Medical Malpractice: It Takes Two, Baby

March 24th, 2011. By Kristine B

If you’ve ever watched any of the seemingly endless supply of medical dramas on television (Grey’s Anatomy, House, Private Practice…) you’ve probably heard the phrase “medical malpractice”—or some variation of it—tossed about threateningly. It’s also a popular plot twist in soap operas—General Hospital fans will recall Dr. Patrick Drake (and his half-brother, Matt) being sued for malpractice. 

Great as it may be for adding intrigue to a plotline, medical malpractice—or at least the true meaning of it—tends to get lost and twisted in the drama. So this week, Pleading Ignorance shines a light on what medical malpractice, otherwise affectionately known as “med mal”, is…

Let’s start with the more technical version: medical malpractice is either an act or failure to act on the part of a health care provider, where that act or omission deviates from reasonable standards of care in the field and causes harm to the patient. Got that? Basically, medical malpractice has two parts. First, the negligence and second, the harm to the patient.

1. Medical Malpractice: The Negligence

The negligence part of medical malpractice is the first part of the explanation above. Negligence is any act or failure to act by a medical professional where the care provided does not meet generally accepted standards of practice. So, what does that mean? It means that person providing the health care—a doctor, nurse, dentist or any health care professional—does not provide care that meets accepted standards.

That’s important, because there’s a difference between a medical professional being negligent and a medical professional who has done all he can to help a patient but still can’t find the answers.

Say a patient, we’ll call her Sarah, goes to the doctor with a variety of symptoms. Dr. A runs test after test, has follow-up visits, consults with other doctors and still can’t determine the cause of Sarah’s problems. Finally, after a long process, Dr. A determines that Sarah has cancer and the cancer has progressed too far to be operable. Dr. A is not necessarily guilty of medical malpractice because he has met an accepted standard of care by sending Sarah for tests, scheduling follow-up appointments and so on.

Now, say Sarah goes to Dr. B. Dr. B listens to Sarah for a while but ultimately decides that her pain is in her head. So he sends her home without requesting any tests and does not offer to follow up with her. Sarah repeatedly sees Dr. B with the same complaints, but is always dismissed by the doctor. Eventually, a different doctor diagnoses Sarah with cancer, but by then the cancer is not treatable. Dr. B may be guilty of medical malpractice for not meeting a reasonable standard of care in Sarah’s situation.

Whether or not a doctor is negligent depends on whether a reasonably competent doctor who has Read the rest of this entry »

Quentin Tarantino Bird Lawsuit: Angry Quentin App Potential?

March 22nd, 2011. By LucyC

Inspiration for a Quentin Tarantino Version of ‘Angry Birds’? Possibilities abound: mini Quentin’s catapulting over a neighbor’s fence—precisely targeting a multi-tiered scaffold housing perched Macaws. Sure to show up on your app marketplace any time soon. But I leap ahead too quickly…

What do you think of when you hear the name Quentin Tarantino? Film director famous for films such as “Kill Bill”—which is not short of violence and loud noise—possibly?

Well, it seems he can dish it out but not suck it up. He’s suing Alan Ball, the Oscar-winning writer of “American Beauty”, creator of the TV hits “Six Feet Under” and “True Blood,” and his neighbor. The problem? Some “blood-curdling” “pterodactyl-like screams,” emanating from Ball’s house. The source? Ball’s exotic bird menagerie.

What did you think it was?

According to a report in The Telegraph, Tarantino says the macaws are interfering with progress on the film he currently working on and that Ball has “done little to eliminate the daily cacophony.”

Apparently, the six-page complaint states, “The defendants know that their birds issue blood-curdling, prehistoric-sounding screams.” Tarantino filed last week in the Los Angeles County Superior Court. It reportedly goes on to state “Though one might assume that, as a fellow writer, Mr. Ball Read the rest of this entry »

Pastor and Attorney? Bertram Marks is both and he’s here to help

March 22nd, 2011. By BrendaC

Lawyers Giving Back looks at a side of lawyers you don’t hear too much about—the side that gives back…pays it forward..and shares the love. We’ve found quite a number of attorneys who log non-billable hours helping others—simply because they believe it’s the right thing to do. Their stories are inspiring, and hey, who knew lawyers were so…good? If you’ve got a story to share about an attorney who’s doing the right thing, let us know—we’d love to let others know, too. Today, we’re talking with Michigan attorney Bertram Marks…

Attorney and Pastor Bertram Marks: “If you have an interest in community justice and integrity, the two just go hand in hand.”

If the career combination of Baptist minister and attorney sounds like an oxymoron, don’t bother to mention it to Bertram Marks. “Oh yes, I have heard that one before,” says Marks with a gentle laugh.

Marks is the lead partner in a full-service law practice in Farmington Hills, Michigan, where he combines his ecclesiastical and legal training to the maximum. “It is not really as dichotomous as one might think,” he says. “If you have an interest in community justice and integrity, the two just go hand in hand.”

Marks, who is also Pastor at the First Community Baptist Church, says he “can’t think of a time there weren’t at least 3 or 4 pro bono cases” on his docket. “A lot my work is in the area of economic justice, civil rights labor,” says Marks, “So I bundle all that up to deliver real help to people.”

And people in Michigan have some very real problems these days. Many people have been rocked back on their heels by industry shutdowns, lost jobs and sinking house prices.

“There is a huge wave of pain out there,” says Marks.

Just keeping the heat on during a long Detroit winter is a challenge for thousands of people. Financial assistance is available but many people either don’t know to access it or are simply too proud to admit they need it. Aware that it would be in the uncomfortable position of cutting of service to thousands of families, DTE Energy executives came to Marks in 2007 and asked for his help.“

“We found people were so turned off by the utility company when they got a shut-off notice they just kind of shut off, too,” says Marks. “There’s a feeling of hopelessness and going into a utility service office was the last thing they wanted to do.”

“I was able to convince the utility if we could base these support centers in faith-based Read the rest of this entry »

Topamax and Cleft Palate: Now the Insurance Battle

March 21st, 2011. By AbiK

Hooding Eyelids? Cosmetic elective surgery. Frown lines and laugh lines? Cosmetic elective surgery. Cleft Palate? Cosmetic elective surgery.

Wait—what was that last one?

That’s the incredulous moment a number of parents experience after submitting insurance claims for their child’s cleft palate surgery. They find themselves hearing that their insurance company deems the surgery as either “cosmetic” or “dental”. Translation: You’re on your own. And it doesn’t help to see those ads all over of children with cleft palates in foreign lands for whom there are constant requests for charitable relief. Not that those children don’t deserve assistance—they do—but it leaves folks closer to home questioning whatever happened to that phrase, “charity begins at home”?

Well, insurance companies aren’t in the charity business.

For parents of a child who’s been born with a cleft palate or cleft lip due to Topamax side effects—ie, a birth defect directly related to the mother having taken Topamax during the first trimester, navigating the world of insurance claims and denials is an unexpected battle. But there are some things you can do. Here, some tips from Cleftline.org, the website of the Cleft Palate Foundation:

1. If your insurance company denies your child’s cleft palate surgery claim, make sure you review your insurance plan—some policies have a clause for genetic birth defects that requires coverage for any medical treatment that is necessary because of a birth defect.

2. Try to talk with a case manager—not the customer service person who’s just following the insurance company script. The case manager typically has a medical background and may be better informed and versed in understanding your situation.

3. If your insurance provider deems cleft palate surgery as cosmetic, you can submit an appeal but you should have your doctor write a letter on your behalf to state the medical reasons why the surgery is necessary. A reviewer with the insurance company may not understand that their are benefits to having cleft palate surgery beyond boosting self-esteem. The Cleft Palate Foundation also suggests submitting pictures as well.

4. If your insurance provider says the cleft palate surgery is dental, not medical, try to have a plastic surgeon review your claim. Additionally, have your surgeon and primary physician write letters of support to be submitted to the insurance company. In the letters, ensure that the medical reason for the cleft palate surgery is stated, and that it is necessary, not some elective procedure.

5. If your child also has speech difficulties associated with the cleft palate, ensure that you document with the insurance company—and your doctor can state this in his letter also—knows that the condition is a direct result of the initial birth defect—not the result of an interim surgery or other condition. Otherwise the insurer may consider the speech problem as a secondary condition.

6. If your insurance company considers the cleft palate as a pre-existing condition, understand that many times—and particularly in this economy when many are still going without health insurance to get by—that insurance companies often receive claims from individuals who only sign up for benefits right before they know they will need to file a claim. The Cleft Palate Foundation suggests that you do not let your benefits lapse because you then may become at risk for this type of claim denial.

For more information and for further cleft palate resources, visit the Cleft Palate Foundation at cleftline.org, or call at 800-24-CLEFT. For more information regarding Topamax birth defect legal help and news see our Topamax news page.

Asbestos News Roundup: 3.17.11

March 17th, 2011. By LucyC

A roundup of recent asbestos-related news and information that you should be aware of. An ongoing list of asbestos hot spots from the Asbestos News Roundup archive appears on our asbestos map.

Asbestos Lawsuits

St. Clair County, IL: Joan Mozeika of New Jersey has filed an asbestos lawsuit on behalf of her recently deceased next-of-kin, Alexander L. Rossi. In her complaint, Mozeika alleges 36 defendant companies caused Rossi to develop lung cancer resulting from his exposure to asbestos-containing products throughout his career. Rossi worked as a tile setter and brick layer from 1946 until 1980, as a home repairman and remodeler from 1946 until 1980 and as an auto repairman from 1946 until 1980, according to the complaint. Due to Rossi’s death on Nov. 14, 2009, Mozeika lost his society and support and incurred funeral and burial expenses, according to the complaint.

Mozeika is seeking compensatory damages of more than $100,000, a judgment of more than $50,000, economic damages of more than $50,000 and punitive and exemplary damages of more than $50,000, plus punitive damages in an amount sufficient to punish Sprinkmann Insulation and Sprinkmann Sons Corporation and to deter them from committing similar actions in the future and other relief the court deems just. (Madisonrecord.com)

St. Clair County, IL: Evelyn L. Thiele of Florida filed an asbestos complaint on behalf of Donald C. Thiele, who died from lung cancer on February 22, 2009. In her complaint Evelyn Thiele alleges 31 defendant companies caused Donald Thiele to develop lung cancer after his exposure to asbestos-containing products throughout his career. According to the suit, Mr.Thiele worked as a tile setter and brick layer for various contractors in Ohio, Illinois and Michigan from 1950 until 1980.

Evelyn Thiele is seeking economic damages of more than $200,000, a judgment of more than $50,000, punitive and exemplary damages of more than $150,000, compensatory damages of more than $100,000 and punitive damages in an amount sufficient to punish Sprinkmann Insulation and Sprinkmann Sons Corporation and to deter them from committing similar actions in the future. (Madisonrecord.com)

St. Clair County, IL: In yet another asbestos complaint Brian Belkin of Texas, names 38 defendant Read the rest of this entry »