Health Care and Social Law Articles
Articles written by attorneys and experts worldwide discussing legal aspects related to Health Care and Social.
July 16, 2012 By Zevan and Davidson Law Firm, LLC
Market share liability is a unique concept in the United States and is only applicable if and only if the product is fungible. It was first applied in the landmark case of Sindell vs. Abbott Laboratories where the victims developed cancers from the defendant’s DES, an active ingredient used to prevent miscarriages.
July 16, 2012 By The Law Offices of Dr. Bruce G. Fagel & Associates
Examples of medical malpractice caused by doctors or hospitals include medication errors, surgical mistakes, misdiagnosis, ordering the wrong tests, misinterpreting the results of a test, misinterpreting a patient’s medical chart or misreading equipment monitoring a patient.
July 16, 2012 By Robert J. Kulas, P.A.
A recent report issued by the Government Accountability Office, the nonpartisan research arm of Congress found that a federal program designed to combat Medicaid fraud has resulted in cost greater than the amount of fraud the program identified.
July 14, 2012 By Byrd Garrett PLLC
A recent article in Forbes points out that the terminally ill face several financial and estate planning questions that, though not often spoken about, are very important. If you've been diagnosed with a terminal illness, it’s important to speak to an estate planning attorney as soon as possible so you can begin addressing key concerns that will not only affect you, but also your family.
July 13, 2012 By Purcell & Amen, L.L.C.
For many senior citizens, the cost of medical care and services is a big concern. Often, healthcare plans that were in effect while working are no longer available or are financially out of reach. Many elderly Americans turn to the Medicaid program for assistance. Qualifying for the program can be difficult for an individual who has even minimum assets.
In 2008, the federal government launched a Medicaid audit program designed to curtail the estimated $60 billion a year that Medicaid loses to fraudulent claims and overpayments. Since its inception, the program has performed about 1,550 audits, resulting in the identification of about $20 million worth of Medicaid overpayments and fraud.
The idea of having to move into an assisted living community or nursing home environment is not appealing to a great many people. However, it’s estimated that about 43% of everyone age 65 and over will use a nursing home at some point in their lives. Paying for nursing home care is often very difficult, and these expenses are not covered under Medicare.
Medicaid, the joint state and federal health insurance program designed to provide health care to the poor, needy, disabled, and elderly, loses billions of dollars in losses every year. Soon, that number may soon increase when the Affordable Care Act expands Medicaid coverage to millions more Americans. Of the $400 billion spent on Medicaid last year, it’s estimated that about 8% of it was lost to fraud and abuse.
There is conflicting evidence about the safety of home births versus the risks. What cannot be denied however is that there is an increasing trend of delivering at home. Something that started off as a pseudo-hippie trend is now being followed by fashionable mothers, who seem to subscribe to the belief that delivering a baby at home is safer, more spiritual and can actually help them become better mothers.
A strong reporting initiative that encouraged hospitals to report the number of fall accidents that occurred in their facilities is being credited with an improvement in hospital fall accident rates in Pennsylvania. Experts now recommend that the strategies be employed in other hospitals across the country in order to see similar progress.
Patients who develop a surgical site infection are more likely to be re-hospitalized, adding millions of dollars every year to American health care costs. According to the results of a recent analysis, preventing surgical site infections could save the US healthcare system approximately $65 million every year.
The antibiotic Zithromax (Z-Pak) has been linked to sudden Heart Attacks. The law firm of Rudolph F.X. Migliore, P.C. is investigating cases of Zithromax Heart Attack. Azithromycin (Zithromax or Z-Pak) is an antibiotic in the macrolide drug class commonly prescribed to those with sinus infection, bronchitis or pneumonia.
The diabetes drug Actos has been linked to Bladder Cancer. Litigation is now underway as a new study confirms the actos bladder cancer link. Pioglitazone (Actos) is an antidiabetic agent in the thiazolidinedione drug class. The British Medical Journal published an article May 31, 2012, stating that pioglitazone has been found to be associated with an increased risk of bladder cancer development according to a case-control study.
The diabetes drug Actos has been linked to Bladder Cancer. Litigation is now underway and Canada recently warned it's citizens of this risk. As more and more patients are reporting the development of bladder cancer, Canada adds themselves to the list of nations that are warning their citizens of the severe risks of using Actos for a long period of time.
The Infuse Bone Graft by Medtronic has been used off-label and been associated with major side effects. Can you imagine how it would feel to have to fight for every breath? How would you feel if swallowing became so difficult and there was no relief in sight? This is the fate of thousands of patients who suffer side-effects after surgical implantation of a Medtronic Infuse Bone Graft placed in the cervical spine.
July 4, 2012 By The Zimmer Law Firm
The generation that grew up in the postwar economic boom is bringing with it new expectations as it enters retirement at a rate of 10,000 people per day. Just as they drove change in American society as they took leadership roles in business, academia, technology and government. Baby boomers are changing the way retirement communities and senior living centers serve the needs of elderly Americans.
July 4, 2012 By Robert J. Kulas, P.A.
As states across the country continue to struggle with solving their Medicaid funding problem, fraudulent Medicaid claims continue to plague the system. Last year alone, the federal government lost about $22 billion of Medicaid funds because of fraudulent claims. Because Medicaid is a jointly funded federal and state program, state losses are also thought to be significant.
July 3, 2012 By Anderson, Dorn & Rader, Ltd.
If you have heard claims such as “protect your estate assets and still qualify for Medicaid” and wondered about the legality of the claims, you are smart to do so. Although it is possible to legally protect many of your assets and still qualify for the Medicaid program, it must be done carefully, and with the help of an experienced elder law attorney, in order to prevent Medicaid fraud.
OPM Disability: How Can I be Sure that my “Physician’s Statement” Contains Everything I Need for OPM Approval?
July 2, 2012 By The Law Offices of Eric L. Pines, PLLC
If you’ve already begun the process of applying for CSRS or FERS disability retirement benefits, then you’re probably intimately familiar with Standard Form 3112, “Documentation in Support of Disability Retirement Application.” For those who aren’t, there’s a section in the application called “Physician’s Statement,” which must be completed by your doctor.
July 2, 2012 By The Law Offices of Dr. Bruce G. Fagel & Associates
Part 2 of a two part blog about birth injuries from medical malpractice. Part 1 was posted June 25th. This is part two of a two part article about birth defects and birth injuries from medical malpractice (part 1 was posted June 25th). If your baby has birth defects as the result of medical malpractice, you probably have a number of questions. Dr. Bruce Fagel handles many types of medical malpractice claims involving birth injuries to newborn infants:
June 30, 2012 By Frank & Kraft, Attorneys at Law
It is a rude awakening when you start to reach middle-age and find that you are not prepared for retirement. One of the reasons why far too many people find themselves in a bad position is because they expect too much from Social Security and Medicare.
June 29, 2012 By The Law Office of Michael Robinson, P.C.
With state budgets increasingly tight and Medicaid set to expand drastically in 2014, many lawmakers are looking for ways to decrease the impact Medicaid has on state budgets. One of the possible avenues some lawmakers are considering is further decreasing the extent to which Medicaid fraud impacts the joint federal and state program.
June 29, 2012 By Panter, Panter & Sampedro, P.A.
The real outcome of tort reform is the limiting of sick and injured people’s rights and the stunning profits of insurance companies. The National Practitioner Data Bank has caused much consternation among providers of medical services since its inception. While the complaints come in many forms, they all likely stem from the grim picture the data paints of the quality of medical care throughout the United States.
June 28, 2012 By Byrd Garrett PLLC
The costs associated with the growing number of Americans who have fallen into poverty and are relying upon Medicaid for health care insurance are being complicated by the money lost to Medicaid fraud each year. It's estimated that the federal government alone lost about $22 billion of Medicaid funds last year to fraudulent claims.
June 28, 2012 By German Law Group
While many people make Medicare coverage part of their retirement plan, not everyone knows that Medicare doesn't pay for long-term care coverage. While some people plan on using long-term care insurance or private payment options if they ever need to relocate to a nursing home or assisted living environment, you may be able to use Medicaid to pay for the care costs as well. Let’s take a look at a few common questions about Medicaid planning and how it can help you.
June 28, 2012 By Deborah Sexton Law Office, PA
While planning for retirement, many people focus on the money they'll need to support themselves and their family after they stop working. What few people plan for is the possibility that they will have to pay for their elderly parent's nursing home expenses. Though not widely reported, about 30 states have laws that allow nursing homes and other extended care facilities to pursue the adult children of someone staying in the care facility.
June 27, 2012 By Augulis Law Firm
When you are enjoying your prime earning years you have a certain amount of financial power. Once you retire you may find yourself living on a fixed income with little flexibility available to you. As a result you must look ahead toward the future when you are still working and plan ahead intelligently so that you can enjoy your retirement years to the fullest without any financial concerns.
June 27, 2012 By John R. Vermillion & Associates, LLC
In a small majority of states, adult children of elderly parents may be required to pay for the parent's long-term care expenses if the parent is not able to. Thirty states have what are called filial responsibility laws. These laws require the children to pay for their parent's nursing home expenses. Though they have rarely been enforced, they apply if an elderly parent is considered indigent and the adult children are able to pay.
June 25, 2012 By The Law Offices of Dr. Bruce G. Fagel & Associates
If your child has birth defects as the result of medical malpractice, you probably have many questions. View this two part article about the various forms of birth defects and birth injuries that can occur from medical negligence. This is part one of a two part article about birth defects and birth injuries from medical malpractice (part two will be posted July 2nd). If your child has birth defects as the result of medical malpractice, you probably have a number of questions.
June 25, 2012 By The Zimmer Law Firm
Moving to a new home probably means making long lists of Things to Do. If you’re moving across state lines, be sure to add an Estate Plan Review high on the list. Even though each state must honor legal documents made in other states, each state makes its own laws for the formalities and substance of wills, trusts ,powers of attorney, and health care directives. This can lead to some confusing consequences.
June 22, 2012 By The Law Offices of James A. Miller
If you have worked hard all of your life, and are at the point where you are starting to think about your golden years you are probably counting on Social Security retirement benefits to fund at least a portion of your golden years.
June 22, 2012 By Law Office of Bernard P. Healy
Criminal Charges against Veterans who complete the Rhode Island Veterans Diversion Program are dismissed. The program itself is therapeutic, including confidential therapy and counseling. The Rhode Island Veterans Diversion Program is State wide and is available to all Rhode Island Veterans who are charged with criminal misdemeanors.
June 22, 2012 By Law Office of Roy W. Litherland
As you are thinking about the quality of life that you will lead as a senior citizen, you must be pragmatic about your present-day actions. Social Security alone is probably not going to be enough to provide you with a truly comfortable retirement, and Medicare does not pay for everything. So, to be able to realize your ideal retirement vision, you are going to have to engage in some intelligent long-term planning.
June 21, 2012 By Deborah Sexton Law Office, PA
A recent article in the Wall Street Journal highlights how Medicaid, especially after the passing of the Affordable Care Act is changing the way many Americans look at healthcare and retirement planning. Though originally enacted as a plan to provide health insurance to the needy, Medicaid is becoming more widely available to those who previously had been ineligible.
June 18, 2012 By The Law Offices of Dr. Bruce G. Fagel & Associates
Children with developmental disabilities reach developmental milestones such as crawling, walking, talking, social behaviors, and learning, later in life than other children. Developmental disabilities and mental retardation are terms referring to individuals with significant impaired cognitive functioning. These terms describe lifelong disabilities with mental or physical impairments.
June 14, 2012 By Fisher & Talwar
Social Security disability insurance is specifically designed to help people who suffer from certain severe conditions. There are two major factors that dictate who can qualify for disability benefits from Social Security Insurance. These two factors are an individual’s job situation and physical impairment.
June 13, 2012 By Anderson, Dorn & Rader, Ltd.
Anyone over the age of about 40 should be aware that the Social Security retirement system has problems. We have all heard the warnings. Unless you are a financial analyst, you likely don’t know what to make of all the warnings. Will the system disappear entirely before I retire? Will the benefits decrease? Are the warnings unfounded?
June 13, 2012 By The Law Office of Michael Robinson, P.C.
The Medicaid health insurance program is designed to provide medical coverage to the poor, so it should come as no surprise that during the recession of 2007-2009 the number of people using Medicaid increased dramatically. According to a study released in early May, Medicaid spending during the recession increased by about 6.6 percent per year.
June 13, 2012 By Deborah Sexton Law Office, PA
Though the recession officially ended in 2009, states are still struggling to cope with the massive increase in Medicaid expenses associated with the recent economic downturn. Between 2007 and 2009, Medicaid expenses rose by an average of 6.6 percent per year, according to a new study from the Kaiser Foundation, a nonprofit organization.
June 11, 2012 By Brent Adams & Associates
It can be difficult to understand Social Security disability. To learn more about eligibility requirements, contact a Dunn Social Security disability attorney. Most people don’t give much thought to the possibility of becoming disabled. However, when it does happen and it interferes with your ability to work, you may decide to pursue Social Security disability benefits. Before you begin the process, consult a Social Security attorney in Dunn, North Carolina.
June 11, 2012 By The Tolson Firm, LLC
Medical malpractice refers to any doctor or practitioner that fails to meet the government standard of health care which then results in a misdiagnosis, improper treatment, or an unlawful delay in treatment. If any patient is either injured or killed by the malpractice of a health care professional, the family may have ample grounds to file a lawsuit against that doctor.
June 11, 2012 By The Law Offices of Dr. Bruce G. Fagel & Associates
Brain cooling is a procedure which is helping infants suffering from HIE to reduce brain damage, including reducing the chances for cerebral palsy and death. During gestation, if a newborn is asphyxiated before or during birth, the lack of oxygen to the brain can cause a condition called HIE to develop. HIE stands for hypoxia (a decreased amount of oxygen), ischemia (a decreased amount of blood perfusing the brain), encephalopathy (any dysfunction of the brain).
June 11, 2012 By Leks&Co
The purpose of the issuance of Government Regulation Number 33 of 2012 on Exclusive Breast Feeding (“GR No. 33/2012”) is to implement the provisions of Article 129 paragraph (2) of Law Number 36 of 2009 on Health (“Health Law”).
June 8, 2012 By Alpert Slobin & Rubenstein LLP
In order to sue a contractor or employer in a scaffolding or crane construction accident, you must prove which section of the Labor Code was violated. Here, it’s important to work with a construction accident attorney who can use accident investigators, collect eyewitness testimony, and expose contradictory statements on the part of construction companies and contractors.
June 8, 2012 By Alpert Slobin & Rubenstein LLP
In the case of Erb’s palsy, the network of nerves running from the base of the neck through the shoulder can be stretched or broken during birth. Since this network of nerves is responsible for providing movement and feeling to the arm, hand, and fingers, injury to the brachial plexus can result in Erb’s palsy. When the upper nerves of the brachial plexus are injured, a baby may not be able to move his shoulder even though he may be able to move his fingers.
June 6, 2012 By John R. Vermillion & Associates, LLC
The lingering effects of the recent economic downturn are still being felt as states continue to struggle with their Medicaid budgets. A new study released in early May from the nonprofit Kaiser Foundation reports that the number of Americans seeking healthcare through the Medicaid program increased dramatically between 2007 and 2009.
June 5, 2012 By Andrus Hood & Wagstaff
As more drug developers continue to conceal the potential risks of new drugs or medical devices, the frequency in which personal injury lawsuits are being brought up against them is exponentially increasing. It seems that more and more cases of dangerous drug liabilities and defective medical devices are coming to light in recent years.
June 5, 2012 By The Law Offices of Dr. Bruce G. Fagel & Associates
When a family loses a member of their family because of the negligence of a doctor, nurse, or hospital, they have a right to be compensated. Wrongful death claims protect the dependents of the patient who died by providing them with compensation for both the economic as well as the non economic losses they suffered as a result of the wrongful death.
June 4, 2012 By Law Office of Roy W. Litherland
It can be challenging to wrap your head around the possibility that a time may come when you may be in a much different mental and physical state than you are at present. Different stages of life bring certain eventualities along with them, and it is far easier to face them if you are properly prepared.
June 3, 2012 By UB & Co. Attorneys and Counselors
Shanghai Human Resources and Social Security Bureau issued the New Standard of Social Security Payment in Shanghai (the “New Standard”) on March 31st, 2012. The New Standard has come into effect on April 1st, 2012 and will expire on March 31, 2013.
June 3, 2012 By John R. Vermillion & Associates, LLC
Let's say you've gone through the trouble of writing your will, readying your powers of attorney, and have developed an estate plan that meets all of your needs. What happens if you suddenly need to move into a nursing home? Will your estate plan be able to protect you and your assets from the often extreme costs associated with extended care living?
May 31, 2012 By The Law Office of Michael Robinson, P.C.
An estimated one out of every five American adults, or about 50 million people, will experience arthritis at some point. Though it's commonly believed that arthritis only affects the elderly, about half of all arthritis sufferers are under the age of 65. Early arthritis warning signs are often key in developing appropriate preventative measures, so if you notice any of these arthritis red flags you should speak to your doctor as soon as possible.
May 31, 2012 By The Law Offices of Dr. Bruce G. Fagel & Associates
Cerebral palsy and Erbs (brachial) palsy are two of the most common forms of birth injury. A birth injury is any damage sustained by a mother or infant during labor and delivery, and can range from mild bruising to more serious injuries resulting in brain damage. Most often, cerebral palsy and Erbs palsy develop during the delivery of the child, but sometimes cerebral palsy may develop before or after the child is born.
May 30, 2012 By Kahn Gordon Timko & Rodriques P.C.
Some recent examples of nursing home horror stories from New York State and beyond are listed here. There are frequent news stories about the terrible conditions and treatment found in some of the nation's nursing home and assisted living facilities. Some recent examples are listed here:
May 29, 2012 By The Law Offices of Dr. Bruce G. Fagel & Associates
Hyperbilirubinemia, kernicterus, and cerebral palsy can all occur from Jaundice, which happens as a result of elevated bilirubin levels. Parents and medical professionals need to watch for the warning signs. There are many potential dangers a newborn child faces when entering this world. Examples include hyperbilirubinemia, kernicterus, and athetoid cerebral palsy just to name a few. All of these conditions can be traced to an elevated and untreated level of bilirubin in the baby’s blood.
May 28, 2012 By German Law Group
Dementia is a symptom of Alzheimer's disease, though it can also occur as a result of other medical conditions. Alzheimer's and dementia produce memory loss and a general cognitive impairment. Here are three common warning signs that Alzheimer's patients typically show. If you notice any of these in yourself or in a family member or loved one, you should consult a physician as soon as possible.
May 25, 2012 By Davis Levin Livingston
Brachial plexus injuries very often occur during difficult births, and can result in damage to the infant’s arms and shoulder region. Often, the damage is temporary, and there will be no lasting damage to the health of the child. However, in some cases, the condition can have a long-lasting impact, and can substantially reduce movement and mobility in this area.
Most people when they think of long-term care think of care in a nursing home. The majority of people only enter a nursing home when their needs can no longer be met outside of a treatment facility. Home based and community services are a range of services that allow people to remain in their homes and retain their independence for as long as possible.
India and Vance had been married for 27 years at his death. When she turned 62 she applied for widows benefits. Social Security requires as part of the application for Widows benefits that she show proof of marriage. India could not find her marriage certificate. She requested a copy from the Bureau of Vital Statistics in the state where she and Vance were married and was told they had no record of her marriage. What does she do now?
When you are planning your estate it is important to address all of the matters that are relevant to people who are entering their twilight years. While it is true that the financial aspects of estate planning are important, the health care component is key as well, and since people here in American are living longer than ever it is logical to be prepared to live into our late eighties and beyond.
During incapacity planning you may use a Durable Power of Attorney for Health Care and a Durable Financial Power of Attorney to handle your personal and financial matters in the event that you become disabled. Through each of these documents, you may name an agent to make decisions for you. So, wouldn’t it be simpler to make just one document for both purposes? It might seem so, but really it is best to state these needs in separate documents.
A Medical Power of Attorney (POA) or Durable POA for Health Care is a legal document that allows you to provide a plan for your medical care when you can no longer manage decisions on your own. The basic purpose of a health care POA is to name a health care agent and list his or her duties.
May 24, 2012 By Deborah Sexton Law Office, PA
The chance that a person will develop Alzheimer's disease increases significantly after the age of 65. Almost one out of every eight people will develop Alzheimer's disease. Though there is currently no treatment for this condition, you can look out for the common warning signs associated with Alzheimer’s. The following are a few examples:
May 24, 2012 By Purcell & Amen, L.L.C.
We have all heard the warning for years now about the Social Security retirement system. Some analysts issue warnings that are dire predictions of doom while others tell us that the problem can be fixed. So do you need to be worried and if so what can you do about it?
May 24, 2012 By Byrd Garrett PLLC
As Americans continue to eat more, exercise less, and gain more weight, the rise in obesity is having a widespread effect on everything from gas prices to healthcare costs. Recent studies show exactly how pervasive this effect is and how much more all Americans spend on healthcare because of the rise in obesity rates.
May 23, 2012 By The Law Office of Michael Robinson, P.C.
As people continue to live longer and medical science continues to make improvements, elderly people often face a range of legal topics that younger people typically do not have to deal with. Elder law attorneys are lawyers who specialize in knowing how specific areas of the law impact their clients and what people can do to protect themselves as they get older. Let’s take a look at some of the most common areas that elder law attorneys deal with.
May 23, 2012 By The Law Office of Michael Robinson, P.C.
According to the Alzheimer's Association, there are a variety of warning signs and symptoms that may indicate the onset of Alzheimer's disease. If you notice any of these symptoms, you should contact a doctor right away. Though many of these symptoms mimic age-related problems that almost all elderly people experience, Alzheimer’s disease symptoms are typically more significant than the common ailments associated with growing older.
May 22, 2012 By Brent Adams & Associates
A Raleigh Social Security disability attorney can help you with the Social Security disability process of applying and demonstrating need for your benefits. The Social Security disability process can be both frustrating and harrowing, particularly if you have already been rejected and denied benefits in the past. Fortunately, a Social Security disability attorney can help you with:
May 21, 2012 By Frank & Kraft, Attorneys at Law
Medicaid is the federal program that provides healthcare benefits to a wide variety of people including uninsured individuals with low income, pregnant women, certain children and disabled individuals, and senior citizens who need nursing home care. However, in order to receive Medicaid benefits individuals must meet financial eligibility requirements.
May 21, 2012 By Frank & Kraft, Attorneys at Law
A friend or family member has become incapacitated, physically or mentally, and cannot take care of themselves and their finances. You want to step up to help. What can you do to become their guardian? First, get an attorney to help you with the process. Have a complete understanding of the health, living conditions, and finances of the person you want to help.
May 17, 2012 By Brent Adams & Associates
Dependent Social Security disability benefits can help family members of someone who is disabled. A North Carolina Social Security disability lawyer explains who can qualify. Depending upon your work, there are specific members of your family that may qualify for benefits, which include the following:
May 17, 2012 By Brent Adams & Associates
A state agency will review your Social Security Disability application. It must meet work and disability standards for benefit approval. If your claim has been denied, talk to a North Carolina Social Security disability lawyer. When you apply for Social Security disability, the primary goal of the Social Security Administration is to determine if you are disabled and unable to work due to the severity of your disabling condition.
May 16, 2012 By Robert J. Kulas, P.A.
If you have a Revocable Living Trust, you know that it can serve as an essential incapacity planning tool. If you’re ever disabled – through illness or injury – to the point that you can no longer manage your own financial affairs, your Disability Trustee can step in and take over your trust property. However, if a Revocable Living Trust is the only estate planning tool in your incapacity plan, then there are probably gaps that need to be filled.
May 16, 2012 By Frank & Kraft, Attorneys at Law
Everyone has heard of Alzheimer's disease, a debilitating condition that causes dementia among our nation's senior citizens. People who suffer from dementia can find it difficult to understand certain concepts, and as a result they can find it impossible to make sound decisions for themselves.
May 16, 2012 By Esther Wang - The Elderly and Disability Law Firm
When you are young time seems to pass slowly as you anxiously await certain benchmarks. For example young people will look forward to the day when they can start high school and then get a driver's license and it can seem to take forever. On the other hand, many people will tell you that as you age time starts to pass by very quickly.
May 16, 2012 By UB & Co. Attorneys and Counselors
The Ministry of Human Resources and Social Security issued the Tentative Measures for Social Insurance Enrollment of Foreign Employees in China (Draft for Comments) (the "Tentative Measures") on June 10, 2011. The main contents of the Tentative Measures are as follows:
May 14, 2012 By Law Office of Roy W. Litherland
Statistics indicate that a high percentage of people who are approaching retirement age are simply not ready, and many seniors will never be able to retire. If you ask each individual who is unprepared how he or she got into this predicament, you will get a variety of different answers. But without question, a lot of people find themselves lacking because they expected too much from Social Security and Medicare.
May 14, 2012 By Maxwell S. Kennerly, Esquire
In many states, the statute of limitations for pharmaceutical injury lawsuits is one year, and we believe the manufacturer of Actos will argue that the statute of limitations began running on June 15, 2011, when the FDA issued a warning about the link between Actos and bladder cancer. Thus, patients who developed bladder cancer while on Actos should contact an attorney immediately to ensure their claims are preserved.
May 11, 2012 By Augulis Law Firm
It may be human nature to avoid subjects that are not especially pleasant, and this is one of the reasons why people often procrastinate when it comes to incapacity planning. Though it is not hard to understand why someone may prefer to avoid the topic, if you do you are putting yourself and your family members in a vulnerable position.
May 11, 2012 By Davidov Law Group
Most people have watched an episode of 60 Minutes at some point in their lives and are familiar with Mike Wallace who recently passed away at the age of 93. Wallace's son recently stated that his father suffered from dementia before he passed away. It’s never easy watching a family member who has dementia. It’s particularly hard when the proper planning has not been done before the family member gets dementia.
May 9, 2012 By Quadrino Schwartz
What are retrospective audits? Once insurance claims are settled, physicians’ practices hope, and probably assume, that the claims won’t be revisited. The American Medical Association (AMA) and American Academy of Neurology presented a cautionary report, updated in 2010, warning physicians that insurers may be taking a backward look at previously settled transactions from even years earlier.
May 9, 2012 By Brent Adams & Associates
Social Security disability qualifications will depend on your work situation and the severity of your impairment. A Social Security disability attorney in Raleigh, N.C., may be able to help. In order to obtain disability benefits, there are Social Security disability qualifications that you must meet. Even then, you will need to be able to support this with ample evidence.
May 7, 2012 By Arias Ozzello & Gignac LLP
The Need for Stroke and Heart Attack Medication - According to the Centers for Disease Control and Prevention, stroke is the fourth leading cause of death in the U.S. Healthy blood vessels allow oxygen and other nutrients to flow to the brain. When a clot is formed that blocks the brain’s input of blood, a stroke may result, resulting in mild, moderate or severe impairment - or death.
May 7, 2012 By Arias Ozzello & Gignac LLP
Pradaxa is an anticoagulant, or blood thinner, that was approved by the FDA in Oct. 2011 to prevent blood clots in patients who experience atrial fibrillation, or irregular heartbeat. When the heart does not beat in a regular, healthy rhythm, blood may collect in the heart and clots may form as it collects. If a clot is pumped into the bloodstream and it reaches the brain, a stroke may result. Pradaxa was designed to thin the blood, allowing it to flow freely without clotting.
May 7, 2012 By The Law Offices of Dr. Bruce G. Fagel & Associates
Medical negligence is defined as the act or omission in treatment of a patient by a medical professional, which deviates from the accepted medical standard of care. Medical malpractice is negligence whereby a medical professional did not take the proper action required in a reasonable amount of time and this negligence caused injuries to the patient.
May 4, 2012 By Goodman Law Group, P.C.
Victims of injuries and wrongful deaths resulting from negligent or, sometimes even malicious behavior for doctors and/or other medical professionals, in general, tend to just quietly accept whatever settlement these medical professionals, and the insurance company, offer them.
May 4, 2012 By The Hartley Law Firm
Have you ever considered what might happen to your assets if you have to go into a nursing home for a long term stay? Nursing home care is extremely expensive.The time to plan for it is long before you will ever possibly need it. Waiting until you are sick is too late. Medicaid will pay for long term care in a nursing home.
May 4, 2012 By Robert J. Kulas, P.A.
As you get older, different laws have a greater or lesser effect on your life. Elder law is simply a phrase used to describe all the legal issues that affect people as they age, retire, and die. Let's take a look at some of the more common issues that elder law attorneys deal with.
May 3, 2012 By Brent Adams & Associates
The Social Security Administration uses the List of Impairments – or Blue Book – to determine whether or not an applicant is disabled. Consult a North Carolina disability attorney for guidance. The Social Security disability List of Impairments (also known as the “Blue Book”) plays an important role in the disability determination process.
May 3, 2012 By German Law Group
When you are making your estate plan you may hear the phrase “elder law” but not really know what it means. Elder law is simply the collection of legal issues and topics that most often impacts the elderly. Creating an estate plan, for example, is one aspect of elder law, though the topic includes numerous other legal issues. Let’s take a look at some of the most common elder law issues.
April 30, 2012 By The Law Offices of Dr. Bruce G. Fagel & Associates
Every year approximately 225,000 people in the United States die from medical malpractice, making it the third leading cause of death after heart attacks and cancer. Many people are seriously injured or die each year from not only major operations but elective surgeries such as cosmetic surgery and bariatric surgery. Surgical errors and surgical malpractice is a terrifying prospect for any patient to experience.
April 26, 2012 By Frank & Kraft, Attorneys at Law
Although you may not have any problems qualifying for your Social Security benefits once you reach retirement age, there is always a chance that you could be denied. If this happens to you, there’s no need to panic. You can appeal the denial and still stand a good chance of getting approved. In fact, over half of those denied Social Security benefits are approved after they appeal.
An Advance Medical Directive is an essential estate planning document that lets you communicate your wishes for end-of-life medical care to your doctors and loved ones. What kinds of situations does an Advance Medical Directive cover? It’s effective when you’re terminally ill or seriously injured and can’t speak for yourself to communicate your decisions and preferences concerning your medical treatment.
Tens of thousands of elders fall victim to some form of abuse every year, and the abuse is very often at the hands of caregivers or close family members. The signs of elder abuse can be hard to recognize, for a couple of reasons. First, many of the signs overlap with what appear to be normal signs of aging – frailty and mental decline.
When you have a child with special needs, many areas of your life require additional planning and special arrangements, and your estate plan is no different. If your child receives government benefits, you already know that there’s a cap on the amount of assets he or she is allowed to have and still receive those benefits.
April 24, 2012 By Mesriani Law Group
Claiming for disability discrimination in the State of California is no easy task despite the implementation of laws protecting employees and applicants from workplace discrimination. There are two laws that protect individuals from employment discrimination based on disability—the Americans with Disabilities Act (ADA) and the California Fair Employment and Housing Act (FEHA).
April 23, 2012 By The Law Offices of Dr. Bruce G. Fagel & Associates
A birth injury is one of the most heart-breaking situations a family can experience. A Birth injury can devastate a family and have a permanent impact on the lives of everyone involved. One of the most devastating events that can happen to a mother and family is experiencing a birth injury with a newborn baby.
April 19, 2012 By Paul Giannetti, Attorney at Law
In a relatively small number of hearings a medical expert, hired by the government, will give testimony at your Social Security hearing. This expert will be present for the entire hearing and will listen to your testimony before giving his or her opinions. The expert will have never examined you.
April 17, 2012 By Esther Wang - The Elderly and Disability Law Firm
The cost of long-term care has become truly exorbitant, and this is a subject of great concern within the elder law community and there is no relief in sight. Industry analysts tell us that the cost of long-term care is going to increase into the foreseeable future.
April 17, 2012 By Davis Levin Livingston
Senior citizens, who are admitted into a hospital intensive care unit and suffer from a hospital-acquired infection, have their risk of death increase by 4 times compared to those seniors who do not have any infection.