Michigan Personal Injury Blog

Searching For Loopholes - How Will Your Insurance Company Deny Your Claim?

David Mittleman — Thu, 28 Aug 2008 11:31:39 GMT

After losing his brother to the war in Afghanistan and watching his parents suffer through the loss of one child, Andrew White, a Marine in the war in Iraq, took out a $50,000 AIG life insurance policy to prevent any further financial burdens on his parents. Andrew underwent an AIG mandated medical examination and received a life insurance policy the following month. As a smoker, Andrew timely paid his increased premiums for fourteen and-a-half months. When Andrew died in February 2008, AIG denied his family the $50,000 life insurance policy.

One may ask, "what justification does an insurance company have to deny a life insurance policy to a family who clearly seemed deserving of it?" AIG told the family that "had they known that Andrew White was in a car accident when he was 16-years-old, they never would have written the policy to begin with." Andrew died within two years of obtaining his life insurance policy. This put Andrew's death in the Contestability period of the insurance policy, which indicated that misrepresentations made during the medical examination would void the policy. A war veteran, who passed the necessary physical requirements to obtain the policy, was denied coverage because of a car accident in which he was involved when he was 16-years-old. AIG Life denied Andrew's claim all the while making record breaking profits.

Health insurance claim denials are becoming increasingly familiar. Susan Kristoff, a breast cancer survivor, was denied benefits until she went public with her battle to obtain disability payments from Cigna. Since her story aired on Good Morning America, the news station has been flooded with e-mails from people who were facing similar difficulties in obtaining coverage.

After compiling years of court documents, SEC and FBI reports, the American Association for Justice (AAJ), discovered a pattern amongst the top insurance companies. "The rankings show a distinct pattern of insurance industry greed amongst 10 companies that refuse to pay just claims, employ hardball tactics against policyholders, reward executives with extravagant salaries, and raise premiums while hoarding excessive profits." The essential question one must ask is where this unfortunate reality leaves the supposed insured. It leaves them in an uphill battle in which experienced insurance companies will look for the most immaterial event to justify claim denials, while leaving the insured to fight for their much deserved policy.

Don't let insurance companies get out of their responsibilities. Keep them accountable - if you need help, contact us.

Originally posted at InjuryBoard by David Mittleman

Why Are Business Groups Funding High-Stakes State Court Elections?

David Mittleman — Tue, 26 Aug 2008 08:34:37 GMT

They don't want to be accountable to people and that is wrong. State courts across the country are caught in a high-stakes, high-priced fight between corporations, insurance companies and the Chamber of Commerce, who all want to end accountability destroy groups who advocate for consumers and victims of negligence. According to Jesse Green, spokesperson for the Michigan Association of Justice (MAJ), "Since the multinational corporations and their front groups, like Dan Pero's AJP, can't win through public opinion, they are spending millions on smear campaigns and attempting to just buy court that will rubber stamp their anti-family agenda."

Currently, the Michigan Supreme Court Chief Justice has raised $1.5 million dollars for his re-election this November. Much of the money is from business groups according to the Michigan Campaign Finance Network. People and families deserve a change. Soon an opponent will be named to challenge the Chief Justice and we will be talking about the candidate shortly. Stay tuned!

Originally posted at InjuryBoard by David Mittleman

One Dead After Tanker Truck Rolls Over SUV In Lansing

Devon Glass — Sun, 24 Aug 2008 10:50:43 GMT

Just before rush hour on Friday August 22, 2008, a tanker truck carrying nearly 20,000 gallons of fuel rolled over on top of a SUV, killing one person and injuring a few others. It is still not clear exactly what caused the tanker truck to roll over, but police are still investigating. A portion of US 127 north near the 496 interchange was closed from 5pm Friday until just after 4am on Saturday morning. If you have any information about this incident, please contact the Lansing Police Department, Detective Jeff Walsh at 517-319-6852.

Originally posted at InjuryBoard by Devon Glass

Saline Motorcycle Accident Injures Biker

Larry Buckfire — Sat, 23 Aug 2008 22:20:34 GMT

A motorcyclist was severely injured last night in Saline Township motorcycle accident when he was struck by an SUV on Michigan Avenue near Dell Road. Police are investigating whether the Clinton Township woman who was driving the SUV was under the influence of alcohol at the time of the accident. The Wasthenaw County Sherrifs Department continues to investigate the accident.

My firm represents Michigan bikers in accident cases throughout the State of Michigan. Although the public perception is that bikers are careless and reckless on the road, this is simply not true. The majority of motorcycle accidents are the result of negligent motorists and truck drivers on the Michigan roads. In this particular case, there is no evidence the biker was disobeying any laws of the road.

Originally posted at InjuryBoard by Larry Buckfire

Malpractice Damage Caps: Adding Insult to Injury

David Mittleman — Mon, 18 Aug 2008 10:14:47 GMT

No matter how much education or training a doctor has, he or she is still a human being. As all of us know, humans make mistakes. Although some degree of error is essentially inevitable in any profession, the magnitude of harm that results from medical malpractice is perhaps unsurpassed. The victims' betrayed trust and damaged bodily integrity are personal violations of the highest order. As a society, we expect that doctors who make mistakes should be held accountable for their conduct. Unbeknownst to most patients, however, is the fact that many states limit the amount of compensation they can receive if their doctor commits malpractice.

Medical malpractice damage caps, as they are called, are laws that protect insurance companies by ensuring that victims do not receive more than a certain amount of money for their pain and suffering, even if a jury awards them a larger sum. In Michigan malpractice cases, the limit on non-economic damages is $280,000 (adjusted yearly for inflation) in most instances and $500,000 (also adjusted for inflation) under certain, well-defined exceptions. This provision means that no matter how much pain a victim experiences or how drastically his or her life changes as a result of a doctor's malpractice, he or she cannot receive more than the statutory limit. There can be no doubt that the Legislature adopted this measure to protect insurance companies at the expense of individual victims.

Proponents of malpractice damage caps argue that these laws keep the cost of health care down. This assertion has no basis in fact. Damage awards comprise such a small percentage of the overall cost of health care that imposing limits has a negligible effect on cost. One article in the New England Journal of Medicine attributes the bulk of rising health care costs to advances in, and overuse of, new medical technology. As the author notes, our current President favors a cap on non-economic damages. A more effective approach, according to the article, would be to ensure that a larger percentage of malpractice liability premiums are directed toward compensating injured patients.

Malpractice victims should be compensated in an amount proportional to their injuries. These patients deserve to have a jury decide what that amount is, not a decades-old law passed by a Legislature that put insurance companies before people.

Originally posted at InjuryBoard by David Mittleman

Mistaken Identity as Medical Malpractice

David Mittleman — Thu, 14 Aug 2008 14:28:18 GMT

It is a lesson we try to teach children from a very young age: Everyone is a unique individual, with his or her own strengths and weaknesses, and nothing can change that. Wrong-patient procedures, however, challenge that notion. Once a patient enters a hospital, he or she stands a good chance of becoming just another face (or number) in the crowd.

Wrong-patient procedures occur when a patient undergoes some type of screening or treatment intended for another patient. Similar to wrong-site surgeries, they are perhaps even more pervasive because they are not limited to surgical procedures. Many wrong-patient cases involve a medical professional dispensing a drug to the incorrect patient. The drug could interact with other medications the patient is taking and result in anything from reduced effectiveness of the medication to death.

Surgeons, nurses, and pharmacists are not the only culprits. Mistakes early in the diagnosis and treatment process can have horrific effects on multiple patients. In one case, a woman was told by her doctor that she had breast cancer and that she should undergo radical treatment. As a result of her doctor's advice, the patient underwent a double mastectomy. She later learned that the pathologist had switched her test results with those of another woman. Not only had she undergone unnecessary and painful surgery and mental anguish- she rightly claims that she has been "maimed for life" - but the other woman who did have cancer went untreated for an undisclosed length of time.

Wrong-patient procedures are disturbing reminders of the human cost of our search for efficiency in health care. Individual patients pay the price when professionals try to rush through treatments without developing a connection with the victim. Your life and health are at stake - take an active role in your health care, ask questions, and make sure your doctor knows who you are and what your condition is.

Originally posted at InjuryBoard by David Mittleman

Unlicensed Driver Causes Fatal Crash in Lansing

David Mittleman — Tue, 12 Aug 2008 10:02:14 GMT

Unfortunately, it appears the Friday automobile accident that resulted in the death of a three-year-old child is part of a disturbing national trend. The driver who caused the crash, according to police officials, was an unlicenced teenager.

The American Automobile Association (AAA) recently released data that indicate one in five fatal crashes involve at least one unlicensed driver. This number - 20% - represents a national average, with a large degree of variation among the individual states. In Michigan, 12.6% of fatal accidents involve at least one driver with an invalid license.

In many cases, such as the tragic crash in Lansing late last week, the driver never even applies for a license. In other cases, the unlicensed driver may have had his or her license suspended or revoked. In Michigan, motorists with suspended licenses have to demonstrate that they have changed their behavior before they can have their license reinstated. Rather than submit to the appeals process, two-thirds of drivers nationwide simply continue to operate motor vehicles with their license suspended.

Several states, including Michigan, are making it harder for unlicensed drivers to get behind the wheel. One option adopted in many jurisdictions is vehicle immobilization, where the offender is prevented from having access to his or her car. Other steps may include license plate confiscation and vehicle forfeiture.

Unlicensed drivers put everyone on the road at risk. Sadly, Friday's tragic accident is an all too common reminder that driving is a privilege not to be taken lightly.

Originally posted at InjuryBoard by David Mittleman

The Frightening Reality of Wrong-Site Surgery

David Mittleman — Fri, 08 Aug 2008 09:52:17 GMT

Surgical procedures are intimidating. You put your life and your health in the hands of your doctor, allowing him to render you unconscious and to perform the most delicate of procedures with his scalpel. Most of the time, the doctor performs his or her job successfully and you are on the road to recovery. Unfortunately, there are instances where doctors make mistakes.

Perhaps the most horrifying surgical error is the wrong-site surgery, where the doctor operates on healthy tissue rather than the site requiring attention. This problem seems easily avoidable, yet wrong-site surgeries happen all the time.

For example, a patient with a kidney tumor will be slated for surgery to remove that kidney. In the operating room, however, the surgical team removes the wrong kidney. The patient, with his functional kidney removed, is left with only the ailing kidney and the prospect of at least one more surgery. There has even been one reported case of doctors removing both of a man's kidneys, an inexplicable error that required the patient to undergo dialysis and a transplant.

What can be done to prevent wrong-site surgery? The problem has become so serious that new standards are being adopted to help eliminate these errors. As a patient, you can help by demanding to see your actual surgeon before your procedure and discussing the site of the surgery with him or her. Be sure that you are both clear as to nature and location of the procedure. You can also ask that the site be marked with permanent marker.

Remember, your life and health are in the doctor's hands. By being an active participant in your care and asking questions, even if they seem simple or obvious, you are taking one more step toward protecting yourself.

Originally posted at InjuryBoard by David Mittleman

Ottawa County Car Crash Injures Ten

Larry Buckfire — Thu, 07 Aug 2008 14:56:54 GMT

A serious Michigan car accident in Ottawa County injured ten people. Two of them, Evant Cozart and Francisco Manuel, are in serious condition. Police are investigatin the accident, but believe that one car pulled in front of another, forcing it to swerve. The vehicle rolled over and several passengers were thrown from the car.

In this type of accident, everyone involved is entitled to Michigan no-fault insurance benefits, which include payment of medical expenses, lost wages, and other benefits. Depending on who was a fault in the accident, the injury victims may also have a personal injury claim against the negligent driver.

Originally posted at InjuryBoard by Larry Buckfire

Florida Man Killed in Michigan Car Crash

Larry Buckfire — Thu, 07 Aug 2008 14:51:04 GMT

I read a tragic story about a 79 year old Florida , James Weekely, who was killed in Dundee, Michigan when his car struck a tractor-trailer that had stopped suddenly for a downed electrical line. His wife, Hazel Weekley, who was also in the car, suffered significant injuries and is in critical care at a hospital in Toledo. Apparently, the wire that was in the road was pulled down by another vehicle that was excessively tall.

This accident presents a variety of legal issues which may give the relatives of Mr. and Mrs. Weekley the basis for filing a civil lawsuit. Depending on insurance issues, there may be Michigan no-fault insurance benefits available for the accident victims even if they did not have a Michigan auto policy. There may also be claims against both the truck driver and against the owner and driver of the truck that pulled down the power line. Any claim for the loss of Mr. Weekely's death would fall under the Michigan Wrongful Death Act.

When my firm is hired on this type of case, we immediately investigate the accident to determine who was at fault in the accident and the basis for holding them legally liable.

Originally posted at InjuryBoard by Larry Buckfire