue to the lawyer in the event of settlement, trial or appeal, litigation and other expenses to be deducted from the recovery, and whether such expenses are to be deducted before or after the contingent fee is calculated."

Unfortunately, nowhere in the Rules is any requirement that a lawyer tell a prospective client that both contingent fee percentages and whether expenses are deducted before or after the contingent fee is calculated are negotiable.

Let's take a worst case example for the client. You hire a lawyer in a serious case and agree to a 50% attorney fee with the costs to be deducted after the contingent fee is calculated. Over the course of the case the lawyer advances $50,000.00 in costs for depositions, expert witness fees, and medical expert fees. If the case is settled or there is a jury verdict for $250,000.00, the lawyer takes $125,000.00 as his fee leaving the client with a gross recovery of $125,000.00. However the lawyer then recovers his $50,000.00 in costs leaving the client with a net recovery of $75,000.00. Most lawyers would not do this, but the Rule allows this.

Let's take a more likely example using the same settlement figure and costs. In this case the lawyer charges a 40% fee with costs to be deducted before the contingent fee is calculated. When the $50,000.00 costs are deducted from the total recovery of $250,000.00 there is a gross recovery of $200,000.00. Now the 40% attorney fee is $80,000.00 and the client's recovery is $120,000.00.

What's the moral of this story? Be sure you discuss the terms of any contingent fee with the attorney before signing any contract. In fact, if you have been seriously injured due to someone else's negligence, you should probably talk with several attorneys before deciding which one should handle your case.

Originally posted at InjuryBoard by Gerry McGill

June is boating safety month at Injury Board

Gerry McGill — Tue, 02 Jun 2009 13:57:48 GMT

June is boating safety month at Injury Board but for those of us who own or use small boats, every month should be boating safety month. I have earlier blogged on the dangers of improper anchoring, overloaded boats, improper or careless operation and the fact that your overturned boat is your best lifejacket. But by far the most important blog was about the need for wearing life jackets particularly when the weather turns bad. The U.S. Coast Guard believes that 80% of boat overturning drowning deaths could be prevented by wearing lifejackets.

In order to be most effective, life jackets should properly maintained and equipped. They should be inspected at least at the start of every boating season. Those with frayed or rotted straps and fasteners should be discarded. If you plan to carry children onboard you should provide size appropriate life jackets. All lifejackets should have a waterproof flashlight and a whistle attached them. This will greatly help rescue efforts at night or in the fog. In addition, when I was in the Coast Guard I recommended attaching a folded black, heavy duty leaf or trash bag to the life jacket. Once you are in the water, you should pull the bag up over your legs and tie it off at the waist. This will help stave off hypothermia as your body heat which is given off will warm the water in the bag. Don't worry about swimming in a life jacket as it's not practical and rapidly burns calories which you will need for survival.

Finally if you would like a free courtesy boat and equipment inspection contact your local Coast Guard Auxillary or Power Squadron.

Originally posted at InjuryBoard by Gerry McGill

A thought for Memorial Day

Gerry McGill — Mon, 25 May 2009 13:35:20 GMT

"A veteran is someone who, at one point in his (or her) life, wrote a blank check made payable to the 'United States of America' for an amount 'up to and including my life'. That is honor, and there are way too many people in the Country who do not understand it." Author unknown.

If you can read this, thank a teacher. If you can read this in English, not German or Japanese, thank a veteran.

Originally posted at InjuryBoard by Gerry McGill

Five killed, nine seriously injured in Florida Boat Crash

Gerry McGill — Tue, 14 Apr 2009 18:23:24 GMT

Five persons were killed and nine others were seriously injured when a 22 foot Crownline boat rammed a docked tugboat in the Intracoastal Waterway near St. Augustine, Florida about 6:30 p.m. Sunday, April 12, 2009. Investigators with the Florida Fish and Wildlife Conservation Commission (which includes what was formerly the Marine Patrol) said the 22 foot boat was heading north when it hit the starboard side of the 25 foot tug which was tied to a dock with no one onboard.

Reporters were not permitted to view the accident scene. Many of their questions remained unanswered "pending investigation". Among others: Why were so many people packed on such a small boat? How fast were the going? And, were lights required and were there any lights on either vessel?

Lt. Steve Zukowsky of the Commission's Division of Law Enforcement said: "It's always tragic when you have fatalities. But we're going to do our due diligence. This is a possible crime scene."

Originally posted at InjuryBoard by Gerry McGill

Man Drowns After Boat Capsizes Off Panama City, Florida

Gerry McGill — Mon, 30 Mar 2009 10:56:00 GMT

The Florida Fish and Wildlife Conservation Commission reported that a man drowned over the weekend off of Panama City, Florida as rough weather pounded the Florida Panhandle. The victim was identified as 55 year-old Morris Miller of Tallahassee. Miller and 33 year-old Archie White were in a 21 foot boat that capsized Saturday afternoon. White was able to swim to nearby Shell Island but Miller's body was found by rescue workers around 6 p.m. Saturday.

Despite the fact that a National Weather Service "high surf advisory" warning of rip currents and high winds was in effect at the time, NEITHER MAN WAS WEARING A LIFE JACKET. The Florida Fish and Wildlife Conservation Commission on it's website : myfwc.com recommends operators and passengers wear life jackets all the time while underway, noting that "The U.S. Coast Guard estimates that life jackets could have saved the lives of over 80% of boating fatality victims". That certainly seems to be the case here.

Originally posted at InjuryBoard by Gerry McGill

Report Issued: Improper anchoring caused boat to capsize in Gulf

Gerry McGill — Sat, 28 Mar 2009 12:06:23 GMT

The Florida Fish and Wildlife Conservation Commission has released a report concluding that a deadly boating accident that took the lives of two NFL players and another friend was caused by improper anchoring and also cited carelessness and operator inexperience. The combination of errors occurred as a storm front was moving in, making the seas very rough.

In an in-depth interview with Nick Schuyler, the sole survivor, he stated that early in the morning of February 28, 2009 the four men departed from Clearwater Pass near Tampa, Florida to go offshore fishing for amberjack. They went more than 50 miles offshore in NFL player Marquis Cooper's 21 foot boat. About 5:30 p.m. they tried to pull up the anchor but it was stuck. One of the men suggested that they tie the anchor to the transom at the stern of the boat and surge forward to try to loosen it. When they tried to surge forward the vessel became submerged and capsized, throwing the men overboard. The four men tried to upright the boat but were unsuccessful. Schuyler was rescued two days later clinging to the motor of the capsized boat but the other three men have not been found. The three missing men were wearing lifejackets but became separated from the boat.

The Coast Guard searched extensively with vessels and planes but called off the search after three days because the water temperature was cold enough that anyone in the water would have succumbed to hypothermia.

This tragedy illustrates several safety considerations. First, particularly when you are far out in the Gulf keep a very close watch on the weather and sea conditions as they can change very quickly. Second, have a radio to monitor the weather channels. Third, never try to break an anchor line loose in bad weather by securing it to the stern because surging forward will cause the stern to go down as it apparently did in this case. Finally, if you can't get the anchor up and the weather and seas are getting bad, cut the anchor line. Boat anchors are not that expensive, certainly not at the risk of losing your boat or your life.

Originally posted at InjuryBoard by Gerry McGill