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Posts in the ‘Medical Malpractice’ category

98,000 Reasons to Remove Medical Malpractice Caps

Posted on March 16th, 2010 by The Firm

The Institute of Medicine has found that each year, there are over 98,000 deaths resulting from medical malpractice. There are generally two types of damages awarded in such cases – economic (medical bills, funeral expenses, lost wages from missed time at work) and non-economic (loss of companionship, pain and suffering). Many state legislatures have limited the amount of money these families can receive for non-economic damages. In other words, many states have essentially said that your loss of enjoyment of life, pain and suffering, or your loss of a spouse is only worth so much money.

Thankfully, the tide has turned in Illinois. Illinois medical malpractice victims are now allowed to seek full compensation for their clients as the Illinois Supreme Court has ruled non-economic damages in medical malpractice cases violates the Illinois Constitution. Under the old law, victims could be awarded no more than $500,000 in non-economic damages against doctors and $1 million against hospitals. Finally, Illinois juries will decide a plaintiff’s loss – not the legislature.

The State of Missouri continues to have a medical malpractice cap in place. In 2005, Missouri tort reform was passed which instituted a non-economic damage cap of $350,000, which is NOT adjusted for inflation. For insurance companies insuring medical providers who have committed negligence, the 2005 reform was music to their ears. They know that no matter how bad the act, no matter how severe the injury, their liability cannot be more than $350,000. We are pleased to report that on January 14, the Supreme Court heard the arguments from both sides regarding the constitutionality of the medical malpractice damage caps in Missouri. We hope to have good news to report soon.

To learn more or to discuss Medical Malpractice, contact Bob Rowland.

Missouri Medical Malpractice Caps on Lawsuits Only Hurt Victims

Posted on December 8th, 2009 by The Firm

The St. Louis Post Dispatch recently printed an article discussing the medical malpractice caps in Missouri.  In August 2005, the Missouri lawmakers decided to cap awards for non‑economic damages in medical malpractice cases at $350,000.00 total for all defendants. Prior to this law passing Missouri already had medical malpractice caps at approximately $545,000.00 per defendant and the cap was adjusted for inflation.  The new cap has no inflation adjustment.

This means if your physician carelessly injuries you, he and his insurance company are protected ‑ they only have to pay $350,000 for your pain and suffering.  Doctors and insurers argued this law was necessary because insurance rates continue to rise.  As attorneys for injury victims, we think this law is detrimental to the health system as a whole.  If you make an error and injure someone on a roadway, your liability is not capped.  Doctors need to be held responsible for their careless conduct just as the rest of the public is held responsible.  The insurance companies make up a billion‑dollar industry that does not need protection.

To learn more about Medical Malpractice, contact Bob Rowland.

You can read the full article here.

Personal Injuries and Workers’ Compensation – Don’t Speak to the Insurance Company!

Posted on November 24th, 2009 by The Firm

Nothing is more frustrating to me than when an insurance company takes advantage of an injured person. It happens frequently. As soon as you notify the insurance company of your injury, whether it be from a fall, injury at work, or automobile accident, the insurance company will immediately try to take your recorded statement. Is the adjuster doing this to help you get compensated for your harms and losses? Absolutely not! He/she is trying to box in your story. The insurance adjuster knows it is unlikely that you have already hired an attorney to help you so the adjuster will try to get you to speak early. An attorney can help you avoid certain pitfalls – like providing details you aren’t sure of, downplaying your injuries, and providing irrelevant information.

If you are asked to provide a recorded statement, kindly tell the adjuster that you will be happy to do so, after you hire counsel. Then, hire counsel! We can walk through the likely questions with you and discuss your case. You likely have questions – the insurance adjuster is not the one to ask. The insurance company can, and will, withhold any benefits due to you until you provide a recorded statement which it is why it is crucial to find legal representation quickly. If you were in an automobile accident, it may make sense for you to contact your own insurance company but there are exceptions. You need to speak to an attorney about that question. Until you hire an attorney, follow your doctor’s advise, get well, and do not speak to the insurance company.

To learn more or to discuss Workers’ Compensation, contact Robert Rowland.

Be Picky When Hiring an Injury Attorney

Posted on November 24th, 2009 by The Firm

Whether you were injured in Illinois or Missouri…whether you were injured at work, on property, by a doctor, by a product, or in an automobile, finding the right attorney for you will be one of the most important decisions you will make. There are lots of lawyers out there – some are alike but some are very different. Would you go to just any doctor? Would you buy any house? No. Big decisions need to be made according to what is right for you.

Anyone can buy a fancy ad these days. That doesn’t make him a good lawyer. That doesn’t mean he will listen to your needs, and be responsive when you need him to be. Ask yourself what you expect from your attorney and then research and ask around to find the right match. Check out the attorney’s prior success and read testimonials. Most importantly, at least speak to or meet with the attorney in person before you hire him or her. If you do not feel comfortable with the attorney, it probably isn’t a good match.

Do you want a huge firm with so many cases that the attorneys are too busy to work on your file? Or do you want a smaller firm who is selective in what cases it takes so that the attorney can provide you with individualized attention? Do you want a firm with a proven track record and respected in the community? Do you want a responsive attorney that you can get a hold of? Do you want an attorney who will work on your file until completion or one that will pass your file off to other attorneys? These are all important issues that may affect how pleased you are with your choice of counsel. Choose wisely.

To learn more about hiring an attorney, contact Robert Rowland or fill out our contact form.