Injuryboard Commentary - Insurance

Winter Brings Tough Driving To Southern Minnesota

Mike Bryant — Tue, 08 Dec 2009 23:47:47 GMT

A real winter reminder is giving us very tough driving all over Southern to Central Minnesota. The Minnesota Department of Transportation has a winter-storm warning today through Wednesday for the Twin Cities and much of east-central Minnesota. A Blizzard Warning has been extended to the counties just south of the Twin Cities and south central and southeast Minnesota along the I-90 corridor. Tuesday afternoon, the Minnesota State Patrol had logged 186 accidents in the metro area alone.

Winter road tips from DPS and MnDOT include:

Always use seat belts.
Accelerate and decelerate slowly on icy/snow-covered roads to retain traction and avoid skids.
Do not use cruise control.
Do not “power up” hills, which may cause wheels to spin. Build momentum before reaching a hill and don’t stop while traveling uphill. Reduce speed before going downhill.
Know your brakes. Keep the heel of your foot on the floor and use the ball of the foot to apply firm, steady pressure on the brake pedal.
Give yourself plenty of travel time. Don’t put your schedule before safety.
Clear snow and ice from vehicle windows, hood, headlights, brake lights and directional signals.
Headlights must be turned on when it is snowing or sleeting.

Most police officers asked say the key is usually to Just Slow Down.

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

Are Malpractice Claims Running Doctors Out of Business?

Mike Ferrara — Tue, 08 Dec 2009 21:06:14 GMT

In an effort to cap or otherwise limit malpractice claims across the country, tort reformers tell us again and again how the high cost of malpractice insurance is running doctors out of business. They’re scarcely scraping by, we hear, and tort reform is the only answer.

There are a number of reasons why this is bogus (check out our Cherry Hill blog for more info), but here is the latest from Forbes Magazine’s Top 25 Paying Jobs in the US. The salaries speak for themselves.

No. 1 Surgeons

Average Annual Pay: $206,770

One-Year Change: +8.0%

Employees in Field: 47,070

Best-Paying State: Wisconsin

The Job: Treat diseases, injuries and deformities by invasive methods, such as manual manipulation or by using instruments and appliances

No. 2 Anesthesiologists

Average Annual Pay: $197,570

One-Year Change: +2.5%

Employees in Field: 34,230

Best-Paying State: Kentucky

The Job: Administer anesthetics during surgery or other medical procedures.

No. 3 Orthodontists

Average Annual Pay: $194,930

One-Year Change: +5.2%

Employees in Field: 5,500

Best-Paying State: New Hampshire

The Job: Examine, diagnose and treat dental malocclusions and oral cavity anomalies. Design and fabricate appliances to realign teeth and jaws.

No. 4 Obstetrician and Gynecologists

Average Annual Pay: $192,780

One-Year Change: +5.0%

Employees in Field: 19,750

Best-Paying State: Wisconsin

The Job: Diagnose, treat and help prevent diseases of women, especially those affecting the reproductive system and the process of childbirth.

No. 5 Oral and Maxillofacial Surgeons

Average Annual Pay: $190,420

One-Year Change: +6.7%

Employees in Field: 4,760

Best-Paying State: Michigan

The Job: Perform surgery on mouths and jaws.

No. 6 Internists, General

Average Annual Pay: $176,740

One-Year Change: +5.7%

Employees in Field: 46,980

Best-Paying State: Wisconsin

The Job: Diagnose and provide nonsurgical treatment of diseases and injuries of in

No. 7 Prosthodontists

Average Annual Pay: $169,810

One-Year Change: +0.3

Employees in Field: 370

Best-Paying State: New Jersey

The Job: Construct oral prostheses to replace missing teeth and other oral structures.

No. 8 Physicians and Surgeons, All Other

Average Annual Pay: $165,000

One-Year Change: +6.3%

Employees in Field: 26,850

Best-Paying State: Minnesota

The Job: All physicians and surgeons outside of the main specialties.

No. 9 Family and General Practitioners

Average Annual Pay: $161,490

One-Year Change: +5.1%

Employees in Field: 106,210

Best-Paying State: Wisconsin

The Job: Diagnose, treat and help prevent diseases and injuries that commonly occur in the general population.

No. 10 Chief Executives

Average Annual Pay: $160,440

One-Year Change: +6.0%

Employees in Field: 301,930

Best-Paying State: New Jersey

The Job: Determine and formulate policies and provide the overall direction of companies or private- and public-sector organizations within the guidelines set up by a board of directors.

No. 11 Dentists, General

Average Annual Pay: $154,270

One-Year Change: +4.9%

Employees in Field: 85,910

Best-Paying State: Alaska

The Job: Diagnose and treat diseases, injuries and malformations of teeth and gums and related oral structures.

No. 12 Psychiatrists

Average Annual Pay: $154,050

One-Year Change: +4.4%

Employees in Field: 22,140

Best-Paying State: Nevada

The Job: Diagnose, treat and help prevent disorders of the mind.

No. 13 Pediatricians, General

Average Annual Pay: $153,370

One-Year Change: +5.6%

Employees in Field: 29,170

Best-Paying State: Kentucky

The Job: Diagnose, treat and help prevent children's diseases and injuries.

No. 14 Dentists, All Other Specialists

Average Annual Pay: $142,070

One-Year Change: +18.0%

Employees in Field: 4,770

Best-Paying State: Oregon

The Job: Specialist dentists excluding oral and maxillofacial surgeons, orthodontists and prosthodontists.

No. 15 Podiatrists

Average Annual Pay: $125,760

One-Year Change: +5.0%

Employees in Field: 9,670

Best-Paying State: Idaho

The Job: Diagnose and treat diseases and deformities of the human foot.

Originally posted at InjuryBoard by Mike Ferrara

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

Injury severity has the most effect on workers' compensation payouts, not attorney fees

Doug Landau — Mon, 07 Dec 2009 01:27:00 GMT

The severity of injury and level of impairment -- not the workers' legal fees -- have the most effect on payout for workers' compensation claims among Illinois construction workers, researchers at the University of Illinois at Chicago School of Public Health have found. The research is published in the November issue of the Journal of Occupational and Environmental Medicine. journals.lww.com/joem/pages/default.aspx

The study uses workers' compensation data to quantify the actual amount of money spent on claims. The researchers identified specific factors associated with cost, such as age at the time of accident, weekly wage, fatality, attorney representation, number of body parts injured, and the severity of injury. Demographic data was also obtained for workers filing claims, including sex, marital status, number of dependents, and place of the accident.

The study evaluated 19,734 claims filed with the Illinois Workers' Compensation Commission between 2000 and 2005. Such claims are filed when an employee and employer are unable to resolve compensation for an injury independently. There were 1.21 construction claims per 100 Illinois construction workers. The study also found that those injured workers who had a lawyer helping them received more in compensation than those representing themselves, after controlling for all other variables. "The discussion that workers retaining attorneys are driving up costs always surprises me," said Lee Friedman, assistant research professor of environmental and occupational health sciences at UIC and lead author of the study.. "There has never been a discussion about employers retaining attorneys, which they almost always do. The discourse has always been one-sided." Indeed, the amounts an insurance company or employer can pay its lawyers is not reviewed by the Workers Compensation Commission in any state Herndon injury lawyer Doug Landau practices in and there is no limit to what these large firm lawyers can charge to defeat an injured worker or their family's claims. This disparity in the law is almost never discussed in the press. What is worse, says Landau, is that the insurance lawyers are paid, "win, lose or draw" on an hourly basis, unlike the disabled workers lawyer, who is usually paid on a contingent fee basis, "which means they are only paid for their efforts if they win or are otherwise successful on their clients' behalf." The insurance defense lawyers have little incentive to resolve the issues quickly and the more hours they bill, the more money they make for their law firms and themselves. this is one of the reasons that Virginia should enact laws to counter bad faith workers compensation claims handling and delay tactics. If you or someone you know has been injured in an on the job accident, e-mail us at ABRAMS LANDAU, Ltd., or call 703-796-9555 today.

Originally posted at InjuryBoard by Doug Landau

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.

Originally posted at InjuryBoard by Mike Bryant

Employers who hire day laborers still responsible for workers comp benefits

Doug Landau — Sun, 06 Dec 2009 21:15:21 GMT

Employers who hire day laborers, undocumented workers and cash only laborers still responsible for workers comp benefits, according to workplace injury lawyer Doug Landau of ABRAMS LANDAU, Ltd. In a decision in favor of Landau's client handed down by the Workers Compensation Commission, the worker's medical bills (without any deductibles), temporary total disability, out of pocket expenses for his prescription medications, travel to see his health care providers and permanent injury were all ordered to be paid by the insurance company.

FACTS: The worker was picked up at the Herndon 7-11, since, in their infinite wisdom, the Town Council closed the Herndon Day Labor Site and brought those seeking employment back to Elden Street where everyone who visits the "Historic" Town can see them every morning lining the roadway. The construction company owner selected several men with experience in the building trades who would be paid cash at the end of the day. The owner was driving a company truck, wearing the company uniform and had the company's tools in the back. Several of the laborers were dropped at a commercial construction site before Landau's undocumented client was dropped off with another worker at a residential property with the company's sign out front. The claimant was ordered to clean up the construction debris and was injured while doing so. When the injured worker sought help, he was told by the construction company that he was not an employee, and their insurance company added that he was not on their list of employees, not on their insured's work site and not covered by their policy. When the worker cam to ABRAMS LANDAU, he had received no benefits of any kind.

The injured worker had no documentary evidence other than the owner's business card and a recall of the address where he was injured. The ABRAMS LANDAU team was able to investigate his claim and find out that the residence was owned by the boss's sister, and that indeed, the company's sign had been out front. The injured workers law firm was able to show the Workers Compensation judge that by all appearances, this was indeed one of the company;s work sites, an that the men were hired by the company. Using the legal doctrine of "apparent agency," lawyer Landau was able to convince the comp judge that the claim was indeed meritorious and the judge ordered the construction company's insurer to pay the benefits sought. The construction company thought it could get away with hiring these men and then avoid responsibility if they got hurt. However, the Workers Compensation Commission ruled that the company was indeed responsible for the men it engaged and had working under its direction, regardless of their legal, temporary employment or work status. If you or someone you know has been injured in an on the job accident, e-mail us at ABRAMS LANDAU, Ltd., or call 703-796-9555 today.

Originally posted at InjuryBoard by Doug Landau

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

Can the insurance company send investigators out to spy on me ?

Doug Landau — Sun, 06 Dec 2009 18:17:58 GMT

Injured workers call ABRAMS LANDAU, Ltd. all the time asking if the insurance company can spy in them. In a word, "yes." The insurance companies can and will hire investigators to look into your records, question your co-workers and neighbors and conduct surveillance of you and your family members. In any case where the insurance company may have to pay a lot of money for medical care, lost earnings and other expenses, they will readily invest several hundreds or even thousands of dollars to investigate in order to save money later on in the case. Disabled clients of Doug Landau ask, "Can these private investigators follow me, watch my home and talk to my neighbors ?" The answer, unfortunately, is "Yes" to all three questions. That is why it is a good idea to watch what you say, advise your friends, family members and neighbors not to speak to investigators about YOUR case, and to report suspicious behavior to the local authorities.

Virginia has laws against "stalking," and Herndon work injury lawyer Landau advises clients to get truck, van and car license plate numbers, makes and models to describe to the police. In several instances, when insurance investigators came on Landau's clients' private property, they were in violation of trespassing laws. If you, or someone you know is being followed, harassed or stalked by an insurance investigator, do not shoot them (see yesterday's post), but rather call an experienced workers compensation, disability and injury case lawyer to help you and your family. If you or someone you know has been injured in an on the job accident, e-mail us at ABRAMS LANDAU, Ltd., or call 703-796-9555 today.

Originally posted at InjuryBoard by Doug Landau

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