When today’s older Americans were kids, they certainly did not have as many toys made that were a serious choking hazard. Not to say that there may not have been a toy or two that had some issues, but by and large, when we grew up, we did not have to be afraid of chewing our slippers and choking. Every time you turn around, there is yet another recall for something that could either seriously harm a child or kill them. There is something very wrong with that picture, and usually it relates to money.

Manufacturers are in such a rush to get toys and clothing to market to rake in cash, that the safety of the end user often falls by the wayside. If the individuals who designed some of this stuff stopped and honestly thought about what they were doing, they would get it that you do not make toys or clothing with items that detach and can choke and kill.

Take this latest recall for example. Who in their right mind would make kids’ slippers with detachable rolly eyes? Of course a kid is going to put that into their mouths. Everything goes into a kid’s mouth, whether it is a slipper or something else that catches their eye. If the clothing industry wants to put eyes on slippers, why don’t they just embroider them onto the existing fabric, and not attach them with a couple of loops of flimsy thread?

The nationwide voluntary recall was for roughly 16,000 Kidgets® Animal Sock Top Slippers. Not so surprisingly, it was discovered that the animal’s eyes pose a choking hazard for young children. The dogs, lions and duck slippers were to be returned to any of the stores they were purchased from to get a full refund, which is a nice gesture. However, here is the problem. Not everyone will hear about this recall.

Someone may even get a pair of these things for the holidays or see them in a bargain bin where someone tossed them without thinking. If a child chokes on these eyes, the company that made them is liable. It is just that simple. Any family faced with a child with serious injuries from choking on a toy eye, or inhaling it and shutting down their airway causing death will likely want to file a wrongful death, defective product lawsuit. While waiting for their case to be decided, the family will need cash to pay their bills.

The family might apply for litigation funding, also known as pre-settlement funding or a lawsuit cash advance. This is money paid in advance of a court verdict or settlement. Litigation funding lets a plaintiff pay all of their bills and then wait for justice. They apply online or by phone, discuss case details, get their case assessed and approved.

The lawsuit loan is wired into their bank accounts, usually within 24 to 48 hours and although they may use the money for pretty much anything they like, they realize it is a smart move to pay their pressing medical bills right away and deal with other expenses too. Lawsuit funding helps plaintiffs get back on their feet when they need help the most.

Daren Monroe writes for Litigation Funding Corp. To learn more about lawsuit funding and litigation funding, visit Litigationfundingcorp.com.

Facilities that withhold food, water, and medications can be found liable of negligence. Internal controls should be in place to monitor residents’ health, weight, eating habits, and concerns. These issues should be addressed, documented, and followed up in a resident’s care plan. It is the staff’s duty to follow and reassess treatment protocols as needed to ensure a patient’s wellbeing.

In certain circumstances, a profound failure to monitor nutrition and hydration can cause serious consequences, including death, in a resident. Lack of documentation and insufficient staffing can lead to liability. It is also a best practice to keep the senior’s family involved in the care, and alert them if care or food is being refused, the resident is combative, or needs other services.

An incident at St. Joseph’s Manor in Trumbull showed the facility did not provide an adequate environment to keep residents in the facility and prevent wandering or escaping. In the fall, two residents with dementia were able to leave the facility through a broken door that was open. Bayview Health Care Center in Waterford was also fined for not giving residents ID bracelets or other forms of identification.

Actively monitoring the premises is a must to ensure patient safety is upheld. Documented site inspections on a routine basis and security systems should be in place to protect residents. Access to facility vans and worker vehicles should be secure so that an enterprising individual cannot take off without warning.

Individuals and their loved ones who are concerned that a nursing home is engaging in neglect or abuse should contact the Connecticut Department of Social Services aging services division, which is in charge of adult protective services. Elder abuse or neglect can involve a wide range of concerns, including physical, emotional or sexual abuse as well as neglect, abandonment, and exploitation. A Connecticut nursing home abuse lawyer should also be contacted so that further harm is prevented, and a facility can be accountable for its wrongdoing.

Alexandra Reed writes for Connecticut personal injury law firm, Stratton Faxon. Contact Stratton Faxon to speak with a Connecticut accident lawyer about your personal injury, wrongful death, or Connecticut malpractice case. To learn more, visit Strattonfaxon.com.

This on-the-job injury case involved a railroad worker. John Doe (whose name has been changed to protect the victim) had worked for the Kansas City Southern Railway Company for a number of years when he was involved in an accident.

The fateful event happened in 2009 when Doe, a section foreman, and his crew were removing broken rail of a section of track. Suddenly, the boom of the crane struck the ball of the rail still loaded in the rack of a railway section truck. The impact rolled it over the forks on the rack and the rail dropped like a stone to the ground. On its way down, Doe was hit and sustained severe back, neck and head injuries.

From that day forward, Doe suffered unbelievable physical pain and suffering, lost wages, mental anguish, loss of current and future earnings, diminished earning capacity and enormous medical bills that he was unable to pay. Doe hopes that his case will be successful, and that he will be able to recover enough money to take care of himself for the future.

Cases like this are tricky and may also involve worker’s compensation. In some states, a worker is not able to sue his employer because he is being paid workers’ compensation. Since this varies state by state, it is something that needs to be checked with an Austin personal injury lawyer if an accident like this takes place in Texas.

Workers’ compensation is always an issue when workers are injured on the job, but each case is different, so never assume you do not have a case or that you cannot get compensation. The details of the case need to be discussed in depth with an experienced Austin personal injury lawyer. As things currently stand, Texas private employers may choose whether or not they will offer workers’ compensation insurance to their employees. Typically, the employer is mandated to tell the worker if they have coverage or not.

Workers’ compensation pays the medical bills and covers a portion of a worker’s lost wages if they are injured on the job or are affected by a work-related illness and the employer has coverage under the Texas Workers’ Compensation Act, Title 5, Subtitle A, Labor Code. It can also cover for vocational rehabilitation and retraining when an injury prevents a worker from going back to their normal job, and they need to learn a new position to be able to work with a longer-term injury or disability.

Brooks Schuelke is an Austin personal injury attorney with Perlmutter & Schuelke LLP. Contact an Austin injury lawyer at Civtrial.com or (512) 476-4944.

While this might not come as any great surprise to some, others found it shocking. The man who put together Arizona’s highly inflammatory and controversial immigration law was voted out of office. This Arizona law was heavily debated, and other statutes of a similar nature are now in the courts. While this law was considered to be tough, the worst one was in Alabama and caused a big backlash that is expected to drive major changes.

These uproars over immigration reform legislation have many wondering if the heavy emphasis on decreasing illegal immigration has gone too far. It appears from the news, the rumors and the rumblings in the various states that many are not happy with the lack of federal government direction. Many think that things have run off the rails and gone overboard?

Let’s look at the latest media reports from Alabama, the state with the toughest immigration enforcement laws. Despite the fact that they stand behind their law, and think it was the right thing to do, they are now amending it due to serious criticism from business owners and residents. It appears that their laws had unintended consequences that went far beyond trying to deter illegal immigrants.

The story about what happened to a German executive would have had its moments of hilarity, but he did not find anything funny about what happened to him. He was in Alabama and driving a rental vehicle without proper identification. He only had a German ID and was on a trip to the U.S. to visit the Mercedes manufacturing plant located in the state. Prior to the new and supposedly improved law, he would only have received a ticket. Under the new law, he needed to produce a valid ID card or run the risk of being tossed in jail and thoroughly questioned about his immigration status. You can see how awkward that would be.

The awkwardness does not stop there though. The wording of the law is brutally convoluted and says that law enforcement needs proof of legal status for any transaction between a person and the state or a political subdivision of the state. Say what? So people could face criminal charges for just about anything. That is obviously something they will need to fix. The state acknowledges that they do need to fix it, which begs the question of how the law got passed in the first place with loopholes.

All eyes should be focused on the White House in the midst of this avoidable debacle. The states are passing their own laws because Washington is not properly enforcing the existing federal laws, not to mention the fact that these laws have not been replaced with anything better. So far, the prospect of these laws changing is pretty dim.

Above the din of clashing politicians is the lament of states that want some action. They are tired of running out of money and state resources being channeled to illegal immigrants. They want to serve their legal residents first. It is a good point. Just what will happen next is anyone’s guess.

Sally Odell – Rifkin & Fox-Isicoff, PA is an immigration lawyer in Miami with immigration law offices in Orlando and Miami Florida. To learn more, visit http://www.rifkinandfoxisicoff.com.

“I’ve had a great many clients chose travertine tiles when they wanted to upgrade their flooring. Basically, they wanted something elegant, easy to keep and beautiful. Travertine can do all that and more, and because it is in such high demand, you will find the price is a bit higher than other choices out there,” indicated Dean Dupre, who owns Champion Tile, a Clearwater Flooring, Tampa Flooring, and tile installation company.

Despite that price though, travertine is a popular choice for its longevity, particularly if a homeowner foresees selling in the near future. It is also a highly favored choice for architects and interior designers, largely because it has such an interesting personality. “Travertine tiles tend to look warm and inviting and a bit on the worn side, almost like they have a story to tell,” added Dupre.

It is so interesting in fact that the demand for this style hovers around the 0.85 million ton mark in just the United States alone. What many Americans do not realize, is that travertine is not just found in Italy, but in the western U.S. region. This does tend to bring the price down somewhat since it is available domestically, but it will still be slightly more expensive than other floor tile choices.

“If you love travertine, you can get it in two finishes – natural stone and filled and polished. What’s the difference? The natural look is just that; natural with pitting and it looks worn and comfortable. The filled and polished style features a high-gloss finish, making it a breeze to maintain. This second category is the main choice of interior designers and homeowners,” Dupre said.

Interestingly, many have mistaken travertine tile for marble, as it looks like marble when it has been filled and polished. Others mistake the natural travertine for limestone. “Ultimately, the best thing is that travertine is a natural mimic that stands up to close inspection, graces a home with its natural beauty and can be called anything you like, but still remains utterly beautiful.”

To keep travertine floor tiles looking their best, just sweep the tiles with a soft bristled broom. After sweeping, wipe the floor with a damp mop. “Just how easy is that?” asked Dupre. “Travertine is really popular and if you think you might like to have it in your home, give us a call and we can discuss your project.”

To learn more, visit http://www.champtile.com.

Sometimes, fate plays a hand in someone’s life, or in the lives of many. That is what happened in this case. Forty-three year old John Doe (name changed to protect the kids), was going down the road when he was pulled over by state troopers. They initially noted he was not wearing a seatbelt.

When they were talking to him, they caught the very strong smell of alcohol from inside the truck and noticed that there were two kids in the truck with him, ages 13 and 10. The driver miserably failed the field sobriety test and was arrested, bundled into a police car and taken to state police barracks. His blood alcohol content was .17, which is more than twice the legal limit. The man was promptly charged with felony driving while intoxicated, because he had children in his vehicle.

What possesses people to drive while drunk? What makes them think they are immortal and invisible to law enforcement while they are trying to pretend they can drive? What on earth propels them to take children along for the ride, when there is the very real possibility the kids could be killed in an accident? There is an old saying, “You can’t fix stupid.”
Stupid decisions aside, this man could have wrecked a lot of havoc on someone, including himself, had the police not stopped him for what they thought might be a seat belt infraction. Somewhere those children’s guardian angels were working overtime.

If this man had been involved in an accident and harmed or killed someone, including the two children, he could be sued for wrongful death or personal injuries. To prove a personal injury case or a wrongful death case, there needs to be negligence involved. In this instance, the negligence is two-fold: drinking excessively and choosing to drive. The link to prove the case is made between the negligence being the direct cause of the accident and thus the cause of the injuries or death.

When someone is killed due to the negligence of another, the surviving relatives may file a wrongful death lawsuit. This suit would seek compensation from the person responsible for the death or injuries. Damages may include medical bills, lost wages, loss of future earnings, loss of companionship, funeral and burial expenses and may also include punitive damages that are often awarded for egregious, intentional acts.

When you speak to an experienced Austin personal injury lawyer about a wrongful death case, one of the things discussed is limits on damages in a personal injury case. Some states place limits on compensatory or punitive damages. You need to know how that may work in your situation and how your Austin personal injury lawyer can help you find justice.

Robert W. Lee is an Austin personal injury lawyer for The Lee Law Firm. If you need an Austin personal injury lawyer, contact an Austin personal injury attorney from The Lee Law Firm. Visit RWLeelaw.com.

“I’ve heard this said many times over: that people with pre-existing medical conditions have a hard time getting health insurance that is reasonably priced. It is not impossible to find affordable health insurance, but it can be a challenge. That will change in 2014,” added Clelland Green, RHU, CEO, and president of Benepath in Pennsylvania.

If health care reform stays the course, what will happen in 2014 is insurance providers will be banned from excluding people with pre-existing conditions from getting insurance. However, that is still a full two years away, and does nothing to help the millions of Americans that are deemed uninsurable now.

“To fill in the gap between now and then, the government set up the Pre-Existing Condition Insurance Plan in all 50 states,” explained Green. “In simplified terms, the plan offers health insurance to those who have difficulties getting health insurance. The plans offer hospital care, specialty care and primary care, and prescription drugs. This plan with lower premiums would be ideal for many of the almost 57 million going without health insurance. But the odd thing is that less than 19,000 people have opted for this plan.”

In an economy that makes even putting bread on the table questionable some months, one would think those who are uninsurable because of a pre-existing health condition would welcome the opportunity to have reasonably priced coverage. However, while this sounds like a great plan at first glance, the stumbling block is the waiting period.

People wanting to switch to this plan must face being without any insurance coverage for at least six months before they apply and that includes COBRA. “Six months is a long time to wait if you have diabetes or a heart condition and need daily medications. Many feel it is too big a risk to take, even if it means they’d be paying less after their waiting period was over,” Green pointed out.

There is an option that those caught between a rock and a hard place may find attractive if they want to join the government program. It is referred to as non-insurance health plans. These plans typically market health services to large groups of people and when those who do join officially become members, they have a great deal of buying clout that allows the company to obtain discounted prices for medical services. “In some cases,” demonstrated Green, “the discounts can range from 25 percent to 80 percent on vision, dental and medical service, drugs and medical supplies. Some people find that very attractive.”

When it comes to costs for going to the hospital, discount companies either pre-negotiate cost reductions for hospital procedures or assign an advocate to negotiate lower costs. “The advocate may also apply for financial assistance to pay the hospital balance off on your behalf, if that is suitable under the circumstances,” Green said.

More often than not, the discount medical programs are very affordable, coming in at less than $50 per month for the whole family. Many outfits do not require contracts, and benefits are available on sign up. “You just need to keep in mind that this option is not traditional health insurance. While it may not be for some people, others may find it attractive enough to wait the six month period until they can get the regular health insurance. Ultimately, the choices are yours and you do what you need to do for your health,” added Green.

To learn more, visit http://www.benepath.com.

Many families choose to give an already-paid-for automobile to one of the children as a holiday gift. This tells the child that they have earned trust and proven that they are responsible. It can be a touching moment when a teenager takes the keys of their very own car for the first time.

But it is important to remember that re-examining an insurance policy is a part of that step. Whether mom got a new car and the teenager becomes the primary driver of the old station wagon or dad bought a new truck and gave the old sedan to the teenager, it is important to go back over the Florida auto insurance quote after the holidays to make sure everyone has sufficient coverage.

“We see a lot of people who get a car as a Christmas gift and they want to give their old car to their teenager,” said Vincent Payne of AGIC Insurance, Inc. “This can work out easily but it is important to have the Florida car insurance filed correctly in case something happens.”

Teenagers in cars need to be closely monitored to make sure they are not using electronic devices while they are driving. Many states outlaw using smartphones while behind the wheel, but some other states are even stricter when it comes to teenagers and mobile phones.

Florida does not have any laws restricting mobile phone use, which makes it even more important that parents keep a close eye on driving teenagers.

To learn more about how to get a great Florida auto insurance premium, visit http://www.agicinsurance.com or call AGIC Insurance at 1-877-854-0123.

Most people travelling to the United States from around the world need a non-immigrant visa in order to enter the country. The visitor visas are B-1 for business and B-2 for citizens of foreign countries coming here for pleasure, tourism or medical treatment.

Business travel visas are given for a variety of reasons. Some foreign citizens come to the United States to consult with associates, attend seminars or conferences in their industry, or negotiate and close business contracts. Others come as athletes to compete in American contests or lecturers who speak at events.

There are 35 countries that participate in a visa waiver program and citizens of those countries usually do not need a B-1 visa when travelling to the United States for business.

Those countries are Andorra, Hungary, New Zealand, Australia, Iceland, Norway, Austria, Ireland, Portugal, Belgium, Italy, San Marino, Brunei, Japan, Singapore, Czech Republic, Latvia, Slovakia, Denmark, Liechtenstein, Slovenia, Estonia, Lithuania, South Korea, Finland, Luxembourg, Spain, France, Malta, Sweden, Germany, Monaco, Switzerland, Greece, the Netherlands, and United Kingdom.

Qualification for a B-1 visa is determined by the U.S. Embassy in the country where the applicant holds citizenship. It is important to apply well in advance of the proposed travel date as the application process can be time-consuming, according to the State Department.

The application process will likely require an interview at the embassy. Applicants who are younger than 14 or older than 79-years-old usually do not need to interview in the process.

The embassy will ask for some documentation including an online DS-160 form, a valid passport (that will remain valid for six months after an applicant plans to leave the United States) and a photograph.

There are often fees associated with acquiring a B-1 visa as well. The State Department recommends applicants contact the U.S. Embassy in their country as soon as they know they need to travel to find out more about the necessary fees.

There are provisions in the rules that allow domestic employees or personal assistants to travel with their employers.

Carrying a B-1 visa is not a guarantee that a businessperson from another country will be granted access to the United States at a port of entry. The Department of Homeland Security and U.S. Customs and Border Protection have the ultimate say on who can enter.

Companies hoping to bring business associates to the United States to work on projects, sign real estate deals or attend conferences can benefit from hiring a qualified law firm to help make the process as smooth as possible for the traveler.

A. Banerjee is a Houston immigration lawyer in Texas. Before selecting an immigration lawyer in Houston, Texas, contact the Law Offices of Annie Banerjee by visiting their information filled website at http://www.visatous.com.

“The state has a great interest in having those who want the benefits of parenthood to take on the responsibilities and obligations that go with parenthood,” said Pacific McGeorge School of Law Professor Larry Levine in Sacramento.

In the latest case of assigning the parent child custody, a woman who did not adopt her ex-girlfriend’s kids was ruled as their parent because she provided for them monetarily, tended to them when they were sick and even volunteered at their school. Plus, she could not adopt the children as she was in the Air Force and did not want to violate the “don’t ask, don’t tell” policy that was only recently lifted. Because she was carrying out the parental responsibilities and rights, she was now deemed their parent.

Child custody decisions are, therefore, looking more at who is truly functioning as the parent. Adults who do not have blood ties or adopted a child used to be classified as “legal strangers”, but if they are carrying out the role of a parent, courts will want to keep what is in the best interest of the child. A child-centered approach versus a child as property mentality is what the courts are shifting too. Who do the children rely on? Who do they think their parents are?

This can have a big impact on not only child custody, but matters of child support. The state wants to side with whom will provide the best health, education, and home environment for the child if both parties cannot agree on joint custody. The courts really take each decision on a case by case basis, as no two scenarios are exactly the same. The biggest constant is that they will rule in the best interests of the children. An experienced child custody lawyer can help the individual who seeks child custody to create an agreement that upholds what is best for the children and takes into consideration all the actions they carry out for the children.

Gerald A. Maggio is an Orange
County divorce attorney, in Irvine, California. The Maggio Law Firm specializes in divorce and family law. To learn more about Orange County divorce lawyer, Gerald A. Maggio, visit Maggiolawfirm.com.

The provision allows a surviving spouse to claim any exemption not used by their deceased spouse on their own estate tax return. Since the exemption in 2011 was $5 million, a widow left with a $3 million estate owes no taxes. But then when the widow passes, the remaining $2 million can be added to the same $5 million ceiling. This means the widow’s estate is exempt for up to $7 million, according to Forbes.com.

This portability of estate exemption is simple compared to the tax maneuvers some estates attempt to avoid these taxes, and it was praised by tax lawyers upon signing. Unfortunately, the portability option concludes at the end of 2012, so it is only helpful to people who happen to lose a spouse in this calendar year.

In rare cases, someone who is terminally ill could use the portability option but even then it’s still guesswork. The new law also complicates taxes for the surviving spouse if he or she decides to remarry one day.

So, while the sentiment from Congress was well-received in the estate law community because it addresses one of that group’s significant concerns, the portability provision is almost unusable because it sunsets so quickly, according to Legalnews.com.

For now, the portability option will mean lots of paperwork for the IRS. As Congress’ new rules mean fewer estates have to pay taxes, the new law encourages more estates to file tax returns even if they don’t owe, according to Forbes.

So all surviving spouses this year have to file an estate tax return regardless of whether they owe or they lose the portability option forever. Estates have nine months to file an estate tax return and many miss that deadline.

Legislators could agree in 2012 to extend the portability provision in the estate tax law, or they could rewrite the whole thing. Forbes reported that the President has proposed bringing the estate tax laws back to where they were in 2009 when there was a $3.5 million exemption and a 45 percent tax rate.

Congress is notoriously unpredictable when it comes to drafting estate tax law. In late 2009, the U.S. Senate failed to vote on a bill that would have fixed a scheduled expiration of the tax. That meant there were no federal taxes on estates in 2010, according to Businessweek.com.

At the end of 2010, Congress passed the Tax Relief Unemployment Insurance Reauthorization and Job Creation Act. This is the law that brought the exemption to $5 million and introduces the portability option.

O. Reginald (“Reggie”) Osenton is the Owner and President of Osenton Law Offices, P.A. If you need a Brandon estate planning lawyer, Tampa estate planning lawyer, or Tampa probate attorney, call 813.654.5777 or visit Brandonlawoffice.com.

Often in cases like this one, there are two elements you need to keep in mind: the criminal side and the civil side. In this reported case, there was the criminal element of misdemeanor vehicular manslaughter, driving without a license and felony hit-and-run causing a death.

The 22-year-old man, driving through a crosswalk, hit and killed a four-year-old pedestrian. Rather than stopping and remaining at the scene of the accident for the police to arrive, the driver left the area. The man probably knew he was going to be in deep trouble, compounded by the fact he was driving without a license and left the scene of the accident.

While the criminal side of this case will come first, the family can most definitely file a wrongful death lawsuit. Was there negligence involved? Yes. Here is a man driving without a license that gets involved in a hit-and-run accident, kills a small child and flees the scene. Whether or not the individual was also under the influence, distracted, speeding or whatever other reason he may have offered for why he hit the child is not relevant. The facts speak for themselves, or in the words of the law, “Res ipsa loquitur.”

While criminal accountability is vitally important, the other element, the civil wrongful death lawsuit, is equally as important. It is a way for the family to seek some form of compensation for that gut-wrenching loss of a family member; a toddler who had his whole life before him, but for the negligence of the 22-year-old driver who hit and killed him. Criminal courts decide if a person intentionally committed a crime. Civil courts figure out if wrongful conduct should be accountable, financially speaking.

The fact is that in civil wrongful death cases, the whole focus of the case is obtaining compensation for those wrongfully harmed. If you have been in a similar situation, seek expert legal counsel to handle your case. Only an experienced Atlanta personal injury lawyer has the requisite skill to ensure you get the compensation you deserve to move on with your life. While cases like this are never easy, a seasoned Atlanta personal injury lawyer has the strength and compassion to help you make it through your ordeal.

Tim Anderson writes for Atlanta Personal Injury attorney, Stephen M. Ozcomert. The firm specializes in personal injury, malpractice, motorcycle accidents, and wrongful death. To learn more about Atlanta personal injury lawyer, Stephen M. Ozcomert, visit Ozcomert.com.

If you are going to practice medicine, then it is a good idea to get it right or make every attempt to do so by taking some action. In this case, the initial doctor took no action and because of that failure to diagnose, a 42-year old former police officer died for no good reason.

The story went like this. The former cop, who was 35-years-old when he first went to a doctor in 2004, went because he had a variety of gastric complaints and rectal bleeding. The rectal bleeding alone should have prompted the first doctor to order a colonoscopy or sigmoidoscopy to check for rectal cancer. The doctor did no such thing. Instead, he ordered a series of upper G.I. films for his stomach issues. An upper G.I. will not find cancer in the colon.

The ex-officer moved to another state in 2006 and found another doctor. When he went to see him, he repeated his complaints about rectal bleeding. His doctor immediately ordered the right tests and they revealed he had Stage 4 colon cancer that was incurable. At the age of 42-years-old, the man was told he had less than a year to live.

Knowing his family would be in difficult financial straits, and that he would need extra and extraordinary care until he died, he filed a medical malpractice lawsuit against the first doctor who failed to diagnose him in 2004. His claim pointed out that by failing to diagnose his condition, the doctor handed him a death sentence. When this case went to court, the jury agreed with the plaintiff, and found the first doctor negligent and that negligence directly caused the plaintiff’s pending death.

The jury handed down a $2.5 million verdict for pain and suffering, medical expenses and decreased life expectancy; a verdict that was reduced to $1.25 million thanks to medical malpractice caps. In other words, the victim was raped twice: once by the doctor who failed to diagnose his condition because he did not do the proper tests when he should have, and twice thanks to medical malpractice caps that limit damage awards in cases like this.

Medical malpractice caps do what? They take money away from a devastated injury victim so the insurance company gets to write a smaller claim to close the file. Tort reform is not about helping medical malpractice victims find justice. It is about ensuring the doctors do not pay for their mistakes or take responsibility for their errors and the insurance companies can keep more money and to heck with the innocent victims.

It is also about not trusting juries to make a righteous and fair decision about the case in front of them. You have to trust juries to do their job. It is rare to have a runaway jury, as most strive to get an equitable balance in their decisions.

What kind of a justice system is that? Do you think the reduced amount was adequate to compensate the man for his premature death, his pain, suffering, and medical bills and end of life care? If you were in the same situation, would you be happy with the state raping you for your just compensation to keep big insurance in business?

This kind of case is something that a plaintiff would need to discuss with an experienced Manchester medical malpractice lawyer. Make sure you promptly look into what your legal rights are to bring a lawsuit for medical negligence. A Manchester medical malpractice lawyer’s job is to help victims get as much compensation as they can for their future.

Charlie Donahue is a New Hampshire personal injury lawyer located in Keene. Donahue handles injury cases in New Hampshire and across the United States. To learn more about New Hampshire injury attorney, Charlie Donahue, visit Donahuelawfirm.com.

Having a health insurance plan in place is smart, because if anything happens to you, you need help paying medical and other related bills. That is the truth. Unfortunately, sometimes due to circumstances and sometimes due to choice, millions of Americans do not have health insurance plans to protect them. If something happens to someone in their family or to them they will be stuck trying to pay staggering bills.

The basic truth is if you have health insurance plans for your family, or have one for yourself, then you have help paying any medical expense that you have incurred, and it is always nice to have someone help you pay the bills, right?

When it gets right down to it, your health is wealth. Think about that for a minute. If you have your health and have it protected, you get help with bills and may likely still be able to work and make money. If you do not have your health, do not have money to pay your bills and may not be able to work; you have nothing but grief and unpaid bills. There is a better way to live your life.

Certainly life is filled with unforeseen circumstances that may find you involved in an accident, dealing with a broken leg or recovering from traumatic brain injury. Any of these things can happen at the drop of a dime. No one knows when they will need medical help. You would not go without home and car insurance, so why would you think health insurance is not necessary?

What do you consider when you are searching for health insurance plans to suit your lifestyle? Some of them should be:
- Know what medical expenses you and/or your family need to ensure a comprehensive plan for everyone
- Search for an insurance company that will provide assistance to help you get precisely what you need
- Do what you can to lower the costs of insurance, such as stop smoking, don’t drink or do drugs
- Buy health insurance from the same company that sold you car and home insurance for a policy reduction
- Do as much online research as possible to find quotes and compare them side-by-side
- Call an agent to double check that the deductibles and monthly premiums cover exactly what you need

Clelland Green is with Benepath.com, a leader in providing health insurance quotes. Benepath provides individuals, families, and businesses with affordable health insurance quotes in just a few mouse clicks. To learn more, visit http://www.benepath.com.

“The study showed that the table surface was a key component,” said Greg Grambor, president of Vascular PRN. “A big intervention that can help the patient stay comfortable and does more to prevent pressure ulcers is the Skin IQTM. It’s the latest negative airflow technology that prevents decubitis ulcers.”

The Skin IQ is also more budget-friendly than low air loss mattresses. The FDA has approved the Skin IQ for longer use, so the Skin IQ coverlet costs about $4.15 per day whereas a Low Air Loss mattress is about $30.00 a day. Perioperative nurses that can utilize a Skin IQ for patients and reposition them during and after surgical procedures will help patients stay comfortable and healthier.

“These strategies are easy to incorporate and relieve or redistribute the patient’s weight and wick away moisture,” said Grambor.

What is so unique about the Skin IQ is that it does have a foam layer, and two more layers of antimicrobial control. It pulls moisture down, cools the patient’s contact points, and performs 30 percent better than a typical medical mattress cover.

To learn more about the Skin IQ and how it can help in hospital settings or for pressure ulcer treatment, visit http://www.vascularprn.com/ or call 800.886.4331. On the site, visitors will also find out about Vascular PRN’s other products for sale or rent such as SCD boots, lymphedema pumps, and sequential compression devices. Vascular PRN has been helping surgery centers and hospitals, nursing homes, managed care organizations, and other institutions for decades throughout the United States. The Skin IQ is a registered trademark of KCI.

Heart attacks are as individual as the person experiencing them. No two people have the same symptoms, and in fact they may not have the classic signs that one is occurring. Take the case of a woman who went to the ER because her chest felt tight. The doctor ran many tests but could find anything wrong. He advised her to start taking aspirin and handed her a prescription for anxiety medication. Three days later she died of a heart attack. What happened to cause her untimely death?

The heart attack was misdiagnosed, something that happens far more frequently than we even know. In fact, just about two percent of all cardiac events are misdiagnosed. That number, which was derived from a study done by the New England Journal of Medicine, may not seem that bad. However, two percent adds up to 1.2 million people dying every year as the result of a heart attack.

It is no secret that heart attacks, coronary heart disease or coronary artery disease is caused by blood being blocked from getting to the heart. Once that happens, the main event is typically a heart attack, heart failure or cardiac arrest.

Many of the symptoms include, but are not limited to:
- Nausea
- Shortness of breath
- Chest pain
- Discomfort in the chest, either mild or severe
- Discomfort in the stomach, neck, jaw, back or arms

As you may have noticed, many of these symptoms could also signal something like the flu or pneumonia. More often than not, the patient knows something is wrong and insists something is wrong, only to have a doctor rely more on tests than how the patient feels.

Tests doctors run when they suspect a cardiac event include:
- Chest x-rays
- Stress tests
- Cardiac markers
- Blood tests
- ECGs
- CT scans
- Heart catheterization

Misdiagnosis may happen by misreading results from these and other tests. If the doctor does not take any action, or does not order the right test, this too may end in a misdiagnosis along with the wait and see attitude that often comes with uncertainty about test results.

To put it bluntly, if a possible heart attack victim does not get the appropriate drugs right away or have emergency surgical intervention, he or she may not live to see another day. Frankly, most people would not want to be a doctor faced with trying to determine if a patient was having a heart attack or not. It is a tough job, but those that are in the medical field must be accountable for any errors they make.

Have you been in a similar situation? Did you have a heart attack that was diagnosed as something else? Make a call to an experienced Cleveland medical malpractice lawyer. Find out what your legal rights are, and what constitutes medical negligence.

Christopher Mellino is a Cleveland Malpractice Lawyer specializing in Cleveland Medical Malpractice cases in Ohio. To learn more, visit Christophermellino.com.

“It’s not hard to sell Medicare supplement leads and with good reason,” says Clelland Green, RHU, CEO, and president of Benepath.net in Pennsylvania. “The next few years will see even more Americans become a part of the Grey Wave sweeping across the nation. These individuals will become eligible for Medicare and as a result, will need Medicare supplements to fill in any gaps in coverage. This is where an enterprising insurance agent comes in.”

The modern way of sourcing business is to purchase Medicare supplement leads. For certain, the new way beats the old way of trying to sell Medicare supplements to every homeowner an agent could find, on the theory that anyone who owned a house could benefit from Medicare protection. Times have changed and so have the ratios for converting leads.

“In the ‘olden’ days, every 10 Medicare supplement leads may cough up about three appointments and out of those three appointments, perhaps one sale. Cold calling, word-of-mouth referrals, direct mail and the like did return results, but it was a long, tough road to travel. Welcome to the 21st century and the luxury of one click Medicare supplement leads,” said Green.

Today, insurance agents will grow their business best by buying pre-qualified Medicare supplement leads; leads that come in real time and have not been worked by anyone else. This is important to agents, because if the leads are not exclusive, they have lost any leverage they had to work the lead by the time they eventually get it.

“The direct purchase of exclusive Medicare supplement leads is one of the smartest business moves an agent looking to expand their business can make,” added Green. “It offers them prospects fast, in real time and often results in a high conversion rate because they are dealing with people who ‘want’ the product.”

Gone are the days of 50 to 60 hour work weeks of cold calling, setting up appointments, working leads the old-fashioned way, and not making much money. Buying Medicare supplement leads means the marketing has already been done, and the only thing that remains is to call or meet the potential client. Even though technology moves fast, the innovation of pre-qualified, exclusive insurance leads is a real plus to agents wanting to make their business successful.

To learn more, visit http://www.benepath.net.

“State and national data indicate that drugged driving is a growing problem that demands more attention,” said Barbara Harsha, executive director of the Governors Highway Safety Association in a press release announcing the group’s new policy.

The group wants states to change statutes so that there are distinct sanctions for drug-impaired driving. Beyond that, highway safety advocates also want standardized procedures in labs to detect drugs that impair driving. The group also wants increased testing and reporting of fatally injured drivers in highway crashes.

The GHSA’s campaign began this fall in concert with the White House Office of National Drug Control Policy, which held a summit on the issue in October.

Highway safety advocates say statistics paint a picture of a terrible problem on America’s roads. The National Highway Traffic Safety Administration reported that drug use among drivers killed in crashes was at 18 percent in 2008.

It is not typical protocol to test the bodies of those fatally wounded in car crashes for drugs. But about a third of those tested in 2009 (often because of suspicion) came out positive, according to the Office of National Drug Control Policy. The ONDCP’s recent report also indicated that crash victims often had different drugs in their bodies depending on their age. Younger fatally wounded drivers tended to test positive for marijuana and older victims had more narcotics and depressants in their systems.

The GHSA considers drugged driving to be a serious concern, but drug tests are not universally done in highway fatalities and the group wants that to change. Part of GHSA’s proposal is to provide training to prosecutors to help increase awareness of the results of drugged driving.

“As with drunk driving, a strong national-state partnership is necessary to make progress,” Harsha said in the release.

The GHSA’s new policy pushes for more research to be done in the testing equipment industry so that field tests can help catch drugged drivers early. The group also wants more research to be done to understand the scope of the drugged driving problem in the United States, the physical limitations created by different drugs and the effectiveness of strong laws meant to deter drugged driving.

As the GHSA pushes states to formulate strict drugged driving policies, a significant part of the approach is to get more district attorneys to prosecute more drivers for being impaired by illegal or prescription drugs.

Highway safety advocates hope more prosecutions will lead to more awareness even as news of people killed by drivers on drugs makes the headlines. A wrongful death attorney can help a family who is dealing with the aftermath of a drugged driving accident find out what went wrong and who is at fault.

Paul Greenberg is a Chicago wrongful death attorney and Chicago wrongful death lawyer with Briskman Briskman & Greenberg. To learn more call 1.877.595.4878 or visit http://www.briskmanandbriskman.com/.

She was up and walking around after only a few days in the hospital with the help of a physical therapist.

The model and fashion blogger, 23-year-old Lauren Scruggs, suffered head, shoulder and brain injuries in addition to losing her left hand. She had gone up in the small, two-seat plane to view holiday light displays around Dallas from the air. Her family speculated that she was trying to return to the plane to thank the pilot when she unknowingly walked into the spinning propeller. Scruggs is the founder of LOLO Magazine and LOLOmag.com.

Small-engine airplane pilots are saying it is rare to let a passenger out of the plane with an open propeller until the engine is cut off and the prop has come to a stop. The plane, an Aviat Husky, has an engine that is far louder than the propeller and it might have been difficult to know in the dark that the loud noise was the engine and not the prop, according to ABC News.

The pilot of the plane is a friend of the Scruggs family and Lauren’s parents have said they have no plans to take legal action against him. But passenger safety is generally regarded to be the responsibility of the pilot – even on the tarmac.

The Federal Aviation Administration is looking into the incident. There is no word whether the engine was running when Scruggs was hit or whether the propeller was powering down. Some pilots have speculated that since it did not kill her, it might have been powering down. It is rare to survive such a catastrophic event.

In many catastrophic injury cases blame can be difficult to place on anyone but the person who was injured. It has been speculated that in this case the pilot may be at fault since the propeller was still running when Scruggs left the plane.

The plane’s propeller struck Scruggs on her left side, fracturing her skull and her collarbone. She was able to open and use her right eye within days of the accident, but her left eye was still bandaged. Doctors said the left eye would be their next focus after they amputated her left hand. Scruggs damaged the globe of her left eye, but doctors were able to repair it in surgery.

Seth Wilburn writes for the Gomez Law Group, a Dallas employment lawyer and Dallas business lawyer. To learn more, visit Gomezlawyers.com.

There are some days when you wonder if you are making any progress toward your goal of being page one ranking. It does seem like an uphill battle, but you need to remember that nothing happens overnight on the Internet. It takes proper planning, the right kind of SEO work, a blend of content and plug-ins, a gift for using social media and time. In other words, you will not jump to page one in an hour, day, or week.

Now, what if you had a team of highly qualified SEO pros working in the background for you? What if they created great copy for you every month that promoted your name and business online? What if those services were reasonably priced, got quantifiable results over time, and your business received more customers? Bet you would be signing on the dotted line and excited to have your insurance website design geared up and ready to go.

Chances are you do not have enough hours in the day to even attempt to market your own insurance business. It is hard enough as it is to keep up with phone calls and walk-ins. One person just cannot do it on their own, unless they are backed up by a team of insurance search engine optimization specialists who know what works to increase traffic to your website. It is possible to find such a team. This team not only knows their stuff inside out, but can improve your insurance marketing efforts vastly.

Imagine fresh content added frequently, interesting blogs, articles with relevant information, and news releases that put your company in the position of being an expert in insurance marketing industry. A site like that can be yours by finding the right insurance search engine optimization company.

Why would you choose such a company? If the company co-founder worked in insurance marketing for more than 25 years, the company would have the inside scoop on how to make you look good, get more conversions and keep your insurance website updated. A company like this has helped agencies, solo agents, and insurance companies rev up their marketing and business development efforts. Once you have an established presence on the Internet, you get to sit back and do what needs to be done to run your insurance business.

ReadytoQuote is aninsurance marketing company, ReadytoQuote.com. ReadytoQuote.com specializes in marketing insurance websites online. Learn more at ReadytoQuote.com.

“A holiday gift with monetary value needs to be added to the insurance policy in case of a catastrophic event,” said Lee Rogers of the Florida Insurance Group. “People often overlook the valuables they bring into the home.”

That means new jewelry, new electronics or artwork all need to be catalogued and added to the insurance policy. Rogers recommends keeping the receipts for newly purchased items to help keep track of the values. He also suggests adding heirloom items that grandma may have given out as everyone gathered at her house during the holidays.

“If grandma gave you grandpa’s cufflinks or a valuable old watch, those things can be significant and you will want to add them to the policy,” Rogers said. “Sometimes it doesn’t seem like much, but added together heirloom jewelry and artwork can have tangible value.”

A wider variety of catastrophes can threaten the electronics in the home. A fire or flood can create havoc, but an electrical storm can do major damage, too. “High-end electronics often get overlooked when updating insurance policies,” Rogers said. “People put a projector up in the ceiling that drops down to create a movie theatre in the family’s ‘man cave.’ Those are cool to have, but it is smart to get it insured, too.”

It is important to remember to adjust the policy as soon as the gifts are brought home to make sure coverage is sufficient, Rogers said.

To learn more, call 1.888.525.2210 or visit http://www.floridainsurance.com.

In a nutshell, Chapter 13 bankruptcy payments are figured out in such a way as to allow normal family and household expenses. While it might sound fairly straightforward it is not always that way, which is why it is best to work with an Iowa bankruptcy lawyer.

Chapter 13 repayments are not just based on a math calculation. Instead, they are based on what is a reasonable assumption of what you are able to pay back to your creditors and still keep up with your normal household and family expenses.

Your Chapter 13 repayment plan is typically submitted with your petition to the U.S. Bankruptcy Court, and it is put together by you and your Iowa bankruptcy lawyer. By and large, it is drafted with an eye on various factors such as your income and the existing means test in your state. The means test is the figure that measures your income against the average income for your state.

Assets you have in your possession are also a part of the calculations. Once the lawyer has worked with you to figure out what you own, he is able to determine which assets are exempt and which are not. Put another way, bankruptcy law says unsecured creditors get at least as much as they would if your non-exempt assets were sold.

To roughly calculate what you would be paying, you use your monthly net earnings as a starting point, which is your after tax income, less deductions for things like pensions or health insurance. These are balanced against your living expenses (mortgage, rent, car payments, insurance, utilities, clothing, food) and other costs associated with daily living.

What many people do not realize is that credit card payments, and other unsecured debts are not rolled into the calculation largely because they get paid, in part or fully, once the bankruptcy repayment plan is in place. Late fees and interest on overdue accounts is often waived in Chapter 13 plans. However, in order to find out what you will and will not be paying, the details need to be worked out with an experienced Iowa bankruptcy lawyer.

Kevin Ahrenholz is an Iowa bankruptcy lawyer and Iowa bankruptcy attorney. To contact him, visit http://www.iowachapter7.com or call 1.877.888.1766.

“Left unchecked, unfair and deceptive trade practices can cause substantial injury to consumers. We are pleased to take action to address these alleged practices,” said Connecticut Attorney General George Jepsen.

The companies’, LeanSpa LLC, NutraSlim LLC and NutraSlim U.K. Ltd., sales strategies were mainly based on the Internet to market their weight loss and colon cleanse products. They used fake news and consumer testimonials on their websites and engaged in deceptive financial practices that charged consumers when they should have been getting free trials or refunds. These companies took in excess of $25 million and consumers made more than 1,000 complaints to the FTC, Better Business Bureau, and the Connecticut Attorney General’s office.

Companies that sell weight loss products can pose great dangers to consumers if they engage in deceptive practices or do not have products that are compliant with FDA statutes and regulations. For example, the FDA recently sent out a warning that 20 weight loss supplements and pills being sold in the U.S. had the dangerous ingredient sibutramine. Ingredients that can have side effects or interact badly with other medicines have been shown to cause serious injuries and wrongful deaths. Misbranded or adulterated supplements and ingredients that have not been researched can also cause harm. The FDA shows that adverse events include strokes, pulmonary embolisms, acute liver injury, kidney failure, and death when manufacturers let tainted products get into the marketplace.

The FDA also inspects supplement manufacturers to make sure they are compliant with
Good Manufacturing Practice requirements. Controls should be in place to make sure that supplements are processed consistently and a manufacturer should have strong standards in place when working with suppliers to verify and test incoming ingredients for any tampering.

Supplement manufacturers are responsible for ensuring that their products are safe and will be effective when consumers use them as described on the label. Otherwise, they can be liable for harm done to an individual that is suffering from their negligence or carelessness.

Alexandra Reed writes for Connecticut personal injury law firm, Stratton Faxon. Contact Stratton Faxon to speak with a Connecticut accident lawyer about your personal injury, wrongful death, or Connecticut malpractice case. To learn more, visit Strattonfaxon.com.

The business judgment rule will be used by the courts to see if the duty of care was upheld. This rule analyzes if actions were done in good faith and in line with how a reasonable person would have acted.

Board members should not be acting with self interest, bias, or only looking to preserve their roles. This duty of loyalty also includes the board of directors disclosing any conflicts of interest and a duty of confidentiality to prevent potentially harmful publicity or crises.

In real terms, all efforts must be made to receive the highest value for the corporation. Any preference for one bidder over another should be in line with getting the maximum price. If bias is discovered or a dispute ensues because favoritism is occurring for the wrong reasons, a breach of fiduciary duty can be claimed.

The courts recognize that even when the sale of a corporation is completed, some amount of business risk is taken. If the board of directors has made a decision that is in the shareholders’ best interests to further its’ goals, board members will be greatly protected from liability. But if the duties of care, loyalty, and disclosure are not upheld, a lawsuit can ensue. When wrongdoing is proven and shown to have caused damage to the shareholders, compensation for actual damages and sometimes even punitive damages can be sought. Courts do not rule favorably in circumstances where a board of directors or select individuals on the board have a conscious disregard for their duties in a sale, merger, or acquisition.

It is therefore advised to have a team in place to help the board of directors make the soundest judgments when an opportunity arises for the business to change ownership. An experienced business attorney is essential for the board of directors to have to review their duties and actions as the research and transactions unfold. Enlisting a competent attorney ahead of time can help to minimize risk and comply with all pertinent regulations.

Anthony Spotora is a Los Angeles business lawyer and Los Angeles business litigation lawyer. To learn more, visit Spotoralaw.com.

Sometimes public radio stations will offer a pick up service and allow supporters to donate a car or boat as a donation to the station. Groups like Boat Angel allow you to make tax deductions by giving them your boat of any size or make. Many of these donations happen at the end of the year so that the donation counts toward that year’s income tax cycle.

It is important to remember to change your insurance policy after the donation. If someone gives away an old car or an old boat, the insurance company can adjust the policy so that the old vehicle is no longer being covered.

“Donating an old car or vehicle is good for you twice,” said Lee Rogers of the Florida Insurance Group. “You get the tax deduction from the donation and you most likely will get a reduction in your insurance policy, too.”

In many cases, the boats, personal watercraft and cars are disassembled for parts, but in some cases, the vehicles are rehabilitated and sold.

“You want to get the car or boat off of your insurance policy as soon as possible after the transaction not only because it will likely save you money, but also because it removes you from being liable for the vehicle,” Rogers said.

The policy can be altered on the same day as the donation if possible, he said.

To learn more, call 1.888.525.2210 or visit http://www.floridainsurance.com.

The VA has gone to great lengths to encourage veterans to seek mental health care to treat post traumatic stress disorder and other combat-related conditions. Since there are thousands of service men and women coming home from Iraq and Afghanistan over then next year, the VA is likely to see an even steeper hike in the number of veterans seeking mental health care.

The Senate’s Committee on Veterans’ Affairs held two hearings last year to investigate why veterans often have to wait far longer than the agency’s maximum of two weeks to be seen by a mental health care professional.

An executive with the Wounded Warrior Project testified that the VA is so understaffed and unprepared for the veterans who need mental health care, it is like watching someone treat an amputation with a band-aid.

In a November committee hearing, Senators heard from professionals within the VA as well as veterans’ advocacy groups who testified that the wait times have not shortened since the issue was brought to the committee in July.

Committee members explored many of the issues that hurt the VA’s ability to deliver appropriate mental health care to veterans. Mental health care carries a stigma among many in the military. It has historically been difficult to get veterans to seek this type of care, so the issue of wait times can compound the difficulty. The committee also explored issues with the number of health care professionals available to treat the veterans at each center and the hours that those doctors can keep in order to be available at the times that the veterans need the care.

Officials from within the VA testified that the agency has the right policies in place, but there is an implementation problem. Sen. John D. Rockefeller, D-W. Va., said he felt like the Office of Management and Budget was restricting what the VA witnesses could say in their testimony. Sen. Richard Burr, R-N.C., said he thinks the VA’s focus on process instead of outcome restricts the agency’s ability to serve veterans.

The Committee’s chairwoman Patty Murray said mental health care is an area where the VA cannot afford to fail.
“Especially at a time when we are seeing record suicides among our veterans – we need to meet the veteran’s desire for care with the immediate assurance that it will be provided – and provided quickly,” she told the committee.

A qualified attorney can help veterans make sure they get the proper mental health care from the VA.

James G. Fausone is a Veterans disability lawyer and Veterans attorney with Legal Help for Veterans, PLLC. Learn more at http://www.legalhelpforveterans.com.

Crashes even happen when someone is using a hands-free device, the NTSB noted, as anything that distracts a driver for a few seconds has the potential to cause an accident. Smartphones, tablets, and infotainment devices in vehicles are tempting drivers to multitask while on the road.

“It’s about cognitive distraction,” said NTSB Chairman Deborah Hersman. “It’s about not being engaged at the task at hand. Lives are being lost in the blink of an eye. You can’t take it back, you can’t have a do over, and you can’t rewind.”

Along with NTSB’s recommendation, it encourages states to utilize the NHTSA guidelines for high-visibility enforcement and targeted campaigns to educate drivers about this recommendation, increased enforcement, and penalties drivers could face if caught. Last year, more than 3,000 people died in distracted driving incidents. Being aware of your friend’s latest Facebook post, text, or chatting is not worth risking a life, safe driving advocates say.

The NTSB reports that distracted driving occurs in all modes of transportation. From passenger car drivers, to truckers, and even train engineers and pilots, distractions from phones and other devices have caused deadly accidents. A recent study by the Virginia Tech Transportation Institute shows that the risk of an accident is 163 times more likely when a driver is texting, surfing the Internet, or emailing.

“The data is clear; the time to act is now,” said Hersman. “How many more lives will be lost before we, as a society, change our attitudes about the deadliness of distractions?”

The best prevention against distracted driving accidents is to turn your phone off when you are behind the wheel. This way you are not tempted to use it. If it must stay on, many cellphone providers are starting to provide apps that send callers an “away message” if you are driving. If you are still too curious, lock your phone in the trunk or glove compartment so that it is hard to get to.

Victims of a distracted driving accident do have rights to go after the person that caused the accident. An experienced personal injury attorney can help you get compensation for medical bills, lost wages, pain and suffering, and other related costs. There is no need to suffer alone in silence. This is your opportunity to inform your community about the risk of distracted driving and to help make a difference.

John Hale is a Waxahachie personal injury attorney and Ellis County personal injury lawyer helping injury victims near Dallas, Texas. Learn more at http://www.hale911.com/.

Apprehensions are an important indicator of illegal immigration. About a quarter of the persons CBP apprehended in FY 2011 were already in the FBI’s Integrated Automated Fingerprint Identification System, which is a database of persons with criminal charges or convictions.

CBP’s agents and officers seized about 5 million pounds of narcotics at the country’s ports of entry – a significant increase since last year. The agency also intercepted about $120 million in undeclared currency.

Officers apprehended 8,195 illegal immigrants who were wanted for violent crimes such as murder, assault, rape and robbery. CBP turned away an estimated 215,600 persons attempting to enter the United States for criminal, health or national security reasons.

The agency’s agriculture team seized more than 1.6 million pounds of illegal meat and animal byproducts as well as plant materials. It also nabbed about 183,000 pests at ports.

Among the four states that border Mexico, Texas has the longest border, but Arizona had the border with the most apprehensions in FY 2011. Agents and officers in Arizona apprehended 129,118 persons while CBP in Texas caught 118,911. CBP in Texas seized 1.5 million pounds of drugs and $1.9 million in currency. New Mexico is the most dangerous state to attempt illegal crossings because of its treacherous desert terrain. Its low numbers show it to be an unpopular illegal location with fewer than 7,000 apprehensions.

CBP has significantly increased its presence at the border during the past three years. There were 21,444 Border Patrol agents in FY 2011, 886 more than the year before. The agency had another 20,500 officers working the border.

The agency’s focus on the border includes more than additional “boots on the ground”. CBP has brought in more thermal imaging units, non-intrusive inspection equipment, and more mobile surveillance equipment.

CBP drones now patrol the border from the Gulf of Mexico to the Pacific Ocean helping officers and agents on the ground with intelligence only available from the sky. The aircraft flew about 4,100 hours in FY 2011 and helped to apprehend 467 illegal immigrants and about 7,600 pounds of narcotics.

The agency also enrolled about 290,000 people into the CBP’s Trusted Traveler Program, with the goal of expediting the screening process for low-risk travelers through a series of background checks. Overall, more than 340 million travelers came to the United States in the last fiscal year.

Stewart Rabinowitz is President of Rabinowitz & Rabinowitz, P.C. Mr. Rabinowitz is Board Certified in Immigration and Nationality Law by the Texas Board of Legal Specialization. To contact a Dallas immigration lawyer or Dallas immigration attorney visit Rabinowitzrabinowitz.com

Let’s say you want to do your bathroom in some modern black and white tiles and you like the look of marble. You’d love the most elegant tiles, but before you call a Tampa flooring contractor, figure out a budget. While you may adore marble, it may not be something your budget can handle, in which case you will want to consider other alternatives.

There are so many styles of bathroom wall tiles on the market today, that even if you need to rule out something that is too expensive at the moment, you are bound to find something you love and can afford. If you are having trouble figuring out what would work in your home, when you call a Tampa flooring contractor, ask them for their recommendations. They have been in the business for many years and have done hundreds of bathrooms and kitchens. For sure they will have some great ideas that you can afford.

So let’s get back to the budget. You want to redo the bathroom, but do not want to go broke doing it. Figure out how much you are able to spend and then stick to the budget. Sure, it is always a good thing to have a bit extra, just in case. When you just pick a tile, assume you can pay for it and a then a problem crops up, you could be in a jam.

Once you have a price range in mind, you will need to decide if you are going to install it yourself or line up a Tampa flooring company. Either way, you will not have much of a problem choosing what you want, as the market is full of so many different choices – you could do a thousand bathrooms and still not have run out of choices. By the way, do not let anyone tell you that budget tiles are cheaply made and not durable. That is not the case. For instance, ceramic is a budget tile and it is not only waterproof and durable, but quite beautiful.

Start your search online and if you do not like what you find there, visit some tile stores. No matter what way you choose to shop, you are bound to find something that really makes your kitchen or bathroom look terrific.

Dean Dupre is with Champion Tile, a Clearwater Flooring, Tampa Flooring, and tile installation company. To learn more, visit Champtile.com.

The Federal Workers’ Compensation Modernization and Improvement Act passed the House in November. It is the first time the laws have been overhauled in about 40 years.

The new law would empower the Labor Department to identify those federal employees who work somewhere else illegally while drawing federal workers’ compensation. Social Security Administration earnings data will help the Labor Department see who is “double dipping”.

The big winners in this bill might be federal workers in rural areas who might not have the same access to medical care as their counterparts in urban areas. The new law would allow advanced practice nurses and physician assistants to certify that somebody has been disabled. This provision may help speed up the process for some beneficiaries, according to the Federal Times.

The new law also may streamline claims processes for federal workers who are injured in a combat zone. Injuries and illness caused by terrorist attacks also would be covered as a war risk, according to the Times.

“This legislation will help ensure federal employees have access to a program that reflects the realities of today’s economy and the best practices in medical care,” said Rep. Tim Walberg, R-Mich., who co-sponsored the bill.

In addition to speeding up some claims and cutting down on fraud, the new legislation would expand benefits for federal workers who were killed or severely injured in the line of duty. Survivors would be able to claim up to $6,000 for funeral expenses if the federal employee dies from on-the-job injuries. If an employee is severely disfigured (in the face, head or neck) while on duty, then he or she could be due up to $50,000.

The House bill differs from a Senate bill proposed almost a year ago. The Senate’s version required federal employees and postal employees on workers’ compensation to retire at age 65. The House and Senate bills each have their own unique factors where they think a federal worker’s compensation plan will not discourage the employee from rehabilitation and an eventual return to the workforce. The eventual legislation also must grapple with what to do with employees already on workers’ compensation.

The House is considering legislation that would remove the postal service from the Federal Employees Compensation Act and create a new program for them that would have its own specific guidelines.

Robert Briskman is a Chicago workers’ compensation attorney and Chicago workers’ compensation lawyer with Briskman Briskman & Greenberg. To learn more call 1.877.595.4878 or visit http://www.briskmanandbriskman.com/.

Orlando Sentinel columnist Scott Maxwell analyzed the proposed Florida House and Senate bills in a mid-November article claiming the bill would benefit “…wealthy men who cheat on their wives.”

A pro-reform group called Florida Alimony Reform claims the Sunshine State’s laws are draconian and out-of-touch with modern society. According to the group’s website, “Because of [antiquated] laws and attitudes, it is common for healthy, employed women in their 30s and 40s to receive permanent alimony.”

Versions of the bill were introduced by State Sen. Miguel Diaz de la Portilla of Miami and State Rep. Ritch Workman of Brevard County, both Republicans. Maxwell pointed out in his column that Workman introduced the bill only about a week after his own divorce became final.

The proposed law would dramatically affect family law. HB 549 and SB 748 both have provisions that limit alimony’s duration as a function of the length of the marriage. “Lifetime alimony” is a sticking point among proponents of change. The new law could end alimony upon reaching retirement age and cap alimony at 20 percent of the payer’s income.

Workman admitted in Maxwell’s column that the cap would likely be removed. Some have called it unconstitutional.

The proposed law would allow people currently paying alimony to petition the court to modify their agreement based on the new law and would prohibit the use of a payer’s new spouse’s income as part of a judgment.

Workman told Maxwell the Florida proposal was inspired by and modeled after sweeping reforms passed by the Massachusetts Legislature this past summer. The highlight of the Massachusetts law is limits to the length of time alimony must be paid. But now divorced spouses in Massachusetts can have their payments ended by a judge if they move in with another partner even if they do not get remarried.

The Massachusetts law also has inspired proposed legislation in New Jersey. News outlets including ABC News and the Huffington Post are covering the trend of state alimony reform.

If the Florida bill were to pass with the provision that allows courts to look at previously decided judgments, it opens the doors for many cases to get a fresh look.

Workman told Maxwell he has already reconsidered some parts of the bill. The Florida Legislature begins its 2012 session Jan. 10.

O. Reginald (“Reggie”) Osenton is the Owner and President of Osenton Law Offices, P.A. If you need a Brandon family law attorney, Tampa divorce lawyer, or Tampa divorce attorney, call 813.654.5777 or visit Brandonlawoffice.com.

It is not such a big task to hunt for affordable health insurance quotes online, particularly if you have already found and bought a car or home insurance online. The premise is the same. You provide information to an insurance agent about what you want, what you have for a budget, and what you want for a deductible. This is the same routine you would go through with health insurance. You will need to let them know what you want, what you need, what you can pay and discuss deductibles.

The odd thing is that there are millions of Americans who are living with home and car insurance, because they realize the risks in losing them but they do not have health insurance. It is almost like their health does not matter, and they think nothing will happen to them. The fact is that not having health insurance for anyone in your family is putting everyone at risk. Ask yourself this one simple question: If you got into an accident tomorrow, and that is quite common these days, how would you pay for your medical and other related bills? If you do not have health insurance, you are hurt in more ways than one.

Now here is another fact that many people do not think about – having health insurance saves money. Yes, saves money by helping you cover the bills so you are not paying out 100 percent. Who in this economy can afford to pay out 100 percent on their medical bills? Very few people can do that. If you can afford car and house insurance to protect your investments, then you can afford health insurance to protect your investment in you.

Seriously, with the price of health care, no one can take the chance that they do not have some form of health care to help them pay their medical bills. Remember, even a quick trip to the doctor can cost hundreds, or in some cases, thousands, of dollar. If you have health insurance in place before your visit the doctor, you are covered.

Clelland Green is with Benepath.com, a leader in providing health insurance quotes. Benepath provides individuals, families, and businesses with affordable health insurance quotes in just a few mouse clicks. To learn more, visit http://www.benepath.com.

Injuries and recalls of dangerous toys are down for a number of reasons. New safeguards have limited the use of lead, third-party testing has highlighted problematic toys and the Department of Homeland Security is helping to track shipments leading to more toy seizures. The agency also set tight limits on the use of some phthalates and cadmium.
Toy recalls were down sharply in FY 2011. Only 34 toys were recalled last year – down from 46 in 2010, 50 in 2009 and 172 in 2008, according to a CPSC release.

Toys with small parts, balls and balloons continue to be the most problematic, according to CPSC chairwoman Inez Tenenbaum. Toys that are inappropriate for certain age groups can be deadly. There are about 15 toy-related fatalities every year and half of those are attributed to choking on balls and balloons.

“Strong toy standards support the production of safer toys in the marketplace,” Tenenbaum said. “Parents and toy shoppers also always need to be vigilant by choosing age-appropriate toys and keeping small parts, balls, and balloons out of the hands of young children.”

Deflated balloons should always be discarded immediately. Toys with small parts can be a dangerous choking hazard and should be kept away from children under 3.

Children under 6 years old should be kept away from magnets, which if swallowed can be potentially harmful and possibly fatal, according to the CPSC.

More than 180,000 children under 15-years-old went to the emergency room in 2010 because of toy-related injuries. More than any other toy, non-motorized scooters sent more kids to the ER with lacerations and broken bones, according to the CPSC press release.

Riding toys including scooters, skateboards and in-line skates should be used only with appropriate safety gear like helmets and knee pads. Safety gear should be fitted properly by an adult.

Even though the main gift-giving month is over, the CPSC advises diligence from parents as toys are exchanged or bought with gift cards received during the holidays. Now that parents have a house full of toys, it is important for parents of children of different ages to keep toys separated from younger siblings that can be hurt by them.

Robert Alston is with Alston & Baker, PA. To contact a Zephyrhills personal injury lawyer, Zephyrhills divorce lawyer, or Zephyrhills social security lawyer, call 1.888.500.5245 or visit http://www.alstonbakerlaw.com.

The lawsuit, In-N-Out Burgers vs. Pappas Restaurants alleges that Pappas’ used boomerang arrow signage outside its Houston, Texas airport location. In-N-Out Burgers has more than 260 locations throughout California, Texas, Arizona, Nevada and Utah. They allege that the boomerang logo is closely identified in the marketplace for In-N-Out Burgers and could cause confusion amongst the public. Thus, Pappas’ is allegedly engaging in trademark infringement under federal laws and unfair competition under Texas law, In-N-Out Burgers claims.

Pappas Burger has three burger restaurants in Houston and uses a yellow boomerang that bends with lights similar to In-N-Out’s signage. Case watchers say that the case will come down to how similar the signs are and how much confusion the two signs could have caused. What is interesting is that its logo is more of a baseball-oriented font and feel but the Houston signage does largely use a boomerang.

When companies go after each other for trademark infringement for a sign or logo, it shows that they are concerned about consumers being deceived, confused, or mistaking one company for another. Businesses spend a lot of time and money on signage and logos to have the public associate a set of words and images to their brand. Packaging, advertising, and promotions can also mirror the large-scale logo. Unless there is a partnership or marketing agreement that allows one business to utilize key parts of another’s logo for mutual benefit, trademark infringement can be charged.

An experienced trademark attorney is essential to protecting a logo and associated intellectual property assets. When a problem arises, a company can request a temporary injunction to prevent further harm, amongst other pursuits of resolution. Lost profits and losing part of a customer base can be devastating to a business when a trademark dispute arises. Moreover, in instances where a rival is acting in bad faith or confusion can be proven, monetary awards can be given. Punitive damages and attorney’s fees can also be sought after. Unjust enrichment and deterrence to continue the act of infringement is something that the courts will also look at when deciding a trademark case.

Anthony Spotora is a Los Angeles trademark attorney, Los Angeles intellectual property attorney, and Los Angeles business attorney. To learn more, visit Spotoralaw.com.

The 26-year-old man killed in this accident was out riding his bicycle on a nice day. He was an experienced rider, but that did not help him on that fateful day. The man had nowhere else to go but under a fuel tanker to try and avoid an accident. He would have made it, had the tanker not run over him.

How did something like that happen? The man was riding his bike south in the northbound lanes on a busy avenue. Alongside him was an 18-wheeler from a local fuel company, also traveling south, just about parallel to the bike rider. The trucker suddenly turned into the man’s path as he went to enter a parking lot.

There was nothing the biker could do but try and stop. He did not succeed, and his bike slammed into the tanker, sliding under the truck. A wrongful death? Yes and the young man’s family filed a lawsuit asking for compensation for medical and funeral expenses, pain, suffering and the loss of companionship of their son.

Was there negligence involved in this case? Yes, the trucker turned into the man’s path without taking due care to check his mirrors. After all, he had just been riding side by side with the cyclist minutes before he was killed. Was there something going on in the truck’s cab? There may have been, and only an investigation will tell. The trucker may have been texting, talking on a cell phone or leaning over to pick up papers on the floor of the cab.

What is painfully clear is that the family left behind is beside themselves with grief. Their son just went for a bike ride. They did not expect that they would never see him alive again. Filing a wrongful death lawsuit is one way to bring closure and move forward with their lives. Often people think wrongful death lawsuits are about revenge. They are not. They are more often than not about a family wanting to make sure a similar incident does not happen to someone else.

The family’s pain and shock often translates into concern for the welfare of others, not their own financial gain. In many cases such as this, though, there is often insurance money on the table, and the trucking company would be insured. Working in partnership with an experienced Austin personal injury lawyer would assist the family in facing the challenges to come as their case makes its way through the courts.

Never hesitate to contact an Austin personal injury lawyer if you find yourself involved in a situation like this. You need to know your legal rights, what constitutes a wrongful death, how compensation is awarded, and what to expect while you are waiting for a judgment.

Brooks Schuelke is an Austin personal injury attorney with Perlmutter & Schuelke LLP. Contact an Austin injury lawyer at Civtrial.com or (512) 476-4944.

Here we are, how many years past the initial proclamation that immigration reform was just around the corner, and we still have not turned the corner. Either it is a very contentious battle or someone cannot get their act together. Frankly, most people would opt for number two – someone cannot get their act together. Evidently, no matter what politicians say, their actions speak louder than their words.

They say what one part of the electorate wants to hear. Then they do what the other part of the electorate wants them to do. To say that would likely result in mixed metaphors, inaction, and stalling tactics would be a major understatement.

If you want to see whiplash in action, try listening to some of the pre-campaign rhetoric. It is truly amazing, if only it were true. For example, Newt Gingrich once said he endorsed an individual mandate for health reform. He dropped that position after the “HillaryCare” debates in the 1990s. Interestingly enough, Obama picked up that same position and ran with it. Look what we don’t have now.

Gingrich’s remarks on immigration enforcement, which summed up in its entirety goes like this: if you are in the U.S. now, with no ties to the country, go home. If you have ties, pay taxes and obey the laws, we will not forcefully boot you out. Really? Then what has been happening over the last few years that caused the government to proudly boast about its increased deportations? Have the ICE raids stopped?

Being that this is such a political issue, those remarks lit a fire. Mitt Romney said Gingrich was, in essence, trolling for more illegal immigrations. Michele Bachmann said he was advocating amnesty for everyone, and Rick Perry, who really should remain nameless for his recent series of blunders relating to the DREAM Act, said secure borders were the ticket.

Anyone know where Newt sits now? Not really, which might be just the way he wanted it to come off. After all, he really only said that the first step in immigration reform needed to start with controlling the border. Well alright then, that means securing over 11 million illegal immigrants inside the United States. What then? Newt says be discrete about applying deportation, and do not hand out blanket forgiveness.

This is actually plain old common sense. In other words, this is nothing new, and continues more of the same old policy just articulated a slightly different way. This may mean the 2012 election should elect candidates that espouse the principals of common sense. It is rather doubtful that this would work, which still leaves immigration reform up in the air.

Most illegal immigrants will eventually leave under their own steam if they’ve got the money. That is already happening in this dismal economy. And if push comes to shove, most prosecutors would rather deport the bad guys who are a threat, not the ones who make an effort to contribute to the community. And most Americans? What do they want?

From recent polls, it seems 42 percent favor a balanced approach between border enforcement and a path to legalization. On the other hand, 36 percent want to see the enforcement model – period. In other words, right down the middle and in balance is what the solution seems to be. Let’s see if that position gets elected in 2012.

Sally Odell – Rifkin & Fox-Isicoff, PA is an immigration lawyer in Miami with immigration law offices in Orlando and Miami Florida. To learn more, visit http://www.rifkinandfoxisicoff.com.

A mediator will provide guidance to reach a resolution on the issues that still need to be worked out. They bring critical negotiation skills to listen to each party’s interests and concerns, and then help to find a common resolution that each person can agree to. The mediator is a neutral party, and oftentimes an attorney, so they will be able to provide you with a background of what is legally permissible. When an impasse is reached or negativity stalls progress, the mediator knows how to get the conversation back on track. For some couples this means not doing the mediation all in one day. But in two to three sessions, you can resolve all the big priorities of the dissolution.

It is important for you to know what your future needs are so that child support, spousal support, and the division of assets and debts are done to help you find as stable of a future as possible. What many people like about mediation is that it allows you to express your values and opinions. A litigated divorce, in contrast, follows a more strict formula and what some call a “one size fits all” approach. Mediation is more sensible for two adults who can be in the same room together and hash out the details. You can take into account the budgets you live with everyday and the future needs you and the kids will have. Mediators also know how to look for tax savings and alternative settlement options to increase the chances of financial stability post-divorce.

Couples who have been through a mediated divorce say that it is far better to have the two people who intimately know their finances and assets decide how to dissolve the marriage versus a judge or pair of attorneys. At the end of the mediation process, a final divorce settlement will be created and approved by the courts. Months down the road, you will thank yourself for doing mediation. The money you saved can go towards the kids, a savings or emergency fund, or establishing yourself in a new home.

Gerald A. Maggio is an Orange
County divorce attorney, in Irvine, California. To learn more about Orange County divorce lawyer, Gerald A. Maggio, visit Maggiolawfirm.com.

“Sequential compression devices can be great for many patients who cannot walk or get around much in the first few weeks,” said Greg Grambor, president of Vascular PRN, which helps healthcare professionals nationwide fill prescriptions for SCDs and IPCs. “Patients should talk to their doctor about their risk for a blood clot, find out if mechanical compression is good for them, and be proactive before the day of the surgery.”

The American Journal of Surgery notes that compression therapy devices can lessen the chances of DVT post-surgery by 60 percent. Many patients get mechanical compression therapy devices along with medicine to help prevent blood clots. Knee and hip surgery carry a higher risk of blood clots, so patients should be prepared when they have these types of surgeries to address any concerns ahead of time.

“Blood vessels can get damaged during surgery and when you are restricted to bed rest, SCDs can help blood flow from the superficial veins to the deep veins,” said Grambor. “The devices are comfortable and there are some choices depending on how portable you want the compression therapy system to be.”

Vascular PRN is known for its full line of sequential mechanical compression devices for the full leg, calf, and foot. To learn more about renting or buying a Sequential Compression Device, SCD boots, or Lymphedema boots visit http://www.vascularprn.com/ or call 800.886.4331.

Sure, you could cold call if you really wanted to do that and it worked well for you. However, to be honest not a lot of insurance agents have the time it takes to cold call. Agents want returns immediately, and customers want insurance right away when they make the decision to buy. The faster, most reliable way to grow your business is to use life insurance leads.

We do not mean just any old life insurance leads, like the ones being offered for free on the Internet. Really? Free? There is no such thing in life as a free lead. So if you really want to ensure your insurance business is growing, then you need to invest in pre-qualified, real-time life insurance leads. This is the key to your success. Why? Because the leads you buy are leads that are expecting you to call. In other words, you have a captive audience.

This is not to say that people cannot change their minds, but they often don’t if they have gone as far as asking for an agent to call them with information. It is yours to work and land the sale. Know your material, know your policies, know how to answer questions and be personable and helpful on the phone, and you can virtually count on a policy purchase.

Where do you find life insurance leads that pay off for you? By contacting Benepath.net. They are just one click away.
They have been in the business for years and they definitely know what a good lead is and how to handle them. If they didn’t, they would not be selling them to you. It only takes seconds to check them out and get signed up for solid, reliable, pre-qualified and real time life insurance leads. And guess what? You will “not” be competing with any other agent for those leads, not like some places that sell supposedly exclusive life insurance leads that turn out to have been worked over already before you even see them.

No sense wasting money that won’t give you a return on your investment is there? With Benepath.net you get accurate and qualified leads; leads that make a closed sale. You can choose your demographics – seniors or younger individuals. Then choose your geographic area, your local community, your state or other states. In short, you can pre-select the criteria for your life insurance leads. In other words, you have the control.

Remember, you want buyers and not shoppers, people who want various kinds of coverage and people ready to buy. By dealing with Benepath.net, you get precisely what you want and need to make a sale, whether that is a family wanting coverage, the ability to pay for a funeral (just in case) or the ability to fund a child’s education.

The good news is that there are literally millions of Americans who need their first insurance policy and even more who need additional coverage, but do not have a clue where to look for help. The thing is, lots of people just do not know how to look for what they need. They want what they need fast, but do not want to spend the time hunting. This is where you come in. With life insurance leads, you have the answers to the questions they have not even asked yet; a sort of Johnny-on-the-spot, who can help them get what they want, when they want it.

Clelland Green is with Benepath.net, a leader in providing health insurance leads. Benepath provides agents with exclusive health insurance leads and Medicare leads in just a few mouse clicks. To learn more, visit http://www.benepath.net.

It was not that long ago that Illinois decided to post doctor disciplinary records online, and let the public know about their profiles and convictions. The public loves it, and it has had more than 750,000 visitors since it went live in October 2011. However, there is a word of caution necessary here, and that is that some profiles are missing important information.

Close to 85 percent of the medical health professionals on the site, including chiropractors and doctors, have their information up there for the world to see and read. This information includes if they paid on a medical malpractice claim within the last five years, if they were convicted of a felony or Class A misdemeanor, or were fired. The state wants to eventually increase the time period to 10 years to provide a broader picture of the medical practitioner’s history.

While this sounds like good information to know, particularly if you want to see a certain doctor, you should be aware that all the profiles are not complete. An example is one chiropractor that did not have the information on his profile about his 2007 conviction for battery of a patient. In other words, if the system is self-reporting and on a doctor’s honor, it appears there may be some holes the size of a truck in it. On the other hand, should the system be mandatory, that may well change how things are reported.

Health care institutions and insurance companies are bound to report actions taken against doctors or payments they made for medical malpractice. However, criminal convictions are another can of worms. Not many choose to report those on a voluntary basis, even though it is required by law, and trying to search the hundreds of county courts for conviction records is a mind-numbing task.

The good news is that too has changed, as Illinois has once again taken a side on the issue and passed a new state law that all health professionals convicted of battery of patients, forcible felonies or sex crimes, should have their licenses revoked permanently. This hard-nosed attitude has prosecutors and state regulators talking to one another on a more regular basis.

New Hampshire could surely use something similar, don’t you think? A registry like this would be extremely beneficial for a Manchester medical malpractice lawyer building a case for a client. It would save time and man hours tracking it down.
Even though patients would make use of such a tool, its potential for a Manchester medical malpractice lawyer is significant. If a lawyer can help his client by using information that is readily available, he saves the client money, and the case may move forward even faster. What is discovered online might not be admissible at trial, but it is helpful to know who you are dealing with, and ultimately, the information may be used as leverage in negotiating a settlement.

Charlie Donahue is a New Hampshire personal injury lawyer located in Keene. Donahue handles injury cases in New Hampshire and across the United States. To learn more about New Hampshire injury attorney, Charlie Donahue, visit Donahuelawfirm.com.

Truck drivers suffer more than 16 percent of all transportation fatalities in the United States, according to a 2009 survey.

Proper truck cabin design can impact highway safety by making the road more visible to the driver and making the controls easier to reach. For the driver, increased seat belt comfort means professional drivers will be more likely to use the safety harness and will be safer in the event of an accident.

The CDC report calls on truck companies to consider the diversity of the professional driver workforce as they design new truck cabs. “As the truck manufacturing industry moves forward to design the next generation of truck cabs, there is a pressing need for up-to-date information on the body dimensions of U.S. truck drivers,” the report reads.

Until recently, truck manufacturers had been using truck driver body dimension data from 1980 to help design the drivers’ workspace. The industry has diversified in the 30 years since that data was collected and the CDC hopes manufacturers will consider women and new ethnic groups that have made careers in professional driving.

Researchers with the National Institute for Occupational Safety and Health recently completed a four-year study in which they measured more than 30 body dimensions of about 2,000 professional drivers across the country. Not surprisingly, the results showed that the size and shape of the American truck driver has changed significantly in the past 30 years.

NIOSH shared the results of the study with the trucking industry and already three parts suppliers and four truck manufacturers have used the data to improve design. The information is helping to design trucks with easier entry, more comfortable seat belts and better visibility, according to a press release from the CDC.

RAMSIS, a design software company, is updating its product line with the new data to help the entire industry. The Society for Automotive Engineers confirmed that it is updating truck cab standards based on the information gathered in the body dimension study.

All of these changes are positive steps for highway safety. As of 2009, about 1.5 million people were employed as professional drivers of heavy trucks and tractor trailers, according to the CDC. Among those professionals, almost two-thirds complained that the seat belts in their trucks were uncomfortable, according to the study. About a third of all collisions involving trucks happened because of a blind spot in the vehicle. A truck designed for comfort and utility is a safer truck and makes the highway a safer place for the professional driver and others on the road.

Truck drivers who are suffering from serious injuries should consult a skilled truck accident attorney to help get compensation for medical bills, pain and suffering, and lost wages.

Paul Greenberg is a Chicago truck accident lawyer and Chicago truck accident attorney with Briskman Briskman & Greenberg. To learn more call 1.877.595.4878 or visit http://www.briskmanandbriskman.com/.

Florida has six bills up for consideration this session that target distracted drivers. There are currently no Florida laws that restrict using smartphones or talking on a mobile device while driving. Some Florida lawmakers would like to change that.

Senate Bill 416 would make it illegal to text, check email or have instant message conversations while driving, but would make it ok while sitting at a stop light. A first offense would be a non-moving violation and would result in a $30 fine. Subsequent infractions within five years would result in a moving violation, a fine of $60 and three points deducted from the driver’s license, according to handsfreeinfo.com.

Another bill being considered in the Florida Senate deals with driver’s education. Senate Bill 122 would require driving schools to include curriculum on the risks of driving while distracted.

Senate Bill 930 also would require distracted driver information in driver’s education classes. SB930 goes one step further and bans all use of portable electronic devices by drivers 18 years old and younger, and violations are punishable by a driver’s license suspension.

The Florida House of Representatives has a few distracted driving laws being considered in this session too. House Bill 299 is similar to SB 416 above, but would add a strong penalty if a driver causes an accident while using a handheld electronic device.

School bus drivers get called out specifically in House Bill 187. They would not be allowed to text or call while driving a bus. This bill also would ban drivers 18 and younger from using portable electronic devices while on the road.

Finally, House Bill 39 would create a designated official to whom a person charged with using a handheld device during a traffic offense would have to appear. That official would dole out a fine depending on the severity of the infraction.

Unfortunately, according to Hands Free Info the chances are slim that any of these bills would become law. Many lawmakers are against such legislation and Gov. Rick Scott vetoed a distracted driving bill last year that would have required driving schools to teach about the dangers of operating a vehicle while using electronic devices.

Resistance to Florida bills that would make distracted driving illegal come in many forms, but some lawmakers say it represents a government overreach to tell drivers what they can do in their cars. Across the country, 35 states have passed laws regulating distracted driving.

Vincent Payne is with Florida auto insurance company and Florida car insurance company, AGIC. To get a quote or learn more visit www.agicinsurance.com.

No one wants to hear that there are more accidents every year on the highways involving semis. Unfortunately, though, it is a hard, cold fact. In 2010 alone, close to 500,000 commercial trucks were in wrecks in the U.S. That overall figure includes at least 100,000 injuries and more than 5,000 deaths. In 2009, there were only 3,200 fatalities, says the Insurance Institute for Highway Safety.

If these figures were not dismal enough on their own, the Institute predicts an increase in commercial trucks on the roadways by 20 percent by 2012. You do not have to think too hard about what that means in terms of accident statistics. What causes trucking accidents?

This is a question that many people ask when they see this kind of a wreck; the same question hundreds of police officers, lawyers and victims ask in the ugly aftermath of this kind of accident. Interestingly, and not an astounding surprise, the biggest issue in big rig accidents can be traced directly to the behavior of the trucker. If you are interested in finding out more information on this issue, do an online search for the results of the Large Truck Causation Crash Study.

This particular study closely examined 120,000 18-wheeler accidents between 2001 and 2003, ultimately selecting 963 that involved a large truck and one passenger vehicle. The 963 crashes included 243 deaths and 1,654 injuries. As a part of this study, the timing and what was happening at the moment the inevitable crash took place was put under a microscope. The conclusion? That there were at least three catalysts for the wrecks:
- The big rig drifted out of the travel lane and either went into another lane, or off the road entirely
- The trucker lost control of the rig
- The truck rear-ended another vehicle in the truck’s path

The study went several steps beyond these initial classifications and identified the critical event, or cause, of an accident: the trucker, the vehicle and the environment. One could likely surmise that an accident could also be caused by all three of the critical events at the same time.

What do all these events have in common? The driver. Thus the study broke out the driver category into other classifications that included:
- The driver was impaired in some way, physically or mentally, i.e. alcohol or sleep deprivation
- The driver was inattentive or distracted
- The driver made a poor decision
- The driver did something like overcompensating after a turn

The statistics are very clear, and the researchers concluded that truckers were at fault at least 55 percent of the time, which is a frightening conclusion. That means your life is in the hands of the person behind the wheel of an 80,000 pound behemoth, and you had better hope they make the right decisions to keep that rig on the road.

18-wheeler wrecks can be catastrophic. There is no other word to describe them. Their impact on people’s lives is never-ending, often fatal, and if a victim survives, their life is often altered in unimaginable and devastating ways. This is the main reason you need qualified legal counsel to handle your personal injury case. Without the assistance of a skilled Atlanta personal injury lawyer, you may not get the compensation you need to live out the rest of your life.

Do you want to take the chance of trying to deal with an insurance company on your own when an Atlanta personal injury lawyer knows how to handle them and get you the compensation you need to live? If you have been in a big-rig truck accident, do not second guess your future. Call an Atlanta personal injury lawyer right away.

Tim Anderson writes for Atlanta Personal Injury attorney, Stephen M. Ozcomert. The firm specializes in personal injury, malpractice, motorcycle accidents, and wrongful death. To learn more about Atlanta personal injury lawyer, Stephen M. Ozcomert, visit Ozcomert.com.

This has got to be one of the most bizarre cases we have ever heard about. A U-Haul truck was moving around in the tailgating area at the Yale Bowl, hauling beer. Nothing was really out of the ordinary there, but for the fact that the truck ran over a woman, killing her. For some unknown reason, the truck suddenly accelerated, rolling over the hapless victim and two others, and subsequently smashing into other U-Haul vans in the same lot.

The 30-year-old woman received CPR from emergency responders, and was taken to the nearest hospital for care. Unfortunately, she died shortly after arriving. Both other injured women, hit by the same truck, were also taken to hospital. One victim sustained broken bones and was listed in serious, but stable condition. The third person was treated and released.

Police at the scene administered a field sobriety test to the U-Haul driver and discovered that he was not under the influence of alcohol. Whether he had been texting, talking on a cell phone, not paying attention to where he was going, or the vehicle had a mechanical glitch remains to be seen as the investigation proceeds.

Do the victims have causes of action? Yes. The dead woman’s family may wish to file a wrongful death lawsuit, and the two other victims might want to file personal injury lawsuits. In any of these scenarios, those filing a lawsuit will be cash strapped and wondering what they are going to do to pay their medical and other bills.

It is not unusual for the family of a deceased victim or those injured in an accident to find themselves facing a serious gap in their financial situation. Being without funds is indeed a tremendous financial hardship. Furthermore, waiting for a lawsuit to reach a settlement or conclude in a court verdict may take many months, if not years, making the financial situation even more dismal. The good news is that litigation funding can help.

A litigation funding company offers lawsuit funding. It is a cash advance for the plaintiff that they may apply for, and once approved, receive in advance of a pending settlement or jury verdict. With pre-settlement funding in the bank, the victim can pay medical expenses, therapy, medications and any other financial obligations. There is no need to suffer financial hardship when lawsuit loans are available.

Daren Monroe writes for Litigation Funding Corp. To learn more about lawsuit funding and litigation funding, visit Litigationfundingcorp.com.

It is widely speculated that fraud rings exist in Florida that stage accidents to take advantage of the state’s no-fault insurance system that requires drivers to carry $10,000 in personal injury protection.

Florida is No. 1 in the country in questionable claims linked to staged accidents, according to the National Insurance Crime Bureau.

The Florida Office of Insurance Regulation reports that auto insurance fraud costs small businesses and consumers about $1 billion annually. Insurance fraud and the resultant high rates can be especially tough on small businesses that have fleet vehicles and multiple drivers.

The Florida Chamber of Commerce has taken up the issue as an important part of the group’s lobbying efforts for 2012. The Tallahassee Democrat reports that the Chamber has a history of pushing for and getting needed insurance reforms. About 10 years ago, the Chamber’s advocacy efforts helped secure legislative changes to the workers’ compensation insurance rules.

The challenge for the governor and the legislature is to cut down on the fraud without a complete overhaul of the system. Florida’s no-fault auto insurance system was started in 1972, according to Florida Today. It came to be as a way to combat frivolous lawsuits and help people pay their medical bills more quickly after an accident.

Someone legitimately injured in an automobile accident would go through the $10,000 in personal injury protection quickly with only a ride in the ambulance and a trip to the emergency room. Reform advocates claim that lightly injured wreck victims are used by fraud agents to take the $10,000 from the insurance company and sometimes the wreck victims even get a cut of the cash.

State Chief Financial Officer Jeff Atwater has been blunt about what he sees going on in Florida. “Honest consumers are footing the bill for fake procedures at fake clinics,” he said in Florida Today.

The business reform advocates want to see a few significant changes to the law. They hope to give insurance companies more time than the current 30 days to investigate claims they suspect might be fraud. They want to cap lawyer’s fees and they want insurance companies to be able to inspect the medical clinics some think are committing the fraud.

Milla Tawnie writes for Orlando auto insurance and Orlando home insurance agency, the Florida Insurance Group. To learn more or to get auto and home insurance quotes, visit FloridaInsurance.com.

And death came calling in this case when a drunk driver sped right through a red light, slamming into a 2004 silver Pontiac. The drunk was driving a 2011 black Hyundai that looked amazingly small and insignificant in the aftermath of the wreck. It was almost hard to believe that it caused the damage it did, although at the speed the driver was doing, perhaps it was not so unusual.

The force of the impact caved in the driver’s side of the Pontiac; an impact that shoved both vehicles at least 150 feet or more from the center of the intersection. The Pontiac driver was dead at the scene. The Hyundai driver would be charged with speeding and driving while under the influence. Wrongful death? Yes. Criminal charges? Yes.

In this instance, the criminal charges would take precedence over the civil suit, which is not to say that a civil suit could not be filed and go to court after the criminal case. You just need to keep in mind that the way a case is proved in civil court is different than in a criminal court. In criminal cases, proof must be beyond a reasonable doubt, in civil cases it is judged on a balance of probabilities.

It is highly likely that the victim’s family would want to discuss the situation with a competent personal injury lawyer. No one should face something like this wreck alone and wondering how they will carry on with their lives.

If you have been in a collision like this, involving a drunk driver or a reckless one, and have sustained serious injuries, you will want to make contact with an Austin personal injury lawyer. Find out right away what your legal rights are, how to file a case, what to expect when you move forward and what your Austin personal injury lawyer does to protect your rights. It is a call well worth making.

Do not wait to contact an experienced lawyer, as there is something called the statue of limitations that, if you miss filing your claim in time, means that you no longer have the right to file a case against the defendant. If you have suffered serious, debilitating injuries, you will need compensation to care for yourself for the rest of your life.

Do not rely on insurance companies to help you settle a claim. Their only reason for talking to you is to get you to settle quickly and cheaply. More often than not, your injuries are worth more than an insurance company will admit. When an experienced lawyer handles the insurance company you do not get worked over.

Robert W. Lee is an Austin personal injury lawyer for The Lee Law Firm. If you need an Austin personal injury lawyer, contact an Austin personal injury attorney from The Lee Law Firm. Visit RWLeelaw.com.

In order to preserve Silicon Valley’s reputation as the world’s leader in technology innovation, Blueseed is building a Visa-free offshore technology incubator.

The company wants to “…enable countless great ideas and talented individuals to test themselves in the hotbed of Silicon Valley,” according to the Blueseed website. “With our incubator, startups and individuals will also get a chance to establish the connections and capital necessary to move their operations onto land if they so choose.”

The Blueseed team is responding to an American legal immigration policy that leaves many international technology workers on the outside looking in when American companies could be hiring them and creating more jobs.

The U.S. government gives out about 140,000 visas every year to skilled workers from other countries. The State Department restricts those H-1B visas so that no more than seven percent of that 140,000 can come from any specific country. This means workers from countries like India and China get just as many employment-based visas as workers from Iceland and Greenland.

The year’s supply of H-1B visas is regularly taken in the first couple of months into the fiscal year.

There are bills under consideration in Congress that would lift some of those restrictions and make it marginally easier for skilled workers to come to American technology companies.

But Blueseed is not going to wait and see. In an interview with ARS Technia, Blueseed CEO Max Marty, a son of Cuban immigrants, admitted that it would be better if the United States just updated and modernized its policy.

While trying to benefit from inadequacies in U.S. immigration law, Blueseed also will need to depend on the State Department’s generosity. Part of the company’s sales pitch is that entrepreneurs would be able to make frequent trips using B-1 visas that allow international businesspeople to come to the United States for training, conferences and even meetings, according to ARS Technia.

The next step for the company is to raise money to finance the ship, as its projected 300-person crew and interior would make it feel like an office. Blueseed announced in late November that Paypal founder Peter Thiel will lead the company’s seed financing round.

The Blueseed vessel would be parked about 12 nautical miles from Half Moon Bay – south of San Francisco and west of Palo Alto, Calif.

A. Banerjee is a Houston immigration lawyer in Texas. Before selecting an immigration lawyer in Houston Texas, contact the Law Offices of Annie Banerjee by visiting their information filled web site at http://www.visatous.com.

For those that may be considering selling their home in the near future, having tiled walls makes good resale sense. Thus, for homes with kitchens and bathrooms without wall tiles, it may be a smart idea to invest in getting those walls tiled to preserve them. There is nothing worse than a damp wall that has never dried out over the years and then one day, someone goes to hang a picture or something else, and a portion of the wall crumbles. “Why leave it until it is too late to do a credible repair job on the wall,” says Dupre, “when you can be proactive and deal with it before it becomes a problem later?”

The good news is that even if the bathroom is not tiled, the tiles needed to accomplish the job are not that expensive. “Usually, you’ll find ceramic tiles in a bathroom, and they are not that pricey,” Dupre commented, “plus they have such a wide variety of colors, styles and themes, that everyone can find something they like for a reasonable price.”

Other choices on the market are natural stone tiles, which have an intrinsic beauty and durability. Stone tiles look very appealing on floors and walls, and in some cases, are a better choice for a bathroom or kitchen depending on the amount of traffic each room gets. For those families with kids and animals, stone tiles may be the better choice.

“The interesting thing about tiles is that they were used extensively in ancient Egypt to dress up the interior of various buildings and residences. Their appeal has not diminished over the centuries, and they are still a popular choice for today’s homeowners,” Dupre said. History shows that thatched roofing was eventually replaced by ceramic roof tiles. Soon, someone discovered that glazing those same tiles made them even more appealing, because they repelled moisture.

“For a little bit of ancient Egypt in your bathroom or kitchen, you might want to choose glazed ceramic tiles and have a blast figuring out what pattern suits your tastes. Home renovations are a lot of fun when you get to play with patterns, textures and colors,” added Dupre.

To learn more, visit http://www.champtile.com.

It is a grand idea to make sure everyone in America has a health insurance plan. Even just saying those words brings a thrill of expectation to the millions without health insurance. Question: will there really be affordable health insurance in 2014? Will the states have plans available subsidized by the government? Will the states and the government be able to afford this new arrangement?

These are all good questions, but no one seems to really have an answer. Many feel it makes sense to allow everyone the chance to access affordable health insurance, but they are dead set against the bill for a variety of reasons with the major one being the fine. It is hard to imagine being fined because you do not have a health insurance policy, but that is the idea. If you do not have health insurance in 2014 you will be fined. This will apply whether or not you can afford it or if you choose not to have it.

Those who remain uninsured because they choose to be uninsured, are often people who do not want to pay any extra costs relating to insurance, even they may be able to cover the expense of an affordable health insurance plan. These individuals feel it is their right to choose what works for them, and the government has no business dictating what they should do. If the reform provisions are still in place by 2014, if you have not found an affordable health insurance plan by then, you will be fined every year.

Consider this: no matter what you do, buy health insurance or not, you will still face extra costs for health care by the time 2014 rolls around. How so? As it stands today, most families are unable to squeeze an extra amount of money out of their budget to get health insurance. By 2014, those same families will be forced to have insurance or forced to deal with the costs of not being insured. If you want some control over your choice of health insurance, now is the time to find something that works for you and your family.

There is one other thought you might want to think about, and that is what kind of coverage will be in the state plan. Who knows? Acting now will ensure you have a policy you choose with the coverage you want and need.

Clelland Green is with Benepath.com, a leader in providing health insurance quotes. Benepath provides individuals, families, and businesses with affordable health insurance quotes in just a few mouse clicks. To learn more, visit http://www.benepath.com.

American manufacturers and importers are now required to test and certify their children’s products with a third party to ensure compliance, according to a release from the CPSC.

The new rules mean that companies must submit a representative sample of each product for testing, both randomly and if there is a material change in a product. A material change might be a new product design, an upgraded manufacturing process, or even a new source of component parts. If any of these changes have occurred, the product must be resubmitted to the third party testing agency for recertification.

If a product fails the testing process, the manufacturer will have to address the problems with the product. The CPSC also addressed influence in its new rules. Independent, third party product testers will need to be approved by the CPSC to avoid undue influence by the manufacturers.

Manufacturers may rely on component part testing by suppliers to meet the testing requirements, according to the new rules. This relieves some of the burden the new rules could impose on the companies.

Companies will need to keep records of the testing on file for five years. Children’s product manufacturers were already required to do initial testing on many products, including those with small parts, cribs, children’s jewelry and pacifiers.

The Toy Industry Association worked closely with the CPSC while the agency was crafting the rules. “The CPSC has been responsive to toy industry comments while developing its ruling on third party testing, and the toy industry is pleased with the improvements that have been made,” said Ed Desmond, executive vice president of external affairs at the TIA.

Children’s products in compliance with the new law may carry a physical label that reads: “Meets CPSC Safety Requirements”, but labeling is voluntary. The agency is also moving forward with a proposed change in the rules that affects representative samples. If passed, this proposal would allow firms to use product samples in the periodic testing process that the company knows to be representative of the product since it was last tested.

Industry standards help regulate the process so that consumers and parents can expect safety in products manufactured for use by children. The rules also benefit manufacturers who can trust that their supply chain has to meet standards that will keep their products compliant with the CPSC’s rules.

Parents and families who are concerned about child injuries due to defective products and toys should consult a skilled injury attorney.

Robert Briskman is a Chicago personal injury lawyer and Chicago personal injury attorney with Briskman Briskman & Greenberg. To learn more call 1.877.595.4878 or visit http://www.briskmanandbriskman.com/.

In the early 2000s, the American Venous Forum conducted a study showing how portable pneumatic compression devices helped improve compliance and, in time, would lessen the chances of DVT. As we enter into 2012, the latest in portable DVT care is the Polygel Ca5 DVTCare System. At the size of a book and one pound to carry in the over-the-shoulder case, the system is easy to use. Plus the battery works for 15 hours for single-leg therapy and 8 hours for dual-leg therapy.

So now when patients need to get out of bed, get transferred from the OR or ER to their hospital room, patient compliance can improve. The patient can wear it as he or she is getting radiographic studies, physical therapy, or other procedures. Compliance goes up, the device is easier to function in different settings, and the chances of DVT and blood clots goes down. As the study showed with a portable device, “…to be effective, they (devices) must be in use continuously; there is no effect that lasts beyond the time they are applied and functioning on the legs.”

Health care professionals will also have peace of mind that the functionality is the same as plug-in devices. The Polygel Ca5 DVTCare System has two segmented cuffs, wraps around the legs, and compresses veins to promote blood flow. The cuffs are comfortable and can be hand washed as needed.

As the previous American Venous Forum study showed, some medical professionals are concerned about the risk of bleeding in the early stages after an injury. Portable pneumatic compression devices can last for a long time and give everyone peace of mind that they are taking a proactive approach. And after a daylong worth of use, it can be plugged in and still used. Within 3.5 hours it is completely recharged again.

For the hospital setting, these devices can offer far more compliance than standard compression devices and thus are becoming more commonplace for doctors to prescribe. Portable devices can also be prescribed by the doctor for the home setting, as the system is made to be on the go.

To learn more about a Polygel Ca5 DVTCare System, pneumatic compression device, or Lymphedema boots, visit http://www.vascularprn.com/ or call 800.886.4331.

Although many people think that a plaintiff always wins a medical malpractice suit that is not always the case. For this reason, if you think you have a medical malpractice case, get an honest opinion from a Manchester medical malpractice lawyer about your chances of success. The advice is free, and you will find out right away if the case may not be worth pursuing, or conversely, if the case is worth pursuing.

What many do not understand is that a bad result with a medical professional does not necessarily mean there was medical malpractice. A Manchester medical malpractice lawyer is able to explain the differences, should there be a question about your situation. It is always smart to speak to an experienced lawyer though, to get the peace of mind in knowing if there is a case or not.

This story is about a woman in the third trimester of pregnancy. She went to a local chiropractor complaining of lower back pain. The doctor suggested a pelvic adjustment.

As a result of that pelvic adjustment, the plaintiff filed a lawsuit, alleging that her now chronic pain was caused by the doctor. Was it? Or was there a pre-existing medical condition? Those two questions were put to the trial jury, and they found that the doctor had been negligent in the care of the plaintiff in 2007. But that was not the reason why she had chronic pain. In other words, the verdict was for the defendant and the plaintiff did not receive compensation of any kind.

During the course of the trial, it was revealed that the plaintiff had difficulties with lower back pain that happened to the woman even before the pelvic adjustment she received just seven weeks before giving birth. In fact, her lower back pain and joint pain had been treated since the plaintiff was five years old, which makes one wonder whether or not the chiropractic treatments were the cause of the continuing pain.

For two years prior to her appointment with the doctor in this case, she had been for treatments 19 times for a variety of symptoms, including back pain, neurological difficulties, fatigue, depression and flank pain. On consideration of the evidence, the jury felt the pain was not caused by the doctor’s treatment; this was despite the plaintiff’s expert suggesting the chiropractor should not have done a high force adjustment on a patient who was seven months pregnant.

In the final analysis, the jury made up their minds on how they viewed the facts and evidence in the case. In this instance, the jury felt the doctor did not cause the woman’s chronic pain and chose to believe the evidence of the defendant’s expert witness. Often this is what happens at medical malpractice trials – dueling expert witnesses give their opinions for the jury to pick and choose who they believe. Who is right? Who is wrong? Or is the answer somewhere in the middle?

Without the expert legal counsel of a Manchester medical malpractice attorney, a case like this could be very confusing for the plaintiff. They may think they have a case, and indeed, in this story, the plaintiff’s lawyer thought she had a case as well. But when the jury considered the evidence, as in other medical malpractice cases, the opposing side made an impact.

A skilled attorney knows what plays to a jury and what does not. He is also responsible for fully explaining what the trial process is all about. Seek the experienced legal advice you will need if you need a Manchester medical malpractice lawyer. He will outline your rights and what to expect as you move forward. He will also let you know why some medical errors are not medical negligence.

Charlie Donahue is a New Hampshire personal injury lawyer located in Keene. Donahue handles injury cases in New Hampshire and across the United States. To learn more about New Hampshire injury attorney, Charlie Donahue, visit Donahuelawfirm.com.

You have to start someplace when it comes to selling life insurance. Many agents, in the industry for a number of years, likely slogged along by cold calling. It is a tough way to get business, but it does work if you have the time and patience to do it that way. And if you really want to work cold leads, by all means do so. However, you do not have to cold call when you can buy exclusive life insurance leads that will actually get you business.

Imagine getting exclusive life insurance leads in real time, pre-qualified and are waiting to hear from you. That is an insurance agent’s dream, and it can be a reality. You just need to make sure that what you are buying is the real deal and not some collection of over-worked leads that others have already jumped on and worked into the ground. They do not provide you with a return on your investment and are therefore a complete waste of money. Think smart, and only choose leads that provide your business with value, which means sales.

What do you need to think about when it comes to sourcing exclusive life insurance leads? The main thing to focus on is whether or not the leads you are considering are pre-qualified. Would you waste time on calling someone who would rather go for a root canal than talk to a life insurance agent? No, you would not. Therefore before you spend good money to buy leads, check to see if they are genuinely exclusive to you only and are pre-qualified. If you stick to Benepath.net’s exclusive life insurance leads, you won’t have to look any further.

In other words, if you stick with an established insurance company with a good reputation, your chances of getting precisely what you want – exclusive leads, pre-qualified and not worked to death – will be a reality. Ask questions. Do your homework. Call the company. Ask other insurance agents about their experiences with the company you are considering. You won’t be disappointed and business will never look so good when you get those exclusive life insurance leads.

Clelland Green is with Benepath.net, a leader in providing health insurance leads. Benepath provides agents with exclusive health insurance leads and Medicare leads in just a few mouse clicks. To learn more, visit http://www.benepath.net.

The JAMA study found that hospital patients had a lower rate of surviving cardiac arrest at night than they did if they arrested during the day. The comprehensive study was published in February of 2008, but since then hospitals have responded with creative ideas to close the gap in care.

Hospital consultant Dr. John Nelson coined the term nocturnist to describe the health care professionals that hospitals are hiring to help improve response times and patient safety. Nelson said the role of a nocturnist has risen sharply in the past decade with as many as 1,500 nocturnists working in hospitals today compared to about 100 only 10 years ago.

The Institute for Healthcare Improvement hosted a seminar on the subject in December. The IHI brought a quality control consultant from Wales, U.K., a pediatrics professor from Cincinnati and a Springfield, Mass. medical director to the seminar to discuss the ideas being used to close the gap in care.

The group discussed the challenges hospitals face in providing quality care to patients at night, including patients who put off calling an attending physician until the morning. They also discussed the special training being implemented recently to help professionals recognize patient needs as the patients themselves are more likely to overlook issues because of being at rest.

Doctors at Virginia Commonwealth University in Richmond looked at adult cardiac arrest survival rates by time of day and day of week in hopes that the findings could inform hospital staffing, training and equipment decisions, according to the JAMA.

The study looked at about 86,000 in-hospital cardiac arrests in 507 medical/surgical hospitals over a seven-year period. About 58,000 of those cardiac arrests happened during daytime or evening hours and about 28,000 cases happened at night.

Researchers found discrepancies in all of the data they observed, but survival to discharge was the most significant. Patients who went into cardiac arrest during the daytime or evening hours were five percent more likely to survive than patients who arrested at night. Weekend rates were similar to night rates, according to the study.

“The principal finding of this study was that survival to discharge following in-hospital cardiac arrest was lower [when the arrest occurred] during nights and weekends compared with day/evening times on weekdays, even after accounting for many potentially confounding patient, arrest event, and hospital factors,” the authors wrote.

Individuals and their loved ones who are experiencing pain and suffering after a nighttime incident at a hospital can have their rights upheld by a medical malpractice attorney.

Robert Briskman is a Chicago medical malpractice lawyer and Chicago medical malpractice attorney with Briskman Briskman & Greenberg. To learn more call 1.877.595.4878 or visit http://www.briskmanandbriskman.com/.

The tax enacted in 2006 was the first in the state to require partnerships to pay a franchise tax, according to Bloomberg. The tax is not meeting expectations, and raising only about $4 billion a year for schools, prisons and other functions. Texas gets most of its revenue from property taxes, but since property values have been down, the state has had a revenue shortfall.

An insurance adjuster claimed that the tax acted like an income tax on some partnerships. In Texas, voters must approve of any new income taxes. The court found that a business tax does not apply to the partners in a partnership and the tax can stand.

This is good news for tax reform groups who think the Texas Supreme Court’s decision broadens the legislature’s ability to change the tax. Lawmakers had been waiting for a decision on the tax’s constitutionality before taking up tax reform in the legislature, according to the Austin American-Statesman.

Texas law has required a popular vote to enact a state income tax since 1993. The franchise tax came about after a 2005 Texas Supreme Court ruling declared the state’s education finance system was unconstitutional.

After the state’s Supreme Court ruling, the legislature slashed property tax rates and closed a loophole that allowed some businesses to avoid the franchise tax by changing how they were formed. The original idea was that the expanded franchise tax would make up for the changed property tax, according to the Fort Worth Star-Telegram.

The new wider-ranging franchise tax hit smaller businesses. An insurance claims adjusting company called Allcat Claims Service sued the state’s comptroller’s office saying the tax amounted to an income tax on individual partners. Some small firms argued the franchise tax is complicated and puts a costly compliance burden on businesses.

The Star-Telegram also reported that school systems are suing the state again because the financing system is creating unconstitutional inequities.

The court disagreed by a vote of 7-2. One of the dissenting opinions stemmed from the state legislature’s insistence that any challenge to the tax go directly to the high court and that the court be required to address it within 120 days. Justice Don Willett ruled that the court would overstep by acquiescing to the mandate.

Seth Wilburn writes for the Gomez Law Group, a Dallas employment lawyer and Dallas business lawyer. To learn more, visit Gomezlawyers.com.

Ideally, in a perfect Web environment an insurance website would be updated at least every second day with new articles, tips, a blog entry or two and valuable information about the business and perhaps a video or a podcast as well. If you had that kind of time on hand, you could likely do it yourself, but you have customers to tend to and an insurance business to run. So what is the best thing to do? Find the right search engine optimization company to help you with these tasks.

Start with a quality, classically designed insurance website that has all the latest plug-ins and social media functions to boost your online presence. Your site is a critical part of your business and you need to take advantage of every opportunity available to promote your insurance company. You like your site and want to beat the competition that seems to be ranking higher than you are. That can be done with skill, patience, and long-term planning with the right SEO company.

Once you have a professional team of insurance search engine optimization experts, get to work to increasing the traffic and name recognition of your site. It is the little things that count big when you want to do proper insurance marketing. The long-term results will make your insurance website a force to compete with in Google rankings. Just remember, website rankings do not increase overnight. It takes time – at least six months – to move up in the rankings in an ethical manner.

It is no secret that if you want your insurance marketing efforts to have results, then you need to have your business name out on the Internet and it must be consistently associated with quality information, good service and content that keeps people’s attention.

What you ultimately want is insurance search engine optimization that works effectively and gets you conversions when people visit your site. You need to have an insurance website design that speaks to people professionally and offers them precisely what they need – quotes, blogs, articles full of information they can use, and news releases that tell them about changes in the insurance industry and how those changes will affect them. In other words, you need to have quality insurance marketing going out consistently.

The right insurance search engine optimization company will do this for you. Get ready for the next generation of insurance websites.

ReadytoQuote.com. ReadytoQuote.com specializes in marketing insurance websites online. Learn more at http://www.readytoquote.com.

ReadytoQuote is aninsurance marketing company, ReadytoQuote.com. ReadytoQuote.com specializes in marketing insurance websites online. Learn more at ReadytoQuote.com.

Recently there was a rather bitter controversy over whether or not a doctor’s disciplinary information should be available, and if so, how much information should be available. Those embroiled in the debate are the American Medical Association (AMA) and consumer rights groups and journalists. The reason the debate exploded was in response to the U.S. Health and Human Services Department taking disciplinary information out of their online database.

Why was the disciplinary information removed in the first place? They removed it because news organizations used the National Practitioner Data Bank (NPDB) to point a finger of blame at doctors frequently accused of medical malpractice, but had not faced any discipline.

The very idea that a doctor was accused of medical malpractice but not disciplined may be viewed two ways. The first is that it was a one-time incident, and on examination of the facts, was not considered medical malpractice. To be fair, not all bad outcomes with a doctor are the result of medical malpractice. Some are genuinely unforeseen circumstances. However, if a doctor has been accused of medical malpractice more than once, has a history of patients complaining, and more than one lawsuit pending, this is a different scenario altogether.

The NPDB is the repository for information on payments in medical malpractice cases and keeps records on physician’s disciplinary actions. Congress created this data bank with the idea of improving health care. Health plans, state licensing boards, hospitals and other health care organizations use the database to determine if a doctor may be approved for a license, permitted to work, or granted admitting/clinical privileges. Journalists have used the information on the database, despite the fact it does not reveal doctors’ names or addresses.

Health and Human Services feels it was justified in taking the information down from the website to protect doctors’ anonymity largely because federal law says that type of intelligence must stay confidential. Of course, the AMA agreed. The burning question then becomes how the removal of the information will affect patient safety; something no one else but patients (and their attorneys) seem to be worried about.

The AMA, in its defense, says the database is not reliable and not an accurate indicator of a doctor’s qualifications or competence. What is worse? Knowing the doctor has a history of patient complaints and medical malpractice accusations and thus making an informed decision about seeing them, or knowing nothing and finding out later the doctor botched a procedure and caused you harm. Additionally, if the database is not reliable or accurate, why isn’t it reliable and accurate? That is a frightening thing. What does that say about the AMA’s attitude about patient care?

Do you want to know if your doctor has faced disciplinary action? Been sued for medical malpractice more than once?

Been sanctioned by the state licensing board? This is something to think about, particularly since it is your right to have quality health care. If you want quality health care, you would obviously want a doctor that has not been sued for medical malpractice.

Christopher Mellino is a Cleveland Malpractice Lawyer specializing in Cleveland Medical Malpractice cases in Ohio. To learn more, visit Christophermellino.com.

It is bad enough out there on the highways when you are traveling at high speeds, and your travel companions on the roadways are 18-wheelers as those larger than life monsters can cause horrific accidents. More often than not, the cause of a wreck with a big rig is driver error. This is not to say that mechanical failure cannot be a cause, because that happens as well. It is just that human error is more likely the cause of a wreck.

Take the case of the trucker who bent down to pick some papers up off the floor of the cab, while he was driving, and slammed into a line of cars waiting at a construction stop. The wreckage in that fiasco was strewn more 100 yards. There were three deaths and at least seven other people seriously injured.

Or consider the case of the man who drove himself to complete exhaustion to get his routes done on time and earn more money. One day while on the way to deliver a load of metal, he fell asleep at the wheel and drifted into the oncoming lane of traffic. The Jeep Cherokee he hit was completely obliterated, killing all four occupants in the vehicle.

Then there was the case that was just about a wreck, but not completely. The reason why the accident almost happened will shock you, but it should almost not come as a surprise as truckers seem to be taking more and more stupid risks these days while behind the wheel. In this case, police charged a trucker with watching TV while he was driving on one of the nation’s busiest highways.

Another driver on the same highway called police to let them know he was sure he had seen a TV mounted on the dashboard of a tractor-trailer barrelling down the highway. Sure enough, when the police caught up with the trucker, he had a portable DVD player on the dash. Can you just imagine what would have happened, if not on that trip, but on another one? You can be sure that driving while distracted will result in a collision. When you are piloting a big rig, paying attention to the road and everything else around you is important.

Why truckers seem to think they can drive a deadly machine while on booze, high on pills, or texting, watching TV or while sleep deprived is the million dollar question of the year. Sure, it is a job for them and they need to make money. However, while trying to make money, they may end up losing everything, including their lives, by driving while distracted or under the influence.

Have you been in an accident with a big rig? Don’t know what to do? Call an Austin personal injury lawyer right away. In these kinds of cases, time is of the essence to preserve vital evidence. These cases are never easy for anyone, and your Austin personal injury lawyer will get on it right away, assess the situation and discuss his recommendations with you.

Robert W. Lee is an Austin personal injury lawyer for The Lee Law Firm. If you need an Austin personal injury lawyer, contact an Austin personal injury attorney from The Lee Law Firm. Visit RWLeelaw.com.

This is one of the major reasons why, when filing for bankruptcy, it makes sense to consult with an experienced Iowa bankruptcy lawyer. They know what they are doing and have been doing it for years. They do not miss deadlines, forget to file all the requisite papers or leave documents out of a filing because they are not sure what the court needs. Their job is to get it right for their clients.

There are do-it-yourself (DIY) kits that give a debtor an idea of the documents and procedures they need to go through to file. However, as with any DIY kit, there are always the issues no one can be prepared for, because every bankruptcy is different. The only thing they all have in common is the fact that the debtor went bankrupt. How they got there, what chapter they filed under and what they need to do to complete their bankruptcy varies on a case by case basis.

It is cheaper to file without a lawyer, but if you make a mistake, it will wind up being even more expensive. It is well worth the money to hire a professional that knows what they are doing because in the long run, they will save you time, money and grief.

Typically, the most common filing is under Chapter 7 and the fee charged to file a Chapter 7 bankruptcy is roughly $299. That may vary from state to state, so ask your lawyer or check the court website if this is something you want to know. The fee for filing a Chapter 13 is usually around about $274, but again, this may vary.

Overall, the fees a lawyer charges a debtor for the correct and timely filing of their particular bankruptcy petition, may range anywhere from $1,000 to $2,500 plus court fees. This is money well spent to get it right the first time and get it done so you can get on with your life.

Basically, if you want to be safe, get it done right, file under the appropriate Chapter and get clear of your debts without running into problems, then hire a skilled and experienced Iowa bankruptcy lawyer. It is the only smart thing to do when faced with the daunting process of filing bankruptcy.

Kevin Ahrenholz is an Iowa bankruptcy lawyer and Iowa bankruptcy attorney. To contact him, visit http://www.iowachapter7.com or call 1.877.888.1766.

About 4,000 families complained to the Consumer Product Safety Commission that bad drywall was causing nosebleeds and respiratory ailments. More than half of those families were in Florida.

Researchers testified to a Senate panel that the toxic chemicals released by the drywall are not high enough to show a link to the health issues.

The CPSC’s findings do not yet support making the agency call for a recall of the drywall because of health risks, according to The Tallahassee Democrat.

“We’re not suggesting that (those effects) don’t exist,” said Neal Cohen, with the U.S. Consumer Product Safety Commission. “We’re suggesting that we have not been able to explain them with the low level of emissions we were able to (detect) in the home.”

Cohen was speaking to members of a Senate Commerce, Science and Transportation subcommittee last December. “Unfortunately, the results of our studies have not permitted us to make health or safety findings that would enable us to compel the manufacturer to recall this product,” he said.

The National Center for Environmental Health at the Centers for Disease Control had a similar message for Senate committee members. That agency is doing more testing and expects new results in the spring.

Some homeowners claim that the drywall in their homes has made them sick. Drywall manufacturers have disputed those claims, but since drywall is rarely labeled, it is difficult to say with any authority exactly where specific drywall came from in any given house. Just because a subcontractor said American drywall was used doesn’t necessarily mean that the drywall in the home is American, according to CBS News.

The Chinese government owns many of the drywall manufacturers that the CPSC is trying to investigate. CPSC researchers even tried to tour a Chinese plant to try and understand what goes into imported drywall, but they were turned away at the mines during the inspection, according to Propublica.

Cohen told the Senators at the hearing that the answer from China so far has been unhelpful. “To date there has been no response from the Chinese manufacturers,” Cohen said at the hearing. “They are basically telling us, ‘return to sender’ and that they don’t believe there is a problem with their drywall.”

Many of the Florida homes that have been affected are ones built after the 2005 hurricane season.

Milla Tawnie writes for Orlando auto insurance and Orlando home insurance agency, the Florida Insurance Group. To learn more or to get auto and home insurance quotes, visit FloridaInsurance.com.

Dr. Eugene Lipov believes PTSD can be treated by injecting an anesthetic into a grouping of neck nerves called the stellate ganglion. This procedure has been used for years to treat pain, but Lipov, an anesthesiologist, has had early success treating the stress, anxiety and “fight-or-flight” response that often accompanies PTSD, according to Stars and Stripes Magazine online.

PTSD is a severe anxiety disorder that often strikes members of the military who have been exposed to traumatic and horrific events. The Department of Veterans Affairs recognizes PTSD as a serious challenge facing many of the soldiers coming home from wars in Iraq and Afghanistan as well as veterans of 20th century wars who have been suffering from the PTSD silently for years.

Lipov believes that the shot to the back of the neck can effectively reset the nervous system that may have been set off kilter by traumatic events experienced at war.

Now that Lipov has FDA approval, a clinical trial is the next step but the doctor is struggling to get government funding for the trial.

In September, the U.S. Army Medical Research and Material Command turned down Lipov’s proposed $1.6 million clinical trial saying it was too ambitious and expensive for an untested concept and they were not convinced of the neurobiological explanations Lipov gave for why it works, according to Stars and Stripes.

The proposal’s review team acknowledged the treatment “…could lead to important innovations in the medical treatment of PTSD,” if a trial was successful, but has serious concerns about Lipov’s work.

Lipov has shown success in treating more than a dozen patients but the review team wanted a study with control groups.
The Army would like to explore Lipov’s treatment, according to Fort Detrick’s director of operational medicine research program Col. Carl Castro. The military spends more than $30 million a year researching PTSD. “[He] needs to do a scientifically rigorous study, and that way if he gets promising results, we can be confident in doing a much larger clinical trial,” Castro said.

Lipov told Stars and Stripes he is giving up on the Pentagon helping fund his research. He recently got a $100,000 grant to do a small study with a control group from the state of Illinois. About 20 veterans near Chicago signed up for the study last summer.

James G. Fausone is a Veterans disability lawyer and Veterans attorney with Legal Help for Veterans, PLLC. Learn more at http://www.legalhelpforveterans.com.

The last actual Tehran embassy was shut down in 1980 after the catastrophic events of the hostage crisis in 1979. Since then, Switzerland has helped the United States carry out consular and humanitarian missions. After the U.S. created a USA darFarsi Facebook and Twitter account, it discovered that many people wanted to discuss American topics and opportunities.

“We know that the Iranian people remain hungry for information about the United States – information about travel to the U.S., educational opportunities, and our policies toward Iran and the rest of the world,” according to a State Department press release.

The website is in English and Persian and encourages freedom of expression and freedom of the press, two of America’s core values. The content focuses on multiple viewpoints, a democratic society, and America’s efforts to resolve conflicts with the Iranian government. Because the United States and Iran do not have diplomatic relations, the website is a key platform to educate each country’s citizens about American policy, culture, and citizenship. Outreach between Iranian and U.S. citizens is crucial to opening up the dialogue to create a more civil, open society for Iran’s citizens.

As Secretary of State Hillary Rodham Clinton said “…the young people of Iran carry within you both the ancient greatness of Persian civilization and the power to forge a country that is responsive to your aspirations.”

Virtual Embassy Tehran is made “…to offer you another perspective and another source of information so you can make up your own minds about the U.S., our concerns about the Iranian government’s activities at home and abroad, and our serious efforts to achieve a resolution to those concerns.”

Iranian students and business people who are looking to study, work, or attend a business conference in the U.S. can find more information on the site about visas and traveling to the United States. Beyond Facebook and Twitter, website visitors can access the site’s YouTube videos and blogs. Important links to U.S. government institutions and citizenship services are also given. Iranian traditions, holidays, and charitable contributions are mentioned too.

The news portion of the website gives breaking news and Middle East news from Voice of America. The website is in stark contrast to the Iranian government that “…tries to limit what its citizens see, hear, think, and feel…this very expensive endeavor is bound to fail in today’s increasingly interactive world,” according to the State Department.

Stewart Rabinowitz is President of Rabinowitz & Rabinowitz, P.C. Mr. Rabinowitz is Board Certified in Immigration and Nationality Law by the Texas Board of Legal Specialization. To contact a Dallas immigration lawyer or Dallas immigration attorney visit Rabinowitzrabinowitz.com

Glass kitchen tiles are such a good choice because of their range of colors and styles and they can be applied to your walls, floors, the backsplash by the sink, and even be used as accents throughout the room. It is up to you what you like, but you will be absolutely delighted with the range of choices. If the heart of your home needs sprucing up, glass kitchen tiles may just be the answer to your dilemma.

You might not know this, but these tiles can be either porcelain or ceramic. This makes them ideal for domestic use, in particular as a decorative border or that backsplash you have always wanted. If you plan to do the floor though, those tiles need to be stronger in order to withstand high traffic.

Going to do this upgrade yourself or have a Tampa flooring contractor do it? Either way, the sizes you will likely want are 110 x 100 mm. However, having said that, it largely depends on what you like. Another favorite size is the rectangular tiles, which are 100 x 300 mm. Floor tiles are larger of course, and you can expect to find them anywhere from about 333 x 333 mm to 600 x 300 mm. Again, there are a plethora of sizes and styles, and all you need to do is choose what you like.
Speaking of style, most people choose a design and color that suits their furniture; something that either matches it or complements it. While that is what the vast majority of people do, you do not have to do that if you would prefer something completely different like a checkerboard pattern in black and white or an avant garde brick look in the living room. In other words, do what your intuition tells you to do and do not always follow what is in fashion. You are the one that has to live with your choices for years to come, so you need to love it.

Some people love country-style kitchens and will choose the appropriate kind of tile to achieve that look. For example, matt tiles look quite natural and add a certain quiet, charming elegance to a kitchen. Or, you may prefer a more modern look and want a style that says chic and trendy. The great thing about glass kitchen tiles is that there are no rules to follow. That is why homeowners really appreciate glass kitchen tiles for their versatility and attractiveness.

If you do not want to try and install tiles on your own, then make it a point to call a Tampa flooring contractor and ask them for their recommendations on how to change the interior of your kitchen. With the experience they have, you will love their ideas.

Dean Dupre is with Champion Tile, a Clearwater Flooring, Tampa Flooring, and tile installation company. To learn more, visit Champtile.com.

Phenylketonuria, or PKU, is a metabolism disorder that mothers can pass on to their children. If untreated, PKU can cause intellectual and developmental disabilities. A person with PKU cannot process a protein called phenylalanine, or Phe, found in most foods. When Phe levels get too concentrated, it can damage the brain, according to the National Institutes of Health.

Babies born in hospitals in the United States are regularly tested for PKU immediately after they are born in order to diagnose them and begin treatment.

The AAP warns that if pregnant women with PKU do not keep a close eye on their Phe levels they may be putting their unborn children at significant risk. Elevated Phe levels during pregnancy can lead to significant development delays, birth defects, growth retardation and microcephaly.

Women of childbearing age with any form of PKU, even mild cases like mild hyperphenylalaninemia, should be counseled about their risks for adverse fetal effects. The AAP’s research shows that best results come when hopeful mothers maintain strict control of maternal phenylalanine concentration before conception and all the way through the pregnancy.

Women with hyperphenylalaninemia who cannot or will not maintain optimum blood Phe concentrations for their pregnancy should be carefully counseled not only about the risks of mental retardation in their children, but also concerning what can happen if the Phe levels get unbalanced, even occasionally, during the pregnancy. Structural defects like congenital heart disease can develop if Phe levels are out of control early in the pregnancy. The AAP strongly suggests that women access high-quality reproductive counseling.

The pediatric academy also encourages genetic counseling for women with PKU before and after conception. The group suggests pregnant women with hyperphenylalaninemia get regular, detailed ultrasonographic exams and fetal echocardiograms to look out for fetal abnormalities. Pregnant women with PKU can be educated about critical times in the pregnancy for organogenesis so that Phe concentrations can be carefully monitored. There are medical centers with skilled clinicians who specialize in helping women with PKU.

Finally, the AAP recommends that mothers whose newborns have features suggestive of maternal PKU, like microcephaly or congenital heart disease, get blood tested for hyperphenylalaninemia. Even if an infant has an initial elevation of Phe concentration that is then resolved, mothers should be tested.

The group encourages families of people with PKU to work with their pediatrician to ensure access to social services and the right foods.

Doctors and health care professionals owe a standard of care to counsel expectant mothers about PKU and the risks of birth defects before and during a pregnancy.

Paul Greenberg is a Chicago birth injury lawyer and Chicago birth injury attorney with Briskman Briskman & Greenberg. To learn more call 1.877.595.4878 or visit http://www.briskmanandbriskman.com/.

Dailey alleges she was terminated because she was pregnant. The case documents allege that Prestonwood’s human resources director said their “…insurance bills were too high and employees don’t need to be having babies.” Dailey alleges gender discrimination and seeks recovery of front and back pay, compensatory and exemplary damages, and related legal fees. As the Director of Nurses at the Prestonwood facility, Dailey asserts she was in charge of supervising 100 nurses.

Generally speaking, an employer cannot terminate an employee because the employee becomes pregnant. Likewise, an employer subject to the Family and Medical Leave Act cannot terminate an employee for seeking FMLA leave due to pregnancy. FMLA leave can be used for the birth of a child and the first few months of taking care of a newborn. An employee is allowed to use 12 workweeks of unpaid leave under these and other medical circumstances.

Additionally, an employer is required to maintain group health insurance coverage for an employee on FMLA leave. When relevant, employees will still need to pay their portion of the premiums. These health benefits can generally only be stopped if the employee alerts the employer that she will not be returning to work or fails to return to work when the FMLA timeframe ends.

When a worker returns from FMLA leave, she is generally entitled to resume her previous position in the company or hold an equivalent one with similar pay, benefits, status, and other terms of her employment. Workers cannot be subjected to retaliation or discrimination for using FMLA leave.

Pregnancy discrimination is against the law and the Pregnancy Discrimination Act prohibits employers from discriminating against pregnant employees. That said, the Equal Employment Opportunity Commission (EEOC) has noted a rise of 81 percent in alleged pregnancy discrimination cases between 1992 and 2010.

If you are an employer who has been accused of pregnancy discrimination or you are an employee who has been subjected to pregnancy discrimination, you should contact a knowledgeable employment attorney to protect your rights.

Gregory D. Jordan is an Austin employment lawyer, Austin business attorney, and Austin pregnancy discrimination lawyer. To learn more, visit Theaustintriallawyer.com.

Making sense of insurance jargon is a challenge, but it does not have to be that way. That is what insurance agents are there for – to help you choose what you need for your own health insurance policy or a policy for your family. The confusion often seems to be that people have difficulty making heads or tails of all of the various different policies on the market.

They do not know what policy suits their lifestyle. They may be self-employed. They do not know the right questions to ask. They may have just retired. So many different needs for many different people, and yet, there is something out there for everyone. Whatever reason you have to be searching for health insurance quotes, there are some hints you can use before you get started.

Usually people start their hunt for health insurance quotes by looking for a new health insurance carrier. Often they go by word-of-mouth, or they will try and stay with large names that are well known. This is fine, and those large companies may have what you need. You might be interested in knowing, though, that sometimes smaller companies offer the same policies but for a lower price that can be worth checking out.

Remember that when you are comparing health insurance quotes, you must choose the amount of coverage you want. Of course, this is largely based on your decisions as to what you need and want. An example might be that you want a low monthly premium, and in order to get a lower premium, you could choose to opt out of other insurance riders.

Pick what you want for a deductible, as this is another factor that dictates the price you pay for a premium. Take a look at your lifestyle. Do you see the doctor frequently? If so, a lower deductible might be worth the extra expense. If you rarely go to the doctor, you might want a higher deductible instead.

Also make sure to consider any pre-existing conditions you may have, as this also makes a difference to what you pay for an insurance premium. Some pre-existing conditions are common – such as higher blood pressure – but that will still mean your premiums will be higher. Add in other pre-existing conditions and you may have difficulty getting insurance. However, there is a way around that.

Do not let your insurance coverage lapse. This will make it easier to get coverage and reduces or removes waiting periods for the pre-existing condition in a new policy. Plus, many states have open enrollment periods, during which an insurance company cannot deny you coverage due to your health. These are referred to as a guaranteed option.

When you have all your favorites picked out, it is time to compare policies side-by-side. When in doubt, pick up the phone and call an insurance agent for free advice.

Clelland Green is with Benepath.com, a leader in providing health insurance quotes. Benepath provides individuals, families, and businesses with affordable health insurance quotes in just a few mouse clicks. To learn more, visit http://www.benepath.com.

The website simulator puts the user in a driving environment complete with a loud radio, chatty passengers and a ringing phone. If the website’s user clicks on any of the distractions, the simulator will wreck the car into another vehicle. If the user keeps his or her eyes on the road, then the simulator congratulates the person. Crash statistics greet the user after each wreck, such as 5,474 people were killed in automobile crashes that involved distracted drivers in 2009. Another 448,000 were injured.

The DOT’s distracted driving challenge page is loaded with statistics and alarming information. For instance, traffic crashes are the leading cause of death among American teenagers. If you are texting while driving, then you have the same reaction time as someone who is legally drunk.

The site’s target audience is teenagers. More than 15 percent of the accidents caused by distracted driving involve drivers under 20. The site allows teenagers to make a pledge to avoid distracted driving that will be posted to their Facebook page and broadcast to their Twitter followers. It also encourages teens to call out their friends and classmates when they see distracted drivers.

The DOT also has two new television commercials aimed at teen awareness of distracted driving. In each of the commercials, carloads of young people being driven by a teenager who is either texting or talking on a mobile phone slam into stationary objects. The end of the commercials reveals the things they ran into were large stone text abbreviations like OMG, L8R and LOL.

The distraction.gov website was redesigned as part of the campaign to discourage distracted driving. The new site is complete with testimonials like Liz Catherman of Idaho, whose daughter Kassy Kerfoot died at 18 when she lost control of her car while texting during rush hour. The site also contains a report of a pilot program called “Phone in one hand, ticket in the other,” which was modeled after the National Highway Traffic Safety Administration’s successful “Click it or ticket” campaign. In the two pilot cities of Hartford, Conn., and Syracuse, N.Y., use of handheld devices dropped significantly during the advertised enforcement waves.

Distracted driving can cause serious accidents and wrongful deaths. Individuals and their families need to get expert legal advice to overcome the challenges after an accident like this occurs. Paul Greenberg is a Chicago car accident lawyer and Chicago car accident attorney with Briskman Briskman & Greenberg. To learn more call 1.877.595.4878 or visit http://www.briskmanandbriskman.com/.

The Social Security Administration is commissioning a review of the entire disability system to make sure it is not awarding benefits to those who do not deserve it and to make sure the agency is not denying benefits to those who do deserve them.

The SSA will review the work of about 1,500 disability appeals judges across the country whose rates vary significantly from the norm. Some judges award benefits less than 20 percent of the time while others award benefits almost 100 percent of the time, according to a story in the Wall Street Journal.

The Administration has already decided to stop notifying applicants who their judge will be in their appeal to discourage shopping an appeal to a more lenient judge.

The Administrative Conference of the United States will take on the review. The independent government study organization hopes to make recommendations for updating the appeals process in 2012.

The Social Security Disability Insurance program provides financial assistance to Americans who cannot work. The Wall Street Journal reported that the program paid $130 billion in 2011 to 10.6 million people.

If a case comes before a federal Social Security judge, it has already been denied twice at the state level. There is a tremendous backlog of cases at the federal level.

In September of 2011, there were more than 771,000 people waiting for their appeal to be heard. The SSA has been working to address the backlog issues and it has cut down on the number of people who die while they wait for their appeal to be judged, according to the WSJ.

The hearings usually last about an hour. Some critics have said judges pushing cases through much more quickly than that are cutting corners and not doing thorough reviews. The conference plans to factor how much time judges look at cases into its review.

The SSA’s commissioner told Congress in the summer of 2011 that judges awarding disability benefits more than 85 percent of the time cost the agency another $1 billion a year. The Wall Street Journal reports that there are more than 100 judges whose award percentages are that high.

Overall, the federal court system is finding errors or overturning about half of the decisions made by Social Security judges. The independent study will review how the federal courts are looking at the cases to make sure it is interpreting the SSA’s rules consistently, according to the WSJ. A qualified Social Security Disability attorney can help clients file appeals with the agency.

Robert Alston is with Alston & Baker, PA. To contact a Zephyrhills Social Security Disability attorney, Zephyrhills divorce lawyer, or Zephyrhills personal injury lawyer, call 1.888.500.5245 or visit http://www.alstonbakerlaw.com.

Florida law requires a driver to carry a minimum of $10,000 in personal injury protection. It has been widely reported that Florida leads the nation in fraudulent insurance claims in part because of Florida’s no-fault law.

A new group called Gear Up Florida hopes to help push lawmakers to crack down on insurance fraud. That group believes higher insurance costs put an undue burden on businesses that rely on fleet vehicles.

“Florida’s most honest consumers are paying the price resulting from staged accidents, out-of-control litigation and unscrupulous personal injury protection (PIP) clinics that foist often unnecessary services on PIP claimants,” said Donovan Brown, counsel and regional manager of State Government Relations Property Casualty Insurers Association of America. “We must protect consumers and eliminate the rampant PIP fraud that is driving up the cost of insurance premiums in our state, and we believe sound policy containing these elements can do just that.”

Gear Up Florida is pushing for four reforms:
1. Extend the 30-day window in which insurance companies can investigate a claim they think are suspicious
2. Cap attorney’s fees to discourage frivolous lawsuits
3. Require tighter accountability out of the medical community that sees personal injury protection cases
4. Regulate alternative medical practitioners like chiropractors, massage therapists and acupuncturists

The group outlines how PIP fraud is an organized crime in Florida. The Florida Sheriff’s Association’s undercover investigators have found that people who stage accidents often are part of large networks.

Florida’s insurance premiums are more than 50 percent higher than other no-fault states, according to a Naples News article on Gear Up Florida.

Lawmakers are looking at a variety of proposals that could cut down on fraud, according to the Tampa Bay Times. Some lawmakers are pushing for more fraud investigators to crack down on staged accidents. Other lawmakers have said the PIP system is unfixable and needs to be completely abolished.

Florida’s CFO Jeff Atwater also is pushing for the PIP overhaul to be a priority in the 2012 legislative session. Atwater commissioned a group to study the issue in the summer of 2011 to provide insight and recommendations. The group found that the number of drivers in the state has remained the same and the number of car wrecks has actually gone down, but insurance costs have ballooned.

Vincent Payne is with Florida auto insurance company and Florida car insurance company, AGIC. To get a quote or learn more visit www.agicinsurance.com.

With pressure mounting on automakers, they are starting to include more state-of-the-art safety features. Some are still optional upgrades, but advocates hope many of these features become standard. Items such as backup cameras and electronic stability control can help drivers prevent accidents. New lane-keeping systems are being developed to trigger a steering wheel to vibrate if a driver has drifted outside a lane. And for those who get too tempted to use their phone while driving, some automakers are offering a feature that blocks phone calls through the vehicle’s phone system – this is a “Do Not Disturb” feature for the modern era.

“Safety features are getting better and more intelligent as auto technology progresses,” said Lee Rogers of the Florida Insurance Group. “They also help cut down your auto insurance costs, so it benefits you in many ways.”

Parents will like to hear that automakers are including features that prevent speeds of more than 65 miles per hour and a control that keeps the sound system low until the front seat occupants put on their seatbelt.

To learn more about Orlando auto insurance and the Florida Insurance Group, call 1.888.525.2210 or visit http://www.floridainsurance.com.

It can be confusing to figure out what kind of health insurance plans to consider and ultimately buy. Each plan is different and that makes sense because not everyone is the same or needs the same kind of coverage. While most plans on the market today are priced to meet the needs of individuals and families struggling with lower incomes, it sometimes can seem just too overwhelming to try and pay for health insurance when you are out of work.

Since the recession hit, thousands of Americans have cancelled their policies due to pressing necessity. Although this is completely understandable, it is extremely risky. If something happened, they would be financially destitute or bankrupt from the overwhelming medical bills. Other families have opted to reduce their premiums to the absolute bare minimum, which may work in some instances but not in others, as lower premiums may also give you less coverage for what you need.

If you are in this situation, lining up a catastrophic insurance policy may be the right solution for you. This kind of a plan will protect you when you need it the most, and lets you take care of routine medical bills if you can. If you cannot, you at least have a plan that will kick in when it is needed the most.

Some the benefits of a catastrophic insurance policy are:
- Helps you keep premiums really low – as much as 25 to 50 percent lower
- Offers coverage for any treatment of significant medical issues such as a car accident
- It is a high-deductible plan with amounts that range from $250 to $2,000
- You take care of your medical expenses up to the deductible
- If the deductible is reached, the insurance kicks in and handles the difference
- Pays for medical procedures, lab work, x-rays, surgery and intensive care stays

Having some insurance coverage is better than having none and makes more economic sense in the long run. Without it, not only is your health at risk, but so is your long-term ability to be financially stable. How much do you think a broken wrist may cost you without health insurance? Go ahead and take a guess. Chances are you would have to pay between $6,000 to $17,000, depending on the nature of the break and treatment required.

Do you have that kind of money to pay a medical bill? Most people do not, and it is a good bet that you do not either. This is one of the reasons why you might want to seriously consider catastrophic health insurance plans. Speak to your agent for a good, in-depth explanation of how they work. While it might not be the best option for everyone, it is ideal for others.

Clelland Green is with Benepath.com, a leader in providing health insurance quotes. Benepath provides individuals, families, and businesses with affordable health insurance quotes in just a few mouse clicks. To learn more, visit http://www.benepath.com.

“Because of the increased death rate and the likely inappropriate use of tigecycline as a first-line, rather than last-resort, antibiotic for serious infections without simultaneous administration of other antibiotics, it is inexcusable that there is currently no black box warning for tigecycline,” said Carome.

Alternatives to this antibiotic should be explored before a patient is given tigecycline. If it must be given, it should be taken with a combination of bactericidal antibiotics that kills bacteria and does not interfere with growth of bacteria. Because of the power of this drug, Public Citizen advocates that a FDA-approved guide be given to patients about this medicine. It also wants the FDA to send out a “Dear Doctor” letter to warn doctors of the complications and restricted use of the drug.

The FDA originally approved the Pfizer antibiotic back in 2005 for skin and intra-abdominal infections. In 2009, it was approved for community-acquired pneumonia. From 2008 through 2011, sales for Tygacil were an estimated $480 million and 82,000 prescriptions were filled in the U.S. The FDA did require an update to the Tygacil label in 2010, but it only contained stronger warnings. Black box warnings are more prominent, give more guidance, and alert the physician to seek other routes unless there is no clear alternative.

When a loved one has died and a family member discovers they were using Tygacil, it is important to speak with a wrongful death lawyer to see if they have a claim. If the doctor did not try alternatives or ignored warnings, he or she can be held liable for the death.

Paul Greenberg is a Chicago wrongful death attorney and Chicago wrongful death lawyer with Briskman Briskman & Greenberg. To learn more call 1.877.595.4878 or visit http://www.briskmanandbriskman.com/.

What if the Administration took a run at immigration reform and broke it down into manageable chunks? Would it eventually make the necessary changes? Those are valid questions, and they are also tough to answer. With an election looming, most of the campaign rhetoric is about electric fences, mobilization of the military and moats to keep the borders safe. Lost in the shuffle is what, if anything, the government is doing about immigration reform.

Most people assume immigration reform is actually dead, and if you spend any time reading the reports and watching TV, you would also reach that decision. The point – nothing has been done since Obama was elected that has made any difference to the immigration system, other than that border security was stepped up and deportations increased, which kind of defeats the purpose of reform.

Obama says he wants to make it easier for illegal immigrants to become American citizens, but that may well be hard to do when his enforcement team is hard at work deporting those same people so fast their heads spin. Talk about a disconnect between what Obama says and does. It makes for good media coverage, but it certainly does not get much done other than alienate the very people he swears he wants to help.

Down on the floor of the House, the new representatives are making small changes to help bring order to an immigration system that is out of control, thus helping to slowly change their anti-immigration image. The kicker though is that even though they want to introduce reform in small increments, they still want to also push hard for better border control. If this split personality scenario continues, nothing will be done which may be the whole point in the first place.

If they hope to repair the damage that has been done to the Hispanic voting population, they hardly have a chance. The damage has already been done, and the block of votes that got behind Obama the first time will not be there again. Frankly, it is not just political damage that is part of the fallout over the failure to do something about immigration reform; there is also the economic impact and upheaval to an economy that hardly needs to be bludgeoned any further.

The bottom line is what? The bottom line is that the system is not working, which should not come as a surprise to anyone. But just who is going to do something about it?

Sally Odell – Rifkin & Fox-Isicoff, PA is an immigration lawyer in Miami with immigration law offices in Orlando and Miami, Florida. To learn more, visit http://www.rifkinandfoxisicoff.com.

“Medical professionals must think proactively when the patient is at risk, not just after a serious ulcer or wound has occurred,” said Greg Grambor, president of Vascular PRNSM. “There are treatment protocols to help a patient prevent or address these concerns when they are clinically avoidable.”

The National Pressure Ulcer Advisory Panel suggests that monitoring, evaluating and revising patients’ diets, repositioning them, knowledge of their hemodynamics, and support surfaces are critical to keeping ulcers and wounds under control. A key part of the medical professional’s role is to document all the steps taken to care for the patient, communicate to the patient and his or her family, and involve them in the decision-making process. Case studies show that a minimum of 35 percent of lawsuits for nursing home or hospitals involves poor documentation that does not sit well with a jury.

“The skin is such an important organ that is sometimes forgotten,” said Grambor. “There are very efficient, affordable products out there for medical professionals to rent or buy to lessen a patient’s risk and decrease their own liability.”

For example, a Skin IQ™ is an electrically powered mattress coverlet that prevents skin breakdown and pressure ulcers as well as a LAL mattress. At $6 a day for the Skin IQ versus a LAL mattress at $30 a day, it also helps to minimize costs. For venous stasis leg ulcers that can be slow to heal, compression pump therapy products can stimulate venous blood flow and increase fibrinolytic activity.

“Everyone on the team needs to be well versed in wound and ulcer care,” said Grambor. “From a CNA to the dietician, and even new staff when turnover occurs, should be able to consult the patient’s file and the facility’s guidelines on preventing and lessening these issues.”

Best practices also include photographing a patient’s wounds or ulcers on admission, keeping accurate records of the patient’s care, and noting his or her compliance with the care given. Tracking how the issues are addressed in the patient file, along with precise staffing records and consistent use of best practices for care can dramatically decrease a facility’s liability.

“Medical professionals should be able to know their patient from head to toe,” said Grambor. “Vascular PRN is here to help you get access to the equipment you need to address ulcers and wounds proactively, and we can make a difference in your patient’s health overnight.”

Vascular PRN has decades of experience helping nursing homes, surgery centers and hospitals, managed care organizations, and other institutions with compression therapy pumps and the new Skin IQ. To learn more about a Sequential Compression Device, SCD boots, or the Skin IQ coverlet, visit http://www.vascularprn.com/ or call 800.886.4331.

“The abandonment of the long-term care provisions in the health reform act scared millions of American seniors and their families,” said Evan Tunis, president and CEO of Next Exit Retirement, a Boca Raton long-term care insurance broker or West Palm Beach long-term care insurance broker. “What were they going to do to pay for their pricey nursing home or assisted living care? Given the fact that there are 40.3 million seniors in the U.S., this is a bigger issue than many may think.”

To put these numbers into perspective, Senior Journal released statistics that revealed between 2000 and 2010 people in the 45 to 64-year-old age bracket increased to 31.5 percent of the total population, or 81.5 million individuals.

“That age bracket wasn’t the only one to explode,” added Tunis. “So did the 65 and older demographic, growing at a rate of 15.5 percent and topping out at 40.3 million. Those numbers are significant and those in that age bracket may need long-term care, assisted living facilities to stay independent, or nursing home care. If they don’t have long-term care insurance, this will be a major struggle not only for the individual, but the family.”

Make no mistake, this is a very emotional issue and it has a serious impact on the elderly and their caregivers. The White House said it could not find a plan that offered a reasonable premium, and so they killed it, leaving stunned and frightened seniors and caregivers trying to pick up the pieces. With one in five caregivers scouring the Internet for long-term care information and almost 12 percent of Internet browsers trying to find the same information, this is an issue that will not go away.

Long-term care has a life of its own, particularly since the costs are continually creeping upward. For example, a couple who are 65-years-old or older can expect to pay at least $197,000 for their care. If nursing home care is also a part of the equation, that cost may hit over $260,000 to $570,000. “No one has that kind of money on hand, especially not seniors, and Medicaid does not fill the gaps,” Tunis indicated.

With statistics like this facing the aging American population, it is definitely time to emphasize that buying long-term care insurance when younger is a smart move to protect one’s future. As it stands right now, seniors are faced with a lose-lose situation when it comes to trying to maintain their health. The very people that built the nation are being left out in the cold to fend for themselves because the government, once sworn to protect the rights of everyone, is abandoning them to save money.

“I honestly can’t urge you strongly enough to take your health care into your own hands and plan for the future. It is a critical issue. Calling me now to talk about what long-term care policy would suit your circumstances will give you peace of mind, not to mention that you will be able to maintain your independence later on in life because you planned for the future,” Tunis added.

Evan Tunis is with Next Exit Retirement. To learn more about Boca Raton long-term care insurance or West Palm Beach long-term care insurance visit http://www.nextexitretirement.com.

Sound like that might be impossible? It’s not impossible. There are companies out there that can create specially tailored content just for your insurance website, and make ideas and your story, products and services come alive. This is what you need to capture your audience’s attention. And once that is achieved, potential customers make a buying decision based on what they have seen and read. While this may sound simple, it rarely is, but with the right company directing your search engine optimization campaign (SEO), your site will experience increased traffic and conversions.

While you may be wondering why the content on an insurance website needs to be descriptive and informative, it is because prospective customers need to know what is available for them. They need to find information that is relevant and useful; stuff that makes them come back to see what else is on the website and what products would suit them. We know this, because we have been in the insurance business for more than 25 years and certainly know a thing or two that would help your insurance marketing efforts.

A quality insurance website also has personal touches to inform visitors about the agent or broker behind the site. This is attraction marketing at its best, and lets people know who they are dealing with and what services and policies might suit them. This means that website content is key for visitors. Make the most of the opportunity, and offer visitors quality information that is easy to read and understand. The more people know about your insurance business, the more you tell them what you offer, the more information you share, the more people will ultimately decide you have what they need.

Look at it this way – if you landed on a website that made you yawn, would you remember it? Of course you would not. However, if you went to a site that made you laugh or told you something you did not know, you would recall it and likely pass it along to others.

ReadytoQuote is aninsurance marketing company, ReadytoQuote.com. ReadytoQuote.com specializes in marketing insurance websites online. Learn more at ReadytoQuote.com.

“When your profits are gone, the first place you look is to see who is taking the most money off you,” said Kevin Tackett, the president of the Quiznos Franchisee Association (QZFA).

With less people going to restaurants, franchisees start to look around the store for answers. Is it new food that is cutting into profits, forced advertising campaigns, or upgrade costs, for example? When a franchisee feels that their part of the franchise agreement is not being upheld, they should present their concerns to a franchise attorney, allow him or her to review the terms of their agreement, advise on those terms and potentially seek to initiate negotiations or litigation against the franchisor. Resolving a franchise dispute quickly is essential to making sure the business can run smoothly and be profitable.

Wendy’s recently settled with its largest franchisee, the WendPartners Franchise Group, after it wanted stores to install new toasters for an up-and-coming cheeseburger that would increase sales by more than two percent. Big costs like new toasters across many stores can be tough when profits are not as plentiful as they were in the past.

Burger King settled a lawsuit with its franchisees in the spring after store owners were required to sell a double cheeseburger for $1 as part of a promotion. Franchisees said they were losing at least a dime per sandwich, and when you add it up, it hurt their bottom line. The Burger King National Franchisee Association says the settlement has been a positive step that allows franchisees to have more input in future promotions. The restaurant is also hoping that a menu makeover will also drive more profits to the franchisees.

Quiznos survived a slew of franchisee lawsuits back in 2009 too. Franchisees were in disputes over royalties, marketing funds, and food and supply issues. The QZFA seeks to work with Quiznos Corporate in an open way so that business decisions are more transparent and profit concerns are addressed more efficiently.

And even over at KFC, the franchisee-led KFC National Council and Advertising Cooperative (NCAC) won a recent battle against the corporate office over advertising. Advertising strategies and promotional dates should be a discussion between both sides to have the most impact.

In the end, franchisees are wise to have a franchise lawyer on speed dial and open lines of communication with their fellow stores. The downturn in the economy is too severe to go it alone against the corporate office.

Anthony Spotora is a Los Angeles business lawyer, Los Angeles franchise lawyer, and Los Angeles business litigation attorney. To learn more, visit Spotoralaw.com.

While it might seem odd to hear that a doctor and a lawyer could work together over issues like tort reform, it is happening more often on a larger scale. This can only be good for the eventual demise of tort reform. Many doctors see tort reform as necessary for a variety of reasons. They think it will reduce their medical malpractice insurance premiums. It won’t. And they think their liability should be limited. It should not.

Basically, the problem with tort reform, besides the fact that it is blatantly unfair and unethical, is that doctors do not really understand what it could mean to a patient that needs lifelong medical care. Their focus is limited to trying to deny or diminish liability for any medical errors. To be fair, some instances labeled medical malpractice are not, and not all bad medical outcomes are the end result of medical negligence. That is just the way it is.

The whole issue really gets right down to education. Educating medical professionals about what tort reform really means equals refocusing them from the desire to pay less in medical malpractice premiums to considering how a catastrophic injury caused by medical negligence can seriously affect the victim. Certainly there needs to be some willingness on the part of the medical professionals to admit when a mistake is a mistake. That does not happen too often.

Now there is a divided camp of sorts between the American Medical Association (AMA), who insists tort reform is needed to reduce medical malpractice premiums and open the door for more people to have access to medical care. Frankly, it would seem the AMA is buying into the hype insurance companies sell them – that the number of malpractice cases is the reason for high premiums. Actually, it is the insurance industry wanting to make more money that drives premiums up.

In the other camp is the American Association for Justice (AAJ), who states simply that limits are unfair to the victims and do nothing to lower medical malpractice premiums. In other words, the relatively few high verdict medical malpractice cases has nothing to do with increasing insurance rates, but the economy, greed, low interest rates, the recession and lack of compassion do.

This argument has been around for years. It will continue. In the meantime, if just one doctor at a time can be converted to see the real issue relating to medical malpractice insurance and tort reform, then that may be considered to be progress.

Christopher Mellino is a Cleveland Malpractice Lawyer specializing in Cleveland Medical Malpractice cases in Ohio. To learn more, visit Christophermellino.com.

“It’s not hard to lay ceramic tile over existing tile, but you do need to take care and take your time if you want an exceptional result and look,” remarked Dean Dupre, who owns Champion Tile, a Clearwater Flooring, Tampa Flooring, and tile installation company.

Typically, before even trying to put down a ceramic tile floor over existing tile, the condition of what is already down must be taken into consideration. If the existing tile is in good condition, the task will be a bit easier. Ceramic tile must be able to have a good and secure bond to what material is under it. “What you need to check to see if it is in good condition is to find out if the current flooring is still stuck to the subflooring and you don’t get hollow sounds underneath it. If those two things check out, you’re pretty much good to go,” Dupre commented.

The next step is to thoroughly clean the floor to get rid of any grease or dirt before putting anything on top of it. When done, scuff up the tile and grout to help the new mortar stick to the old tile. “Remember to trim your door jams as well, as adding tile on top of an existing floor usually raises the level,” cautioned Dupre. Throw in a new threshold plate and things should work well.

If the existing floor is not in good condition, then start the removal process by getting a sturdy pair of safety glasses. “This is not a fun job and if your eyes are not protected, you’re asking for trouble when you chip the existing tile away,” said Dupre.

If the subflooring is wood, and it was installed on cement backer board, this is a bonus. It is easier to remove. However, tasks such as chipping out the old flooring are better in the hands of a qualified Tampa flooring contractor, as they will ensure the results are professional.

To learn more, visit http://www.champtile.com.

“While you may think it is a stretch of the imagination to think you could be in debt so deep there is no way out but bankruptcy, this is a reality in America today,” said Clelland Green, RHU, CEO, and president of Benepath in Pennsylvania.
“That isn’t meant to scare you. It is meant to tell you how it is. Feel free to check this out at http://www.pnhp.org/new_bankruptcy_study/Bankruptcy-2009.pdf, where you will find some startling figures that put the medical bankruptcy problem into sharp focus.”

The facts are that medical issues have caused at least 62 percent of all personal bankruptcies filed in the U.S. in 2007. “The cost of medical care has risen sharply since 2007, and continues to rise even as you read this. With those kinds of statistics, the very thought of ‘not’ having health insurance is frightening,” Green added.

Without good health, it becomes increasingly more difficult to hold a job, pay bills, take part in life’s daily tasks, keep a roof over one’s head and put food on the table. The money that does come into the home is paid out to medical expenses; expenses that eventually overwhelm every other bill an individual or family needs to pay. There is no end to paying medical expenses, largely because they are so high to begin with. “For instance, a broken leg may cost $17,000 and up. With a bill that high and other expenses to meet, people just can’t keep up,” Green indicated.

While the cost of insurance may seem prohibitive, it is far less expensive than having to pay a $17,000 or higher medical bill. With insurance, the costs are manageable. Without it, the patient is responsible for all the costs associated with a broken leg including, but not limited to, the ambulance bill, medications, x-rays, materials to set the bone, surgery if required, casting, follow-up care and physiotherapy. That would be one whopper of a bill without insurance.

“It is vitally important to carry health insurance, even in tough economic times, unless you plan to add even more fuel to the fire by being involved in an accident or coming down with pneumonia. If you can deal with the mega bills, then you can manage without insurance. Most of us can’t, and for this reason, even if it means cutting a few corners here and there in the household budget, it makes good, common sense to have health insurance,” stated Green.

To learn more, visit http://www.benepath.com. Benepath is the leading provider of affordable health insurance quotes. Visitors to Benepath.com can get health insurance quotes from top rated insurance companies in all of the United States.

“By showing a blatant disregard for worker safety and health, this employer continues to expose workers to deadly hazards,” said OSHA Assistant Secretary Dr. David Michaels.

In the current round of citations by OSHA, All-Feed was found not to have the right dust collection units for dust from food ingredients. It also did not require workers to use respirators who were exposed to dust levels that are in excess of allowed exposure limits. All-Feed was also given a serious violation for not having a written certification showing that they had eliminated all hazards that could pose an injury or fatality in its facility’s confined spaces.

As a result of 10 years of serious violations, All-Feed is in OSHA’s Severe Violator Enforcement Program. OSHA will conduct follow up inspections to see if these errors are resolved and worker safety requirements are being upheld.

Beyond the violations already listed, All-Feed failed to keep industrial trucks filled with liquid propane away from combustible dust. The truck drivers did not have safety training and did not have load ratings on lifting devices. The company also did not have a hearing conservation program for employees who worked in areas of excessive noise. Signage was not visible to warn employees of dangerous areas and equipment in hazardous areas did not have warnings on them.

For workers who are dealing with breathing issues and other serious work-related health matters, workers’ compensation is available. Workers’ compensation is designed to help with medical bills, lost time away from work, and other related costs for work-related injuries and illnesses. If an employer is discouraging or blocking a worker from seeking adequate treatment, the employee can get an Illinois workers’ compensation attorney to help uphold their rights.

Robert Briskman is a Chicago workers’ compensation attorney and Chicago workers’ compensation lawyer with Briskman Briskman & Greenberg. To learn more call 1.877.595.4878 or visit http://www.briskmanandbriskman.com/.

“For native Floridians who have never driven in snow, let alone dealt with icy roads, the family trip up north can be a stressful one,” said Vincent Payne of AGIC Insurance, Inc., a Florida car insurance company. “Get peace of mind by having a chat with your insurance company and learning more about how to drive in cold climates.”

Sometimes the most basic tips are helpful to arrive at the family’s snowy holiday destination. Trips can take longer in wintry conditions, so make sure to give the driver extra time to drive safely. Driving slower is important when it is sleeting, icy, or snowing, as it does take longer to brake, turn, and even accelerate in these conditions. Make sure to not ride the bumper of any cars in front, as braking can get tricky in winter weather.

“Make sure your cellphone is charged and the gas tank is full if you know you will be heading into dangerous weather,” said Payne. “Having properly inflated tires helps too and buy a scraper to use up north to get frost or snow off your automobile.”

Other basics to know are to be extra careful when driving over bridges or areas that do not get much light. Cruise control should also be avoided when the road is slippery as sudden braking or accelerating can cause hydroplaning.

AGIC Insurance, Inc. makes it easy for drivers to be prepared for holiday driving. Over the phone or online, drivers can get assistance and learn more about their affordable Florida auto insurance quotes. To learn more, click on http://www.agicinsurance.com or call 1-877-854-0123.

This reported case may sound like just another drunk driving conviction, but this one has a twist to it. This story started when a young 24-year-old man doing duty as a designated driver was taking his friends home from an evening out on the town drinking. After dropping the last one off, he headed home, but never made it.

In the middle of an intersection, another car driven by a 26-year-old woman ran a red light and slammed into the side of the man’s car. His family was in deep shock when they heard the news. That shock also turned to anger when they found out that her blood alcohol level was 0.229, and the legal limit was 0.08. The family sought legal counsel and filed a wrongful death lawsuit.

Before the civil action was launched in court, the woman was criminally charged and convicted o driving under the influence, first-degree vehicular homicide and reckless driving. The court ordered her to begin serving a five-year prison term, with another five-year term spent on probation. The unusual twist to this case is that the mother of the deceased requested the court to order the woman to always carry a picture of her dead son with her during her sentence, and the court acquiesced to the request in the hopes it would drive home a point – that her negligence killed someone.

It never ceases to be a source of disappointment that people still drink and drive. It has been proven over and over again that driving while drunk kills. Sadly, those who drink and drive, and think that they will get home alive are being thoughtless, and may also wind up as dead as the innocent victim they run over because they wanted to get drunk.

Have you been in a wreck with a drunk driver? If you have, contact an experienced Atlanta personal injury lawyer and start asking questions about how you can recover compensation for your injuries. You will need to know your legal rights and how a case may proceed should you file a lawsuit with the assistance of an Atlanta personal injury lawyer. Do not wait to make that call. Your recovery may depend on it.

Tim Anderson writes for Atlanta Personal Injury attorney, Stephen M. Ozcomert. The firm specializes in personal injury, malpractice, motorcycle accidents, and wrongful death. To learn more about Atlanta personal injury lawyer, Stephen M. Ozcomert, visit Ozcomert.com.

As these attitudes have shifted, marriage has become less of a focus. Out of wedlock babies have increased, though. Being a good parent, to Millennials, does not necessarily mean that marriage is a must. Many couples are choosing to delay marriage, live together, and break away from the social norms of their parents.

Even though marriage is delayed or not a preference, when a couple has a child it can make them refocus their priorities. Some decide to create a cohabitation agreement to help spell out their responsibilities and rights as parents and a couple.

This can help protect each person and set up a framework should something happen to one of the parents. A modern-day – cohabitation agreement includes:
- each person’s parental rights and duties
- financial obligations
- property rights
- health care directives
- estate planning and inheritance wishes
- how long the agreement is good for and/or how it can be revised

For some Millennials, this is a good warm-up to getting married. The agreement helps safeguard each person yet also sets out how each person will be looked after. As a couple establishes more assets, property, and moves up in the work world, it can be a critical document to help them create a prenuptial agreement once it is time to get married.

Sometimes, though, the cohabitation and relationship does not work out, even if there is a child that both parents mutually love and want to care for. In these instances, the cohabitation agreement can provide a path for the main caregiver to receive child support. It will also help to modify each parent’s duties and set up a visitation agreement that both parties can agree to. For couples that can amicably agree on the parenting agreement, litigation is not necessary. A family law attorney can assist in creating a plan that the courts will approve for child custody and the visitation schedule.

Gerald A. Maggio is an Orange
County family law attorney, in Irvine, California. To learn more about Orange County family law attorney, Gerald A. Maggio, visit Maggiolawfirm.com.

When a truck accident occurs, serious and deadly results are an unfortunate consequence. Every month, news headlines are filled with accidents involving drivers who are distracted, DUI, did not get adequate rest, or were not driving vehicles that were properly maintained or inspected. Car drivers must also be mindful of how to share the road with a semi truck. As these big rigs have blind spots where it can make driving too close to them a deadly occurrence, drivers need to be extra careful. The right side “no zone” is especially dangerous as these vehicles make wide right turns and are unable to see you if your vehicle is in this blind spot.

Tractor trailers also take a lot longer to stop than a normal vehicle. You do not want to dart around them, pass in front of the truck, or try to squeeze in just to get to your destination faster. The Federal Motor Carrier Safety Administration (FMCSA) advises that drivers should check that the entire front part of the big rig is in the rear-view mirror before you pull in front of them.

As the commercial vehicle safety standards are increasing in the big rig industry, there is still more to be done to protect auto drivers from the harm that can be caused by them. The Commercial Vehicle Safety Alliance (CVSA) recently finished its Brake Safety Week. From the CVSA’s weeklong inspection it found that brakes are still the number one defect. Proper adjustment and brake maintenance is crucial to having a safe vehicle.

The CVSA also sponsors the Operation Safe Driver campaign. This involves discouraging distracted driving. Use of cellphones for chatting or texting, messing with a GPS system, or even eating while driving a big rig can have deadly consequences. “We will not rest until all drivers are thinking safety first, every trip, every time,” said FMCSA Administrator Anne S. Ferro.

For automobile drivers and passengers who are dealing with the aftermath of a serious big rig accident, it is critically important to seek legal advice to take care of medical and financial concerns.

John Hale is a Waxahachie personal injury attorney and Ellis County personal injury lawyer helping injury victims near Dallas, Texas. Learn more at http://www.hale911.com/.

The Social Security Administration is commissioning a review of the entire disability system to make sure it is not awarding benefits to those who do not deserve it and to make sure the agency is not denying benefits to those who do deserve them.

The SSA will review the work of about 1,500 disability appeals judges across the country whose rates vary significantly from the norm. Some judges award benefits less than 20 percent of the time while others award benefits almost 100 percent of the time, according to a story in the Wall Street Journal.

The Administration has already decided to stop notifying applicants who their judge will be in their appeal to discourage shopping an appeal to a more lenient judge.

The Administrative Conference of the United States will take on the review. The independent government study organization hopes to make recommendations for updating the appeals process in 2012.

The Social Security Disability Insurance program provides financial assistance to Americans who cannot work. The Wall Street Journal reported that the program paid $130 billion in 2011 to 10.6 million people.

If a case comes before a federal Social Security judge, it has already been denied twice at the state level. There is a tremendous backlog of cases at the federal level.

In September of 2011, there were more than 771,000 people waiting for their appeal to be heard. The SSA has been working to address the backlog issues and it has cut down on the number of people who die while they wait for their appeal to be judged, according to the WSJ.

The hearings usually last about an hour. Some critics have said judges pushing cases through much more quickly than that are cutting corners and not doing thorough reviews. The conference plans to factor how much time judges look at cases into its review.

The SSA’s commissioner told Congress in the summer of 2011 that judges awarding disability benefits more than 85 percent of the time cost the agency another $1 billion a year. The Wall Street Journal reports that there are more than 100 judges whose award percentages are that high.

Overall, the federal court system is finding errors or overturning about half of the decisions made by Social Security judges. The independent study will review how the federal courts are looking at the cases to make sure it is interpreting the SSA’s rules consistently, according to the WSJ. A qualified Social Security Disability attorney can help clients file appeals with the agency.

Robert Alston is with Alston & Baker, PA. To contact a Zephyrhills Social Security Disability attorney, Zephyrhills divorce lawyer, or Zephyrhills personal injury lawyer, call 1.888.500.5245 or visit http://www.alstonbakerlaw.com.

“Health insurance leads are gold and need to be worked as soon as you get them,” commented Clelland Green, RHU, CEO, and president of Benepath.net in Pennsylvania. “And the reason for that is when people have made the decision to buy, they tend to call for information and want their insurance right away before they change their minds.”

Before picking up the phone and calling a health insurance lead, be prepared with all the information they requested and have even more on hand, just in case. “Marketing insurance isn’t always easy and it is better to be over prepared by having too much information, rather than not enough,” added Green. “The main thing to remember is to answer their questions and ask some of your own. This puts the conversation on a more personable level, like you were talking to them across a coffee table. Anyone searching for the right health insurance will have lots of questions, and if you can answer them, that may mean a sale.”

To work successfully with health insurance leads, make certain they are real time leads delivered within minutes of the query for more information being received through an online form. These potential clients are expecting a call and will appreciate the promptness of the response. “Fresh leads delivered directly to your inbox are well worth the investment as they are exclusive to only you,” Green said. “This provides you with a leg up over other agents who did not opt for exclusive leads and find out they are sharing them with at least five to six others.”

In today’s busy world, there is the chance that when the request for information is made by the agent, that the person who asked to be contacted may not be available when called. Often it takes several tries to reach someone, but keep calling and leave a voice message if that option is provided. Not leaving a message is the equivalent to not calling in the first place. “And if you want to be a successful insurance agent, you will utilize every marketing tool you can think of to make a sale. Using exclusive health insurance leads is one of the best tools you could have in your marketing arsenal,” Green remarked.

To learn more, visit http://www.benepath.net. Benepath is the leading provider of health insurance leads. Visitors to Benepath.com can learn more about getting exclusive health insurance leads from all of the United States.

More workers and resources are being allocated to visa adjudication by the Department of State as global travel still remains a vital national economic interest. At busy posts throughout the world, officers can interview 100 visa applicants or more on a daily basis. Sophisticated technologies such as biometric checks are being used to improve security-related measures for screening applicants along with multiple biographic checks. The Department is also increasing visa adjudicators, and targeting new hires that can assist in China and Brazil.

The posts in China and Brazil offer extended hours to conduct additional visa applicant interviews. In the last five years, visas have increased by 234 percent in Brazil and 124 percent in China. China saw an increase of 35 percent in fiscal year 2011 alone, and processed more than 1 million visa applications in just one year.

When there are increased seasonal demands for U.S. visas, the Department of State will add temporary duty officers to manage interviews and processes. Wait times worldwide are typically one week for an interview appointment, and student visa interview appointments at some posts take less than a week and a half.

Interview appointments for business travel can be expedited to make business travel more efficient. The Business Visa Center supports U.S. companies that want to attract foreign workers and clients to visit or attend conventions in the U.S. FY 2011 saw 3,500 requests for business travel to the United States.

Student visa interviews are also prioritized. International students bring economic, social, and intellectual benefits to the U.S. and generate close to $20 billion to the economy on an annual basis.

Stewart Rabinowitz is President of Rabinowitz & Rabinowitz, P.C. Mr. Rabinowitz is Board Certified in Immigration and Nationality Law by the Texas Board of Legal Specialization. To contact a Dallas immigration lawyer or Dallas immigration attorney visit Rabinowitzrabinowitz.com

Unfortunately, even with the latest push to improve big rig safety, there are still far too many devastating accidents taking lives, and often taking them in a grisly fashion. The difficulty is that many passenger vehicles do not seem to understand or appreciate that driving a huge commercial truck is not like driving a smaller car. They are far more difficult to maneuver, do not stop quickly, and cannot see you in certain blind spots.

Most commercial trucks easily weigh more than 80,000 pounds. On the other hand, passenger vehicles may weigh about 3,000 pounds. It does not take too much imagination to realize that 80,000 pounds slamming into 3,000 pounds means a disaster, often one in which someone loses their life. Their enormous weight is why it takes them longer to stop. The forward momentum of that much weigh just keeps going until the brakes kick in.

Another factor that most do not think about is that many truckers are hauling hazardous cargo such as flammable material, making how they drive much more of a safety issue. A truck loaded with gas or other highly flammable materials stands a good chance of exploding if it is involved in an accident. This may mean death in a fire or severe burns and respiratory issues.

But these wrecks are not accidents. Most are caused by decisions made months or years earlier by trucking companies trying to maximize profits. The pressure of an employer breathing down their necks is often another reason why truckers get into accidents. The truth is that many truckers drive for too long, are tired, distracted and not fully alert and aware. So they may drift off behind the wheel.

Truckers are often expected to do their deliveries as fast as they can to make the company money, skip proper maintenance checks to make their trips quicker and falsify log books to show they had the requisite number of sleep breaks, when they did not. Similarly, trucking companies often shirk their responsibility to properly train their drivers or to hire experienced drivers in efforts to save costs. These conditions virtually guarantee an accident waiting to happen.

Even with the latest move in the trucking industry to ban cell phone usage, and calling and texting while on the road, accidents caused by these very actions are still happening. Some truckers, feeling like nothing will happen to them, are still driving while distracted. This is a recipe for an accident.

Trucking accidents may become even more of a problem for residents of Austin and other Central Texas towns. The federal government recently began allowing trucks from Mexico to travel deep into the United States. Many of these trucks, which might pose an even bigger risk than domestic trucks, will be traveling through our area along I-35.

No matter what caused a truck accident that you may have been involved in and no matter where it happened, make the first phone call for legal help to a seasoned Austin personal injury attorney. With their help, you will be able to recover the compensation you need to cope with your injuries. An Austin personal injury attorney’s job is to help protect your rights and help you through the courts to get justice.

Brooks Schuelke is an Austin personal injury attorney with Perlmutter & Schuelke LLP. Contact an Austin injury lawyer at Civtrial.com or (512) 476-4944.

Texas had been in second place behind the Tar Heel State for almost a decade, but edged to first place in November’s rankings. Texas claimed more than half of the inbound business relocations and about 40 percent of all the new jobs in the United States since 2009.

An annual study of corporate relocations by Atlas Van Lines showed 7,200 companies moved to Texas in 2010.

Part of the publication’s ranking comes from a close look at each state’s new and expanded facilities, total projects in relation to population, the state’s business tax climate and how each state did in the magazine’s “Competitiveness Ranking”, published in the spring.

The rest of Site Selection’s ranking criteria comes from comments from business owners themselves gathered in an executive survey. The publication heard repeatedly that Texas’ available workforce was a key component to choosing the state for a business location. But the magazine also heard that the state’s 2003 tort reform and comparatively low barrier to entry also played a big part. Some of the respondents said the state’s lack of an income tax played a role and others said the government simply makes it easier to do business there.

As Texas businesses climate continue to be attractive, so will Texas’ mergers and acquisitions activity. Across a span of industries from health care and technology to construction and real estate, a more vibrant business community feeds an appetite for acquisitions.

The magazine’s business climate analysis of Texas included a look at the top cities in each size category. Forbes Magazine published a list of Best Cities for Jobs. In that ranking, Texas owned the field.

In the small metro area category, Texas has three of the top five cities in the country. In the mid-sized metro area, Texas has three of the top five cities in the country and in the large metro area category, four Texas cities are in the top five in the nation, including Dallas.

The publication also looked at office space as an indicator of where companies are doing business this year. The analysis showed that Dallas is drawing relocating companies from California and the city expects more activity as the market continues to improve.

Executives at new companies, emerging companies and relocating firms all see Texas as a business-friendly environment where their business can grow and thrive, according to the magazine.

Seth Wilburn writes for the Gomez Law Group, a Dallas employment lawyer and Dallas business lawyer. To learn more, visit Gomezlawyers.com.

“The Florida Legislature and the campaign are going to focus their solutions on how to curb fraud and rein in insurance costs in the next year,” said Lee Rogers of the Florida Insurance Group.

Claims from Orlando, Tampa, Miami, and Hialeah had the most questionable accidents statewide. State legislators want to focus their efforts in these big cities to see how improvements can be made. Governor Rick Scott is zoning in on preventing fraud, limiting auto accident lawsuits, and reforming auto-medical clinics and accountability. These issues are costing taxpayers close to $1 billion a year.

Floridians pay more than 50 percent higher rates on auto insurance than other states’ residents. Concerned individuals want to find out how other states with personal injury protection and no-fault laws have been able to keep fraud and premiums in check.

“Each year it is good to review your auto insurance premiums to make sure they have all the protection you want and need,” said Rogers. “This is a time when we can shop your policy around to see if there is a more competitive rate.”

To learn more about the Florida Insurance Group, call 1.888.525.2210 or visit http://www.floridainsurance.com.

“This is tragic news for the family and friends of Javier Salinas, and our hearts go out to his loved ones as well as his colleagues,” said Connecticut Governor Dannel P. Malloy. “As we engineer and construct new buildings and repair old ones, we must remember that the work facing our builders and constructions trades professionals can be incredibly dangerous. Our thoughts and prayers are with Mr. Salinas’ family at this very difficult time.”

The Occupational Safety and Health Administration (OSHA) is investigating the incident. OSHA mandates that contractors and subcontractors have specific measures in place for fall prevention and protection. Falling is the number one cause of death in the construction business over all other forms of occupational death. Falling from high elevations, scaffolds, ladders, buildings and equipment is largely preventable.

Every year, $70 billion is spent on occupational fall incidents, including medical costs and workers’ compensation, reports the National Institute for Occupational Safety and Health (NIOSH). Yet every year, unsafe practices and little safety education continue to be a persistent problem in the construction industry. A deceased individual’s loved ones can go after the employer or a third party that led to the workplace accident in a wrongful death lawsuit. Employer or manager negligence or carelessness in following safety regulations, or manufacturer defects can make these parties liable for the unexpected death.

At a minimum, OSHA mandates that employers must identify fall hazards at a site, educate workers on how to avoid unsafe conditions and recognize them ahead of time, and provide appropriate equipment for safety. Part of this also involves continuing education to train workers in the latest prevention techniques.

OSHA will undoubtedly investigate why there were no guardrails or personal fall arrest systems in use at this multimillion dollar facility. Safety ropes and auxiliary equipment should have been in use and periodically inspected for wear and tear. And if weather conditions contributed to the incident that day, OSHA will determine if the employer put the workers in further peril by this too.

Alexandra Reed writes for Connecticut personal injury law firm, Stratton Faxon. Contact Stratton Faxon to speak with a Connecticut accident lawyer about your personal injury, wrongful death, or Connecticut malpractice case. To learn more, visit Strattonfaxon.com.

The CAVC heard oral arguments in a case at the law school as part of Mercy’s Veterans Appellate Clinic in October. The clinic gives students an opportunity to represent veterans in their service-related disability claims with the Department of Veterans Affairs.

The court heard the case of Michele D. Burden in her claim against the VA, which denied her widow’s benefits in a dispute over the validity of her common law marriage in Alabama. The claimant was married to the veteran at the time of his death in 2004, but they had not been married for a full year. Since she was not married to the deceased before or during his service, she claimed that, under Alabama law, they had a common law marriage. The VA disagreed and so the appeal brought the case before the CAVC.

The court has a narrow jurisdiction. Its job is to review final decisions from the VA’s Board of Veterans’ Appeals. The court gives veterans judicial overview of their benefit claims with the VA.

When the court visited Detroit for the oral arguments, it stayed for two days, spending one day leading a class and teaching students how to prosecute claims. The law school limits the class to six students per term, so there was plenty of access to the judges.

Congress created the CVAC in 1988 when an influx of claims by Vietnam veterans made it clear that the VA’s process needed updating. Until then, there was no access to judicial review for veterans’ claims, according to the CVAC website. Since then, Congress has lifted restrictions on veterans who wanted paid legal representation in their claims against the VA. First, service members and veterans were allowed paid representation in claims before the CVAC and then later they were allowed to hire a lawyer at the beginning of the process.

The Veterans Appellate Clinic at Mercy includes classes in issue framing and appellate strategy. The students also learn about electronic case filing and conformance to court rules, according to the curriculum.

The school has another Veterans Clinic class in conjunction with its Mobile Law Office called Project SALUTE. Students in this class get to help veterans and their families gain benefits in claims with the VA.

Project SALUTE is an RV that travels to work with lower-income veterans mostly in the school’s home state of Michigan.

The oral arguments heard at the University of Detroit’s law school by the CVAC were open to the public and local attorneys who practice veteran’s disability law came to the school to watch the proceedings.

James G. Fausone is a Veterans disability lawyer and Veterans attorney with Legal Help for Veterans, PLLC. Learn more at http://www.legalhelpforveterans.com.

Americans have been discussing the tort reform debate for a number of years, and, as always, it is a debate that infuriates many. There are those in favor of tort reform and those against it. The main thing is this – if you are involved in a personal injury case that leaves you with catastrophic injuries and you need medical care for the rest of your life, you suddenly understand how important it is that damages are not capped. In other words, if you expect to be able to pay for your care, you better hope the state you live in does not have a medical malpractice cap.

Is this a simple issue? No. Is it an issue that is unfair to the victims of medical malpractice? Yes. Victims of medical malpractice get hurt twice – once by the doctor, and the second time by the justice system. What possible rationale can there be for the justice system to go along with politicians and rubber stamp a damage cap that, in essence, tells a victim to shut up and live with their injuries because the justice system will not award them any more than they have to according to which cap is in place in a state.

Unfortunately, it is all about money and politics, which is actually the same thing. Supposedly, tort reform saves money on insurance premiums for doctors and reduces the amount of money paid out on insurance claims. See the picture here? Who wants to save money? The insurance companies. They do not care if someone is so severely injured by a doctor that they need lifelong care, so long as they can deny, dismiss or diminish a claim. And what does the victim do? Face the rest of their life, which may have become a living hell, trying to handle their medical care and wondering how to pay for it.

Just to make a point here, it is big insurance money that is pounding into people’s minds that verdicts are too big. They try to outshine in the debate so that every juror thinks an injury victim is trying to take advantage of the system. What happens is that regular, hard working and truthful injury victims could get shortchanged. Leave it to the jurors to decide on an award. There is no need to place a cap if we trust the wisdom of the jurors. They oftentimes have a much better sense of justice than the politicians.

The bottom line? Medical malpractice caps do very little in the way of making health care more affordable. The truth is victims are not getting the compensation they need, and a doctor’s liability is reduced, as they do not face a high premium for negligence. Put another way, doctors can practice and commit medical malpractice with little accountability for their actions.

Another truth that many people do not realize is that the risk of a medical malpractice lawsuit is already taken into account in the existing malpractice insurance system. Doctors are rated on an experience ranking scale that calculates how much of a premium they need to pay. This means less risky doctors pay lower premiums.

Medical malpractice caps get rid of incentives for insurance companies to deal with this issue in a realistic manner, meaning they do not have to pay out what a lawsuit may actually be worth based on the level of negligence involved in a case. What is wrong with that picture? Plaintiffs are getting the short end of the stick because insurance companies want to save money and politicians want to keep the insurance industry voting for them. Whatever happened to the concept of taking responsibility for mistakes? It seems to have died an ugly death when it comes to medical malpractice.

Charlie Donahue is a New Hampshire personal injury lawyer located in Keene. Donahue handles injury cases in New Hampshire and across the United States. To learn more about New Hampshire injury attorney, Charlie Donahue, visit Donahuelawfirm.com.

In the state of Illinois, it is illegal to discriminate against anyone because of:
- Their race
- Color
- Religion
- Age 40 or over
- Military service
- Sexual orientation
- Sex
- National origin
- Citizenship status
- Physical handicap
- Mental handicap
- Ancestry
- Unfavorable military discharge

If you work in Illinois, you are protected from anyone discriminating against you, for any reason, and for all of the conditions of your employment. That would include, but may not be limited to:
- Transfer
- Pay
- Tenure
- Selection
- Harassment
- Promotion
- Demotion
- Performance assessment
- Employment conditions
- Seniority
- Union representation
- Hiring
- Firing
- Layoffs

Not sure how to figure out if there is discrimination in your workplace? Take a look around you and watch how people are treated. You can often figure out if someone is being discriminated against by how they are treated. For example, sexual discrimination often takes place in the form of unwelcome and unwanted sexual advances, asking for sexual favors, or if a superior suggests a person’s position at a company is dependent upon the person having sex with the supervisor/manager. That kind of conduct violates anti-discrimination laws if it gets in the way of job performance or creates a hostile, offensive or intimidating work environment.

There are other forms of discrimination, and one of them relates to an employer not providing a reasonable accommodation for a worker. This can include if someone needs a special monitor to do their job or a certain kind of desk with more space to perform their tasks. Interestingly, this reasonable accommodation provision is also applicable to a person’s religion. This is not to say that a company has to hire those not otherwise qualified for a job, but that they need to make reasonable accommodations whenever it would not cause undue hardship for the employer.

If you are an employer and not clear on what you need to do in the workplace with regard to discrimination, make it a point to contact an experienced Chicago employment lawyer. It is vital you get the right kind of information about discrimination and how to avoid running afoul of the law. Your Chicago employment lawyer has many years in the trenches handling cases dealing with discrimination. You could not ask for better legal counsel.
 
Timothy Coffey is a Chicago employment lawyer and principal attorney for The Coffey Law Office, P. C., an employment litigation firm dedicated to representing employees in the workplace. To learn more or to contact a Chicago employment attorney, visit Employmentlawcounsel.com.

“Home decor choices are important to give a house its own personality, and to reflect your tastes as well. So, if you’re looking for something different to use when you upgrade your flooring, then consider Botticino marble. You won’t be disappointed that you did,” suggested Dean Dupre, who owns Champion Tile, a Clearwater Flooring, Tampa Flooring, and tile installation company.

Lately, this particular marble choice has been catching the eye of architects, homeowners and interior designers for a variety of reasons. It is just about unbreakable and is easy to maintain, two really good reasons to consider it for renovation projects. A slab of Botticino marble ranks very high on strength and durability, and that is what a cost conscious and smart homeowner is looking for to make their home stand out. “Whether you want to use it on the floor or for a wall, the end result is quite striking and you will have a look that lasts a lifetime,” added Dupre.

Flooring is an integral part of any home and many people overlook it in favor of that latest hot painting or sculpture, choosing vibrant colors for the walls and accents, but neglect the floor. That one mistake can change the whole feel of a room. “Make no mistake about it, flooring is far more important than some may even imagine,” said Dupre. “In fact, I’ve had customers tell me that they regretted not having their floors upgraded before they moved in, figuring they could get around to it whenever or do it themselves.”

While many homeowners are handy do-it-yourselfers, the vast majority would not know what to do with marble and grout to make it look professional. For this reason, should Botticino marble be chosen for the kitchen or bathroom, then consult a professional Tampa flooring contractor. “This is a job that needs to go well and have good results,” commented Dupre.

Botticino is a good choice for another reason – its moisture resistance makes it the ideal choice for use in showers, bathrooms, pool areas and kitchen backsplashes. Provided the marble is sealed properly, meaning the grout, there are no concerns about mold and mildew. An added bonus with this choice of marble is its stain resilience and ability to ensure heavy objects being moved on it. “Just sweep it regularly to keep ahead of the dust and hair and if you see a small stain, you may use oxygen bleach,” Dupre suggested.

To learn more, visit http://www.champtile.com.

It is not always easy to find affordable health insurance quotes, and that largely has to do with not knowing what to ask, look for or really what you may need. You might think you need a certain type of coverage that is very expensive, but when you take a close look at other policies, you will find out you just might not need it. It is hard to really say what you need until you write it down.

While that might sound about as much fun as watching laundry dry, writing down what you need, want, and cannot live without and what you do not want are important issues when searching for affordable health insurance quotes. If you start the search without knowing what you really need, you will end up with a batch of quotes that will make you even more confused because they are all for different things. That is the tricky part. If you ask for online quotes, you need to give everyone the same information.

Another thing you might not understand is that the material you see on an insurance website is really only the tip of the iceberg. This is because you cannot expect to have absolutely everything online, as it would be too overwhelming for visitors. Typically, the highlights of what a company offers are online, with a rundown of their policies, prices and services offered. You can get quotes, but you do not get in-depth information, which is what you may need to make an informed decision.

This is where it is a smart idea to pick up the phone and call the agent listed on the site. Have your list of questions ready and take notes to get the answers you need. Speaking to an agent is free and their advice is only based on what is likely the best policy for you and your family. They have spent years training on insurance and know their products very well; well enough to be able to recommend one or two to you based on what you tell them about your lifestyle and needs.

This gives you more background information, a better feel for various products, a sense of the company you may buy from based on the help you get, and a good idea of what you will be paying for premiums. Keep in mind that although you may feel a sense of sticker shock, particularly if you have pre-existing conditions, the value you get in terms of protection when you need it is priceless. If you did not have the coverage, you would be broke trying to pay medical bills, and that is the truth.

Clelland Green is with Benepath.com, a leader in providing health insurance quotes. Benepath provides individuals, families, and businesses with affordable health insurance quotes in just a few mouse clicks. To learn more, visit http://www.benepath.com.

The center’s “Safety Culture Project” shows that even though health care workers give themselves high grades on patient safety, more than 50 percent are afraid to report mistakes because they fear that they would be held against them. For patient safety to increase and medical malpractice claims to come down, this must improve. Currently, adverse events happen in a third of hospital admissions. Medication errors cause another 52 percent of adverse outcomes.

The Joint Commission is concerned that serious injuries and fatalities could be on the rise due to a lack of a safety culture. Communication failures, hierarchy issues, and budget cuts can have a significant impact on a patient’s well being. The commission is investigating ways to foster a better safety culture and best practices from around the country. When failures and errors are concealed by medical staff, there is little opportunity to learn from these mistakes. But when medical personnel are encouraged “…to speak up about risks to patients, and report errors and near misses” patient safety increases and the culture improves.

In Illinois, the OSF Saint Francis Medical Center is participating in the project along with six other centers nationwide. OSF Saint Francis is a Level I Trauma Center, which is the highest level for trauma care. It is the fourth largest medical center in the state and employs more than 800 doctors and is licensed for 616 beds. Also, it is a teaching affiliate of the Peoria-based University of Illinois College of Medicine.

Saint Francis’ project team will use Robust Process Improvement systems to analyze current best practices and examine safety failures. The Joint Commission asserts that all staff must do their part to focus on patient safety. When they fail to do so because of a “…lack of knowledge, fear of retribution, intimidation or hierarchy issues,” patient safety is compromised.

Patients and their families should contact a medical malpractice law firm when they are suffering or grieving after a serious medical error. Paul Greenberg is a Chicago medical malpractice lawyer and Chicago medical malpractice attorney with Briskman Briskman & Greenberg. To learn more call 1.877.595.4878 or visit http://www.briskmanandbriskman.com/.

Paul Greenberg is a Chicago medical malpractice lawyer and Chicago medical malpractice attorney with Briskman Briskman & Greenberg. To learn more call 1.877.595.4878 or visit http://www.briskmanandbriskman.com/.

In most cases, the spouse of the deceased will be left with everything after all of the debts and taxes are paid. This changes the old Florida law that split the estate among the surviving spouse and the surviving children.

In the event that the deceased had children who are not descendants of the surviving spouse, they will now get half of the remaining estate, according to Florida law.

These rules could mean an increased number of lawsuits filed by family members who claim to know the intent of the deceased despite the lack of a will. Since the laws changed, wills that had not been amended since the new laws went into effect will come under closer scrutiny.

The two most significant changes to the law concern the change in the surviving spouse’s inheritance and the court’s ability to change a will if someone presents a case that the will does not represent the intent of the deceased.

If the deceased had no will, then the surviving spouse now will inherit the entire estate if all of the children belong to both the deceased and the surviving spouse. Previously, the surviving spouse would get $60,000 and the other monies would go to the rest of the estate. Portions of the old law continue to apply if there is a surviving child outside of that marriage.

The other significant change in Florida probate law that went into effect this year allows the court to change the will – even if it was unambiguous – if the interested party can prove the intent of the deceased was different from what was in the will.

This could potentially open the doors to many new lawsuits. The law change even says, “In determining the testator’s original intent, the court may consider evidence relevant to the testator’s intent even though the evidence contradicts an apparent plain meaning of the will.”

Probate in Florida includes paying the debt of the deceased as well as taxes and, in some cases, funeral expenses. This occurs before the family or other heirs receive their inheritance. Often this process takes as long as a year (or more) and is handled by Florida circuit courts.

An experienced attorney can help put together a will that serves the exact wishes of a client. But that will needs to be revisited annually to make sure that it is still up to date. In many cases, the attorney can develop an estate plan to minimize probate or avoid it entirely.

Brandon estate planning attorney Reginald Osenton has experience helping clients develop wills, trusts, living wills and power of attorney documentation. He also has experience in helping clients avoid probate, or in helping family members probate estates throughout Florida.

O. Reginald (“Reggie”) Osenton is the Owner and President of Osenton Law Offices, P.A. If you need a Brandon estate planning lawyer, Tampa estate planning lawyer, or Tampa estate planning attorney, call 813.654.5777 or visit Brandonlawoffice.com.

This reported case was incredibly heartbreaking for the biker’s family. A young 43-year-old father was out for an early morning ride on his motorcycle when a big rig made an illegal U-turn right in front of him. With nowhere else to go, the biker swerved to avoid hitting the truck, smacked into a curb and slammed into the side of the truck.

If you can believe this, the trucker, aware of what happened, climbed out of his vehicle, looked at the accident scene, then left. He was later tracked down and arrested on suspicion of hit and run and vehicular manslaughter. Can you imagine anyone standing there in the road looking at a serious, and as it turned out, fatally injured person, and instead of helping, runs away? There are no words to describe this type of person.

Does the family of the biker have a wrongful death case? Yes, they do. Not only do they have a wrongful death case, they have grounds for punitive damages given the egregious nature of the trucker’s negligence. What made the trucker take off? This is a question that investigators will be trying to answer. It may have been because he was under the influence, texting while driving, on the phone while driving, inattention or that he had been smoking marijuana. Whatever the reasons, the outcome was the death of a man, who could have still been alive today but for the trucker’s ill advised left U-turn.

There are two components to this case: the first is the criminal charge, which would be dealt with first. Subsequent to that, a civil lawsuit (the wrongful death case) could be filed. The criminal charge would relate to leaving the scene of a crash, which is not only horrifically inhumane, but illegal. In relation to the wrongful death lawsuit that the family may file, they should be able to claim compensation not only from the at-fault trucker, but his employer as well. To get the right kind of legal representation in cases like this, you will need an experienced Austin personal injury lawyer – one who knows the true meaning of justice for victims.

Robert W. Lee is an Austin personal injury lawyer for The Lee Law Firm. If you need an Austin personal injury lawyer, contact an Austin personal injury attorney from The Lee Law Firm. Visit RWLeelaw.com.