Lansing Personal Injury Lawyer - Miscellaneous

Proposed Legislation Would Protect Consumers, Hold Insurance Companies Accountable

David Mittleman — Wed, 02 Dec 2009 16:42:55 GMT

Earlier this week, Democrats in the Michigan House of Representatives introduced a package of bills that would strengthen consumer protection and prevent auto insurance companies from engaging in unfair trade practices. The proposed law, which is made up of ten separate bills, represents a significant step toward safeguarding consumers' interests.

Under the current law, insurance companies can consider someone's credit history, education, and occupation when setting insurance rates. The new law would prohibit this practice, as well as prevent auto insurance companies from raising an individual's rate following an accident if he or she was not at fault. In addition, the state insurance commissioner would have to sign off on any potential rate increases.

The new bill package essentially adopts the recommendations put forth by consumer advocates in February of this year. Despite its brutal economic climate, Michigan ranks in the top quarter of all states in terms of total auto insurance premiums.

Until now, auto insurance companies have been able to fix rates based on irrelevant and discriminatory information. Hopefully, that is about to change and consumers will be able to enjoy a fair and reasonable method of determining auto premiums.

Originally posted at InjuryBoard by David Mittleman

Let's Get Real About Lawsuits and Corporate America and Organized Medicine

David Mittleman — Wed, 02 Dec 2009 10:11:39 GMT

While browsing the blogging world I discovered a post by Joanne Doroshow on the The Huffington Post with which I completely agreed. Ms. Doroshow was taking on the hypocrisy of Corporate America and Organized Medicine when it came to their positions on access to the courts.

It boils down to this. When it's injured people who want access to the courts to protect what little rights they have left after "tort reform", corporate America and organized medicine blast the anti-litigation propoganda for all to hear. We hear about frivolous lawsuits, costs of litigation, and the threats to commerce.

But... when it's corporate America and organized medicine that want access to the courts to rack up money on even the most absurd claims, the anti-court propoganda disappears. Most likely, these corporate entities are suing smaller, weaker entities to squeeze them out of money over things most of us would probably shake our head over.

So here's the truth. When you hear television ads and see online postings talking to you about frivolous lawsuits and greedy plaintiffs, remember who is sending you the message. It's probably a corporate entity that's been suing over the craziest claims, but doesn't want injured persons without million dollar bank accounts to have access to the courts.

Is that hypocrisy? If it walks like a duck, and talks like a duck....

Originally posted at InjuryBoard by David Mittleman

Use Social Networking Sites With Caution: You Never Know Who's Looking

David Mittleman — Sat, 28 Nov 2009 16:26:53 GMT

In a world where it has become increasingly more popular to post every aspect of our lives online through social networking sites such as Facebook, Myspace, and Twitter, Natalie Blanchard hardly realized that her seemingly innocent Facebook photos would change her life as much as they did. Blanchard, like the millions of other Facebook users posted photos of herself on a beach vacation, at a birthday party, and posing with Chippendale dancers at a bar. However, Blanchard like a few other Facebook users, has become a poster child for caution during the social media age.

In fact, Blanchard suffers from severe depression and has been on long-term disability from her job at IBM for over a year-and-a-half. Her insurance provider, Manulife, has paid her disability benefits since she left her job after her depression became severe enough to hinder her daily life activities. Thus, when she suddenly stopped receiving the checks in the mail from Manulife, she called the company to see what was wrong. She was shocked when the company informed her that they had cut her benefits off because they had viewed her photos on Facebook and no longer believed that she suffered from depression.

Publicly, Manulife claims that it “would not deny or terminate a valid claim solely based on information published on website such as Facebook.” However, the company does admit that it checks the profiles for its clients. Blanchard’s situation offers an important lesson in protecting privacy while utilizing social networking sites: while Facebook offers users an opportunity to share a “slice” of their life with friends and the world, it is important to remember that employers, and apparently insurance companies, use seemingly harmless posted information, too. However, it is too late for Blanchard to heed this privacy advice: instead, she has filed a civil suit against Manulife for $275,000 and is scheduled to appear in Quebec Superior Court on December 8.

Originally posted at InjuryBoard by David Mittleman

Housing Bust Leads to Opportunistic Party-Goers Cashing In on Empty Homes

David Mittleman — Fri, 27 Nov 2009 21:59:58 GMT

The housing bust seems to have opened the doors to unusual party locations. Atlanta, GA; Fort Myers, FL; San Diego, CA; and Tempe, AZ, have all had their share of rowdy parties that share one common element - they took place in empty or abandoned homes.

The quaint Atlanta suburb of Sandy Springs is home to elegant mansions and busy professionals. The last thing they expected was a raucous Halloween party that lasted past 3:00 a.m. That's exactly what happened when party planners rented a foreclosed and abandoned mansion and threw a party that was so heavily planned it included shuttle buses to and from a nearby grocery store. The planner was eventually charged with disorderly conduct when residents complained of the party's excessive noise and traffic gridlock.

Party planners in San Diego were not so fortunate. One man pleaded to burglary charges after a late night rave in a foreclosed home was busted by police. Police have noted the risk factors leading to police involvement as damage and destruction to the homes, along with heightened risk for drug use and underage drinking.

Police in Fort Myers noted that the remnants of parties left the foreclosed homes in shambles, with drywall destroyed, and walls spraypainted.

Originally posted at InjuryBoard by David Mittleman

Common Cold or H1N1 Flu?

David Mittleman — Sat, 21 Nov 2009 09:07:00 GMT

It's late November now, and we are well into Autumn. Another, more sinister season is just beginning, however – cold and flu season. As your friends, family, coworkers, and classmates fall victim to illness, it may seem inevitable that you too will get sick.

This year, much has been spoken and written about the H1N1 virus, also known as swine flu. But how can you tell if this dreaded bug is to blame for your ailments and not a simple cold virus?

Your symptoms can tell you a lot about what you're suffering from. For example, fever is generally rare with the common cold. In contrast, fever is present in about 80% of H1N1 cases, with an elevated temperature of 100 degrees or higher for three or more days being a common indicator. A mucous-producing cough and stuffy or runny nose is typical for a cold, while a dry cough and a lack of nasal congestion is more likely associated with H1N1. Headaches are fairly unusual for a cold, while up to 80% of H1N1 victims suffer from headaches. Sore throat, on the other hand, is often present with a cold and generally rare with H1N1.

Aches, chills, and fatigue can be present with both the cold and H1N1. However, individuals with H1N1 tend to experience these symptoms to a much greater degree. The major difference with regard to these symptoms is the time of onset. Cold symptoms develop slowly over a few days. H1N1 symptoms hit hard and fast, usually within 3-6 hours.

This cold and flu season, be sure to take steps to avoid getting sick. If your best efforts fail, however, be sure to monitor your symptoms closely and consult with your doctor.

Originally posted at InjuryBoard by David Mittleman

Outrage - I Don't Like What I'm Seeing in Health Care (Part II)

David Mittleman — Fri, 20 Nov 2009 08:58:53 GMT

A few days ago I wrote about my concerns about recent developments in women's health care, namely the timely detection of breast cancer. Well, I wasn't the only person who felt that way. In fact, the United States Preventive Services Task Force study released on Monday has set off a response that can only be described by one word: outrage.

http://www.youtube.com/watch?v=MCNl77p1WhE

From Secretary of Health and Human Services Kathleen Sebelius to thousands of women and doctors across the country, women whose diagnostic screenings in their 40s helped save their lives after timely diagnosing them with breast cancer have one message to convey: they are people, not statistics.

As the administration distances itself from the Task Force study, one thing is clear, nobody wants the Task Force's findings to affect insurance coverage of preventive medicine. If a woman, like my wife whose baseline mammogram at age 40 detected breast cancer at an early stage, wants to utilize sound and reasonable preventive health practices, that decision should not be taken away. While our treatment for breast cancer has improved over the decades, there's no dispute over the benefit of early detection of breast cancer.

Originally posted at InjuryBoard by David Mittleman

Teen Became Sick With Guillian-Barre Syndrome After Receiving H1N1 Shot

David Mittleman — Thu, 19 Nov 2009 10:00:00 GMT

Jordan McFarland, a 14-year-old Virginia native, is the sixth person to come down with Guillian-Barre syndrome (GBS) after receiving an H1N1 vaccination. Jordan, a high school athlete, went to Inova Fairfax Hospital in Virginia after a week of severe headaches, muscle spasms, and weakness in his legs. He is still struggling to walk and will likely need the assistance of a walker for 4-6 weeks plus intensive physical therapy. However, Jordan is expected to fully recover in time.

Jordan is one of the first people to develop Guillian-Barre after receiving an H1N1 vaccination. According to Dr. Claudia J. Vellozi, deputy director for immunization safety with the Centers for Disease Control, Jordan’s GBS is only the sixth case reported since October 6. Furthermore, officials at Inova Fairfax Hospital do not dispute that Jordan has GBS, but refuse to comment on his condition as related to the H1N1 shot because they do not want to create unnecessary fear or panic in the public.

Despite the fact that Jordan and his family believe he suffered GBS as a result of the H1N1 vaccination, Dr. Vellozi maintains that there is no clear link between the H1N1 shot and GBS. She states: “[w]e know that GBS and other illnesses occur routinely in the U.S.”. In fact, she noted that 80 to 120 cases of GBS are reported each week in the general population. Moreover, while any side effect can be devastating for an individual, the H1N1 vaccine is much less risky than the H1N1 virus itself.

Originally posted at InjuryBoard by David Mittleman

Michigan Supreme Court’s New Policy Enhances Credibility, Avoids Conflicts

David Mittleman — Tue, 17 Nov 2009 15:15:04 GMT

Earlier this month, Michigan’s Supreme Court adopted a fair and reasonable new policy to govern the disqualification of justices in the event of a potential conflict of interest. By a 4-3 vote, Michigan’s Gang of Justice approved rules that will, in some cases, take the decision out of the potentially conflicted justice’s hands.

Judicial disqualification, also known as recusal, is an incredibly important component of the impartiality and integrity of the legal system. Under the old, unwritten tradition, each individual justice essentially had the final say on whether or not to step aside on a given case due to a conflict of interest. While most judges and justices do the right thing and step aside when they face a conflict of interest, the few who do not can seriously undermine the public’s trust.

A stunning and well–known example can be found in West Virginia, where a state Supreme Court justice was elected to the state’s highest court with the help of $3 million donated by the chairman of Massey Energy Company. That justice later decided in favor of Massey in two key decisions, despite calls for his disqualification.

The new rules adopted by the Michigan Supreme Court will help avoid any actual or perceived injustice. Now, a party whose request for disqualification is refused by an individual justice can appeal to the entire seven-member Court for a ruling.

An excellent editorial by the Lansing State Journal underscores the importance of the change in policy, especially in this era of big-money judicial campaigns. The four justices who voted in favor of the measure - Justices Hathaway, Cavanagh, Weaver, and Chief Justice Kelly - clearly understand the importance of fairness and impartiality. The minority, on the other hand, would prefer the old way of doing things.

Justice Robert Young, who in the past almost always voted with the “Sleeping Judge” Cliff Taylor, was among the dissenters. Last year the people of Michigan voted Taylor off the bench. In 2010, voters will get to have their say about Justice Young.

Originally posted at InjuryBoard by David Mittleman

I Don't Like What I'm Seeing in Healthcare

David Mittleman — Tue, 17 Nov 2009 11:58:43 GMT

As the husband of a 10+ year breast cancer survivor I know first hand the benefit of a baseline mammogram at age 40. I challenge anyone to argue that early detection doesn't give you the best opportunity to cure breast cancer. The studies conducted are overwhelming.

Detecting breast cancer during Stage I gives women a 100% chance of 5-year survival from breast cancer after diagnosis. If the cancer is detected during Stage II, that chance of survival drops to 86%. Stage III means a further drop in survival rate down to 57%. If cancer is not detected until it reaches Stage IV, the chances of 5-year survival are 20%. Stages II and III are actually made up of IIA, IIB, IIIA and IIIB respectively, with the average survival rates of the two groups shown above. The point it this - early detection saves lives.

I am amazed how this government task force could actually release this study and say what they are saying. Is their motivation perhaps to reduce what would be covered by a national "health care plan"? I surely hope not. I am strongly in favor of health care for all, but I do not advocate playing with statistics just to get the result you want. In fact, women whose lives were saved by screening in their 40s are coming out in droves to support continued screening.

How could the United States Preventive Services Task Force come to the conclusion that "breast self-exams do no good", as that makes no sense and is contrary to the long-standing position of the American Cancer Society. In fact it is a MAJOR reversal from the ACS's long-standing (as in decades worth of knowledge) position on screening and self-examination. In fact, the chief medical officer of the ACS, Otis W. Brawley, M.D., gave the following response:

But the limitations [of breast cancer screening] do not change the fact that breast cancer screening using mammography starting at age 40 saves lives. “As someone who has long been a critic of those overstating the benefits of screening, I use these words advisedly: this is one screening test I recommend unequivocally, and would recommend to any woman 40 and over, be she a patient, a stranger, or a family member.

Early last month I also addressed the questioning of long-time protocals in prostate cancer screening. The ACS wasn't about to change their guidelines back then, and I don't see any reason for women in their 40s to risk the chance of missing early detection of breast cancer.

Originally posted at InjuryBoard by David Mittleman

Should Medical Spas Perform Invasive Procedures?

David Mittleman — Sat, 14 Nov 2009 10:30:00 GMT

According to the International Spa Association, there are 1,800 medical spas in the United States. Medical spas offer a more “relaxed” atmosphere than doctors’ offices, but still provide medical treatments like laser hair removal and liposuction alongside the traditional spa services such as massages. In recent years the industry has experienced a boom: from July 2007 to December 2008, the number of medical spas increased by 85%. However, the recent death of Rohie Kah-Orukotan, a 37-year-old nurse who had a liposuction procedure performed, is raising concerns over the safety of medical spas.

In fact, there is proposed legislation that would require owners of medical spas to have certain credentials. Furthermore, the proposed legislation would also dictate which procedures can be performed in medical spas, as well as setting a minimum level of training for someone to perform particular procedures on medical spa patrons. The proposed legislation is now travelling through several state medical boards in Massachusetts, New York, Florida, and Utah.

The issue of most concern for many “traditional” plastic surgeons is the lack of training or experience of some employees at medical spas. For example, according to Dr. Darrick Antell, a plastic surgeon in Manhattan, an employee of a medical spa may start out performing one procedure and move to another more difficult procedure without much experience. Indeed, lack of experience with certain medical procedures has resulted in serious consequences for some medical spa clients, such as Kah-Orukaton. However, more minor consequences can also result, such as second-or third-degree burns from improperly conducted laser hair removal procedures. Overall, the proposed legislation does not want to sway consumers from getting these procedures done. Rather, they simply want to ensure that the procedures are performed safely and by someone with the correct training.

Originally posted at InjuryBoard by David Mittleman