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Why Uninsured or Under-insured Motorist Coverage is Necessary

Drew Dixon — Mon, 23 Jun 2008 16:59:42 GMT

With the cost of treatments for many injuries rising, people involved in accidents do not always have enough insurance to pay their bills after an accident. Almost every state requires a driver carry some liability insurance, but the sad truth is that not everyone does and chances are the ones that do are under-insured. It is estimated that the uninsured motorist population in the U.S. has grown to more than 15%. In fact, in some states such as California it is estimated that as many as one third of drivers do not carry insurance.

What that means is that nearly one out of every eight serious accidents in the U.S. is caused by an uninsured driver. And when an accident is caused by an uninsured driver, the victim may have to rely on their health insurance through work to pay their medical bills. And more often than not the victims lost wages and property damage go unpaid and uncollected.

A solution to this growing problem is the added insurance coverage for "uninsured" and "under-insured" motorists. When you select this on your policy you are covered when the tortfeasor either does not have insurance at all or doesn't carry enough to pay your medical expenses. With this in mind I would recommend that you contact your insurance provider and add both "uninsured" and "under-insured" motorist coverage because you never know when you might be in an accident.

Image source: Wikimedia commons

Originally posted at InjuryBoard by Drew Dixon

DURAGESIC PATCH CRITICAL UPDATE

Frank Bailey — Fri, 28 Mar 2008 11:07:02 GMT

Johnson & Johnson continues to market DURAGESIC patches even though it appears their factories are still not able to produce safe patches. Juries in Texas and Florida have found in favor of families whose loved ones died as a result of a defective DURAGESIC patch. We believe there are more than 70 lawsuits now on file concerning these defective patches.

Although the FDA has been aware of the danger of DURAGESIC patches since 2005 when it received notice that 120 patients died using the patches, it has done little to protect the public other than issuing a safety warning in December. That is why lawsuits are so important in this area.

Since DURAGESIC patches generated $1.6 billion in sales last year, Johnson & Johnson is keeping them on the market. DURAGESIC patches are Johnson & Johnson's eighth biggest selling product. Could that be why these dangerous patches are still being marketed?

The Fentanyl contained in these patches is stronger than morphine and can cause respiratory depression and death if there is a nick or cut in the membrane allowing a larger dose to enter the patient's body than was intended.
If you have family or a friend that has suffered as a result of a defective DURAGESIC patch, we can answer your questions. It is time to make America a safer place to live, free from the greed of large corporations.

Originally posted at InjuryBoard by Frank Bailey

Basic Car Insurance Information

Frank Bailey — Sun, 06 Jul 2008 09:07:39 GMT

Car insurance is complicated. Attorneys don’t always understand policies that are filled with fine print. How can consumers be expected to understand what kind of insurance they are buying. This article is intended to offer some basic understanding of a car insurance policy.

Liability insurance provides money to cover damages you cause to other people or their property due to your negligence. The laws of most states require that every driver have this coverage. The problems come when the policy has minimum limits. In Arkansas that is $25,000 per person and $50,000 per accident. In many, if not most accidents, this is not enough to cover all injuries with today’s rising cost of medical care.

Consumers can purchase higher limits for a minimum amount. Some insurance companies or agents do not disclose this because the additional coverage means the insurance company will possibly have to pay more money out if you are the cause of a serious injury. If you only have minimum limits, the company is protected. It only has to pay the minimum limits, and you may be on the hook for the rest.

We recommend to all our clients that the safe thing to do is to have higher limits even if it costs a little more. What are higher limits? $100,000\300,000 is a good place to start. It doesn’t cost that much more, and will cover all but the most serious of accidents.

Originally posted at InjuryBoard by Frank Bailey

Abuse Ignores Age

Drew Dixon — Wed, 11 Jun 2008 17:32:19 GMT

Elder abuse is often defined as a single, or repeated act, or lack of appropriate action, occurring within any relationship where there is an expectation of trust which causes harm or distress to an older person.[1] In 2006 the United Nations designated June 15th as World Elder Abuse Awareness Day (WEAAD) and each year an increasing number of events are held across the globe on this day to raise awareness of elder abuse, and highlight ways to challenge such abuse.

According to statistics released by the NCEA, more than 30 percent of all nursing homes in the United States have been involved in some form of resident abuse. Furthermore, more than 50 percent of the nursing homes in the United States are understaffed.

With the age of the population ever increasing, more people find themselves requiring the assistance of these facilities. In fact, it is estimated that the demand for beds will far exceed the supply by the year 2010.

Most people believe that nursing home abuse comes at the hands of staff members. However, many instances of abuse come from other residents or occupants. Thus, it is hard to make an exact definition of nursing home abuse because no two cases are the same. Nursing home abuse may be in the form of physical abuse, sexual abuse, financial exploitation, malnutrition, and neglect.

An increasing area of elder abuse stems from self-neglect. Self-neglect is a condition in which an individual neglects to attend to their basic needs, such as personal hygiene, appropriate clothing, feeding, or tending to their medical needs.[2]

For more information on elder abuse and events being held in your area check out http://www.inpea.net/weaad.html.

[1] Action on Elder Abuse, accessed June 11, 2008.

[2] Pathways Courses-Out of the Shadows, accessed June 11, 2008

Originally posted at InjuryBoard by Drew Dixon

IME And The "Fake Bad Scale"

Frank Bailey — Tue, 27 May 2008 09:06:57 GMT

Have you been injured and forced to undergo an examination by the defendant’s doctor (IME)? More and more we hear about the “Fake Bad Scale” being used by doctors to discredit legitimately injured people.

The test consists of a series of 43 true/false questions about pain symptoms. Some of the questions are, “Much of the time my head seems to hurt all over.” Other questions are, “I feel tired a good deal of the time,” or “I am not feeling much pressure or stress these days.”

Each positive answer counts against you. If you are truly injured and have symptoms the test tends to indicate you are malingering. A score of 23 is considered “suspicious.” If you answer in the negative, that means you aren't injured, so with this test, you can't win.

There is a great deal of diverse opinions about the validity of the test in the scientific community. It makes sense to me, that if you have a true brain injury, the test will show that you are a malingerer because you will have the symptoms that count against you.

The test was made up by a defense expert and is opposed by the American Psychological Association. I will be watching decisions from other jurisdictions to see how courts handle this new defense tool.

Originally posted at InjuryBoard by Frank Bailey

Danny Okurily - Death - Bus Accident - Lawyer

Sach Oliver — Mon, 26 Nov 2007 16:27:39 GMT

A terrible accident on I-40 near Forrest City took three lives this last Saturday night. The accident involved a bus, a tractor trailer, and a car. Dozens of people were injured in the accident. The bus that caused the accident belonged to Tornado Bus Lines of Dallas, Texas.

According to the Arkansas State Police, the bus crossed the median and collided with and eastbound truck. Then another eastbound tractor trailer collided with the bus.

Sadly, Danny Okurily, 30 years old, was the driver of the truck and he was pronounced dead at the scene. Danny was from Hot Springs, AR. It is so tragic when we have a loved one taken from us as a result of the negligence of someone else. We should all keep his families in our thoughts and prayers.

Raul Lopez and another victim were also found lifeless on the bus. Raul was 58 years old. He was from West Chicago, Illinois. So many people were traveling over the holiday weekend and drivers have a greater duty to drive safer in high traffic conditions.

If the family members of Mr. Lopez or Mr. Okurily have questions about this accident or about their rights, please do not hesitate to email us or contact us for more information.

Fortunately, David Rice, the driver of the tractor-trailer, lived and only had minor injuries. However, he should still seek proper medical treatment and ask about his rights. Mr. Rice is from Mars Hill, North Carolina.

The scariest part of this tragic event is that 47 people were on this Tornado Bus Line bus. The driver, Felix Tapia, had the lives of so many in his hands including children. The Tornado Bus Line Manifest list only 44 passengers and a driver onboard the bus which was en route from Chicago to Dallas. The bus driver is only 28 years old and is from Brownsville, Texas.

Numerous people were injured in the accident and hauled to the hospital in Forest City, West Memphis and Memphis.

If someone has questions about their legal rights as a result of this accident, please do not hesitate to ask our firm.

For more information on this subject, please refer to the section on Car and Motorcycle Accidents.

Originally posted at InjuryBoard by Sach Oliver

Nautilus Exercise Units Recalled

Chrissie Cole — Sat, 15 Aug 2009 11:24:00 GMT

Nautilus Inc., announced a voluntary recall of 400 Nautilus F3 Chin Dip Stationary Exercise Units because the footpads can break, posing a fall hazard to users.

The recalled products were manufactured by Land America Health and Fitness Co., of China.

To this date, there have been no reports of injury associated with the recalled products. The model number can be located on the frame of the unit.

Nautilus FC Chin Dip Stationary exercise units, with model number F3CD are included in the recall.

To prevent injury, consumers should stop using the recalled exercise units.

Consumer Information: Contact Nautilus at (800) 935-7313 between 8 a.m. to 5 p.m. PT Monday through Friday or visit www.nautilus.com

Originally posted at InjuryBoard by Chrissie Cole

Contact Lenses Can Present Risks To Eyes

Oliver Oliver — Wed, 16 Apr 2008 10:55:32 GMT

I have been dependent on contact lenses since 1976. Because my eyes were very weak, my glasses were as thick as stain-glassed windows. At that time, doctors waited until a patient's eye prescription had leveled out or stopped getting worse. For me, my life changed especially where the opposite sex was concerned! Boys and men just sometimes don't get past the glasses. In the interest of vanity, though, there should be caution when prescribing contacts for young people.

There has been a surge in eye infections and permanent damage from the use of contacts. All wearers should be aware of the risks involved. Serious conditions can result from contact wear which include infections and corneal ulcers. The key aspect of eye infection is that it is hard for an individual to know the extent of the danger. It is imperative to seek medical attention immediately so that the problem can be diagnosed and treated.

More extensive damage to eyes with contacts occurs in the allergy season. All too often, young wearers especially will attribute the irritation to allergy when they have a serious condition.

The FDA has a list of rules to follow which include the simple directive to remove contacts from the eyes but keep them to show the doctor as the contacts themselves may need to be used to determine the cause of an infection. With young wearers, permanent eye damage has occurred because they don't want to put the glasses back on, even for a short time. It is so important for parents and caregivers to help keep an "eye" on young contact wearers and the state of the eyes.

The FDA has a complete section on contact lenses, risks and symptoms of infections. They also have information on corneal ulcers which can be prevented with proper cleaning and links to sites to report defective lenses and supplies. Check out this information and help keep your sights set on the future, see the FDA at http://www.fda.gov/consumer/updates/decorativecontacts102207.html

If you are like me this will be a topic that is of interest to someone in your family. Contact us here at Bailey and Oliver Law Firm if you need more information or have suffered any damage due to defective eye products.

Originally posted at InjuryBoard by Oliver Oliver

Medication Errors Lead To Injury And Death

Frank Bailey — Tue, 08 Apr 2008 15:09:53 GMT

Several years ago we represented a young man who had received Phenegen via the wrong route. The medication error resulted in brain damage. At trial the hospital claimed it had a very low rate of medication errors. The judge ruled that opened the door and ordered the hospital to produce all reports of medication errors for the last several years. We were suprised there weren't more reports, but now realize many of thise mix-ups don't get reported.

Dr. Charles Homer of the National Initiative for Children's Health-Care Quality has found that simply relying on hospital staffers to report such problems was not accurate. His new monitoring method lists 15 triggers on young patient's charts that suggest possible drug related harm. The study found an alarming rate of medication errors occurred with 1 in 15 patients.

This new finding is consistient with the findings by the National Institute of Health which found that preventable adverse events exceed the number attributable to the 8th leading cause of death nationwide. The study found that deaths due to preventable adverse events exceed the deaths attributable to motor vehicle accidents (43,458), breast cancer (42,297) or AIDS (16,516).

Originally posted at InjuryBoard by Frank Bailey

Tragic Highway Accidents

Sach Oliver — Tue, 06 May 2008 16:15:30 GMT

This is a sad, and sorrowful story, but a realistic one. Two people lost their lives in separate highway accidents in south Arkansas this week. One took place on Sunday, and the other, on Monday. Unfortunately, the importance of driving safely is increasing on the roads today.

The first accident was a young boy, only thirteen years old. He, with two others, was driving down the highway, while reportedly passing vehicles in a no-passing lane, when they collided with a truck. The two passengers with the boy survived, and were both taken to the Magnolia Hospital. The two passengers of the truck were also sent there.

The second accident happened at 5:30 PM, when a man lost control of his motorcycle, and careened into a field. Sadly, he died on the scene. Motorcycles are so dangerous, we must all be careful when riding or driving around a motorcycle.

These are horrible accidents that remind us of how vital it is to drive ever so carefully. Bless the souls of the families that have lost loved ones, and continue to drive safely.

Originally posted at InjuryBoard by Sach Oliver